Article 105. Comprehensive non-departmental expertise of construction projects of the Building Code of the Republic of Kazakhstan
1. Comprehensive non-departmental expertise of construction projects is carried out by certified experts in the relevant sections (parts) of the construction project.
2. Based on the results of a comprehensive non-departmental expert examination of construction projects, a positive or negative expert opinion is issued on the basis of a contract concluded with customers. The issuance of other types of expert opinions is prohibited.
Positive expert opinions are the basis for the approval of the reviewed construction projects.
3. Comprehensive non-departmental expertise of construction projects is subject to:
1) design and estimate documentation intended for the construction of buildings and structures, their complexes, engineering and transport communications, financed by public investments, as well as those built without the participation of public investments, but providing for the share of state ownership in the volume of products or services provided in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
2) design and estimate documentation intended for the construction of facilities financed without the participation of public investments, with the exception of the construction of facilities of the third level of responsibility specified in paragraph 4 of Article 98 of this Code.
4. The construction facilities specified in paragraph 4 of Article 98 of this Code, as well as feasibility studies intended for the construction of buildings and structures, their complexes, engineering and transport communications, are not subject to a comprehensive non-departmental expert examination of construction projects.
5. When re-applying approved construction projects, as well as linking existing standard projects intended for mass construction, a comprehensive non-departmental examination of construction projects is carried out in terms of linking these projects to a specific area and conditions.
6. Approval and further implementation of a construction project subject to a comprehensive non-departmental expert examination of construction projects is not allowed without its positive expert opinion.
7. The customer of the construction project is also the customer of a comprehensive non-departmental examination of construction projects for this construction project without the right to delegate these powers to third parties.
8. The customer of construction projects subject to a comprehensive non-departmental expert examination of construction projects, but not related to the state monopoly, has the right, at his discretion, to choose any expert organization to conduct a comprehensive non-departmental expert examination of construction projects.
9. Customers are required to submit for a comprehensive non-departmental examination of construction projects a complete set of documents provided for by state regulatory documents. The customer is responsible for the accuracy of the documents submitted for the comprehensive non-departmental examination of construction projects.
10. Both the design and the estimated part of the construction project are subject to a comprehensive non-departmental expert examination of construction projects, with the exception of construction projects financed without public investment, for which the customer has the right not to conduct an expert examination of the estimated part of the construction project.
11. In accordance with the rules approved by the authorized body for architecture, urban planning and construction, the state expert organization and expert organizations create expert commissions (expert groups), and also have the right to involve specialists or specialized organizations, including foreign ones.
It is not allowed to include experts in expert commissions (expert groups), as well as to involve specialists or specialized organizations directly or indirectly involved in the preparation and (or) development of the construction projects under consideration, or who are representatives of the design organizations that developed them, for another form of participation in the comprehensive non-departmental expertise of construction projects.
12. In case of disagreement with the results of the comprehensive non-departmental expert examination of construction projects, the customer has the right to appeal the expert opinion to the court.
13. During the proceedings in civil cases, criminal cases, as well as cases of administrative offenses, a judicial examination may be conducted in relation to the conclusions of a comprehensive examination of construction projects in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
14. A comprehensive non-departmental examination of construction projects is also carried out if it is necessary to make changes to the design and estimate documentation related to a poorly developed and previously approved project and (or) unjustified deviations from the approved construction project identified during construction.
15. For individual construction projects requiring special regulation and urban planning regulations, a comprehensive non-departmental examination of construction projects is carried out in accordance with individual plans for the phased development and approval of design estimates for the construction of individual construction projects requiring special regulation and urban planning regulations.
The procedure for developing and approving individual plans for the phased development and approval of design estimates for the construction of individual construction projects requiring special regulation and urban planning regulations is regulated by the rules for conducting a comprehensive non-departmental examination of construction projects intended for the construction of new ones, as well as changes (reconstruction, expansion, technical re-equipment, modernization and major repairs) of existing buildings and structures, their complexes, engineering and transport communications.
16. The State expert organization and expert organizations shall submit expert opinions to the state bodies exercising state architectural and construction control and supervision in accordance with the procedure determined by the authorized body for architecture, urban planning and construction.
17. The organization of the process of conducting a comprehensive non-departmental examination of construction projects is carried out on the site of the portal for the organization of the development and examination of projects on the principle of "one window".
The Code of the Republic of Kazakhstan dated January 9, 2026 No. 253-VIII SAM
This Code regulates public relations related to the implementation of architectural, urban planning and construction activities in the Republic of Kazakhstan, the formation of a full-fledged habitat and human activity, planning and development of settlements, interuniverse territories, ensuring the safety of construction sites at all stages of their life cycle.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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