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On approval of the Rules for the implementation of turnkey Construction Projects

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On approval of the Rules for the implementation of turnkey Construction Projects

Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated May 15, 2026 No. 235. Registered with the Ministry of Justice of the Republic of Kazakhstan on May 18, 2026 No. 38738

In accordance with subparagraph 34) of Article 24 of the Building Code of the Republic of Kazakhstan, I ORDER:

     1. To approve the attached Rules for the implementation of turnkey construction projects.

     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 Defense 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 Finance of the Republic of Kazakhstan

 

 

 

 

     "APPROVED" by the Ministry of National Economy of the Republic of Kazakhstan

 

 

Approved by the Order of the Minister of Industry and Construction of the Republic of Kazakhstan on May 15, 2026 No. 235

 

Rules for the implementation of turnkey construction projects

Chapter 1. General provisions

     1. These Rules for the Implementation of Turnkey Construction Projects (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 34) of Article 24 of the Construction Code of the Republic of Kazakhstan and determine the procedure for the implementation of turnkey construction projects.

     2. The following concepts are used in these Rules:

     1) 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.;

     2) contractor (general contractor) - individuals and (or) legal entities (including joint ventures) licensed to carry out certain types of activities in the field of architecture, urban planning and construction;

     3) the customer is an individual or a legal entity operating in accordance with the legislation of the Republic of Kazakhstan. Depending on the objectives of the activity, the customer may be the investor of the project (program), the customer (owner) or their authorized persons.;

     4) turnkey construction – complex works on the construction of a construction facility and its commissioning, including the performance of design, survey, construction and installation (expansion, modernization, technical re-equipment, reconstruction, restoration, major repairs) and other works, as well as related works, the supply of goods, services, except for with the exception of conducting a comprehensive non-departmental expertise of construction projects and technical supervision services;

     5) the estimated cost of turnkey construction is the cost of implementing a construction project, determined at the pre–design stage for conducting competitive procedures and concluding turnkey construction contracts in accordance with the legislation of the Republic of Kazakhstan. The estimated cost of turnkey construction is determined using aggregated indicators of the cost of construction of buildings and structures per unit of measurement of the capacity of facilities, the length of the linear structure and other technical characteristics that take into account the functional purpose of the building, structure. If necessary, aggregated cost indicators for structural elements of buildings (structures) and types (complexes) of work are used (including aggregated cost indicators based on design estimates for analog facilities).

Chapter 2. The procedure for the implementation of turnkey construction projects

     3. Turnkey construction is used in the implementation of projects for the construction of facilities of the first and second levels of responsibility.

     4. If the turnkey construction project provides for the conduct of survey work and the development of urban planning documentation, such work is carried out by the contractor independently or with the involvement of third parties.

     5. The cost of the work is determined based on the estimated cost of turnkey construction.

     Payment for turnkey construction works is made in accordance with the project documentation.

     At the same time, it is not allowed to increase the cost of construction, determined by the estimated cost of turnkey construction.

     6. The interaction of the customer and the contractor, their responsibilities and risks within the framework of the implementation of turnkey construction are established by the contract.

     The main terms of the turnkey construction agreement include:

     obligations of the customer and contractor;

     completion dates;

     cost;

     risks and responsibilities;

     Quality control and safety;

     amendments and additions to the contract;

     documentation and reporting;

     testing and delivery of the facility;

     dispute resolution;

     force majeure;

     guarantees.

     7. When carrying out turnkey construction work, the customer engages, on a contractual basis, a person providing engineering services for technical supervision.

     The involvement of the project manager or technical customer in the turnkey construction works is carried out in accordance with Articles 59 and 121 of the Building Code of the Republic of Kazakhstan.

 

 

 

   

 

 

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