Article 49. State architectural and construction control over the activities of local executive bodies for architecture, urban planning, construction and State architectural and construction control and supervision of the Building Code of the Republic of Kazakhstan

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Article 49. State architectural and construction control over the activities of local executive bodies for architecture, urban planning, construction and State architectural and construction control and supervision of the Building Code of the Republic of Kazakhstan

1. The purpose of state architectural and construction control over the activities of local executive bodies for architecture, urban planning, construction and state architectural and construction control and supervision (hereinafter referred to as – audited state bodies) is to ensure the development and adjustment of urban development projects and the development of settlements in accordance with the legislation of the Republic of Kazakhstan, high-quality construction, the provision of raw materials for the development of construction projects, as well as changes to existing construction sites, the approval of a sketch (draft design), permits, accreditation, as well as the fulfillment of other mandatory requirements in in accordance with the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities, providing favorable, safe and other necessary conditions for human habitation and vital activity.

2. The authorized Body for Architecture, Urban Planning and Construction shall monitor the activities of the audited state bodies by means of a planned, unscheduled inspection with a visit to the audited state bodies (a construction facility under construction at the expense of public investments) (hereinafter referred to as an inspection for this article) and remote monitoring to establish the appropriate performance by the audited state bodies of the functions assigned to them by law Of the Republic of Kazakhstan.

3. The grounds for an unscheduled inspection are:

1) appeals of individuals and legal entities for violations of the requirements of the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities, if there is supporting evidence.;

2) the prosecutor's demand for specific facts of causing or threatening harm to life, human health, the environment, the rights and legitimate interests of individuals and legal entities, the state;

3) appeals of state bodies on specific facts of violations of the requirements of the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities;

4) assignment of a criminal prosecution body on the grounds provided for by the Criminal Procedure Code of the Republic of Kazakhstan;

5) information on the revealed gross violations of the requirements of the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities within the framework of remote control.

In this case, gross violations are violations of sub-paragraphs 13), 15), 21) and 23) of paragraph 1, sub-paragraphs 9), 10), 12), 19), 21) and 37) paragraph 2 of article 28, sub-paragraphs 3), 5), 8), 9) and 10) points 1, subitems 8), 9), 11) and 17) of paragraph 2 and subitems 8), 9), 11) and 20) of paragraph 3 of Article 29 of this Code;

6) instructions from the Head of the Administration of the President of the Republic of Kazakhstan or his deputies, the Prime Minister of the Republic of Kazakhstan or his deputies, appeals from deputies of the Kurultai of the Republic of Kazakhstan to comply with the requirements of the legislation of the Republic of Kazakhstan on architecture, urban planning and construction activities.

An unscheduled check is not carried out in cases of anonymous requests.

The facts and circumstances identified in relation to specific government agencies being audited and which served as the basis for the appointment of an unscheduled inspection are subject to unscheduled verification.

4. A scheduled inspection is carried out once a year in accordance with the annual plan approved by the first head of the authorized body for Architecture, Urban Planning and Construction, no later than December 10 of the year preceding the year of the inspection.

The Authorized Body for Architecture, Urban Planning and Construction publishes the annual plan on its Internet resource by December 25 of the year preceding the year of the audit, as well as in a digital system for organizing construction on the "one-stop shop" principle.

Amendments and additions to the annual plan of scheduled inspections are carried out in cases of liquidation, reorganization of the inspected state body, change of its name, redistribution of powers between state bodies, as well as the occurrence of a natural, man-made and social emergency, the introduction of a state of emergency, the emergence or threat of the spread of an epidemic, foci of quarantine facilities and especially dangerous harmful organisms, infectious, parasitic diseases, poisoning, radiation accidents and related restrictions, as well as by decision of the first head of the authorized body for Architecture, Urban Planning and Construction.

In the presence of an automated digital risk assessment and management system, the list is generated automatically in a digital system for organizing construction on a one-stop-shop basis.

5. The following sources of information are used to include the audited government agencies in the annual plans for scheduled inspections:

1) violations based on the results of remote monitoring;

2) the results of previous inspections of the audited state bodies.

6. The inspection is carried out on the basis of an act of the authorized body for Architecture, Urban Planning and Construction on the appointment of an inspection (hereinafter referred to as the inspection appointment act).

The act on the appointment of the inspection shall specify:

1) the number and date of the act;

2) the name of the state body;

3) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) authorized to conduct the audit;

4) information about the specialists, consultants and experts involved in the audit;

5) the name and location of the state body being audited;

6) the name and location of the construction site being built at the expense of budgetary funds (in case of a visit);

7) the basis and subject of the appointed inspection;

8) type of verification;

9) the deadline for the audit;

10) the period under review;

11) the rights and obligations of the state body under review provided for in this article;

12) signature of the person authorized to sign the acts.

7. State construction inspectors of the authorized body for architecture, urban planning and construction, who have arrived for inspection, are required to present to the inspected state body:

1) an act on the appointment of an inspection;

2) official identification card or identification card.

