On approval of the Rules governing the procedure and cost of consulting services in the field of design
Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated May 29, 2026 No. 264. Registered with the Ministry of Justice of the Republic of Kazakhstan on May 29, 2026 No. 38837
In accordance with subparagraph 37) of Article 24 of the Building Code of the Republic of Kazakhstan, I ORDER:
1. To approve the attached rules defining the procedure and cost of providing consulting services in the field of design (hereinafter referred to as the Rules).
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.
5. To establish that subparagraph 2) of paragraph 23 of the Rules is effective as follows from July 1, 2028:
"2) the name of the section(s), surname, first name, patronymic (if any) of the employee(s) of the state expert organization or expert organization–s), indicating the certificate;".
Minister of Industry and Construction of the Republic of Kazakhstan
E. Nagaspayev
"AGREED"Agency for the Protection and Development of Competition of the Republic of Kazakhstan
"AGREED" Ministry of National Economy of the Republic of Kazakhstan
"AGREED" Ministry of Finance of the Republic of Kazakhstan
"AGREED" Ministry of Artificial Intelligence and Digital Development of the Republic of Kazakhstan
Appendix 1 to the Decree of the Minister of Industry and Construction of the Republic of Kazakhstan dated May 29, 2026 No. 264
Rules governing the procedure and cost of providing consulting services in the field of design
Chapter 1. General provisions
1. These Rules, which determine the procedure and cost of providing consulting services in the field of design (hereinafter referred to as the Rules), have been developed in accordance with subparagraph 37) of Article 24 of the Construction Code of the Republic of Kazakhstan (hereinafter referred to as the Code) and determine the procedure and cost of providing consulting services in the field of design (hereinafter referred to as Consulting Services) in the development of construction projects and designed to improve their quality, as well as optimize design processes.
2. These Rules regulate the provision of consulting services in the field of design:
1) for a state expert organization – for construction projects related to the state monopoly provided for in Article 104 of the Code.;
2) for an expert organization – for construction projects provided for in paragraph 1 of Article 109 of the Code.
3. Consulting services are provided by a state expert organization or an expert organization by decision of the construction project customer or the design organization that developed the construction project, before submitting the construction project for a comprehensive non-departmental examination.
4. The following terms and concepts are used in the Rules:
1) consulting services – services for providing recommendations in the design of a construction facility provided by a state expert organization or an expert organization;
2) the contractor for consulting services (hereinafter referred to as the contractor) is a state expert organization or an expert organization that carries out comprehensive non–departmental expertise of construction projects.;
3) the customer of consulting services is an individual or legal entity that is the customer of a construction project or section(s) (the customer is an investor, the customer is the owner) or a design organization.
Chapter 2. Procedure and cost of consulting services in the field of design
Paragraph 1. Submission and acceptance of applications for consulting services
5. The provision of consulting services by a state expert organization is carried out through a portal for organizing the development and examination of projects based on the "one–stop shop" principle (hereinafter referred to as the portal) or on paper.
The provision of consulting services by an expert organization is carried out through a non-governmental digital system integrated with a portal or on paper.
The construction project or the section (sections) of the construction project on paper is provided by the customer of consulting services in the following order:
submission of the application – on paper;
provision of the construction project or the section (sections) of the construction project together with the source materials and documentation – on electronic media.
6. To provide consulting services, the customer of consulting services through the portal or on paper sends to the contractor an application with a draft assignment for the provision of consulting services, drawn up in accordance with Appendix 1 to these Rules.
7. After registration of the application, the contractor shall review the assignment for the provision of consulting services within 5 (five) business days from the next business day after receipt of the application.
After the expiration of the period specified in this paragraph, the contractor sends an amended assignment for the provision of consulting services for approval by the customer of consulting services.
8. The customer of consulting services, for the provision of consulting services, submits a set of source materials and documentation provided for in the agreed assignment for the provision of consulting services.
