Article 34. Author's supervision of the Law on Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan

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1. The author's supervision is carried out by the developers of the design (design and estimate) documentation at all construction sites, with the exception of those specified in paragraph 6 of Article 33 and paragraph 1 of Article 74 of this Law.

2. The author's supervision carried out during the construction of facilities is carried out on the basis of a contract.

Author's supervision is mandatory throughout the entire period of construction (reconstruction, restoration, expansion, technical re-equipment, modernization, capital repairs) of the facility or conservation of construction of unfinished facilities at the expense of funds provided for in the design (design estimates) documentation for the construction of facilities in accordance with applicable regulations.

Upon completion of the construction project, the person exercising the author's supervision issues to the customer (developer) an opinion on the conformity of the completed works with the project.

2-1. The project developer has the right to delegate the supervision of the construction of the facility.:

1) an expert who has a certificate for the right to provide engineering services in the field of architectural, urban planning and construction activities;

2) to the customer for self-selection of a supplier of engineering services for the supervision of the author, who has the appropriate certificate.

2-2. Persons exercising copyright supervision have the right to:

1) free access to the corresponding facility under construction;

2) to get acquainted with the documentation related to the object under construction;

3) to monitor the execution of their instructions entered in the journal of copyright supervision;

4) require the customer and the contractor (general contractor) to strictly comply with the design decisions provided for by the approved project, as well as the requirements of the legislation of the Republic of Kazakhstan and state (interstate) standards;

5) issue written instructions on the mandatory elimination by the contractor (general contractor) of violations of state (interstate) standards and (or) deviations from design decisions provided for by the approved project.

2-3. Persons exercising copyright supervision are obliged to:

1) ensure that the design decisions provided for in the approved project are accurately implemented during construction;

2) to carry out regular and proper maintenance of the journal of copyright supervision;

3) participate in the registration and signing of certificates of inspection of hidden works and intermediate acceptance of responsible structures;

4) to make timely decisions on making reasonable changes to the approved design (design and estimate) documentation in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

5) in case of non-fulfillment or improper fulfillment by the contractor (general contractor) of the instructions, inform the customer about this, as well as inform the relevant department of the state architectural and construction control and supervision body.;

6) fill out appendices to the certificate of acceptance of the facility for operation with actual measurements.

2-4. For non-fulfillment (improper fulfillment) of assigned duties or carrying out their activities in violation of the requirements of the legislation of the Republic of Kazakhstan, persons exercising copyright supervision are responsible in accordance with the laws of the Republic of Kazakhstan.

3. Excluded by the Law of the Republic of Kazakhstan dated January 21, 2014 No. 167-V (effective ten calendar days after the date of its first official publication).

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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