Article 20. Competence of the authorized body for Architecture, Urban Planning and Construction of the Law on Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan

Home / RLA / Article 20. Competence of the authorized body for Architecture, Urban Planning and Construction of the Law on Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan

The competence of the authorized body for architecture, urban planning and construction includes:

1) formation and implementation of state policy in the field of architecture, urban planning, construction, development of the production base of the construction industry;

1-1) excluded by the Law of the Republic of Kazakhstan dated January 13, 2014 No. 159-V (effective after ten calendar days after the date of its first official publication);

1-2) implementation of coordination and methodological guidance of local executive bodies in the field of architecture, urban planning, construction, development of the production base of the construction industry;

1-3) organization of scientific research on pricing and economics in the field of construction of facilities at the expense of public investments and funds from quasi-public sector entities;

1-4) development and coordination of interregional territorial development schemes;

1-5) monitoring compliance with the requirements of legislative acts on the priority use of the potential of the Republic of Kazakhstan in the field of architectural, urban planning and construction activities;

2) excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (effective after ten calendar days after its first official publication). 3) - 6) excluded by the Law of the Republic of Kazakhstan dated January 13, 2014 No. 159-V (effective after ten calendar days after the date of its first official publication); 6-1) excluded by the Law of the Republic of Kazakhstan dated October 28, 2015 No. 366-V (effective after ten calendar days after the date of its first official publication);

6-2) development and approval of regulatory documents on pricing in construction and estimated standards;

6-3) development and approval of rules for determining the cost of construction of facilities at the expense of public investments and funds from quasi-public sector entities;

6-4) development and approval of rules for the formation and maintenance of the state bank of construction projects, as well as the provision of feasibility studies, standard projects and design (design estimates) documentation;

6-5) excluded by the Law of the Republic of Kazakhstan dated 06/29/2020 No. 352-VI (effective six months after the date of its first official publication);

6-6) formation, maintenance and systematic updating of the Unified State Register of New Technologies in Construction;

6-7) development and approval of rules for the technical inspection of reliability and stability of buildings and structures;

6-8) development and approval of the rules for issuing a decision on carrying out a complex of works on the postutilization of objects (demolition of buildings and structures);

7) excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (effective after ten calendar days after the date of its first official publication); 8) excluded by the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective nine months after the date of its first official publication). 9) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication); 10) (excluded - dated January 12, 2007 No. 222)

11) management of the state expertise of projects;

11-1) development and approval of the procedure for certification of experts performing expert work and engineering services in the field of architectural, urban planning and construction activities;

11-2) development and approval of rules for the establishment of expert commissions (expert groups) and the involvement of specialists (specialized institutes and organizations) to participate in a comprehensive non-departmental and urban planning expertise;

11-3) development and approval of rules for issuing expert opinions on urban planning and construction projects (feasibility studies and design estimates);

11-4) development and approval of rules for the accreditation of expert organizations;

11-5) development and approval of rules for conducting a comprehensive non-departmental examination of feasibility studies and design estimates intended for the construction of new buildings, as well as changes (reconstruction, expansion, technical re-equipment, modernization and major repairs) of existing buildings and structures, their complexes, engineering and transport communications, regardless of sources of financing;

11-6) determining the procedure for approving projects (feasibility studies and design estimates) intended for the construction of facilities at the expense of budgetary funds and other forms of public investment;

11-7) It was valid until 01.01.2016 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (for the procedure of entry into force, see paragraph 5 of Article 3).

