Article 120. Basic requirements for the construction process of the Building Code of the Republic of Kazakhstan

Home / Codes / Article 120. Basic requirements for the construction process of the Building Code of the Republic of Kazakhstan

1. At the appropriate stages of the construction process, the procedures must be followed and the requirements set out in this article must be met.

The terms and amounts of construction financing must correspond to the terms and amounts of contract work (provision of services) specified in the design and estimate documentation approved in accordance with the established procedure.

The list of types of contract works (services) as part of construction and installation works is approved by the authorized body for architecture, urban planning and construction.

2. The customer who intends to carry out the construction of a construction facility is obliged, in accordance with the land legislation of the Republic of Kazakhstan, to obtain from the local executive authorities of the region, the city of republican significance, the capital, districts and the city of regional significance a decision on granting the appropriate right to land. If the customer has the appropriate right to a land plot and a functional zone in accordance with the approved urban planning project for the construction of a construction facility, additional decisions from the local executive authorities of the region, the city of republican significance, the capital, districts and cities of regional significance are not required.

The performance of contract work at a construction site is allowed only on land plots for which the relevant land use right or private ownership right has been granted in accordance with the legislation of the Republic of Kazakhstan.

The construction of antenna-mast structures and (or) supports for cellular or satellite communications equipment, including places for cellular or satellite communications equipment, is allowed if there is a lease agreement for the land and (or) part of it with the owner of the land, regardless of the purpose of the land.

The design, construction and maintenance of engineering infrastructure (roads, bridges, power transmission lines and other communications) to tourism facilities located in specially protected natural territories of national and local significance, as well as to tourism facilities and tourist accommodation that are located outside populated areas are allowed., taking into account the migration routes of animals without granting land use rights or private property rights on the basis of an agreement on the provision of long-term use of specially protected natural areas for the design, construction and maintenance of engineering infrastructure for tourism facilities concluded with an environmental organization.

An agreement on the provision of long-term use of specially protected natural areas for the design, construction and maintenance of engineering infrastructure (roads, bridges, power transmission lines and other communications) to tourism facilities is concluded on the basis of a model agreement approved by the Government of the Republic of Kazakhstan.

The agreement on the provision of long-term use of specially protected natural areas for the design, construction and maintenance of engineering infrastructure (roads, bridges, power lines and other communications) for tourism facilities specifies the name of the work being carried out, the terms and conditions of their implementation, environmental requirements for environmental protection, measures for the reclamation of disturbed lands and the timing of their implementation. carrying out.

3. The validity period of the decision of the local executive bodies of the region, the city of republican significance, the capital, districts and cities of regional significance on granting the relevant right to a land plot from the date of the decision to the start of construction shall be established in accordance with the land legislation of the Republic of Kazakhstan, taking into account the regulatory duration of the design and approval of the construction project in accordance with the established procedure and indicated in the permit document.

4. In cases where it is impossible to obtain a positive decision on granting the relevant right to a land plot, local executive authorities of the region, the city of republican significance, the capital, districts and cities of regional significance are obliged to respond to the applicant (customer) with a reasoned refusal within ten days from the date of the request, indicating the norms (provisions, conditions, restrictions, easements) of the legislation of the Republic of Kazakhstan, which conflict with his intention to carry out this construction.

5. The decision of the local executive authorities of the region, the city of republican significance, the capital, districts and the city of regional significance to grant the appropriate right to a land plot and an architectural and planning assignment are the grounds for drawing up an assignment by the customer for the design of the planned construction site.

The design assignment is drawn up by the customer or his authorized person (developer) and approved by the customer.

The design assignment is an integral part of the contract for the execution of the order for the development of pre-design and (or) design and estimate documentation.

The design assignment should include the required parameters of the construction site, raw materials, including information from maps of seismic microzoning and mudflow, landslide and avalanche hazards and risks.

6. Providers of engineering and utility services in the area of proposed construction, at the request of the local executive body of the region, city of republican significance, capital, district, city of regional significance, submit, in accordance with the procedure determined by the authorized body for architecture, urban planning and construction, technical specifications for connection to sources of engineering and utilities in the requested (estimated) parameters, required for the construction and sustainable operation of the subsequently commissioned construction site.

