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.

Obtainment of permit for alteration in akimat

Application for obtainment of permit is submitted to akimat via online service.

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You need to enclose the following to an electronic application:

  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 a residential building or a protocol of owners of apartments, non-residential premises of a residential building in cases where the changes affect the common property of the condominium object (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 changed (if available);
  3. electronic copy of the questionnaire (if necessary, additional connection to the sources of engineering and utilities and/or increased loads);
  4. an electronic copy of the title document for the land plot (if the reconstruction provides for an additional allotment (cutting) of the land plot) (in the absence of registration in the state database "Real Estate Register");
  5. an electronic copy of the technical project;
  6. in cases where the technical project by the designer indicates that the planned reconstruction (redevelopment, re-equipment) of premises (parts of a residential building) or the transfer of the boundaries of 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 associated with changes in load-bearing and enclosing (external) structures, engineering systems and equipment include:

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

After receiving these documents, you can proceed to the development of the project, get an expert opinion, notify the authorities carrying out state architectural and construction control and supervision about the start of construction and installation works, construction works.

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

Liability for an authorized alteration

Code on administrative violations stipulates a liability for unauthorized alterations. Thus, pursuant to Article 322 of the Code, unauthorized modification or alteration of residential and non-residential premises without architectural and construction project and permit issued by an authorized agency in the field of architecture and urban planning entail fine for individuals in the amount of 30 MCI and for legal entities it is from 90 to 300 MCI.

If modification/alteration/reconstruction caused or could have caused a complete loss of strength and stability of building, a fine is imposed on individuals in the amount of 80 MCI and for legal entities it is from 180 to 500 MCI.

Obtainment of statement to perform alteration and project definition study

To obtain statement to perform alteration and also to apply for project definition study you need to address to one of the many specialized design organizations.

Services for project definition study can be evaluated differently in each company but what you need to do first is to check availability and validity of licenses for execution of such activities.   

You can check a license validity via the service on e-Licensing Portal

Search for licensing documents

Operational commissioning and obtainment of a new technical passport

After completion of construction activities, you need to accept the work by drawing up a certificate of acceptance in the form pursuant to Appendix 2 of the Rules for acceptance of constructed object into operation by owner.

Certificate is signed by an owner, contractor and design organization. To do this, you need to approve a certificate in Architecture and Urban Planning Department of akimat.

To obtain a technical passport for the property:

  • An application for a technical passport;
  • Document that certifies the identity of the service recipient (individual) and the authorized representative of the service recipient (the original is provided for identification of the service recipient), as well as a copy of the document certifying the authority of the service recipient representative;
  • title documents for the real estate object with the attachment of identification document for the land plot;
  • Document confirming payment for issuance of technical passport according to the Price for goods (works, services).

Acceptance of the application and issuance of the result of the state service is carried out through:

  1. Branches of NJSC GC "Government for Citizens" (PSC), at the location of the real estate object of the service recipient;
  2. web-portal of "e-government": gov.kz.

     Terms of rendering the state service:

from the moment of delivery of the package of documents by the service recipient when applying to the service provider (the day of receipt of documents is not included in the period of rendering the state service) and on the portal:

  1. entry of identification and technical data of buildings, structures and (or) their components for newly created real estate into the information system of legal cadastre - one working day;
  2. issuance of technical passport depending on the type of real estate object:
  • issuance of technical passport depending on the type of real estate object: technical passport for apartments, rooms in hostels is issued on the third working day;
  • technical passport for individual residential buildings, individual garages and summer cottage buildings is issued on the fifth working day;
  • technical passport for other real estate objects with the total area of up to 1000 square meters is issued on the seventh working day;
  • the technical passport for the objects with the total area of more than 1000 square meters is issued on the tenth working day from the day of service receiving;
  • the technical certificate for real estate objects, except for real estate objects specified in paragraphs two and three of this subitem, belonging to the first category of complexity, shall be issued on the fifth working day.

An electronic application for a technical passport for real estate objects shall be submitted:

  • request in the form of an electronic document, certified by EDS or one-time password, in case of registration and connection of the subscriber number of the service recipient, provided by a mobile operator, to the portal account;
  • electronic copy of the document of title to the real estate object with the application of the identification document to the land plot;
  • electronic copy of the document confirming payment for issuance of the technical passport, except for the payment made through ESPP, is provided in two stages:

- when submitting an application for a state service, the payment is made in the form of the basic cost of the service of state technical survey of the real estate object according to the Price for goods (works, services);

- upon receipt of technical passport of the real estate object full payment (surcharge) for the work performed under the state technical survey of the real estate object is made according to the Price for goods (works, services).

In case of application for technical survey of the apartment, dormitory rooms and built-in premises no identification document for the land plot shall be submitted.

Information about the identification document, payment made by means of PSEP contained in state information systems, the service provider receives from the relevant state information systems through the gateway "e-government".

When providing the state service, the recipient provides written consent to use the information constituting the secret protected by law and contained in the information systems, unless otherwise provided by the laws of the Republic of Kazakhstan.

The notification on readiness of the result of the state service with indication of the place and date of receipt shall be sent to the portal of the service recipient in the personal cabinet.

In this case, the result of the state service is issued by the service provider when the recipient of the document confirming the surcharge for issuance of the technical passport, and when signing the contract for the provision of services, the recipient of the service is additionally provided with the signed by him act of work performed.

The final stage of the whole main procedure will be registration of the commissioning act.

After receiving a new technical certificate, it is necessary to apply for registration of the commissioning act.

The act will be registered on the basis of the standard of state service "State registration of rights (encumbrances) on immovable property".

For convenience, you can use online service to submit an application for obtainment of electronic technical passport:

{"id":17461,"source_id":3125,"title":"Electronic application for issuance of technical passport for real estate objects","service_code":"P3.10","service_link":"http://egov.kz/services/P3.10/"}

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

The order of organization of development, passage of licensing procedures in the field of construction is determined by the Rules and 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 exercising 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 object.

Reconstruction (redevelopment, re-equipment) of premises (separate 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 framework of one functional purpose) is carried out on the basis of a technical project carried out by licensed persons. Obtaining an M&E solution, design and project expertise is not required.

If you change the boundaries of the room – expand the rooms, combine or divide them among themselves, then this is considered a redevelopment.

If it is associated with changes in load-bearing and enclosing (external) structures, engineering systems and equipment, then it is necessary to perform the above steps.

If the redevelopment is not related to the change of load-bearing and enclosing (external) structures, engineering systems and equipment and is carried out within the same functional purpose, then obtaining an local executive bodies solution, design and project expertise is not required.