On the approval of the Rules for the approval of design and estimate documentation intended for the construction of construction facilities at the expense of public investments
Order of the Acting Minister of Industry and Construction of the Republic of Kazakhstan dated April 10, 2026 No. 162. Registered with the Ministry of Justice of the Republic of Kazakhstan on April 13, 2026 No. 38411
In accordance with subparagraph 11) of Article 24 of the Building Code of the Republic of Kazakhstan, I ORDER:
1. Approve:
1) Rules for approving design and estimate documentation intended for the construction of construction facilities at the expense of public investments, in accordance with Appendix 1 to this order;
2) A list of certain orders that have become invalid, in accordance with Appendix 2 to this order.
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.
Acting Minister of Industry and Construction of the Republic of Kazakhstan
R. Isakulov
Appendix 1 to the Order of the Acting Minister of Industry and Construction of the Republic of Kazakhstan on April 10, 2026 No. 162
Rules for the approval of design and estimate documentation intended for the construction of construction facilities at the expense of public investments
Chapter 1. General provisions
1. These Rules for Approving design and Estimate Documentation intended for the construction of construction facilities at the expense of Public Investment (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 11) of Article 24 of the Construction Code of the Republic of Kazakhstan and define the procedure for approving design and estimate documentation intended for the construction of construction facilities at the expense of public investment.
2. The Rules apply when approving design estimates for the construction of new construction facilities, engineering and transport communications, as well as reconstruction (expansion, modernization, technical re-equipment) or major repairs of construction facilities (hereinafter referred to as construction facilities) carried out at the expense of public investments.
3. The following basic concepts are used in these Rules:
1) a subsidiary is a legal entity whose decisions may be determined by another legal entity based on the presence of a predominant share of participation in the authorized capital or an agreement concluded between them, or otherwise;
2) state investments in construction (public investments) – investments in the construction of new construction facilities, engineering and transport communications, as well as reconstruction (expansion, modernization, technical re-equipment) or major repairs of construction facilities, the source of which are:
funds from the national and (or) local budgets, including targeted funds aimed at budget investments and budget lending to quasi-public sector entities;
targeted funds for non-state loans under a state guarantee or state guarantee;
funds of the National Fund of the Republic of Kazakhstan;
funds of quasi-public sector entities, with the exception of organizations and legal entities whose shareholder (participant, trustee) is the National Bank of the Republic of Kazakhstan;
funds of autonomous educational organizations.
Public investments also include funds from the national and (or) local budgets aimed at co-financing and (or) compensating investment costs for public-private partnership projects.;
3) estimated cost of construction – the amount of money required for construction, defined in the design and estimate documentation (if available) on the basis of design materials and estimated regulatory documents;
4) 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.
Chapter 2. The procedure for approving design and estimate documentation intended for the construction of construction facilities at the expense of public investments
4. Design and estimate documentation for construction projects financed by public investments is subject to approval by the first managers of the customer, the investor of the project (program) and the customer (owner) or their authorized officials.
5. If design estimates for construction projects are developed as part of the implementation of budget investments through government participation in the authorized capital of national holdings and the national management holding, providing for the implementation of projects in various sectors of the economy that cannot be attributed to the competence of a single administrator of budget programs, then this documentation is approved by these national holdings and the national manager by a holding company (the first head or a person, authorized by the first head) with the exception of the Samruk-Kazyna National Welfare Fund Joint Stock Company (hereinafter referred to as the Fund).
If the design and estimate documentation for construction is being developed as part of the implementation of budget investments through government participation in the authorized capital of the Fund, then this documentation is subject to approval by a subsidiary of the Fund (the first head or a person authorized by the first head), which is the customer or owns directly or indirectly the shares (shares of participation) of the customer on the right of ownership or trust management.
6. The design and estimate documentation for construction projects, the financing of which is carried out at the expense of non-state loans under a state guarantee or state guarantee, is approved and re-approved by the borrower.
7. The design and estimate documentation for construction projects is approved no later than 15 (fifteen) calendar days after receiving a positive conclusion from a comprehensive non-departmental expert examination of the construction project.
The approval of design estimates for construction projects is carried out with an indication of the approved technical and economic indicators, including the estimated cost of construction.
8. From the moment of approval of the design and estimate documentation, its development is considered completed.
The construction project is implemented in accordance with the design decisions and its indicators approved in accordance with the procedure defined by these Rules.
9. Construction projects being built at the expense of public investments are subject to implementation only after approval of the design and estimate documentation.
10. The design and estimate documentation, for which construction has not been started for three or more years after its approval, is considered outdated and is used for implementation after adjustment, repeated comprehensive non-departmental examination of the construction project and re-approval in accordance with these Rules.
11. Previously approved design and estimate documentation is subject to repeated comprehensive non-departmental expertise and re-approval in the following cases::
1) if, prior to or during the construction of the planned construction facility, there is a justified need to make significant changes and (or) additions to it that affect the structural scheme of buildings and structures, its spatial planning, engineering and (or) technological design solutions, including the replacement of engineering and (or) technological equipment, basic materials and (or) products that change technical and economic indicators, at which the approved design and estimate documentation is subject to adjustment.