9. The submitted source materials and documentation contain design decisions and calculations for the consulted section(s) of the construction project.
The customer of the consulting services ensures the provision of reliable source materials and documentation for the provision of consulting services.
10. The Contractor checks the source materials and documentation for completeness within two (2) business days from the date of receipt. If they are complete, it confirms to the customer of the consulting services the completeness of the submitted source materials and documentation for the development of the construction project.
In the case of an incomplete package of source materials and documentation provided for in the agreed assignment for the provision of consulting services, the documents are returned without consideration, indicating the missing materials and (if necessary) design solutions.
The return of documents without consideration does not prevent the customer from requesting consulting services again after the identified deficiencies have been eliminated.
11. The duration of consulting services depends on the complexity and scope of the considered design decisions, calculations, as well as issues requiring recommendations.
The total duration of the provision of consulting services does not exceed 30 (thirty) business days.
12. The cost of consulting services provided by a state expert organization is calculated in accordance with the formula given in Appendix 2 to these Rules.
The cost of consulting services provided by expert organizations is calculated in accordance with the formula given in Appendix 2 to these Rules and (or) the contract for the provision of consulting services.
13. The cost of consulting services is not included in the consolidated estimated cost of construction.
14. The assignment for the provision of consulting services agreed by the contractor and the customer of consulting services, confirmation of the completeness of the submitted source materials and documentation, are the basis for concluding a contract for the provision of consulting services.
Paragraph 2. Conclusion of contracts for the provision of consulting services
15. Consulting services are provided on the basis of an agreement concluded between the contractor and the customer of consulting services, in accordance with the assignment for the provision of consulting services, which is an integral part of the agreement.
16. The contract for the provision of consulting services contains:
1) the subject of the contract to be concluded;
2) terms of provision of consulting services;
3) conditions for early termination of the contract;
4) liability of the parties for non-fulfillment or improper fulfillment of obligations stipulated by the agreement.
Other conditions that do not contradict the legislation of the Republic of Kazakhstan may be added to the draft agreement by mutual agreement prior to its signing.
17. The customer of the consulting services shall sign the draft agreement within 5 (five) business days from the date of receipt by the contractor.
In case of non-receipt of consulting services from the customer after the expiration of the specified period, the contractor shall withdraw the draft agreement.
18. The date of commencement of the provision of consulting services is the date of its signing by the parties.
Paragraph 3. Procedures for the provision of consulting services
19. For the direct execution of consulting services, when considering the section (sections) of the construction project, a full-time employee (employees) of a state expert organization or an expert organization is appointed.
20. In the case of consulting services on design solutions and (or) calculations for unique construction projects, as well as other facilities in terms of the use of innovative materials, products, equipment and technologies that require special, highly specialized knowledge and experience, an expert organization or a government expert organization involves specialists and (or) specialized organizations to on a contractual basis.
21. The following procedures are performed during the provision of consulting services:
In accordance with the assignment for the provision of consulting services, the submitted source materials and documentation are studied, and recommendations are provided when designing a construction facility.;
Meetings established in the assignment for the provision of consulting services are held, during which recommendations on the developed design solutions and (or) calculations are provided to the customer of consulting services.;
Following the meetings, minutes are drawn up containing the final results of the meetings.
Paragraph 4. Report on the provision of consulting services
22. Based on the results of the provision of consulting services, the contractor issues to the customer of consulting services a report with the results of the provision of consulting services in accordance with this Paragraph.
23. The content of the report on the provision of consulting services (hereinafter referred to as the Report) provides:
1) indication of basic data (name of the customer of consulting services, list of source materials and documentation);
2) the name of the section(s), surname, first name, patronymic (if any) of the employee(s) of the state expert organization or expert organization(s), indicating the certificate (certificate);
3) information on the progress of consulting services;
4) final explanations, answers, recommendations on the issues raised, indicated in the assignment for the provision of consulting services.