The issued technical specifications may be changed during the period of their validity by submitting a written request (application, application) by the consumer for new technical specifications for connection to sources of engineering and utilities.

Projects for the construction of external engineering networks and structures developed in accordance with the technical specifications issued by providers of engineering and utility services for connection to sources of engineering and utilities and received a positive conclusion from a comprehensive non-departmental expert examination of construction projects, additional coordination with providers of engineering and utility services and local executive authorities for architecture and urban planning and they are not subject to construction.

7. It is not allowed for suppliers of engineering and utility services to establish unreasonable requirements for the participation (equity participation) of the customer (consumer) in the expansion (reconstruction, modernization, technical re-equipment) of engineering (utility) infrastructure facilities when issuing technical specifications.

In cases where the existing level of provision of the engineering (communal) infrastructure of a given locality or construction area does not allow providing services in the parameters requested by the customer (consumer), issues about the costs associated with the expansion (reconstruction, modernization, technical re-equipment) of infrastructure facilities to cover additional loads of connected subscribers should be resolved between suppliers (manufacturers) and the customer (consumer) on a contractual and refundable basis.

8. Local executive bodies of the capital, cities of republican significance, districts (cities of regional significance) for architecture, urban planning and construction, based on a decision to grant the appropriate right to a land plot or the customer's right to a land plot, issue to the customer an architectural and planning assignment with specifications for connection to sources of engineering and utilities.

When approving a preliminary design, the local executive body of the capital verifies its compliance with the integrated traffic management scheme in accordance with the rules for building organization and the passage of licensing procedures in the construction sector.

Prior to making a decision to issue an architectural and planning assignment with specifications for connection to engineering and utility sources and approval of the draft design, an appropriate analysis is carried out, including according to information from digital systems, for the absence of violations of the norms and requirements (conditions, rules, restrictions) established by Article 146 of this Code.

9. The composition and volume of the initial materials required for the issuance of architectural and planning assignments are established by state regulatory documents.

In cases where the construction of a new or reconstruction (redevelopment, re-equipment, modernization, restoration) of a construction site does not require the allotment (pruning) of a land plot, as well as if for these purposes there is no need to connect to sources of engineering and utilities, an appropriate entry is made in the architectural and planning assignment.

10. The design and estimate documentation developed in accordance with the design assignment, architectural planning assignment and other source materials is subject to approval, comprehensive non-departmental expertise of the construction project and approval in accordance with the requirements established by state regulatory documents.

The developed design and estimate documentation for the construction of a water facility, the territory of water protection zones and strips is subject to approval in accordance with the procedure established by the water legislation of the Republic of Kazakhstan.

11. Prior to the start of construction and installation work, the customer is obliged to notify the state bodies carrying out state architectural and construction control and supervision of the start of construction and installation work in accordance with the procedure established by the Law of the Republic of Kazakhstan "On Permits and Notifications".

If construction and installation works are planned on water bodies, territories of water protection zones and strips, the conditions of work are subject to approval in accordance with the procedure established by the water legislation of the Republic of Kazakhstan.

At the same time, notification by energy transmission organizations of the start of construction and installation work on the technological connection of electric installations with an installed capacity of up to 200 kW to their own networks of business entities is not required.

12. The construction process is accompanied by architectural and construction control and supervision in accordance with the norms of Chapter 6 of this Code.

13. In cases where the deadlines for the completion of construction and installation work are less than those specified in the approved design and estimate documentation, the contractor (general contractor) retains the right to pay for the work at a fixed price stipulated in the construction contract (estimate).

14. The construction object is subject to commissioning in accordance with the norms of Chapter 18 of this Code.

An act of acceptance of a construction object into operation approved in accordance with the established procedure is the basis for entering into the digital system of the legal cadastre identification and technical information of buildings, structures and (or) their components for newly created immovable property, registration of rights to immovable property.

15. The procedure, deadlines for registration and issuance of documents necessary for the construction of new and modified construction sites are established by the rules for the organization of construction and the passage of licensing procedures in the field of construction.

16. To ensure the safety of aircraft flights, compliance with flight safety requirements, taking into account the possible negative effects of airfield equipment and aircraft flights on human health and the activities of individuals and legal entities, construction on the airfield territory is carried out taking into account the restrictions provided for by the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities.

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

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases