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Article 60. Design (design and estimate) documentation Chapter 9. Urban planning and architectural and construction documentation of the Law on Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan
1. The construction (reconstruction, restoration, expansion, technical re-equipment, modernization, major repairs) of facilities and their complexes, as well as the laying of communications, engineering preparation of the territory, landscaping and landscaping are carried out according to design (design and estimate) documentation developed in accordance with the approved detailed planning projects, building projects carried out on based on the general plan of the settlement (or their replacement scheme of development and development of settlements with a population of up to five thousand people).
In the cases provided for in paragraph 2 of this article, construction is allowed without design (design estimates) documentation or according to simplified draft designs.
Simultaneous development of pre-design and design (design estimates) documentation is allowed for the objects of the international specialized exhibition in the territory of the Republic of Kazakhstan.
1-1. In the case of construction (expansion, modernization, technical re-equipment, reconstruction, restoration, capital repairs) of facilities and their complexes without design (design and estimate) documentation or according to design (design and estimate) documentation that has not been duly examined, construction and installation work is suspended in accordance with the Code of the Republic of Kazakhstan on Administrative offenses.
The resumption of construction and installation works is carried out only if there is an appropriate design (design estimate) documentation that has been duly examined.
2. Without design (design estimates) documentation on sketches (draft designs), the customer (owner), in coordination with local executive bodies of cities of republican significance, the capital, districts (cities of regional significance), may carry out:
1) construction of individual residential buildings not higher than two floors;
2) construction of household buildings on the territory of individual household plots, as well as on the plots of gardening and horticultural associations (societies);
3) construction of on-site communication lines;
4) landscaping on household and suburban areas that does not require changing existing engineering networks;
4-1) construction of a fish pond with an area of a water mirror of one pond not exceeding 0.15 hectares; construction of fish breeding facilities in water protection strips; installation of other facilities (mobile complexes of container, block and modular design, structures built from collapsible structures) for aquaculture;
5) construction of mobile complexes of container, block and modular design, as well as single-storey buildings (structures) for trade, catering and consumer services enterprises, erected from collapsible structures;
6) in case of an emergency and (or) emergency situations, restoration work, construction of prefabricated buildings and structures of no more than two floors, which are technically not difficult;
7) construction of buildings or structures for temporary, seasonal or auxiliary purposes (warehouses and storages (with a span of up to 6 meters, a height of up to 7 meters and an area of up to 2000 square meters inclusive) requiring special conditions for storing goods and materials) that are not dangerous due to fire, explosion, gas, chemically aggressive, poisonous and toxic substances, greenhouses, greenhouses, pavilions, communication facilities, lighting, fencing and similar structures;
8) construction of temporary residential and (or) household buildings for seasonal work and animal husbandry;
9) construction of open-type parking lots for no more than fifty vehicles, as well as garages with boxes for no more than two vehicles;
10) major repairs of linear engineering networks and structures on them, which do not require changing their position, marking the depth (height) of laying, pipe diameter;
11) construction of small architectural forms and fencing of territories;
12) construction of outdoor sports grounds, sidewalks, paving around buildings (structures);
13) repair and replacement of technological or engineering equipment units for which the technological resource has been exhausted and which do not require reconstruction or redesign of the enterprise (workshop);
14) protection of engineering networks from electrocorrosion;
15) construction of detached single-storey buildings (structures) to accommodate individual business facilities with a total area of up to 20 square meters;
16) reconstruction of individual residential buildings not higher than two floors, which does not require the allocation of an additional land plot (pruning of the territory), not exceeding two floors after reconstruction;
17) redevelopment (re-equipment) of non-industrial premises, carried out (carried out) in existing buildings and not requiring (not requiring) changes in load-bearing structures;
18) construction of power supply networks with an installed capacity of up to 200 kW for business entities;
19) construction and installation of an automatic security and fire alarm system inside administrative and industrial buildings;
20) construction of water supply and sanitation networks for residential buildings of the manor type;
21) construction of on-site networks and installation of in-house domestic gas supply systems for individual residential buildings.
