Article 68. Basic requirements for the construction process of the Law on Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan

Home / RLA / Article 68. Basic requirements for the construction process of the Law on Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan

 1. At the appropriate stages of the construction process, the procedures must be followed and the requirements set out in this article must be met.

2. The customer who intends to carry out the construction of the facility is obliged, in accordance with the land legislation of the Republic of Kazakhstan, to obtain from the local executive bodies of districts (cities) a decision on granting the appropriate right to land. If the customer has the appropriate right to land and a functional area in accordance with the approved detailed planning project for the construction of the facility, an additional decision from the local executive authorities of the districts (cities) is not required.

Construction and installation works at the facility are allowed only on lands that have been granted the appropriate right of land use or private ownership in accordance with the legislation of the Republic of Kazakhstan.

The construction of communication facilities for cellular or satellite communications equipment, including locations for cellular or satellite communications equipment, is permitted if there is a lease agreement for the land and (or) part of it with the owner of the land, regardless of the purpose of the land.

The design, construction and maintenance of engineering infrastructure (roads, bridges, power transmission lines and other communications) to tourism facilities located in specially protected natural territories of national and local significance, as well as to tourism facilities and tourist accommodation that are located outside populated areas are allowed., taking into account the migration routes of animals without granting land use rights or private property rights on the basis of an agreement on the provision of long-term use of specially protected natural areas for the design, construction and maintenance of engineering infrastructure for tourism facilities concluded with an environmental organization.

An agreement on the provision of long-term use of specially protected natural areas for the design, construction and maintenance of engineering infrastructure (roads, bridges, power lines and other communications) to tourism facilities is concluded on the basis of a model agreement approved by the Government of the Republic of Kazakhstan.

The agreement on the provision of long-term use of specially protected natural areas for the design, construction and maintenance of engineering infrastructure (roads, bridges, power lines and other communications) for tourism facilities specifies the name of the work being carried out, the terms and conditions of their implementation, environmental requirements for environmental protection, measures for the reclamation of disturbed lands and the timing of their implementation. carrying out.

3. Excluded by the Law of the Republic of Kazakhstan dated 29.03.2016 No. 479-V (effective twenty-one calendar days after the date of its first official publication).

4. The validity period of the decision of local executive bodies of districts (cities) on granting the relevant right to land from the date of the decision to the start of construction is established in accordance with the land legislation of the Republic of Kazakhstan, taking into account the regulatory duration of design and approval of the project in accordance with the established procedure and indicated in the permit document.

5. In cases where it is impossible to make a positive decision on granting the relevant right to land, local executive authorities of districts (cities) are required to respond to the applicant (customer) with a reasoned refusal within ten days of the request, indicating the norms (provisions, conditions, restrictions, easements) of the legislation of the Republic of Kazakhstan, which contradict his intention to carry out this construction.

6. The decision of the local executive bodies of districts (cities) to grant the appropriate right to land and the architectural and planning assignment are the grounds for drawing up an assignment by the customer for the design of the planned facility.

The design assignment is drawn up by the customer or his authorized person (developer) and approved by the customer.

The design assignment is an integral part of the contract for the execution of an order for the development of pre-design and (or) design (estimate) documentation.

The design assignment must include the required object parameters and other initial data.

7. Providers of engineering and utility services in the area of proposed construction, at the request of the local executive body of the region, city of republican significance, capital, district, city of regional significance, shall submit, in accordance with the procedure established by the authorized body in the field of architecture, urban planning and construction, technical specifications for connection to sources of engineering and utilities in the requested (estimated) the parameters required for the construction and sustainable operation of the facility subsequently put into operation.

The issued technical specifications may be changed during their validity period by submitting a written request (application, application) by the consumer for new technical specifications.

Projects of external engineering networks and structures developed in accordance with the technical specifications issued by suppliers of engineering and utility services and having passed a comprehensive non-departmental examination are not subject to additional coordination with suppliers of engineering and utility services and structural divisions of local executive bodies performing functions in the field of architecture and urban planning.

8. It is not allowed for suppliers of engineering and utility services to establish unreasonable requirements for the participation (equity participation) of the customer in the expansion (reconstruction, modernization, technical re-equipment) of engineering (utility) infrastructure facilities when issuing technical specifications.

In cases where the existing level of provision of the engineering (communal) infrastructure of a given locality or construction area does not allow providing services in the parameters requested by the customer, questions about the costs associated with the expansion (reconstruction, modernization, technical re-equipment) of infrastructure facilities to cover additional loads of connected subscribers should be resolved between suppliers (manufacturers) and the customer. (by the consumer) on a contractual and refundable basis.

9. Local executive bodies of the capital, cities of republican significance, districts (cities of regional significance), on the basis of a decision on granting the appropriate right to land or the right to land available to the customer, issue to the customer an architectural and planning assignment with specifications for connection to sources of engineering and utilities and an architectural concept for the construction of the facility.

10. The composition and volume of the initial materials required for the issuance of architectural and planning assignments are established by state regulatory documents.

In cases where the construction of a new or reconstruction (redevelopment, re-equipment, modernization, restoration) of an existing facility does not require the allotment (cutting) of a land plot, as well as if for these purposes there is no need to connect to sources of engineering and utilities, an appropriate entry is made in the architectural and planning assignment.

11. The design (design and estimate) documentation developed in accordance with the design assignment, architectural and planning assignment and other source materials is subject to approval, comprehensive non-departmental expertise and approval in accordance with the requirements established by state regulatory documents.

The developed design (design and estimate) documentation for the construction of an object on a water body, the territory of water protection zones and strips is subject to approval in accordance with the procedure established by the water legislation of the Republic of Kazakhstan.

The examination of documentation is carried out in accordance with the requirements established by Chapter 9-1 of this Law.

12. Prior to the start of construction and installation work, the customer is obliged to notify the authorities carrying out state architectural and construction control about the start of construction and installation work in accordance with the procedure established by the Law of the Republic of Kazakhstan "On Permits and Notifications".

If construction and installation works are planned on water bodies, territories of water protection zones and strips, the conditions of work are subject to approval in accordance with the procedure established by the water legislation of the Republic of Kazakhstan.

At the same time, notification by energy transmission organizations of the start of construction and installation work on the technological connection of electric installations with an installed capacity of up to 200 kW to their own networks of business entities is not required.

13. The construction process is accompanied by architectural and construction control and supervision in accordance with the provisions of Chapter 6 of this Law.

14. An object completed by construction is subject to commissioning in accordance with the provisions of Chapter 11 of this Law.

An act of acceptance of a constructed facility into operation approved in accordance with the established procedure is the basis for entering into the information system of the legal cadastre identification and technical information of buildings, structures and (or) their components for newly created immovable property, registration of rights to immovable property.

15. The procedure, deadlines for registration and issuance of documents necessary for the construction of new and modification of existing facilities are established by the rules for the organization of development and passage of licensing procedures in the field of construction.

16. To ensure the safety of aircraft flights, compliance with flight safety requirements, taking into account the possible negative effects of airfield equipment and aircraft flights on human health and the activities of individuals and legal entities, construction on the airfield territory is carried out taking into account the restrictions provided for by the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities.

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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