The date of delivery of the act on the appointment of an inspection to the state body under review is considered to be the beginning of the inspection.

The composition of the officials conducting the inspection may be changed by decision of the authorized body for architecture, urban planning and construction.

8. The verification period is set taking into account the scope of the work to be done, as well as the tasks set, and should not exceed:

1) for unscheduled inspections – twenty working days;

2) for a scheduled inspection – thirty working days.

9. If it is necessary to carry out tests, examinations, as well as due to a significant volume of inspections, the inspection period may be extended only once by the person authorized to sign the inspection appointment acts for the periods provided for in paragraph 8 of this Article.

In case of extension of the inspection period, the authorized body for architecture, urban planning and construction, no later than the end of the inspection period, draws up an additional act on the extension of the inspection period, which indicates the number and date of registration of the previous act on the appointment of the inspection and the reasons for the extension, notifying the inspected state body of the extension of the inspection period through electronic document management.

In cases of receiving information and documents from authorized bodies, including foreign states, conducting tests, examinations, quarantine, or a state of emergency (situation), the period of verification may be suspended by decision of the first head of the authorized body for architecture, urban Planning, and construction or his deputy.

The notification of the inspected state body on the suspension or resumption of the inspection is made one day before the suspension or resumption of the inspection by means of electronic document management.

If an inspection is suspended or resumed, an act on suspension or resumption of the inspection is issued.

The calculation of the suspended inspection period continues from the date of its resumption.

10. Based on the results of the inspection, the State construction inspector of the authorized body for architecture, urban Planning and construction draws up an act on the results of the inspection in a form approved by the authorized body for architecture, Urban Planning and Construction.

The inspection results report states:

1) date, time and place of drawing up the act;

2) the name of the state body;

3) the date and number of the act on the appointment of the audit, on the basis of which the audit was conducted (additional act on the extension, suspension, renewal of time limits, if any);

4) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) who conducted the inspection;

5) the name and location of the state body being audited;

6) the name and location of the construction site being built at the expense of public investments (if visited);

7) date, place and period of the inspection;

8) information about the results of the audit, including the identified violations, and their nature;

9) instructions on the elimination of identified violations, indicating the time frame for their elimination;

10) the signature of the official(s) who conducted the inspection.

The submission of an act on the results of the audit to the state body being audited is the completion of the audit period, but not later than the deadline for the end of the audit specified in the act on the appointment of the audit (additional act on the extension, suspension, renewal of deadlines, if any).

11. The deadline for the execution of the inspection results report is at least ten calendar days from the date of delivery (receipt) of the inspection results report.

If additional time is required, the inspected state body has the right, within three working days from the date of delivery (receipt) of the inspection results report, to apply to the authorized body for architecture, Urban Planning and Construction with an application for an extension of the time limit for the elimination of identified violations, which should not exceed six months.

In the application for an extension of the time limit for the elimination of identified violations, the State body under review is obliged to set out the measures that will be taken to eliminate the identified violations and the objective reasons for extending the time limit for their elimination.

The authorized body for Architecture, Urban Planning and Construction, within three working days from the date of receipt of the application for an extension of the time limit for the elimination of identified violations, taking into account the arguments set out in the application, decides to extend the time limit for the elimination of identified violations or to refuse to extend it with a reasoned justification.

12. An act on the results of the audit is drawn up in electronic form and sent to the audited state body through electronic document management.

The authorized body for architecture, Urban Planning and construction shall notify the state body carrying out activities in the field of state legal statistics and special accounting within its competence of the results of the state control carried out in accordance with the procedure determined by the Prosecutor General's Office of the Republic of Kazakhstan.

In the absence of violations of the requirements established by the legislation of the Republic of Kazakhstan, when conducting an audit, a corresponding entry is made in the act on the results of the audit.

13. Upon expiration of the period for the elimination of the identified violations specified in the inspection results report, the inspected state body, within the period specified in the inspection results report, is obliged to provide the authorized body for architecture, Urban Planning and construction with information and materials confirming the elimination of the identified violations.

In case of failure to provide information on the elimination of identified violations, as well as failure to provide information on the elimination of identified violations within the prescribed period in accordance with part one of this paragraph, the state construction inspectors of the authorized body for architecture, Urban Planning and construction, within the limits of their authority, take measures to bring the perpetrators to justice, established by the laws of the Republic of Kazakhstan.

14. State construction inspectors of the authorized body for architecture, Urban Planning and construction have the right to::

1) unhindered access to the territory and premises of the inspected state body, as well as to a construction site under construction at the expense of public investments (in case of a visit), upon presentation of the documents specified in paragraph 7 of this Article;

2) receive copies of documents (information) on paper and electronic media for attachment to the act on the results of the audit, as well as access to automated databases (digital systems) in accordance with the subject of the audit;

3) to carry out audio, photo and video shooting;

4) use recordings of technical controls, monitoring and recording devices, photo and video equipment related to the subject of the inspection;

5) involve specialists, consultants and experts;

6) to carry out tests and (or) examinations.

