Article 146. Responsibility of subjects of architectural, urban planning and construction activities for violation of the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities of the Building Code of the Republic of Kazakhstan
1. Violations of the norms and requirements (conditions, rules, restrictions) established by the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities committed by subjects of architectural, urban planning and construction activities shall entail liability established by the laws of the Republic of Kazakhstan.
These violations include:
1) deviation from the approved functional purpose of territories, urban planning regulations, the established regime of special regulation and urban planning regulations;
2) deviation and inconsistency of the detailed planning project with the approved general plan of the settlement or the scheme of development and development (simplified master plan);
3) deviation from the procedure established by the legislation of the Republic of Kazakhstan for the selection and provision (permission for use), as well as the seizure of land for urban development purposes related to public needs;
4) performing survey, design, construction and installation works in violation of the requirements of the legislation of the Republic of Kazakhstan and state regulatory documents;
5) deviation from the established procedure for the development, coordination, examination and approval of urban planning documentation, as well as deviation from the documentation approved in accordance with the procedure established by the legislation of the Republic of Kazakhstan, or making changes to it without complying with the requirements established by the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities;
6) deviation from the established procedure for the development, examination and approval of design and estimate documentation, as well as deviation from the documentation approved in accordance with the procedure established by the legislation of the Republic of Kazakhstan, or making changes to it without complying with the requirements established by the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities;
7) carrying out construction and installation works without notifying the state bodies carrying out state architectural and construction control and supervision, in accordance with the procedure established by the legislation of the Republic of Kazakhstan on permits and notifications;
8) carrying out construction without author's support and technical supervision in cases where this Code provides for their obligation.;
9) implementation of construction (reconstruction, restoration, expansion, technical re-equipment, modernization, major repairs) construction sites and their complexes in violation of the requirements of approved state regulatory documents, which may lead to a decrease and loss of strength, stability, reliability of buildings, structures, their parts or individual structural elements, deterioration of the operational qualities of the constructed construction sites, negative impact on the environment;
10) unauthorized construction, as well as changing the architectural appearance of a settlement, non-compliance with the design code, reconstruction (redevelopment, re-equipment, repurposing) of construction facilities, individual premises and (or) parts of construction facilities;
11) deviation from the established red lines and building lines, as well as yellow lines in areas (zones) of increased seismic hazard during the planning and construction of settlements;
12) non-compliance with the norms and requirements of regulatory documents, as well as requirements established by regulatory legal acts of the Republic of Kazakhstan, including labor protection, fire- and explosion safety, civil defense, sanitary and environmental safety, ensuring access for low-mobility groups of the population to social, transport and recreational infrastructure facilities during the design, examination, construction and subsequent operation of the construction site, as well as the non-use of materials, equipment, products and structures of domestic production at construction sites financed by public investments. productions included in the database of goods, works, services and their suppliers;
13) violation of the order of acceptance of construction facilities into operation, as well as their maintenance during operation;
14) an unmotivated refusal to issue or the issuance of false information on the preparation and decision-making related to the planning and construction (reconstruction) of settlements (parts of settlements), projected construction sites, as well as on the state of the habitat and vital activity and proposed changes in it, directly affecting the interests of individuals and legal entities, the state;
15) deviation from the design and estimate documentation developed and approved in accordance with the established procedure during construction and installation works;
16) carrying out activities in the field of architecture, urban planning and construction without permits;
17) failure to register the condominium of an apartment building that has been put into operation;
18) failure to transfer the external engineering networks and structures of an apartment building to communal ownership in accordance with the design and estimate documentation;
19) failure to include the land plot in the common property of the condominium of an apartment building;
20) violation of the requirements established by the legislation of the Republic of Kazakhstan for the provision of information and (or) information for filling in the automated digital system of the state urban cadastre;
21) violation of the procedure established by the legislation of the Republic of Kazakhstan for maintaining and updating the duty topographic plan in the automated digital system of the state urban cadastre;
22) other actions that worsen the state of the environment and vital activity, infringe on the rights and legitimate interests of citizens, including low-mobility groups of the population, and society as a whole, damage state interests, which entail responsibility established by the laws of the Republic of Kazakhstan.
2. The obligations to eliminate the violation (conditions, rules, restrictions) and its consequences, as well as to compensate for the damage (harm) caused, are assigned to the subject of architectural, urban planning and construction activities that committed these violations (conditions, rules, restrictions).
3. The facts of non-compliance with the warranty period by subjects of architectural, urban planning and (or) construction activities are established in accordance with the norms of the Civil Code of the Republic of Kazakhstan, as well as Article 122 of this Code.
4. In cases of violations of the requirements of the legislation of the Republic of Kazakhstan, as well as urban planning and technical regulations, norms and regulations of state and interstate regulatory documents that have a direct impact on the strength, stability and reliability of the construction site in the design and estimate documentation, as well as violations in the urban planning project, violations of norms and requirements and non-elimination of identified violations in the process and within the established time frame for the examination of projects, the project organization that developed the design and estimate documentation, urban development projects, bears the responsibility established by the laws of the Republic of Kazakhstan.
The negative expert opinion confirms the revealed violations during the development of design estimates and urban planning projects.
When violations of the requirements of the legislation of the Republic of Kazakhstan, as well as urban planning and technical regulations, norms and regulations of state and interstate regulatory documents that have a direct impact on the strength, stability and reliability of the construction facility under construction are identified in the design and estimate documentation, the design organization that developed the design and estimate documentation, as well as the expert who issued a positive expert opinion on the design and estimate documentation, are responsible, established by the laws of the Republic of Kazakhstan.
When violations of norms and requirements are detected in an urban development project, the design organization that developed the urban development project, as well as the expert and the state expert organization that issued a positive expert opinion on the urban development project, bear responsibility established by the laws of the Republic of Kazakhstan.
The identified violations and expert comments should be motivated and justified by references to the relevant regulatory legal acts of the Republic of Kazakhstan, the requirements of urban planning and technical regulations, norms and regulations of state and interstate regulatory documents. The issuance of advisory comments is not allowed.
Violation of the validity and (or) reliability of the estimated or estimated cost of construction is confirmed by a forensic examination conducted in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
In case of confirmation by a forensic examination of an unjustified overestimation and (or) underestimation of the estimated or estimated cost of construction, the persons who developed the design and estimate documentation and conducted a comprehensive non-departmental examination of construction projects on it bear responsibility established by the laws of the Republic of Kazakhstan.
5. The architectural and planning assignment, the agreed draft design, as well as the positive expert opinion, the conclusion of the technical survey on the condition of the building and structure, agreed and issued in violation of the requirements of the legislation of the Republic of Kazakhstan, as well as urban planning and technical regulations, norms and regulations of state and interstate regulatory documents, are subject to revocation or cancellation in accordance with the procedure established by the legislation of the Republic of Kazakhstan. Kazakhstan.
The revocation and cancellation of an architectural planning assignment or an agreed draft design are carried out on the basis of an order issued by the authorized body for architecture, urban planning and construction, the local executive body of the region, the city of republican significance, the capital, which carries out state architectural and construction control and supervision, and a judicial act that has entered into force.
The withdrawal and cancellation of the conclusion of the technical inspection on the condition of the building and structure are carried out on the basis of an order issued by the local executive body of the region, the city of republican significance, the capital, which carries out state architectural and construction control and supervision, and a judicial act that has entered into force.
The withdrawal of an expert opinion is carried out by a state expert organization or expert organizations in accordance with Article 115 of this Code.
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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