On Architectural, Town-planning and Construction Activity in the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated 16 July, 2001 No. 242

Unofficial translation

      This Law regulates relations, arising between the state bodies, individuals and legal entities in the process of carrying out of architectural, town-planning and construction activity in the Republic of Kazakhstan, and directed to create a full environment and human life, sustainable development of inhabited localities and inter-settlement territories.

Section 1. The state regulation of architectural, town-planning and construction activity

Chapter 1. General provisions

Article 1. Basic definitions used in the Law

      The following basic definitions shall be used in the Law:
      1) authorial supervision – powers of designer on carrying out of control of:
      development of design of construction (construction documents), carrying out by designer (designers) of architectural, town-planning pieces;
      project installation of construction, carrying out by its developers, including designer (designers) of architectural, town-planning production;
      2) human environment – environment, in which the person resides. Environment shall include:
      environment – a set of natural and artificial objects, including atmospheric air, Earth's ozone layer, surface and subterranean waters, land, minerals, animal and vegetal life, as well as the climate in their interaction;
      architectural – landscape environment – a space with set of natural conditions and architectural forms, in which a person carries out economic activity and other functions. As a rule, it is the environment of inhabited localities, which determines living conditions and psycho-physical condition of the person;
      internal environment – a set of living conditions in the housing units and labour conditions in the office (industrial) premises, including social, aesthetic, biological, psychological, and physical and chemical factors, as well as natural radiation, external noise, biotic environment, pollution, water content, composition of the air and air handling, smells, combustion products, natural and artificial light, clean water and other;
      3) the objects of special regulation and town-planning regulatory action – the objects of architectural, town-planning and construction activity, the implementation of which is difficult or impossible without introduction of special rules (order), establishment of exceptions or making additions to the standard rules (order) of land use, the territory of inhabited locality, separate real property;
      3-1) register of accredited experts of organizations – unified list of legal entities, vested with right for conducting of complex non-departmental projects appraisal of construction of objects;
      3-2) accredited expert organization – a legal entity, accredited in the manner established by the authorized body on the cases of architecture, town-planning and construction, carrying out complex non-departmental projects appraisal of construction of objects (technical-and-economic assessment and design and estimate documentation), not referring by the legislation of the Republic of Kazakhstan on architecture, town-planning and construction activity to the state monopoly;
      4) anthropogenic intervention – positive and negative effect on nature, environment, inhabited locality, caused as a result of various forms of human influences. In the case of provision of negative effect comes the need of application of environmental measures;
      4-1) register of certified experts – permanently updated unified list of individuals, certified by the relevant structural subdivisions of local executive bodies and vested with the right to:
      perform works on projects appraisal of construction of objects (technical-and-economic assessment and design and estimate documentation), as well as projects of town-planning designing of territories (town – planning projects of different levels);
      technical investigation of reliability and stableness of existing (operational) buildings and structures;
      rendering of engineering services on maintenance of technical supervision on behalf of the customer and field supervision on behalf of the project developers;
      5) land use planning – upon town – planning division of the territory into functional areas with establishment of types of town-planning use of separate zones and the possible restrictions on their use;
      5-1) territorial transport planning – planning of development of transport system of territory, which also includes planning of placement of infrastructure of all types of transport and tracing of route network of transport;
      6) construction in progress – an object of construction, not accepted in accordance with the established procedure by the customer for setting into operation and not used for its designated purpose (residence, rendering services, product release, receipt of profit and other forms of operation);
      6-1) unique object of construction – buildings, structures and their complexes, describing by special, not previously used separately or in total architectural, spatial planning, constructional, engineering or technological decisions, for which the state or interstate technical regulations and regulatory and technical requirements for design and construction, determining need for development, coordination and approval for this object of special technical conditions (special regulations) are not established;
      7) construction - artificially created of volume, plane or line object (ground, surface, and (or) underground, underwater), having natural and artificial spatial boundaries and intended for execution of productive processes, placement and deposits of material valuables and temporary residence (conveyance) of people, cargo, as well as arrangement of (laying, conduit) facilities or services. Construction may also have artistic and aesthetic, decorative - applied or commemorative purpose;
      8) the territory of inhabited locality – a space within established border (lines) of the urban or rural settlement;
      9) master plan of inhabited locality - town planning design of comprehensive planning of development and building a city, rural settlement, village or other settlement, establishing zoning, planning structure and functional organization of their territory, a system of transportation and engineering services, planting and creation of living environment;
      9-1) local expert opinion – an expert opinion of projects, formed and issued to the customer at every stage of expert support on the relevant sections (parts) of the project, except for the final stage of the examination;
