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

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.

To obtain a cadastral passport for a real estate object:

  • application for a cadastral passport;
  • a document certifying the identity of the service recipient (individual) and the authorized representative of the service recipient (the original is provided to identify the service recipient), as well as a copy of the document confirming the authority of the service recipient's representative;
  • title documents for the real estate object with the attachment of the identification document for the land plot, if any;
  • a document confirming payment for the issuance of a cadastral passport according to the Prices of goods (works, services).

Acceptance of the application and issuance of the result of the provision of public services is carried out through:

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

Deadlines for the provision of public services: from the moment of delivery of the package of documents by the service recipient when contacting the service provider (the day of receipt of documents is not included in the deadline for the provision of public services) and on the portal:

issuance of a cadastral passport depending on the type of property:

  • The cadastral passport for apartments and dormitories is issued on the third working day;
  • A cadastral passport for individual residential buildings, individual garages, and country buildings is issued on the fifth working day.;
  • The cadastral passport for the remaining real estate objects with a total area of up to 1000 square meters is issued on the seventh working day.;
  • A cadastral passport for objects with a total area of more than 1,000 square meters is issued on the tenth business day from the date of the service recipient's request.;
  • The cadastral passport for real estate objects, with the exception of the real estate objects specified in paragraphs two and three of this subparagraph, relating to the first category of complexity, is issued on the fifth working day.

To submit an electronic application for obtaining a cadastral passport of real estate objects:

  • a request in the form of an electronic document, certified by an EDS or a one-time password, in case of registration and connection of the subscriber number of the service recipient provided by the mobile operator to the portal account;
  • an electronic copy of the title document for the real estate object with the attached identification document for the land plot, if any;
  • An electronic copy of the document confirming payment for the issuance of a cadastral passport, with the exception of payments made through the PSHEP, is provided in two stages: when applying for public services, payment is made in the form of the basic cost of the state technical inspection of the property according to the Prices of goods (works, services).;
  • upon receipt of the result of the public service, full payment (surcharge) is made for the work performed on the state technical inspection of the real estate object according to the Prices of goods (works, services);

A notification about the readiness of the result of a public service, indicating the place and date of receipt, is sent to the service recipient's personal account on the portal. At the same time, the result of the provision of public services is issued by the service provider upon the provision by the service recipient of a document confirming the additional payment for the issuance of a cadastral passport, and upon conclusion of a contract for the provision of services, the service recipient additionally provides a signed act of completed work.

The final stage of the entire basic procedure will be the registration of the commissioning certificate. After receiving a new cadastral passport, it is necessary to apply for registration of the commissioning certificate. The act is registered on the basis of the Rules for the provision of public services "State registration of rights (encumbrances) on immovable property".

For convenience, you can use the online service for applying for a cadastral passport.

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.