On approval of the Rules and grounds for recognizing a construction site as an emergency and subject to demolition or reconstruction
Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated June 16, 2026 No. 310. Registered with the Ministry of Justice of the Republic of Kazakhstan on June 29, 2026 No. 39132
In accordance with Article 139 of the Building Code of the Republic of Kazakhstan, I ORDER:
1. To approve the Rules and grounds for recognizing a construction site as an emergency and subject to demolition or reconstruction.
2. The Committee on Construction and Housing and Communal Services of the Ministry of Industry and Construction of the Republic of Kazakhstan, in accordance with the procedure established by law, shall ensure:
1) the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) posting of this order on the Internet resource of the Ministry of Industry and Construction of the Republic of Kazakhstan after its official publication.
3. Control over the execution of this order is entrusted to the supervising Vice Minister of Industry and Construction of the Republic of Kazakhstan.
4. This order will enter into force on July 1, 2026 and is subject to official publication.
Minister of Industry and Construction of the Republic of Kazakhstan
E. Nagaspayev
"APPROVED" by the Ministry of National Economy of the Republic of Kazakhstan
Approved by the Order of the Ministry of Industry and Construction of the Republic of Kazakhstan on June 16, 2026 No. 310
On approval of the Rules and grounds for recognizing a construction site as an emergency and subject to demolition or reconstruction
Chapter 1. General provisions
1. In accordance with Article 139 of the Construction Code of the Republic of Kazakhstan (hereinafter referred to as the Code), the following procedure is established, including the grounds, procedures and deadlines for recognizing a construction facility as an emergency and subject to demolition or reconstruction:
1) the procedure for the adoption by an authorized state body and (or) a local executive body of a decision on the establishment of an interdepartmental commission for the purpose of assessing the actual condition of a construction facility and (or) the territory on which such a construction facility is located, the procedure for forming the said commission, the procedure for holding its meetings and the procedure for making its decisions;
2) the procedure for conducting an inspection of a construction site and (or) the territory on which such a construction site is located, the procedure for assessing the actual condition of such construction sites and (or) the territory;
3) the procedure for notifying the owner of a construction facility, the owners of premises therein (apartments and (or) non-residential premises), the person owning the construction facility, premises therein (apartment and (or) non-residential premises) on another legal basis, on consideration of the issue of recognizing such a construction facility as an emergency and subject to demolition or reconstruction;
4) the procedure and deadlines for making a decision on recognizing a construction site as an emergency and subject to demolition or reconstruction.
2. In this order, the concepts defined by the Building Code and state regulatory documents are used.:
1) emergency construction facility – the condition of a construction facility in which its further operation must be stopped immediately due to the inability to ensure the safe stay of people in it.;
2) technical inspection of the reliability and stability of buildings and structures is a type of expert work that determines the actual condition of buildings and structures and their elements, reliability and stability, the possibility of further operation, obtaining a quantitative assessment of the actual quality indicators of structures, taking into account changes occurring over time, to establish the composition and scope of major repairs, modernization or reconstruction of a construction site, as well as changes in its intended purpose;
3) project documentation – a set of text and graphic documents created during the design process, which includes:
landscaping and landscaping projects. Landscaping and landscaping projects can be part of a construction project.;
urban planning projects are projects containing solutions for integrated urban planning of the organization, development and development of territories and settlements or their parts (general scheme of organization of the territory of the Republic of Kazakhstan, interregional schemes of territorial development, integrated schemes of urban planning of territories, general plans of settlements (schemes of development and development of settlements), detailed planning projects);
construction project – design and estimate documentation containing the relevant requirements of this Code, as well as estimates for the organization and management of construction, engineering preparation of the territory, landscaping. Construction projects also include projects for the conservation and postutilization of construction sites.;
An architectural project is a project for the construction of a building object (monument), in the design of which the participation of an architect is required.;
4) conservation – a set of measures to ensure the safety and quality characteristics of structures, materials and equipment of an object under construction for the period of temporary suspension of its construction;
5) Construction activity (construction) – activities related to the creation of fixed assets for industrial and non-industrial purposes through the construction of new and (or) modification (expansion, modernization, technical re-equipment, reconstruction, restoration, capital repairs) of construction facilities (their complexes, communications), installation (dismantling), related technological and engineering equipment, manufacture (production) of building materials, products and structures, as well as carrying out works on the conservation of objects of unfinished construction and the postutilization of construction sites that have reached their end of life;
6) postutilization of a construction object – a complex of works on dismantling and demolition of a construction object after the termination of its operation (use, application) with simultaneous restoration and reuse of regenerated elements (structures, materials, equipment), as well as recycling of non-regenerated elements and waste;
7) restoration is a set of measures that ensure the preservation and disclosure of the historical, architectural and artistic appearance of historical and cultural monuments based on scientifically sound data.
