Article 50. Rapid response measures and the procedure for their application of the Building Code of the Republic of Kazakhstan

Home / Codes / Article 50. Rapid response measures and the procedure for their application of the Building Code of the Republic of Kazakhstan

1. During the implementation and (or) based on the results of state control by the local executive body of the region, the city of republican significance and the capital of the state architectural and construction control and supervision, rapid response measures are applied in cases of identification of activities, works, services of the subject (object) of control and supervision that pose an immediate threat to the rights and legitimate interests of individuals and (or) legal entities, human life and health, environment, national security of the Republic of Kazakhstan.

2. Rapid response measures are the methods of influencing subjects (objects) of control and supervision used during and (or) based on the results of an inspection, preventive control with a visit to the subject (object) of control and supervision, or preventive control without visiting the subject (object) of control and supervision, the types of which are provided for in this article.

Rapid response measures are applied in case of violation by subjects of control and supervision of the requirements stipulated by the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities.

3. Rapid response measures include the following types::

1) suspension of construction;

2) suspension of activities or certain types of activities;

3) prohibition of construction or its separate types carried out in violation of the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities and (or) state regulatory documents;

4) suspension of the validity of the permit and (or) the attachment to the permit;

5) revocation (revocation) of the permit and/or the attachment to the permit.

4. Violations of the requirements established by the legislation of the Republic of Kazakhstan, which are the subject of state control in accordance with Article 143 of the Entrepreneurial Code of the Republic of Kazakhstan, are the basis for the application of a rapid response measure.

5. The local executive body of the region, the city of republican significance and the capital, which carries out state architectural and construction control and supervision, also applies rapid response measures when establishing violations of state regulatory documents and (or) deviations from approved construction projects (design decisions) through a digital system for organizing construction based on the "one-stop shop" principle. in accordance with paragraphs 3 and 4 of this article.

6. The local executive body of the region, the city of republican significance and the capital, which carries out state architectural and construction control and supervision, during the implementation and (or) based on the results of an inspection, preventive control with a visit to the subject (object) of control and supervision, or preventive control without visiting the subject (object) of control and supervision upon detection of violations of requirements, which are the basis for the application of rapid response measures, draws up a resolution on the application of rapid response measures in the form, approved by the authorized body for Architecture, Urban Planning and Construction.

The resolution on the application of rapid response measures is drawn up and handed over to the subject of control and supervision in accordance with Article 153 of the Entrepreneurial Code of the Republic of Kazakhstan.

In the case of verification by means of an automated registry, a resolution on the application of rapid response measures is issued automatically in this automated registry.

7. In case of refusal to adopt a resolution on the application of rapid response measures, upon its delivery, a corresponding entry is deliberately made and a video recording is made recording the fact of refusal to adopt a resolution on the application of rapid response measures. The resolution on the application of rapid response measures is sent to the legal address, location or actual address of the subject of control and supervision by registered mail with a notification of its delivery.

8. Refusal to receive a resolution on the application of rapid response measures is not a reason for its non-fulfillment.

9. Violations of the requirements identified during and (or) based on the results of an inspection, preventive control with a visit to the subject (object) of control and supervision, or preventive control without a visit to the subject (object) of control and supervision, which are the basis for the application of rapid response measures, are reflected in the act on the results of the inspection and (or) preventive control with a visit the subject (object) of control and supervision, an instruction on the elimination of detected violations, or a conclusion based on the results of preventive control without visiting the subject (object) of control and supervision.

When performing an inspection through an automated registry, an act on the results of the inspection is not drawn up.

10. The subject of control and supervision is obliged to eliminate the identified violations of the requirements, which are the basis for the application of rapid response measures, within the time limits specified in the instruction on the elimination of identified violations or the conclusion on the elimination of identified violations.

11. Upon expiration of the deadlines for eliminating violations of requirements identified during the implementation and (or) based on the results of an inspection, preventive control with a visit to the subject (object) of control and supervision, or preventive control without visiting the subject (object) of control and supervision, an unscheduled inspection is conducted to control the elimination of identified violations of requirements that are the basis for the application of rapid response measures..

The decree on the application of rapid response measures is terminated if the local executive body of the region, the city of republican significance and the capital, which carries out state architectural and construction control and supervision, confirms the elimination of identified violations of the requirements that are the basis for the application of rapid response measures, based on the act on the results of an unscheduled inspection in accordance with subparagraph 2-1) of the first paragraph of paragraph 5 of the article 144 of the Entrepreneurial Code of the Republic of Kazakhstan.

12. In case of non-elimination of identified violations of the requirements that are the basis for the application of rapid response measures, based on the results of an unscheduled inspection, measures are taken to bring the perpetrators to justice in accordance with the procedure established by the laws of the Republic of Kazakhstan.

13. Before the expiration of the time limits stipulated by the instruction on the elimination of identified violations or the conclusion on the elimination of identified violations, the subject of control and supervision is obliged to provide information on the elimination of identified violations of the requirements, accompanied by materials proving the elimination of violations.

If the information provided for in the first part of this paragraph is provided, an unscheduled inspection is carried out in accordance with the second part of paragraph 11 of this article.

14. In case of disagreement with the results of the inspection and (or) preventive control with a visit to the subject (object) of control and supervision or preventive control without visiting the subject (object) of control and supervision, which led to the application of rapid response measures, may file a complaint declaring the decision on the application of rapid response measures invalid and its cancellation.

A complaint is filed with a higher state body in accordance with the procedure provided for in Chapter 29 of the Entrepreneurial Code of the Republic of Kazakhstan, or with a court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

Filing a complaint does not suspend the execution of the decision on the application of rapid response measures.

15. The grounds for invalidating the decision on the application of rapid response measures and its cancellation are:

1) the lack of grounds for the application of rapid response measures;

2) the application of a rapid response measure on grounds that do not correspond to this measure;

3) the application by the local executive body of the region, the city of republican significance and the capital of the state architectural and construction control and supervision of rapid response measures on issues outside their competence;

4) failure to comply with the procedure for coordinating and taking prompt response measures established by Article 153 of the Entrepreneurial Code of the Republic of Kazakhstan.

16. Information on the application of rapid response measures is sent to the state body that carries out activities in the field of state legal statistics and special accounting within its competence, in accordance with the procedure determined by the Prosecutor General's Office of the Republic of Kazakhstan.

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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