Article 64-1. Expertise of projects in the field of construction and urban planning of territories of the Law on Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan
1. Comprehensive non-departmental expertise of projects in the field of construction of facilities is carried out by expert organizations and is carried out by experts certified in accordance with the relevant sections (parts) of feasibility studies or design estimates.
Comprehensive urban planning expertise of projects in the field of urban planning of territories is carried out by a state expert organization in accordance with the rules for conducting comprehensive urban planning expertise of urban projects at all levels.
Positive expert opinions are the basis for the approval of the reviewed projects.
1-1. In civil cases, criminal cases, as well as cases of administrative offenses, a judicial examination may be conducted in accordance with the procedure established, respectively, by the Civil Procedure Code of the Republic of Kazakhstan, the Criminal Procedure Code of the Republic of Kazakhstan or the Code of the Republic of Kazakhstan on Administrative Offenses in relation to the conclusion of a comprehensive non-departmental examination of projects in the field of construction of facilities.
2. Mandatory expertise is subject to:
1) urban planning projects of all levels;
2) feasibility studies and design estimates intended for the construction of buildings and structures, their complexes, engineering and transport communications, financed from budgetary funds or with their participation, as well as those erected without the participation of budgetary funds, but providing for a legally established share of state ownership in the volume of products or services provided services, as well as funds from non-governmental loans under a state guarantee or state guarantee;
3) design and estimate documentation intended for the construction of facilities financed without the participation of budgetary funds or other forms of public investment, with the exception of projects for the construction of technically simple facilities listed in paragraph 2 of Article 60 of this Law.
2-1. Excluded by the Law of the Republic of Kazakhstan dated 04/05/2023 No. 221-VII (effective nine months after the date of its first official publication). 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. Technically non-complex objects specified in paragraph 2 of Article 60 of this Law are not subject to mandatory expertise.
5. When re-applying approved individual construction projects, as well as linking existing standard projects intended for mass construction, for which positive industry and complex non-departmental expert opinions were previously issued, repeated industry expert opinions are not conducted, but in terms of linking these projects to a specific area and conditions, they undergo a comprehensive non-departmental expert examination.
6. Approval and further implementation of construction projects (feasibility studies or design estimates) subject to mandatory comprehensive non-departmental expertise is not allowed without its positive conclusion.
7. The customer of construction projects (feasibility studies or design estimates) is also the customer of expert work on this project. In cases stipulated by the legislation of the Republic of Kazakhstan on public procurement, the customer's responsibilities include organizing and holding separate tenders for the development and examination of construction projects. Separate competitions are held within the time limits that exclude interruptions between the production of the project and its submission to the expert organization, determined by that time by the winner based on the results of the competition.
8. The customer of projects that are subject to comprehensive non-departmental expertise, but are not related to the state monopoly and are not the subject of public procurement, has the right, at his discretion, to choose any accredited expert organization for the examination.
9. Customers are required to submit for a comprehensive non-departmental examination a complete set of documents provided for by state regulations. The customer is responsible for the accuracy of the documents submitted for the examination.
10. Expert organizations create expert commissions (expert groups), and also attract specialists (specialized institutes and organizations), including foreign experts who have documents for the right to engage in expert activity issued by the relevant body of a foreign state.
It is not allowed to include experts in expert commissions (expert groups), as well as to involve specialists who were directly or indirectly involved in the preparation and (or) development of the projects under consideration or who are representatives of the design organizations that developed them.
11. Customers and designers, as well as experts or expert organizations, in cases of violation by one of the parties of the procedure for conducting or summarizing the results of a comprehensive non-departmental examination of projects, have the right to apply to the authorized body for architecture, urban planning and construction with the justification for this request.
In case of disagreement with the results of a comprehensive non-departmental examination, the customer may appeal the expert opinion in accordance with the procedure established by the laws of the Republic of Kazakhstan, unless otherwise provided for in paragraph 11-1 of this Article.
11-1. If a state expert organization issues a negative expert opinion based on the results of a comprehensive non-departmental expert examination of construction projects, the issued negative expert opinion is sent for consideration to the appeals commission.
The appeals Commission is established on an ongoing basis at the authorized body for architecture, urban planning and construction to consider negative expert opinions based on the results of a comprehensive non-departmental examination of projects for the construction of facilities by a state expert organization.
The composition and regulations of the appeals commission are approved by the authorized body for architecture, urban planning and construction. The appeal commission must include experts from expert organizations, the National Chamber of Entrepreneurs, and public associations. The Appeal Commission is headed by the Deputy head of the authorized body for Architecture, Urban Planning and Construction.
Based on the results of consideration of the negative expert opinion of the state expert organization, the appeals commission makes one of the following decisions::
1) leave the negative expert opinion unchanged;
2) cancel the negative expert opinion in whole or in part.
Upon completion of consideration of the negative expert opinion of the state expert organization, the authorized body for architecture, urban planning and construction issues a reasoned decision, taking into account the decision of the appeal commission.
12. An expert examination is also carried out if the customer identifies the need to make changes to the design (design estimates) documentation related to a poorly designed and previously approved project and (or) unjustified deviations from the approved project identified during construction.
In this case, the customer sends the relevant information to the authorized body for architecture, urban planning and construction.
13. For individual construction projects requiring special regulation and (or) urban planning regulations, a comprehensive non-departmental expertise is carried out in accordance with individual plans for the phased development and approval of design estimates for the construction of individual facilities requiring special regulation and (or) urban planning regulations.
The procedure for developing and approving individual plans for the phased development and approval of design estimates for the construction of individual facilities requiring special regulation and (or) urban planning regulations is governed by the rules for conducting a comprehensive non-departmental examination of feasibility studies and design estimates intended for the construction of new ones, 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 the sources of financing.
14. Customers are required to submit a complete set of documents for conducting a comprehensive urban planning examination in accordance with the rules for conducting a comprehensive urban planning examination of urban projects at all levels. The customer is responsible for the accuracy of the documents submitted for the examination.
The customers of the comprehensive urban planning expertise are:
the authorized body for Architecture, Urban Planning and Construction – for projects of national importance;
local executive bodies – for projects of regional importance and projects for the development and development of settlements.
The customer of urban planning projects is also the customer of expert work on this project.
The footnote. Article 64-1 as amended by the Laws 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); dated 07.04.2016 No. 487-V (effective from the date of signing); dated 24.05.2018 No. 156-VI (effective after ten calendar days days after the date of its first official publication); dated 12/26/2018 No. 202-VI (effective from 01.01.2019); dated 04/19/2019 No. 249-VI (effective ten calendar days after the date of its first official publication); dated 06/29/2020 No. 352-VI (effective after ten calendar days after the date of its first official publication); dated 06/29/2020 No. 351-VI (effective from 07/01/2021); dated 04/05/2023 No. 221-VII (effective nine months 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
© 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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