Article 139. Recognition of a construction site as an emergency and subject to demolition or reconstruction of the Building Code of the Republic of Kazakhstan
1. A construction site may be considered an emergency and subject to demolition or reconstruction. The recognition of a construction site as an emergency and subject to demolition or reconstruction is carried out based on the results of an examination of its actual condition and (or) the territory on which such a construction site is located.
2. The recognition of an apartment building as an emergency and subject to demolition or reconstruction is carried out in accordance with the legislation of the Republic of Kazakhstan, taking into account the specifics established by the housing legislation of the Republic of Kazakhstan.
3. The procedure and grounds for recognizing a construction site as an emergency and subject to demolition or reconstruction shall be approved by the authorized body for architecture, urban planning and construction. In this case, they are defined in the following order:
1) the procedure for the adoption by an authorized state body and (or) a local executive body of a decision on the establishment of an interdepartmental commission for the purpose of assessing the actual condition of a construction facility and (or) the territory on which such a construction facility is located, the procedure for forming the said commission, the procedure for holding its meetings and the procedure for making its decisions;
2) the procedure for conducting an inspection of a construction site and (or) the territory on which such a construction site is located, the procedure for assessing the actual condition of such construction sites and (or) the territory;
3) the procedure for notifying the owner of a construction facility, the owners of premises therein (apartments and (or) non-residential premises), the person who owns the construction facility, premises therein (apartment and (or) non-residential premises) on another legal basis, on consideration of the issue of recognizing such a construction facility as an emergency and subject to demolition or reconstruction;
4) the procedure and deadlines for making a decision on recognizing a construction site as an emergency and subject to demolition or reconstruction.
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
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