      10) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
      11) a project – a conception of individuals and legal entities on ensuring of necessary environmental conditions and human life, presented in the form of architectural, town-planning and construction documentation (drawings, graphic and text matters, engineering and bill of quantities), as well as technical-and-economic assessment of construction, and (or) design and estimate documentation, revealing the essence of conception and possibility of its practical implementation;
      12) pre-project documentation – a documentation, proceeding the development of town-planning, architectural projects, construction project and including the programs, reports, technical and economic substantiation of construction, technical-economic calculations, results of scientific researches and geotechnical investigations, technological and design calculations, rough sketches, models, surveys and results of surveys of objects, as well as other basic data and materials, necessary for making decisions on development of project documentation and subsequent projects implementation;
      13) project documentation shall include:
      project of landscape and shade gardening, its package, placement and installation (erection) of pieces of monumental and decorative art;
      town planning projects – the projects, containing conception of comprehensive urban development planning of organization, development and building of territories and inhabited localities or their parts (general scheme of the Republic of Kazakhstan, interregional schemes of territorial development, complex schemes of urban development planning of territories, general plans of inhabited localities, projects of detailed planning, projects of planning of industrial area, housing projects, general plans of objects and complexes, projects of creation of living environment and planting, other planning projects);
      construction project (building project) – project (design and estimate) documentation, containing relating to spatial planning, design, technological, engineering, environmental, economic and other decisions, as well as bill of quantities for organizations and conducting construction, engineering preparation of the ground, creation of living environment. Construction projects also include the projects of conservation of construction of uncompleted objects and post-utilization of objects, worn out;
      architectural projects, containing architectural conception, - individual project of erection of construction (monument), in the project planning of which is necessary participation of architect, or a part of project (design and estimate) documentation, including architecture and art, composition and space - planning decisions of the object, considering social, economic, functional, technological, engineering and technical, fire-prevention, anti-explosive, sanitary and hygienic, ecologic and other requirements and executed in the volume, necessary for the development of construction project or other documentation for construction of object;
      14) inter-state examination of projects – an obligatory form of examination of projects, presenting the interest for two and more participating states of international treaty on construction of object;
      15) Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);
      16) projects appraisal – expert activity, consisting in carrying-out of an analysis and assessment the quality of projects by establishment of conformity (non-conformity) of project decisions to the conditions of primary documents (materials, data) for designing, provided by the legislation of the Republic of Kazakhstan, as well as compliance with the requirements of town-planning and technical regulations, standards and provisions of the state and interstate regulatory documents. An expertize shall be divided into:
      complex non-departmental of project appraisal of the construction of objects (including industrial and internal expertise), conducting on the principle “one contact” on technical-and-economic assessment and design and estimate documentation, intended for construction of buildings and structures, their complexes, engineering and transport communications;
      complex town-planning expertize of town-planning designing of territories, conducting on the town-planning projects of development and building of urban and rural settlements, intersettlement territories, as well as industrial complexes, located outside inhabited localities;
      16-1) subjects of expert activity in the field of designing – expert organizations, as well as experts, being the staff employees of expert organizations or temporary engaged by these organizations as external experts to perform a complex non-departmental expertize on separate section (part) in the composition of project or for participation in the work of expert commission (groups) on complex town-planning expertize;
      16-2) expert in the field of designing – individual, certified in the manner established by the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activity, for performance of expert works on defined sections (parts) of projects, consisting in the staff of one of the expert organizations;
      17) Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);
      18) engineering infrastructure – a set of enterprises (organizations), objects (buildings and constructions), services and networks of engineering and communal support, creating normal conditions for life activity of people, as well as stable functioning of production or circulation of goods and services;
      18-1) Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);
      19) transport infrastructure – a set of land (motor and (or) railways) roads, water (sea and (or) river) routes of communication with a complex of bridge, tunnel and other transport works, junctions and overhead crossing, adjustment warning devices, communication, objects of engineering support of work of transport, service of means of transport, transferred cargo, passengers, ensuring of functional activity of industrial and service personnel, storage premises and territories, sanitary- protective and buffer zones, as well as lands, secured in legislation to specified ways of communication and objects, with real estate properties, being on them;
      19-1) street and road network – an object of transport infrastructure, being a part of territories of inhabited localities, limited by red lines and intended for movement of transport vehicles, bicycles and pedestrian, streamlining development and laying of utilities, as well as providing transport, bicycle and pedestrian connections of territories of inhabited localities as part of their means of communication.