11-8) development and approval of rules for conducting comprehensive urban planning expertise of urban development projects at all levels;

11-9) accreditation of legal entities applying for a comprehensive non-departmental expertise of projects for the construction of facilities;

11-10) development and approval of rules for addressing real estate objects in the territory of the Republic of Kazakhstan jointly with the authorized body in the field of informatization;

11-11) approval of individual plans for the phased development and coordination of design estimates for the construction of individual facilities requiring special regulation and (or) urban planning regulations;

11-12) development and approval of rules defining the procedure for maintaining a portal and information systems for organizing a comprehensive non-departmental examination of construction projects and a comprehensive urban planning examination of urban development projects based on the "one-stop shop" principle;

11-13) development and approval of rules governing the management of the portal and information systems for the organization of construction on the principle of "one window";

11-14) development and approval of regulatory legal acts, regulatory and methodological documents in the field of architectural, urban planning and construction activities;

11-15) implementation of control and supervision over the compliance of developed and approved urban planning projects (detailed planning projects, development and building schemes – a simplified version of the master plans of small settlements) with the requirements of the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities;

11-16) development and approval of rules for carrying out engineering and geological surveys;

12) excluded by the Law of the Republic of Kazakhstan dated 09/29/2014 No. 239-V (effective ten calendar days after the date of its first official publication);

12-1) exercising control and supervision over the activities of local executive bodies for architecture, urban planning, construction and state architectural and construction control in terms of the appropriate performance of the functions assigned to them by the legislation of the Republic of Kazakhstan;

12-2) maintaining a register of licenses in the field of architectural, urban planning and construction activities;

12-3) issuing regulations and applying administrative measures of influence established by the Code of the Republic of Kazakhstan on Administrative Offenses to local executive bodies for architecture, urban planning, construction and state architectural and construction control and the Chamber";;

12-4) a visit to the facility in order to establish the appropriate performance by local executive bodies for architecture, urban planning, construction and state architectural and construction control of the functions assigned to them by the legislation of the Republic of Kazakhstan;

12-5) approval of the form of the act of state inspectors on suspension of activities in the field of construction;

13) creation of the state urban planning cadastre, control over its maintenance;

13-1) coordination of actions of central and local executive bodies on the provision of information and (or) information for entry into the database of the state urban planning cadastre;

14) regulatory, technical and methodological support for the activities of subjects of architectural, urban planning and construction activities, as well as a state-owned enterprise that maintains the state urban cadastre;

14-1) development and approval of rules for the control and supervision of the activities of local executive bodies for architecture, urban planning, construction and state architectural and construction control;

15) making decisions on the application of legislative measures to violators in connection with violations and deviations from the norms of legislation, state regulatory requirements, conditions and restrictions established in the field of architectural, urban planning and construction activities;

15-1) development and approval of rules for registration in the database of the state urban planning cadastre of urban development projects, pre-design and design (design estimates) documentation, as well as objects of architectural, urban planning and construction activities;

15-2) development and approval of rules for the development, coordination and approval of urban development projects (master plans of settlements, detailed planning projects and building projects);

16) (deleted); 17) (deleted - No. 116 dated January 10, 2006 (for the procedure of entry into force, see art. 2 of Law No. 116);

18) certification of state construction inspectors;

18-1) maintaining a register of certified experts performing expert work and engineering services in the field of architectural, urban planning and construction activities;

19) development of technical regulations;

19-1) consideration of draft standardization documents within the scope of competence, as well as preparation of proposals for the development, amendment, revision and cancellation of national, interstate standards, national classifiers of technical and economic information and recommendations on standardization for submission to the authorized body in the field of standardization;

20) excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 366-V (effective after ten calendar days after the date of its first official publication); 21) excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (effective after ten calendar days after the date of its first official publication); 22) excluded by the Law RK No. 269-V dated December 29, 2014 (effective from 01.01.2015);

22-1) development and approval of forms of conclusions on the quality of construction and installation works and the conformity of the work performed with the project, declaration of conformity;

22-2) development and approval of the form of the acceptance certificate for the facility in coordination with the authorized state body responsible for state regulation and control of activities in the field of state registration of rights to immovable property and state technical inspection of immovable property;

23) excluded by the Law of the Republic of Kazakhstan dated 07/10/2012 No. 36 (effective after ten calendar days after its first official publication); 23-1) excluded by the Law of the Republic of Kazakhstan dated 10/28/2015 No. 366-V (effective after ten calendar days after the date of its first official publication);

23-2) approval of the rules for the provision of engineering services in the field of architectural, urban planning and construction activities;

