CONSTRUCTION
Today, the construction sector in Kazakhstan is receiving considerable attention from the government.
The government supervises architecture, urban planning and construction in the Republic of Kazakhstan in accordance with the laws pertaining to architecture, urban planning and construction activities as well as in accordance with the system of government rules and standards pertaining to architecture, urban planning and construction.
Technical regulation and standardization in the domain of architecture, urban planning and construction applies to buildings, structures, processes related to their design, construction, reconstruction, technical upgrading, extension, capital overhauls and operation, as well as building materials, products and structures.
Designing, construction, reconstruction, technical upgrading, extension, overhaul and operation of industrial facilities in special economic zones and facilities on the Kazakhstan industrialisation roadmap may be applied the requirements of the International Building Code, international and regional standards, and standards adopted by foreign states in compliance with Kazakhstan standardization laws. Industrial facilities in special economic zones and facilities on the Kazakhstan industrialisation roadmap may be constructed using the building materials and structures which meet the requirements of the International Building Code, international and regional standards, and standards adopted by foreign states in compliance with Kazakhstan standardization laws.
State architecture, urban planning and construction standards (regulatory documents) constitute a part of Kazakhstan legislation.
A number of architecture, urban planning and construction operations are subject to licensing in accordance with the Kazakhstan laws concerning licensing and notification.
The individuals and corporate entities engaged in designing, building and installation activities in such fields as architecture, urban development and construction are subdivided into the following categories:
1st category includes the individuals and corporate entities that perform designing, construction and installation operations on sites of all levels of responsibility under existing licenses;
2nd category includes the individuals and corporate entities that perform designing, construction and installation operations on sites of the second and third levels of responsibility, as well as subcontracted operations on sites of the first level of responsibility under existing licenses; and
3rd category includes the individuals and corporate entities that perform subcontracted designing, construction and installation operations on sites of the low-tech second level and third level of responsibility under existing licenses.
The licensor qualifies individuals and legal entities by categories and issues licenses thereto subject to the qualification requirements applicable to designing, building and installation activities in the field of architecture, urban development and construction, specifying in each license particular terms depending on the category.
Licenses for architecture, urban planning and construction operations are issued by local executive authorities exercising state control over architecture and construction activities on the level of an oblast, republican status city or capital city.
Licensees are individuals and legal entities holding licenses to carry out licensable activities in the field of architecture, urban planning and construction. Licensees holding licenses for construction and assembly operations may, by virtue of such licenses, carry out respective repair and construction operations, reconstruction of buildings (other than restoration of historic and cultural monuments), and construction and reinforcement of structures.
Construction (reconstruction, restoration, technical upgrading, modernisation and overhaul) of facilities and complexes, as well as utility engineering and laying, landscaping and site finishing are performed in accordance with project (project estimate) documentation prepared in compliance with duly approved detailed plans and development projects based on the master plan of a settlement (or an equivalent development and housing chart of settlement with population under five thousands).