During the reconstruction (redevelopment, re-equipment) of residential and non-residential premises in residential buildings (residential buildings), which does not require the allocation of additional land (cutting of the territory), is not associated with any changes in load-bearing structures and enclosing (external) engineering systems and communications, does not impair architectural and aesthetic, fire, explosion and sanitary quality that does not have a harmful effect on the environment during operation, coordination of draft designs with local executive bodies of cities of republican significance, the capital, districts (cities of regional significance) are not required.
3. Excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 366-V (effective ten calendar days after the date of its first official publication).
4. The procedure for the development, mandatory composition and content of pre-design and design (design estimates) documentation are established by state regulations approved by the authorized body for architecture, urban planning and construction.
4-1. Construction, expansion, reconstruction, modernization, conservation and postutilization of transport infrastructure facilities specified in paragraph 5 of Article 23-1 of the Law of the Republic of Kazakhstan "On Transport in the Republic of Kazakhstan" are carried out according to the design assignment and project documentation agreed with the Ministry of Defense of the Republic of Kazakhstan.
5. The procedure for approval, as well as amendments to the approved pre-design and design (design estimates) documentation is determined by this Law and other regulatory legal acts of the Republic of Kazakhstan.
6. The rules and procedure for conducting contract work in the implementation of design (design and estimate) documentation are established in accordance with the Civil Code of the Republic of Kazakhstan.
7. The design (estimate) documentation, for which construction has not been started within three or more years after its approval in accordance with the procedure established by the legislation of the Republic of Kazakhstan, is considered outdated and is used for implementation after adjustment, re-examination and re-approval in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
The pre-project documentation, for which the design and estimate documentation has not been developed and approved within three or more years after its approval in accordance with the procedure established by the legislation of the Republic of Kazakhstan, is considered outdated and is used for implementation after adjustment, re-examination and re-approval in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
7-1. The project organization that developed it is involved in the adjustment of the design (design and estimate) documentation.
If it is impossible to involve the author of the design (design and estimate) documentation, the project organization is determined according to the procedures established by the legislation of the Republic of Kazakhstan.
7-2. If, by the decision of the customer, there is a justified need to adjust the design (design estimates) documentation approved in accordance with the legislation of the Republic of Kazakhstan, then adjustment of the pre-design documentation (if any) is not required.
8. The inclusion of pre-design and design (design estimates) documentation in the national archival fund, guarantees of ownership rights to these documents, as well as rights of use and restrictions on their use are established in accordance with the legislation of the Republic of Kazakhstan.
9. Pre-design and (or) design (estimate) documentation executed by foreign legal entities or individual specialists for the development of territories and (or) construction on the territory of the Republic of Kazakhstan, with the exception of pre-design and (or) design (estimate) documentation on the objects of the international specialized exhibition in the territory of the Republic of Kazakhstan, as well as special economic zones, special industrial zones, should be developed on the terms and stages of pre-design and design work, in the composition and scope of the design (design and estimate) documentation., which are established by this Law, state regulations and the design assignment, as well as in compliance with the mandatory requirements established by state regulations, including fire and industrial safety requirements, unless otherwise provided by an international treaty ratified by the Republic of Kazakhstan.
Deviations from this rule are allowed.:
1) upon the decision of the customer (investor), when the customer (investor) fulfills the following mandatory conditions in aggregate:
compliance with fire and explosion safety standards, structural reliability, stability of the facility and labor protection, established by the legislation of the Republic of Kazakhstan and state regulatory documents, which must be confirmed by a comprehensive non–departmental examination of projects.;
providing suppliers of goods (works and services) with the information necessary for them in accordance with the legislation of the Republic of Kazakhstan and state regulatory documents;
2) during the design, construction, reconstruction, technical re-equipment, and expansion of facilities included in the unified industrialization map.
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
© 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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