23-3) approval of the rules for the certification of state construction inspectors who carry out architectural and construction control and supervision;

23-4) is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 366-V (effective after ten calendar days after the date of its first official publication);

23-5) approval of the rules for determining the general procedure for classifying buildings and structures as technically and (or) technologically complex objects;

23-6) approval of the rules for determining the procedure for monitoring facilities and complexes under construction (planned for construction);

23-7) approval of technical regulations;

23-8) approval of the rules for maintaining and providing information and (or) information from the state urban planning cadastre;

23-9) approval of uniform qualification requirements for licensed architectural, urban planning and construction activities;

23-10) is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 366-V (effective after ten calendar days after the date of its first official publication);

23-11) approval of the list of types of works (services) as part of construction and installation works;

23-12) managing the activities and coordinating the actions of central and local executive bodies in the implementation of state policy in the field of architectural, urban planning and construction activities;

23-13) carrying out measures to ensure the rational use of territories and natural resources in urban development of territories of national and interregional importance;

23-14) approval of the rules for the organization of construction and passage of licensing procedures in the field of construction;

23-15) approval of standard rules for the improvement of cities and towns;

23-16) organization of the development, coordination, approval, registration and implementation (suspension, cancellation) of state standards in the field of architecture, urban planning and construction;

23-17) approval of the rules for organizing the activities and performing the functions of the customer (developer);

23-18) development and approval of rules for determining the cost of work on conducting a comprehensive non-departmental expertise of projects for the construction of facilities, as well as a comprehensive urban planning expertise of projects for urban planning of territories at various levels;

23-19) development and approval of rules and licensing requirements for the certification of engineering and technical personnel involved in the design and construction process;

23-20) development and approval of rules and licensing requirements for the accreditation of non-governmental certification centers for the certification of engineering and technical personnel involved in the design and construction process;

23-21) development and approval of rules and licensing requirements for accreditation of organizations providing engineering services for technical supervision and expert work on technical inspection of reliability and stability of buildings and structures at technically and technologically complex facilities of the first and second levels of responsibility;

23-22) accreditation of non-governmental certification centers for the certification of engineering and technical personnel involved in the design and construction process;

23-23) accreditation of legal entities engaged in technical supervision and technical inspection of facilities of the first and second levels of responsibility;

23-24) development and approval of rules for the accreditation of project management organizations in the field of architecture, urban planning and construction;

23-25) maintaining a register of accredited non-governmental certification centers for the certification of engineering and technical personnel involved in the design and construction process;

23-26) maintaining a register of certified engineering and technical personnel involved in the design and construction process;

23-27) maintaining a register of accredited organizations providing engineering services for technical supervision and expert work on technical inspection of reliability and stability of buildings and structures at technically and technologically complex facilities of the first and second levels of responsibility;

23-28) maintaining a register of accredited project management organizations in the field of architecture, urban planning and construction;

23-29) coordination of the rules for the formation of the architectural appearance and urban planning of cities of republican significance, the capital and cities of regional significance with a special status in accordance with the Law of the Republic of Kazakhstan for compliance with the requirements of this Law and other regulatory legal acts of the Republic of Kazakhstan in the field of architecture, urban planning and construction;

23-30) development and approval of the procedure for organizing the development, coordination, approval, registration and implementation (suspension, cancellation) of state standards in the field of architecture, urban planning and construction;

23-31) determination of the list of requirements, the violation of which entails the use of rapid response measures, as well as the definition of specific violations of the requirements of a specific type of rapid response measure, indicating the duration of this measure (if necessary).

The list of requirements, the violation of which entails the use of rapid response measures, includes requirements that are subject to state control, in accordance with Article 143 of the Entrepreneurial Code of the Republic of Kazakhstan.;

24) exercise of other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated July 16, 2001 No. 242.

This Law regulates the relations that arise between government agencies, individuals and legal entities in the process of carrying out architectural, urban planning and construction activities in the Republic of Kazakhstan, and is aimed at creating a full-fledged human habitat and vital activity, sustainable development of settlements and interuniverse territories.

President

Republic of Kazakhstan

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