A customer/owner may, upon consultation with local authorities of a republican status city/capital city/region/oblast status city, implement any of the following projects without project (project estimate) documentation using sketch plans or reference designs:
1) construction of individual residential houses with maximum two storeys;
2) construction of temporary buildings in residential yards or plots of gardeners’ partnerships or market gardening associations;
3) construction of Intrasite communication lines;
4) improvement of residential yards or gardening plots without the need to modify the existing utility connections;
5) construction of mobile container, block and module complexes, as well as one-storey buildings/structures from prefabricated demountable constructions, for trading, catering and domestic servicing companies;
6) recovery/remedial operations after calamities, disasters and other emergency situations; installation of maximum 2-storey low-tech prefabricated buildings and structures;
7) construction of temporary, seasonal or accessory buildings (maximum 6 m long, 7 m high and 2,000 sq. m warehouses or storages ensuring special conditions for the storage of certain goods or materials) which are fire, explosion, gas, chemicals, toxins and poisons non-hazardous, as well as greenhouses, hangars, communication/lighting poles, fences and other similar structures;
8) construction of temporary residential and/or utility buildings intended for seasonal works or free-range animal husbandry;
9) construction of open-air parking structures for maximum 50 motor vehicles and battery garages for maximum 2 motor vehicles;
10) major repairs of utility networks and related structures which do not require changes in their location, depth/height level or pipe diameter;
11) construction of small-scale architectural structures and fences;
12) construction of open-air recreation/sports pitches, sidewalks and pavements around buildings/structures;
13) repair and replacement of manufacturing or engineering equipment the lifecycle of which has expired and which does not require any reconstruction or conversion of the facility where such equipment is installed;
14)cathodic protection of utility networks;
15) construction of maximum 20 sq. m individual one-storey buildings/structures for sole traders;
16) reconstruction (reconfiguration, refurbishment) of residential and nonresidential premises in residential buildings which do not require additional land allotments or modification of load-bearing structures, engineering and utility systems, which do not deteriorate any architectural, esthetical, fire-proof, blast resistant and sanitary properties, and which do not have any negative impact on environment through their lifecycle;
17) non-structural alteration or refurbishment of administrative or social premises in existing buildings;
18) construction of maximum 200 kWt electrical supply networks for businesses;
19) assembly and installation of automatic fire alarm systems in administrative, amenity and industrial buildings;
20) installation of water supply and sewage systems in mansion houses; and
21) installation of Intrasite and in-house domestic gas supply systems in individual residential houses.
The main contracting parties in the course of construction (including design, research, expertise, development and manufacturing of construction materials and structures by order) are the customer/investor or their authorized representative and the contractor/general contractor.
Any Kazakhstan citizen or a foreigner or a stateless person or a Kazakhstan or foreign entity may act as a customer under a construction contract.
Any individual or legal entity (including a joint venture) holding an appropriate license for architecture, urban planning and/or construction operations in the Republic of Kazakhstan may act as a contractor under a construction contract.
The contracting parties must observe all the procedures and requirements established by Kazakhstan law at all stages of a construction project.
When a customer intends to construct a facility, such customer must, subject to Kazakhstan land law, apply to local (city/district) executive authorities for a right to use the relevant land plot for development. Construction and erection operations are permitted only on those land plots which have been put to use or private ownership in compliance with Kazakhstan law.
After a customer obtains the needed right over the land plot, they issue an assignment for design of the proposed facility setting out the desired technical specifications thereof and other input data.
Further, subject to the relevant resolution on granting the respective land use right or the land ownership right already held by the customer, the local executive authorities issue to the customer an architectural planning assignment together with the specifications for engineering and utilities connections and architectural concept of the building.
The relevant design and estimate documentation prepared in accordance with the design assignment, architectural planning assignment and other input data must undergo approval process, comprehensive extradepartmental expertise and final adoption in compliance with the applicable statutory regulations following which the construction and erection operations can be launched.
The customer shall notify the authorities exercising state control over architecture and construction activities of such works in the manner prescribed by the Law of the Republic of Kazakhstan On Permits and Notices.
Any construction process is subject to architecture and construction control as provided by applicable Kazakhstan laws.
All subjects of architecture, urban planning and construction activities shall be liable for violation of any applicable regulations/requirements/standards/rules/restrictions under Kazakhstan law.
Completed construction operations must be accepted and commissioned subject to (i) a commissioning certificate to be signed by the customer, contractor (general contractor), and technical and design supervisors, (ii) a declaration of conformity, (iii) statement of compliance with project design, and (iv) statement of quality of construction and installation works. In certain cases, an owner/customer/investor/developer is permitted to accept and commission the finished construction project at their sole discretion, provided that the project is not technically challenging.
A deed of commissioning of a completed facility which is approved in accordance with the established procedure constitutes grounds for the entry of identification and technical details of new buildings, structures and/or components thereof and titles thereto into the legal information cadastral system.