      19-2) protected objects – buildings, structures and constructions, intended for residence of protected persons, as well as territory and water areas adjacent to them. The list of protected objects shall be approved by the President of the Republic of Kazakhstan;
      20) Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);
      21) urban zoning – distribution of territory of inhabited locality in accordance with its functional purpose (residential, public, industrial, recreational and other functional zones);
      22) town-planning and architectural -engineering documentation – a system of interconnected documents (including pre-project and project documentation, the state and interstate regulatory documents), necessary for organization of territories, town-planning development planning and building of territories and inhabited localities, construction (expansion, modernization, technical re-equipment, reconstruction, restoration, capital repair, conservation and post-utilization) of objects, as well as organization of construction, engineering preparation of the ground, creation of living environment, planting, external design;
      23) accounting units of town-planning cadaster – the elements of organized and used territory of the Republic of Kazakhstan in whole, regions, districts, inhabited localities, real estate properties, including all types of dimensional, plate and line structures;
      24) town-planning space – a territory of town-planning regulation, on which the material environmental condition and life activity of person are formed (population of country, region, inhabited locality, parts of inhabited locality);
      25) town-planning activity (hereinafter – town-planning) – an activity in town-planning planning of organization and development of territories and inhabited localities, determination of types of town-planning use of territories, comprehensive planning of urban and rural settlements, including creative process of formation of town-planning space, creation of town – planning project, coordination of all related sections of town-planning documentation;
      26) town-planning regulations – regimes, permissions, restrictions (including encumbrances, prohibitions and easements) of use of territories (land plots) and other real estate properties, as well as any permissible changes of their state, established according to the legislative procedure.
      Town-planning regulations shall be established by town-planning and architectural and engineering documentation, executed in accordance with the state standards. An action of town-planning regulations shall be restricted within the term, established for them.
      27) a territory of town – planning regulation – a territory, within of which any architectural, town-planning and construction activity are carried out;
      28) hazardous objects of construction - objects, which on functional purpose, technological industrial processes, operational characteristics shall contain the threat of man-triggered and (or) ecological disasters (accidents) with infliction of harm to health and life of person, irreparable harm, violation of stable functioning of other objects;
      29) inter-settlement territories - a territory, being outside the borders (lines) of inhabited localities;
      30) residential area - a part of territory of inhabited locality, intended for arrangement of residential, public (social and business) and recreational zones, as well as separate parts of engineering and transport infrastructures, other objects, arrangements and activity of which not exercise effect, requiring special buffer zones;
      30-1) state investment in construction (hereinafter – the state investments) – investments in construction of new buildings and structures, their complexes, engineering and transport communications, as well as reconstruction (expansion, modernization, technical re-equipping) or capital repair of existing objects, the source of which are:
      funds of republican and (or) local budget, as well as allocated funds, directed to the budget investments and budget crediting of subjects of quasi-public sector;
      allocated funds of non-state loans under state guarantee, or warranty of the state;
      means of National fund of the Republic of Kazakhstan, means, directed to implementation of concession projects;
      31) construction activity (hereinafter – construction) – an activity on creation of basic funds of production and non-production purpose by erection of new and (or) changes (expansion, modernization, technical re-equipment, reconstruction, restoration, capital repair) of existing objects (buildings, constructions and their complexes, services), installation (dismantlement), related with them technological and engineering equipment, manufacture (production) of constructional materials, products and structures, as well as perform works on conservation of construction of uncompleted objects and post-utilization of objects, worn out;
      Note of RCLI!
      Article 1 is provided to be supplemented by subparagraph 31-1) in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2016).