24. The annex to the report on the provision of consulting services contains the minutes of meetings between the customer of consulting services and the contractor, as well as other necessary materials (provisions or references to regulatory legal acts of the Republic of Kazakhstan, requirements of urban planning and technical regulations, norms and regulations of state interstate regulatory documents).
25. Reports on the provision of consulting services by a state expert organization or an expert organization are issued in electronic form or on paper and are certified by signatures.:
1) the head or a person authorized by him;
2) expert(s) and (or) specialist(s) in the relevant sections (parts) of the construction project, for which consulting services are provided.
26. The State expert organization and expert organizations keep records of the reports on the provision of consulting services issued to customers.
27. The report on the provision of consulting services does not replace an expert opinion on the compliance of the construction project or the section (sections) of the construction project with regulatory requirements, and subsequently a comprehensive non-departmental examination of the construction project is required.
28. The report on the provision of consulting services is advisory in nature and is not legally binding.
29. In case of disagreement with the report on the provision of consulting services by the customer of consulting services, a complaint is filed to the head of the state expert organization or the expert organization that provided consulting services.
The complaint is considered within 15 (fifteen) business days from the date of its receipt.
Based on the results of consideration of the complaint, the state expert organization or the expert organization makes one of the following decisions::
1) about making changes to a previously issued report;
2) on sending a reasoned refusal to satisfy the complaint.
In case of disagreement with the results of the examination of the complaint, the report on the provision of consulting services is subject to judicial appeal.
Appendix 1 to the Rules defining the order and cost of consulting services in the field of design (Assignment Form)
Assignment no._______ for the provision of consulting services
City ____________
"____" ______________ 202___ G.
______________________________________________________________________, hereinafter referred to as the "Customer", represented by ________________________________________________________________, acting on the basis of _____________________________________________, on the one hand, and _____________________________________________________, hereinafter referred to as the "Executor", represented by ________________________________________________________________, acting on the basis of _____________________________________________on the other hand, hereinafter collectively referred to as the "Parties", We have agreed on this Assignment no. _____ to the contract for the provision of consulting services No. ______ from "____" ______________ 202___ d. on the following terms:
1. Name of the construction site;
2. List of source materials and documentation required for the provision of consulting services;
3. The number of sections (parts) of the construction project for which it is necessary to obtain consulting services;
4. The content of the consulting services, including questions from the customer on which it is necessary to receive consulting services;
5. The duration of the provision of consulting services, taking into account the number of meetings between the contractor and the customer;
6. This Assignment no. _____ is drawn up and signed in 2 copies in the state and Russian languages (each copy) having the same legal force, one for each of the Parties.
Executor:______ "_________________"Address: ___________________ BIN _____________________ IIC _____________________BIC _____________________ The Bank: ____________________ Tel. _____________________ Position ________________________________________ M.P.
Customer:______ "_________________"Address: ___________________ BIN _____________________ IIC _____________________BIC _____________________ The Bank: ____________________ Tel. _____________________ Position ________________________________________ M.P.
Appendix 2 to the Rules governing the order and cost of consulting services in the field of design
Calculation of the cost of consulting services in the field of design
The cost of consulting services provided by a state expert organization is set according to the formula:
Sku = Nv × Sd
where:
Sku – the cost of consulting services, tenge without VAT;
Hb is the time limit for conducting a comprehensive non-departmental examination of a construction project, including analysis and evaluation of sections of the project documentation, depending on the cost of design and survey work (R&D), approved in accordance with state regulatory documents.
Hb is determined depending on the standard cost of the section of the project documentation for which the consulting service is provided;
Sd is the cost of one person-day of work of the Contractor's staff for the reporting year, determined according to the Contractor's accounting records on the basis of a monopoly type of activity for a comprehensive non-departmental examination of construction projects, indexed for the current year through the index of changes in the monthly calculation index.
The accounting year is the last full calendar year preceding the date of determining the cost standards.
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