Article 137. Duties of the person responsible for the operation of the construction facility of the Building Code of the Republic of Kazakhstan

Home / Codes / Article 137. Duties of the person responsible for the operation of the construction facility of the Building Code of the Republic of Kazakhstan

1. The person responsible for the operation of a construction facility is the owner of the construction facility (including through a condominium) or persons who own the construction facility on another legal basis, or a person (individual entrepreneur or legal entity) engaged by the owners or persons who own the construction facility on another legal basis for the safe operation of the construction the facility is based on the contract for the operation of the construction facility.

In this case, the contract for the operation of the construction facility is concluded with an individual entrepreneur or a legal entity that meets the requirements approved by the authorized body for architecture, urban planning and construction.

2. If the number of owners of a construction facility is two or more, decisions on its safe operation, including the common property of the construction facility, on the involvement of an individual entrepreneur or a legal entity on the basis of a contract for the operation of the construction facility in order to ensure the safe operation of the construction facility and other issues are made by such owners in proportion to the share of each of them in the total area of the construction site. The size of the share is determined by the ratio of the area of the premises of the construction object, which are individually (separately) owned, to the sum of the areas of all the premises of the construction object.

If there are two or more owners, decisions on the safe operation of a construction facility and other issues may be taken at a general meeting of a condominium established on a voluntary basis, taking into account the proportionality of each of them's share in the total area of the construction facility in accordance with the rules for the safe operation of a condominium construction facility approved by the authorized body for Architecture, Urban Planning and Construction.

3. If an individual entrepreneur or a legal entity is involved in order to ensure the safe operation of a construction facility on the basis of a construction facility operation agreement, the owner of the construction facility or persons who own it on another legal basis are required to transfer the following documents to this person:

engineering survey results;

copies of the design and estimate documentation certified by the design organization, which received a positive conclusion from a comprehensive non-departmental expert examination of construction projects;

copies of the positive conclusion of the comprehensive non-departmental expert examination of construction projects and all its adjustments;

copies of executive technical documentation;

a copy of the certificate of acceptance of the construction site into operation with mandatory appendices;

a copy of the title document for the land plot;

passports of technological equipment;

other documentation necessary for the safe operation of the construction site.

4. The frequency and composition of maintenance work to be performed to maintain the proper technical condition of the construction site (including necessary observations and inspections) must be determined in accordance with state regulatory documents, the results of monitoring the technical condition of the construction site, based on the conditions of their construction, reconstruction, major repairs and operation.

5. The person responsible for the operation of the construction site is obliged to keep a log of the operation of the construction site, which contains information on the dates and results of inspections, control checks and (or) monitoring of their foundations, building structures, systems and networks of engineering and technical support, their elements, on the maintenance work performed on the construction site, on carrying out routine repairs of a construction site, information on the dates and contents of orders issued by government agencies to eliminate violations detected during the operation of a construction facility, information on the elimination of these violations, as well as to comply with the requirements of the rules for the operation of a construction facility approved by the authorized body for Architecture, Urban Planning and Construction, national standards and technical regulations.

6. The form of a construction site operation log and the requirements for maintaining such a log are established by the authorized body for architecture, urban planning and construction in coordination with interested government agencies.

7. The person responsible for the safe operation of the construction site is obliged to notify during its operation about each case of emergency situations in it.:

1) state control and supervision bodies in the event that state control and supervision are carried out over the operation of a construction facility in accordance with the laws of the Republic of Kazakhstan;

2) local self-government bodies, except for the cases specified in subparagraph 1) of this paragraph;

3) the owners of the construction site or persons who own it on another legal basis, if the person responsible for the operation of the construction site is an individual entrepreneur or a legal entity engaged on the basis of a contract for the operation of the construction site.

8. In the event of a change of the person responsible for the safe operation of the construction site, the person who was responsible for its safe operation is obliged to transfer to the new person responsible for the safe operation of the construction site, within ten days, the log of the operation of the construction site, the instructions issued by state authorities on the elimination of violations identified during the operation of the construction site, acts of verification of compliance state bodies of the specified regulations, recommendations of the local executive body, other documents, confirming the performance of maintenance, operational control, and routine repairs of the construction site.

9. The person responsible for the safe operation of the construction site is obliged to participate, including financially, in the maintenance of adjacent construction sites.

10. This article does not apply to construction facilities operated in accordance with the Law of the Republic of Kazakhstan "On Housing Relations".

Note. For the purposes of this article, the common property of a construction site includes: facades, lobbies, halls, corridors, staircases (platforms), rooms designed to accommodate engineering equipment and utility networks, elevators, roofs, attics, common engineering systems and equipment, land under the construction site and (or) adjacent land, landscaping elements and other common property.

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.

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Republic of Kazakhstan

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