      32) construction installation works – construction activity, including:
      ground works and special works in the ground coats;
      early works, related with demolition of existing buildings and constructions, with installation of temporary services, roads, storage platforms, as well as leveling operation of territory;
      erection of bearing and (or) cladding structures of buildings and constructions (as well as bridges, transport elevated roads, tunnels and metropolitan railways, overhead crossing, pipe conduits, other artificial structures);
      special construction and installation works on laying of line structures;
      installation of external utility services and constructions, as well as internal engineering systems;
      works on protection and decoration of constructions and facilities;
      construction of roads and railways;
      installation (dismantlement) of technological equipment, commissioning works;
      33) constructional products - intermediate and (or) final result of architectural, town-planning and (or) construction activity;
      34) quality of construction products (quality of object) – a set of characteristics (including aesthetic) led to costumer of final construction product, reflecting requirements, directed to ensuring of interests and security of owners (users) and society in whole throughout the service life (operation, use, application);
      35) lines of regulation of building (building lines) – boundaries of building, establishing upon siting of buildings (constructions, structures) with setback from the red and yellow lines or from boundaries of the site of land;
      36) red lines – boundaries, separating the territory of quarters, housing complexes, other elements in planning structure of inhabited localities from streets (minor streets, squares). In general, building lines shall be applied to control the boundaries of building;
      36-1) greenery - forest parks, vest-pocket parks, avenues, line plantings, house plantings, grass-plots, flower gardens, located within the boundaries of inhabited localities;
      37) a model – illustration (descriptive) material, made in strict conformity with scale in dimensional form (with detailing or conditionally) in order establishment of spatial equality of planned territories, designed projects, their separate elements, as well as interiors of premises or interior space of installations. Video materials of computer solid modeling may be used as a model;
      38) the state town-planning cadaster – the state system of quantitative and qualitative indices, including town-planning regulations, cartographic, statistical and textual information, characterizing a territory of town-planning, architectural and construction activity on grounds of social-legal regime of its use, level of engineering and technical provision, on parameters and state of the objects, situated on it, as well as natural climatic conditions and ecological state;
      39) the state standards ( the state regulatory documents) – a system of regulatory legal acts, town-planning and technical regulations, standard technical documents, other mandatory requirements, conditions and restrictions, providing favorable, safe and other necessary living environment and life activity of person;
      39-1) the state expert organization – a legal entity, created by decision of the Government of the Republic of Kazakhstan in the organizational-legal form of republican state enterprise on the basis of economic control rights and carrying out a complex non-departmental expertize on the construction projects of objects (technical-and-economic assessments and design and estimate documentation), referred to the state monopoly;
      40) rough sketch (sketch plan) – a simple type of design (planning, spatial, architectural, technological, structural, engineering, decorative or other) decision, made in the form of scheme, graphical representation, first draft (pictorial representation) and explaining conception of this decision;
      41) master plan of object – a part of construction project of object (building, construction, complex), containing a complex resolution of the issues of its arrangement in the territory (site), laying (conduit) of transportation services, utility services, engineering preparation of site, creation of living environment and planting, organization of economic service and other measures, related with location of designed project;
      42) post-utilization of object – a complex of works on dismantlement and demolition of permanent structure (building, construction, complex) after termination of its operation (use, application) with simultaneous re-building and reclamation of regenerated elements (constructions, materials, equipment), as well as processing of elements and waste products, not subject to regeneration;
      43) monitoring of objects – a system of observation of the state and changes of objects of architectural, town-planning and construction activity;
      44) technical complexity of the object – an importance level of construction project by degree of technical requirements to reliability and strength of foundations and structures, established by the state and (or) interstate (international) standards depending on functional purpose of object, features of its bearing and cladding constructions, number of floors (constructional circles),seismic hazard or other special geological, hydrogeological, geotechnical conditions of the site (area) of the construction, which are divided into:
      first level of responsibility - increased;
      second level of responsibility – normal;
      third level of responsibility - reduced;
      Note of RCLI!
      Subparagraph 44-1) is provided to be in the wording of the Law 29.12.2014 No. 269-V (shall be enforced from 01.01.2016).
