Article 73. General requirements for the procedure of acceptance and commissioning of facilities Chapter 11. Acceptance of construction projects into operation of the Law on Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan
1. Acceptance of constructed facilities is regulated by the Civil Code of the Republic of Kazakhstan and this Law.
2. Acceptance and commissioning of the constructed facility are carried out by the customer when it is fully ready in accordance with the approved project and there is a declaration of conformity, conclusions on the quality of construction and installation work, compliance of the work performed with the approved project and compliance of the facility with fire safety requirements.
At the same time, the complete readiness of the constructed facility is determined in accordance with the rules for the organization of construction and the passage of licensing procedures in the field of construction.
In certain cases provided for in Article 74 of this Law, the commissioning of a constructed facility is carried out by the owner (customer, investor, developer) independently.
2-1. The commissioning of completed road works for the construction of fiber-optic communication lines is carried out by the customer for the construction of fiber-optic communication lines along highways when they are fully ready and is carried out in accordance with the legislation of the Republic of Kazakhstan.
3. During the acceptance and commissioning of unfinished construction projects, construction participants bear the responsibility established by the laws of the Republic of Kazakhstan.
4. The acceptance of the constructed facility into operation is executed by an act. The acceptance certificate of the constructed facility is subject to approval.
The acceptance certificate is approved by the customer. The date of signing the acceptance certificate of the facility is considered to be the date of its approval and the date of commissioning of the facility.
5. The act of acceptance of the constructed facility into operation is signed by the customer, the contractor (general contractor), the persons carrying out technical and design supervision, on the basis of the declaration of conformity and conclusions on the conformity of the completed works to the project and the quality of construction and installation work.
In case of acceptance of the facility into operation with violations and construction defects, the participants in the acceptance of the facility into operation are responsible in accordance with the laws of the Republic of Kazakhstan.
6. The responsibilities of the participants in the commissioning of the facility include:
1) establishment and documentary confirmation of the readiness of the completed facility;
2) assessment of compliance of the completed construction and installation works and the installed technological, engineering or other equipment with the design (design and estimate) documentation approved in accordance with the established procedure, regulatory requirements (conditions, restrictions);
3) establishing the actions of the contractor for compliance with the regulatory requirements of the approved project or for the presence of deviations and coordinating them in accordance with the procedure established by state regulations;
4) establishment of compliance of the commissioned capacity (capacity, throughput) of the facility with the indicators approved in the project;
5) assessment of the progressiveness of architectural, construction, engineering and technological solutions, as well as the object as a whole;
6) conducting control testing and testing of installed technological equipment and engineering systems;
7) in case of unsuitability of the facility for operation, submission to the customer of an appropriate reasoned conclusion.
6-1. The act of acceptance of the facility into operation is signed after the final inspection of the facility and compliance with the requirements established by this chapter.
7. The operation of the constructed facility without an approved certificate of acceptance of the facility is not allowed. It is allowed to operate industrial (production) facilities on the territory of special economic zones during commissioning. The products produced during commissioning that meet the requirements of standardization and safety are sold after the approval of the acceptance certificate of the facility.
8. 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 in the State Corporation "Government for Citizens" is the approved act of acceptance of the facility into operation.
The footnote. Article 73 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (effective from 01.01.2016); as amended by the Laws of the Republic of Kazakhstan dated 07.04.2016 No. 487-V (effective from the date of signing); dated 27.02.2017 No. 49-VI (effective two months after the date of its first official dated 05/24/2018 No. 156-VI (effective after ten calendar days after the date of its first official publication); dated 04/03/2019 No. 243-VI (effective after ten calendar days after the date of its first official publication); dated 05/21/2024 No. 86-VIII (effective sixty calendar days 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.
© 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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