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On approval of the Rules for determining the procedure for disconnecting a construction facility from engineering and technical support networks

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

On approval of the Rules for determining the procedure for disconnecting a construction facility from engineering and technical support networks

Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated June 19, 2026 No. 319. Registered with the Ministry of Justice of the Republic of Kazakhstan on June 22, 2026 No. 39023

In accordance with paragraph 2 of Article 144 of the Building Code of the Republic of Kazakhstan, I ORDER:

     1. To approve the attached Rules for determining the procedure for disconnecting a construction facility from engineering and technical support networks.

     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

 

     "AGREED" Ministry of National Economy of the Republic of Kazakhstan

     APPROVED BY" Ministry of Agriculture of the Republic of Kazakhstan

     APPROVED BY the Ministry of Artificial Intelligence and Digital Development of the Republic of Kazakhstan

 

 

Approved by the Order of the Ministry of Industry and Construction of the Republic of Kazakhstan on June 19, 2026 No. 319

 

Rules for determining the procedure for disconnecting a construction site from engineering and technical support networks

1. General provisions

     1. These Rules for determining the procedure for disconnecting a construction facility from engineering support networks (hereinafter referred to as the Rules) have been developed in accordance with paragraph 2 of Article 144 of the Construction Code of the Republic of Kazakhstan (hereinafter referred to as the Code) and determine the procedure for disconnecting a construction facility from engineering support networks.

     2. The following concepts and definitions are used in these Rules:

     1) postutilization of a construction object is 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 elements and waste that cannot be regenerated;

     2) demolition of buildings and structures – complete or partial removal of buildings and structures or their elements by dismantling or destruction.

2. The procedure for disconnecting a construction site from engineering and technical support networks

     3. Disconnection of a construction facility from engineering and technical support networks is carried out in compliance with the procedure for stopping the supply (consumption) of the relevant resource, established by the Rules for the Conduct of Activities by natural Monopolies, approved by Order No. 73 of the Minister of National Economy of the Republic of Kazakhstan dated August 13, 2019 (registered in the Register of State Registration of Regulatory Legal Acts No. 19242).

     4. The conditions for disconnecting a construction site from engineering support networks shall be issued by organizations operating engineering support networks within no more than 10 (ten) working days from the date of receipt of an application for such conditions from the contractor (general contractor), an authorized state body or a local executive body.

     5. Disconnection of a construction facility from engineering and technical support networks in connection with its postutilization (demolition) is carried out on the basis of a decision of the owner of the construction facility or, in cases provided for by the Code, on the basis of a judicial act that has entered into force or a decision of a local executive body, unless otherwise provided for in paragraph 6 of these Rules.

     6. The basis for the demolition of a construction site included in the list of construction sites to be demolished is urban development and development projects of settlements.

     7. In order to disconnect a construction facility from the engineering supply networks, the contractor (general contractor), an authorized state body or a local executive body (hereinafter referred to as the MIO) sends an application to the organization operating the engineering supply networks (hereinafter referred to as the operational organization) for issuing conditions for disconnecting the construction facility from the engineering supply networks, provided for in paragraph 2 of Article 144 of the Code.

     8. The application states:

     last name, first name, patronymic (if any) of the initiator of the shutdown (if the initiator of the shutdown is a developer who is an individual), his postal address;

     the name of the initiator of the shutdown (if the initiator of the shutdown is a developer who is a legal entity, MIO), the address of the location;

     information about the location of the land plot on which the construction object is located, which is subject to postutilization (demolition);

     types of engineering and technical support networks from which it is planned to disconnect the construction site;

     the planned date of disconnection of the construction site from the engineering supply networks;

     decisions of the owner of the construction site, judicial acts that have entered into force, or decisions of the Ministry of Economic Development.

     The application must be accompanied by:

     documents confirming the authority of the person who signed the application (except for the case when such an application is signed by a developer who is an individual or a person who has the right to act without a power of attorney on behalf of a developer who is a legal entity);

     copies of title documents for the planned disconnection from the networks of engineering and technical support of the construction site and (or) copies of title documents for the land on which such an object is located;

     a copy of the court's or MIO's decision on postutilization (demolition) construction site, demolition of unauthorized buildings in accordance with the provisions of the Code (if any).

     9. Within no more than 10 (ten) business days from the date of receipt of the application, the operating organization determines and issues shutdown conditions without charge.

     The reason for refusal to issue shutdown conditions by the operating organization is the failure of the initiator of the shutdown to submit the documents attached to the application in accordance with paragraph 8 of these Rules.

     Disconnection of a construction facility from the engineering and technical support networks is carried out by an operating organization within a period not exceeding 30 (thirty) business days from the date such organization issues the shutdown conditions, but not earlier than the planned date of shutdown of the construction facility specified by the initiator of the shutdown in the application.

     10. The shutdown conditions should contain:

     information about the point of connection of the construction site to the engineering support networks, where it is necessary to disconnect the construction site from the engineering support networks.;

     date and time of disconnection of the construction site from the engineering and technical support networks;

     the list and deadlines for the implementation of measures to disconnect the construction site from the engineering and technical support networks, which must be carried out by the operating organization and (or) the implementation (enforcement) of which must be carried out by the initiator of the shutdown;

     information on the amount of compensation for the expenses of an operating organization related to the implementation by such an organization of measures to disconnect a construction facility from engineering and technical support networks, if such expenses are not provided for by the terms of termination of the contract of sale (supply) of the relevant resource.

     11. Work on shutting down a construction site is carried out in accordance with the shutdown conditions, subject to compliance with safety regulations during such work.

     12. The operating organization shall inform the initiator of the shutdown in writing no later than 3 business days before the date of completion of the shutdown work.

     13. The initiator of the shutdown, within the time period specified in the shutdown conditions, ensures access of representatives of the operating organization to the place of work on shutting down the construction site.

     14. Shutdown work on a construction site is performed in the absence of the initiator of the shutdown or his representative, if the initiator of the shutdown has notified the operating organization in writing of such a possibility before the date set in the shutdown conditions for the specified work.

     15. The disconnection of a construction facility from the engineering and technical support networks is confirmed by an act on disconnecting a construction facility from the engineering and technical support networks (hereinafter referred to as the Act), signed by the operating organization.

     16. Within 5 (five) business days from the date of completion of the work provided for by the shutdown conditions for the shutdown of the construction facility, the operating organization sends the signed Act to the initiator of the shutdown and the supplier of the relevant resources.

     18. The act contains the following information:

     1) name of the operating organization;

     2) information about the initiator of the shutdown, specified respectively in paragraphs two or three of paragraph 8 of these Rules.;

     3) the position of the person who signed the act on behalf of the operating organization, the name and details of the document confirming the authority of this person to sign the act;

4) information on the performance by the operational organization of work on disconnecting the capital construction facility in full in accordance with the conditions of disconnection;

     5) information on the performance by the operational organization of the shutdown of the construction site in full in accordance with the conditions of shutdown;

     6) information about the connection point of the construction site to the engineering and technical support networks where the construction site was disconnected.

 

 

 

 

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