      44-1) forest park – natural and (or) artificial stand, located within the boundaries of inhabited locality on the general use lands, requiring carrying out of measures for formation of stable natural complex with all elements of natural forest;
      44-2) forest park – natural and (or) artificial stand, located within the boundaries of inhabited locality on the general use lands, requiring carrying out of measures for formation of stable natural complex with all elements of natural forest;
      Note of RCLI!
      Article 1 is provided to be supplemented by subparagraph 44-3) in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V(shall be enforced from 01.01.2016).
      45) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication);
      46) conservation of construction projects – a set of measures on ensuring of preservation and quality characteristics of constructions, materials and facilities of uncompleted project construction for the period of temporary suspension of its construction;
      47) buffer zone – a territory, separating the zones of special purpose, as well as industrial enterprises and other production, communal and storage objects in the inhabited locality from nearby residential areas, buildings and constructions of housing and commercial value in order to mitigate the effect of adverse factors on it;
      47-1) chamber of expert organizations (hereinafter – chamber) – unified noncommercial self-regulated organization, created by the legal entities in the amount of not less than three accredited expert organizations, carrying out expert activity in the field of designing of construction objects, except for the state expert organization;
      48) yellow lines - boundaries of maximum allowable zones of possible distribution of debris (failures) building ( constructions, structures) in the result of severe earthquakes, other disasters of natural or man-triggered character. In general, yellow lines shall be applied for regulation of spacing of buildings and constructions;
      Note of RCLI!
      Article 1 is provided to be supplemented by paragraph 48-1) in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V(shall be enforced from 01.01.2016).
      49) architectural and planning assignment – a set of requirements to the assignment, basic parameters and arrangement of object on a particular land plot (area, line of route), as well as mandatory requirements, conditions and restrictions to the planning and construction, established in accordance with town-planning regulations for this inhabited locality. Upon that establishment of requirements on color scheme and use of materials of decoration of building (constructions) faces shall not be allowed to dimensional and spatial decision;
      50) engineering services in the scope of architectural, town-planning and construction activity – a complex of services (technical and architectural supervisions), ensuring preparation and implementation of construction in order of achievement of optimal design indices;
      51) interstate standards (interstate regulatory documents) in the field of architecture, town planning and construction - a system of standard technical documents, rules and other mandatory requirements, conditions and restrictions, including interstate town-planning standards, interstate construction regulations and rules, interstate standards in construction, acting on the basis of international treaties, ratified by the Republic of Kazakhstan in the territories of the Republic of Kazakhstan and other state (other states);
      51-1) expert works – the works on examination of projects and conducting of technical investigation of reliability and sustainability of buildings and constructions;
      52) an authorized body in the matter of architecture, town-planning and construction – a central state body, carrying out management in the scope of the state management of architectural, town-planning and construction activity;
      53) an architectural activity (hereinafter – architecture) – an activity on creation of objects of architecture, including creative process of creation of external and internal image of the object, spatial, composition, space-planning and functional organization, fixed in architectural part of project documentation for construction (reconstruction, restoration), maintenance of architectural supervision upon project installation;
      54) architectural objects – building, construction, monument, group of buildings and constructions, their exteriors and (or) interiors, beautification features, landscape or garden art, created on the basis of architectural or town-planning projects, in the elaboration of which is necessary participation of architect;
      55) piece of architecture (town-planning) – an object of copyright and intellectual property of author (authors), being the result of creative process in professional activity of individuals, directed to creation of any architectural object or formation of town-planning space, including designer’s conception, fixed in the form of project documentation, separate graphical representation, model and rough sketch, as well as a project, realized in nature (part of the project);
      56) zones (districts) of high seismic hazard – the districts with possible (expectable) earthquake effect with intensity of seven or more points;
      57) man-triggered impact – in general, undesirable or damage (harmful) effect on the population, inhabited localities or inter-settlement territories, caused as a result of economic activity of person without the threat or with threat of occurrence of natural and man-triggered emergency situations;
      58) man-triggered disasters - extreme factors, related with economic activity and caused:
      industrial, transport and other accidents;
      fires, explosions and explosion hazard;
      releases or the treat of release of biological, chemical, hazardous or radioactive substances;
      spontaneous failure of buildings and constructions, services;
      breakthrough of hydraulic or treatment facilities;
      accidents at the electrical power and communication systems;
      59) technical supervision – construction supervision at all stages of project installation, including the quality, terms, cost, acceptance of completed works and commissioning of the objects in operation;
      60) building – artificial structure, consisting of bearing and cladding constructions, forming a mandatory land enclosed volume, depending on functional purpose, used for habitation or residence of people, execution of industrial processes, as well as placement and storage of material values. A building may have a substructure.