Chapter 2. The procedure and grounds for recognizing a construction site as an emergency and subject to demolition or reconstruction.
Paragraph 1. The procedure for the adoption by an authorized state body and (or) a local executive body of a decision on the establishment of an interdepartmental commission for the purpose of assessing the actual condition of a construction facility and (or) the territory on which such a construction facility is located, the procedure for forming the said commission, the procedure for holding its meetings and the procedure for making its decisions
3. To assess the actual condition of the construction site and (or) the territory on which such a construction site is located, the authorized state body and (or) the local executive body decides to establish an interdepartmental commission.
4. The decision to establish an interdepartmental commission is made on the basis of:
1) appeals from the owner of the construction site, the owners of the premises in it, or a person who owns the construction site or premises in it on another legal basis;
2) receiving information from government agencies about the existence of a threat to the life and (or) health of citizens;
3) the results of a technical inspection of the reliability and stability of buildings and structures, monitoring, inspections, inspections;
4) occurrence of natural and (or) man-made emergencies;
5) other circumstances indicating a possible loss of operational suitability by the construction site.
5. The decision to establish an interdepartmental commission is formalized by an administrative act of the authorized state body and (or) the local executive body, which specifies the basis for the creation of the commission, its personal composition, the chairman of the commission, the timing of the assessment of the actual condition of the construction site and (or) the territory, as well as the deadline for the preparation of the commission's conclusion.
6. The interdepartmental commission is formed from representatives of the authorized body for architecture, urban planning and construction, the local executive body, as well as, if necessary, representatives of authorized bodies in the field of civil protection, sanitary and epidemiological welfare of the population and other state bodies within their competence.
7. The interdepartmental commission may include representatives of expert and specialized organizations accredited to carry out expert work on the technical inspection of reliability and stability of buildings and structures, as well as other specialists. These persons participate in the work of the commission without the right to make decisions.
8. The Chairman of the interdepartmental commission organizes its activities, determines the date, time and place of meetings, ensures the preparation of materials for meetings, signs the minutes of meetings and the conclusion of the commission.
9. Meetings of the interdepartmental commission are held as necessary, but not later than the time limits set in the decision on its creation. A meeting of the interdepartmental commission is considered competent with the participation of at least two thirds of the total number of commission members.
10. The Interdepartmental Commission reviews the results of the survey of the construction site and (or) the territory, expert opinions, and other materials necessary to assess the actual condition of the construction site, listens to representatives of interested parties, and, if necessary, inspects the construction site and (or) the territory.
11. The decisions of the interdepartmental commission are made by open voting by a simple majority of the votes of the commission members present. If the votes are equal, the vote of the chairman of the commission is decisive.
12. The course of the meeting of the interdepartmental commission and the decisions taken are formalized by the minutes of the meeting, which are signed by the chairman and members of the commission who attended the meeting.
13. Based on the results of the review of the materials and the assessment, the interdepartmental commission draws up an opinion on the actual condition of the construction site and (or) the territory, containing conclusions and recommendations on the possibility of further operation of the construction site or on its recognition as an emergency and subject to demolition or reconstruction.
14. The conclusion of the interdepartmental commission is advisory in nature and is the basis for the adoption by the authorized state body and (or) local executive body of a decision in accordance with this Procedure.