15. The state body under review has the right to::

1) to prevent the inspection of state construction inspectors of the authorized body for architecture, urban planning and construction, who arrived to carry out the inspection, in the following cases::

exceeding or expiring the time limits specified in the act on the appointment of an inspection (additional act on the extension, suspension, renewal, if any) that do not correspond to the time limits established by this Article.;

appointment by the authorized body for architecture, urban planning and construction of an audit of the state body under review, which was previously subject to an audit on the same issue for the same period.;

instructions for conducting an audit to persons who do not have the appropriate authority to do so;

2) not to submit documents and information if they do not relate to the subject of the audit, as well as to the period specified in the act on the appointment of the audit;

3) appeal the act on the results of the inspection, as well as the actions (inaction) of the state construction inspectors of the authorized body for architecture, urban planning and construction in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

16. The state body under review is obliged to:

1) ensure unhindered access of state construction inspectors of the authorized body for architecture, urban planning and construction to the territory and premises of the inspected state body, as well as to a construction site under construction at the expense of public investments (if visited);

2) in compliance with the requirements of legally protected secrecy, provide copies of documents (information) on paper and electronic media to the state construction inspectors of the authorized body for architecture, urban planning and construction for attachment to the act on the results of the inspection, as well as provide access to automated databases (digital systems) in accordance with the subject of the inspection;

3) to prevent making changes and additions to the documents being checked during the verification period, unless otherwise provided by the laws of the Republic of Kazakhstan;

4) to ensure the safety of the persons who arrived for the inspection.

17. Remote monitoring is carried out without visiting by:

1) monitoring, analysis and comparison of data obtained from state digital systems, mass media, reports submitted by the audited state body and other documents established by the laws of the Republic of Kazakhstan;

2) a request for the provision of necessary information regarding the subject of remote control.

In case of detection of a violation based on the results of remote control, an act on the results of remote control is drawn up, which is sent to the inspected state body no later than ten working days from the date of detection of the violation in a form approved by the authorized body for architecture, urban Planning and construction through electronic document management without initiating proceedings on an administrative offense.

18. The act on the results of remote control shall specify:

1) the number, date and place of drawing up the act;

2) the name of the state body;

3) the name of the state body under review, its location;

4) the basis and subject of remote control;

5) the period and timing of remote monitoring;

6) information about the results, including the identified violations, and their nature;

7) instructions on the elimination of identified violations, indicating the time frame for their elimination;

8) the signature of the official who conducted the remote control.

The deadline for the execution of violations specified in the remote control act is at least ten working days from the date of delivery of the act on the results of remote control through electronic document management.

Upon the expiration of the period for the elimination of the identified violations specified in the act on the results of remote control, the state body under review is obliged to provide the authorized body for architecture, urban Planning and construction with information and materials confirming the elimination of the identified violations.

19. The requirements for the elimination of violations identified by the results of inspection and (or) remote monitoring are mandatory.

In case of non-fulfillment of the requirements for the elimination of violations identified by the results of the inspection and (or) remote control, the authorized body for architecture, urban planning and construction has the right to apply to the court with a claim to compel the inspected state body to comply with the requirements for the elimination of violations identified by the results of the inspection and (or) remote control.

20. In case of detection of gross violations specified in the second part of subparagraph 5) of paragraph 3 of this Article, during the remote control, remote control is terminated and an unscheduled inspection is appointed in accordance with subparagraph 5) of paragraph 3 of this Article.

21. If, as a result of the audit, the fact of violation by the audited state body of the requirements imposed on them by the legislation of the Republic of Kazakhstan is revealed, if there is sufficient data indicating signs of an administrative offense, the state construction inspectors of the authorized body for architecture, Urban Planning and construction, within the limits of their authority, take measures to bring those who committed violations to justice, established by the Code of the Republic of Kazakhstan on Administrative Offences.

When establishing the facts of systematic non-fulfillment or improper fulfillment by the audited state body of the requirements imposed on them by the legislation of the Republic of Kazakhstan, the authorized body for architecture, urban planning and construction shall submit to the akim of the capital, the city of republican significance, the region, the district and the city of regional significance the idea of taking measures to eliminate the causes and conditions contributing to the violation of legality, the requirements of legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities.

The idea of taking measures to eliminate the causes and conditions contributing to the violation of legality, the requirements of the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities, is mandatory.

22. In case of violation of the rights and legitimate interests of the inspected state body during the inspection and (or) remote control, the inspected state body has the right to appeal against the decisions, actions (inaction) of the state construction inspectors of the authorized body for architecture, urban planning and construction in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

Filing a complaint does not suspend the execution of the act on the results of the inspection and (or) remote control.

The Code of the Republic Kazakhstan No. 253-VIII SAM dated January 9, 2026

Real The Code regulates public relations related to the implementation of architectural, urban planning and construction activities in the Republic Kazakhstan, the formation of a full-fledged human habitat and vital 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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