If the estimated cost indicated by the date of conclusion of the contract increases by at least ten percent due to an increase in the cost of construction resources, when the contractor applies, in accordance with paragraph 3 of Article 655 of the Civil Code (Special Part), for a review of the estimate, the design estimates are adjusted without changing the design decisions in the absence of a backlog the fault of the contractor depends on the schedule of construction and installation work.
The estimated cost of construction without modification of design decisions is not adjusted in the first twelve months after the date of conclusion of the construction contract, except for the cases specified in subparagraph 2) of paragraph 11 of these Rules.;
2) changes in the value-added tax rate, in which the estimated section of the design and estimate documentation is adjusted, while the part of the design and estimate documentation for which the work volumes are available is not subject to adjustment and the decision of the relevant budget commission to determine the appropriateness of adjusting the design and estimate documentation is not required.;
3) after the expiration of one year from the planned start date set by the construction organization project, no competitive procedures have been conducted and no financing has been provided for construction and installation work, in which the approved design and estimate documentation is subject to adjustment without changing design decisions.
12. If there is a need to adjust and re-approve design estimates during the construction process, information on the state of construction and a separate list of the physical volumes of completed and remaining work approved by the customer, certified by persons carrying out technical supervision and author's support, is submitted for a new comprehensive non-departmental examination and re-approval in accordance with these Rules, while the part of the design and estimate documentation for which the completed volumes of work are available is not subject to adjustment.
The decision of the relevant budget commission is additionally submitted for budgetary investment projects.
13. If construction and installation work has been completed in the amount of 95% or more according to a previously approved project, the design and estimate documentation is not subject to correction and re-approval.
Appendix 2 to the Order of the Acting Minister of Industry and Construction of the Republic of Kazakhstan on April 10, 2026 No. 162
List of expired orders
1. Order of the Minister of National Economy of the Republic of Kazakhstan dated April 2, 2015 No. 304 "On Approval of the Rules for Approving Projects (Feasibility studies and Design estimates) intended for the construction of facilities at the expense of budgetary funds and other forms of Public Investment" (registered in the Register of State Registration of Regulatory Legal Acts No. 10632).
2. Order of the Acting Minister of National Economy of the Republic of Kazakhstan dated January 6, 2016 No. 2 "On Amendments and Additions to the Order of the Minister of National Economy of the Republic of Kazakhstan dated April 2, 2015 No. 304 "On Approval of the Rules for Approving Projects (Feasibility Studies and Design Estimates) Intended for construction at the expense of Budgetary funds and other forms of public investments" (registered in the Register of State Registration of Regulatory Legal Acts No. 13018).
3. Order of the Minister of Investment and Development of the Republic of Kazakhstan dated June 21, 2017 No. 370 "On Amendments and Additions to the Order of the Minister of National Economy of the Republic of Kazakhstan dated April 2, 2015 No. 304 "On Approval of the Rules for Approving Projects (Feasibility studies and Design Estimates) intended for the construction of facilities for the account of budgetary funds and other forms of public investments" (registered in the Register of State Registration of Regulatory Legal Acts No. 15365).
4. Item 1 of the List of Certain Orders of the Minister of National Economy of the Republic of Kazakhstan and the Minister of Investment and Development of the Republic of Kazakhstan, which are being amended, approved by Order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated August 16, 2019 No. 648 "On Amendments to Certain Orders of the Minister of National Economy of the Republic of Kazakhstan and the Minister of Investment and Development Of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts No. 19283).
5. Order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated December 10, 2019 No. 918 "On Amendments to the Order of the Minister of National Economy of the Republic of Kazakhstan dated April 2, 2015 No. 304 "On Approval of the Rules for Approving Projects (Feasibility Studies and Design Estimates) intended for the construction of Facilities at the expense of Budgetary funds and other forms of state investments" (registered in the Register of State Registration of Regulatory Legal Acts 19724).
6. Order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated September 24, 2021 No. 507 "On Amendments to the Order of the Minister of National Economy of the Republic of Kazakhstan dated April 2, 2015 No. 304 "On Approval of the Rules for Approving Projects (Feasibility Studies and Design Estimates) intended for the construction of Facilities at the expense of Budgetary Funds funds and other forms of public investments" (registered in the Register of State Registration of Regulatory Legal Acts No. 24515).
7. Order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated January 24, 2023 No. 48 "On Amendments and Additions to the Order of the Minister of National Economy of the Republic of Kazakhstan dated April 2, 2015 No. 304 "On Approval of the Rules for Approving Projects (Feasibility Studies and Design Estimates) intended for the construction of facilities for the account of budgetary funds and other forms of public investments" (registered in the Register of State Registration of Regulatory Legal Acts No. 31771).
8. Item 3 of the List of Some Orders of the Minister of National Economy of the Republic of Kazakhstan, which are being amended, approved by Order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated January 31, 2023 No. 61 "On Amendments to Certain Orders of the Minister of National Economy of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts No. 31827).
9. Subparagraph 2) of paragraph 1 of the Order of the Acting Minister of Industry and Construction of the Republic of Kazakhstan dated September 13, 2023 No. 3 "On Amendments and Additions to Certain Orders of the Minister of National Economy of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts No. 33432).
10. Subparagraph 2) of paragraph 1 of the Order of the Acting Minister of Industry and Construction of the Republic of Kazakhstan dated April 4, 2024 No. 118 "On Amendments and Additions to Certain Orders of the Minister of National Economy of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts No. 34228).
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