Paragraph 2. The procedure for conducting an inspection of a construction site and (or) the territory on which such a construction site is located, the procedure for assessing the actual condition of such construction sites and (or) the territory
15. An inspection of a construction site and (or) the territory on which such a construction site is located is carried out in order to determine its actual technical condition, level of physical wear, reliability, stability and safety for human life and health.
16. An inspection of a construction site is carried out in cases stipulated by the Construction Code of the Republic of Kazakhstan, as well as in the presence of circumstances indicating a possible loss of operational suitability by the construction site, including:
-detection of defects and damage to load-bearing structures and joints that pose a threat of destruction;
- consequences of fires, accidents and emergencies of a natural and (or) man-made nature;
-expiration of the standard operating life of the construction site;
-the need to determine the possibility of further operation, reconstruction, or the economic feasibility of major repairs;
-conservation or suspension of construction of an unfinished construction facility for a period of more than six months;
-changes in the design scheme, functional purpose or operating conditions of the construction site;
-other cases established by state regulatory documents in the field of construction.
17. An inspection of a construction site is carried out on the basis of a decision of an interdepartmental commission with the involvement of an expert with an appropriate certificate or a specialized organization licensed to conduct an inspection of the reliability and stability of buildings and structures.
18. The inspection of the construction site is carried out in accordance with the requirements of the Construction Code of the Republic of Kazakhstan, this Procedure, as well as state regulatory documents.
19. The survey of the construction site includes:
1) preliminary examination with visual inspection to identify emergency areas, defects and damages;
2) detailed instrumental examination using calculations, measurements and other assessment methods;
3) analysis of design, executive and operational documentation (if available);
4) if necessary, carrying out monitoring, laboratory tests and other types of work provided for by state regulatory documents.
20. The assessment of the actual condition of the construction site is based on a comparison of the actual indicators of the condition of structures, engineering systems and the soil base with the requirements of the design documentation and regulatory documents and is carried out according to the categories of technical condition established by state regulatory documents. As part of the assessment of the actual condition of the construction site, the category of its technical condition is determined, including:
- serviceable condition;
- working condition;
- condition of limited damage;
- the condition of significant damage;
- the condition is on the verge of collapse.
21. When a construction object is classified as significantly damaged or on the verge of collapse, the operation of such an object is not allowed. In these cases, the interdepartmental commission takes into account the results of the survey when preparing an opinion on the recognition of a construction site as an emergency.
22. The assessment of the actual condition of the construction site is carried out taking into account:
-the degree of physical wear of structures and engineering systems;
-bearing capacity and stability of structures;
-actual loads and impacts, including climatic and seismic;
-the condition of the soil base;
-the ability to ensure safe operation when carrying out reinforcement and reconstruction measures.
23. Based on the results of the survey, a technical conclusion is drawn up containing conclusions about the actual condition of the construction site, the permissibility of its further operation, the need for reconstruction or the impossibility of restoring operational suitability.
24. The technical conclusion of the survey is subject to review by an interdepartmental commission and is used as the basis for preparing the commission's conclusion and making a decision by an authorized state body and (or) a local executive body in accordance with this Procedure.
Paragraph 3. Procedure for notifying the owner of a construction facility, the owners of premises therein (apartments and (or) non-residential premises), the person who owns the construction facility, premises therein (apartment and (or) non-residential premises) on another legal basis, on consideration of the issue of recognizing such a construction facility as an emergency and subject to demolition or reconstruction
25. Notification of consideration of the issue of recognizing a construction site as an emergency and subject to demolition or reconstruction is carried out by an authorized state body or a local executive body after the formation of an interdepartmental commission and the appointment of a date for its meeting.
26. The notification is sent to the owner of the construction site, the owners of the premises in it (apartments and (or) non-residential premises), persons who own the construction site or premises in it on another legal basis, as well as other interested persons, information about which is available in official registers.
27. The notification contains:
name of the authorized body or local executive body;
information about the construction site (address, cadastral number);
date, time and place of the meeting of the interdepartmental commission;
The purpose of the meeting is to consider the issue of the actual condition and the possibility of further operation, reconstruction or demolition of the construction site.;
warning about responsibility for non-attendance and the consequences of the decision;
terms and methods of obtaining additional information.
28. The notification is sent at least ten calendar days before the date of the meeting of the interdepartmental commission. The notification period is set by the authorized body, taking into account the principle of sufficient time for the preparation and submission of comments and documents by interested parties, but may not be less than five calendar days. Similar minimum notification periods are provided for by housing legislation when holding meetings of owners of condominium facilities.
29. Notification is carried out in one of the following ways:
signed delivery;
sending by mail with delivery notification;
referral in the form of an electronic document through official state information systems;
publication on the official Internet resource of the authorized body or local executive body, indicating the possibility of receiving an electronic notification.
30. If it is impossible to establish the location of the owner of the construction site or another interested person, as well as the impossibility of delivering a notification for valid reasons, information about the meeting of the interdepartmental commission is posted on the official Internet resource of the authorized state body or local executive body, as well as at the construction site.
31. The fact of sending the notification is recorded by the authorized body or the local executive body and is the basis for continuing the procedure for recognizing the construction site as an emergency and subject to demolition or reconstruction.
Chapter 3. Procedure and time limits for making a decision on recognizing a construction site as an emergency and subject to demolition or reconstruction
32. A decision on recognizing a construction site as an emergency and subject to demolition or reconstruction is made by an authorized state body or a local executive body on the basis of:
1) an act of inspection of a construction site conducted by a local executive body in accordance with paragraph 12 of Article 136 of the Construction Code of the Republic of Kazakhstan;
2) technical report on the results of the survey;
3) conclusions of the interdepartmental commission;
4) materials submitted by the owner of the construction site, government agencies and other interested parties.
33. If violations of the requirements of the legislation of the Republic of Kazakhstan for the operation of the construction facility are identified by the results of the inspection of the construction facility, the local executive body sends recommendations to the person responsible for the operation of the construction facility on measures to eliminate the identified violations, indicating the time for their elimination.
34. The issue of recognizing a construction site as an emergency and subject to demolition or reconstruction is considered by an interdepartmental commission in cases where:
1) according to the results of the inspection, signs of an emergency condition of the construction site or the threat of its destruction have been established.;
2) the revealed violations pose a threat to the life and health of citizens;
3) the measures taken to eliminate violations did not ensure the safe operation of the construction site;
4) there are other circumstances indicating that the construction site has lost its operational suitability.
35. The decision to recognize a construction site as an emergency and subject to demolition or reconstruction is an administrative act and is made in writing with a reasoned justification.
36. The decision specifies:
1) the name of the authorized state body or local executive body;
2) information about the construction site;
3) conclusion about the actual condition of the object;
4) an indication of the chosen type of legal regulation (demolition or reconstruction);
5) established deadlines and stages for the implementation of relevant activities;
6) obligations of the owner or the legal owner for the implementation of the decision;
7) the procedure and time limits for appealing a decision.
37. The decision on recognizing a construction site as an emergency and subject to demolition or reconstruction is made by an authorized state body or a local executive body based on the results of consideration of the materials of the interdepartmental commission.
38. The adopted administrative act on recognizing a construction site as an emergency and subject to demolition or reconstruction is sent to the owner and the persons notified in accordance with Chapter 4 of this Procedure in writing in one of the following ways:
1) delivery under signature;
2) sending by post with delivery notification;
3) sending in the form of an electronic document through official state information systems;
4) posting on the official Internet resource of the authorized body or local executive body.
39. An administrative act recognizing a construction site as an emergency and subject to demolition or reconstruction shall enter into force from the moment of its official publication on the Internet resource of the authorized body or local executive body or from the moment of delivery to the addressee, unless another term is specified in the act itself.
40. An appeal against the decision to declare a construction site to be in disrepair and subject to demolition or reconstruction is carried out in accordance with the procedure established by the legislation of the Republic of Kazakhstan on administrative procedures and administrative proceedings.
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