      61) engineering equipment of buildings (constructions) – a complex of engineering systems and technical equipment, creating regulatory or comfortable living conditions (life), labour activity (residence) of people, ensuring preservation of material values, as well as engineering support of technological equipment and industrial processes;
      62) ecological disasters – extreme ecological factors of upset of natural balance, linked with changes of:
      the state of dry (catastrophic subsidence, tectonic faults, griffins, landslides, cavings because of production of mineral products, existence of heavy metals or other hazardous substances in the soil in excess of maximum permissible concentration, intensive soil degeneration, desertification in the immense territories because of erosion, salinity or genesis of bog soils);
      composition and properties of the atmosphere (sudden climate change in the result of human intervention, stable excess of maximum permissible concentrations of harmful impurities and degradation transparency of the air, stable oxygen deficiency in the inhabited localities, formation of immense zone of acid fallout);
      the state of hydrosphere (depletion of water sources or their catastrophic or irreversible pollution, stable shortage of drinking water, as well as water for industrial purposes and domestic needs);
      the state of biosphere (destruction of vegetation in the immense territories, the extinction of species of animals, plants, a sudden change of ability of biosphere to reproduction).
      Natural disasters (catastrophic natural events) shall be also referred to the ecological disasters.
      Footnote. Article 1 is in the wording of the Law of the Republic of Kazakhstan dated 11.12.2006 No. 204 (shall be enforced from the date of its official publication); as amended by the Laws of the Republic of Kazakhstan dated 09.01.2007 No. 213 (the order of enforcement see Article 2); dated 10.07.2009 No. 180-IV; dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 № 34-V (shall be enforced from the date of its official publication); by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication); by the Law of the Republic of Kazakhstan dated 03.12.2013 No. 151-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2014 No. 167-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.04.2014 No. 195-V (shall be enforced upon expiry of six months after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 2. The legislation of the Republic of Kazakhstan on architectural, town-planning and construction activity

      1. The legislation of architectural, town-planning and construction activity of the Republic of Kazakhstan is based on the constitution of the Republic of Kazakhstan and consist of this Law, the Civil Code and other regulatory legal acts of the Republic of Kazakhstan.
      2. If the international treaty, ratified by the Republic of Kazakhstan establishes the other rules, than those provided by the legislation of the republic of Kazakhstan on architectural, town-planning and construction activity, the rules of international treaty shall be applied.

Article 3. Basic directions of activity in the field of architecture, town-planning and construction

      1. Basic directions of activity in the field of architecture, town-planning and construction shall ensure the state, public and private interests in this scope:
      1) the state interests - societal interests in whole in ensuring conditions of sustained development of regions, cities, rural settlements, villages and other settlements, performance of life support system, transport and engineering services, communication and energy, environmental protection, preservation of objects of historical and cultural heritage;
      2) public interests – interests of population of separate regions, cities, rural settlements, villages and other settlements in ensuring of favorable living (residence) conditions in this territory, environmental improvement, prevention of hazardous (harmful) effects in the result of economic and other activity, infrastructure development of inhabited localities and territories, adjacent to them, preservation of objects of historical and cultural heritage, natural values;
      3) private interests – the interests of individuals and legal entities in connection with carrying out of architectural, town-planning and construction activity in their land plots.
      In case, if the town-planning and architectural-construction activity of citizens and legal entities creates a nuisance or impossibility of the use, possession or disposition of objects (land plot or other immovable property), belonging to them (used by them), it shall subject to restriction.
      2. Architectural, town-planning and construction activity shall be concluded in:
      1) conducting of engineering investigations for construction, use of architectural – town planning and construction purposes of cartography-geodetic fund;
      2) preparation of foundations, predictions, documents of the System of the state planning of the Republic of Kazakhstan in the field of architecture, town-planning and construction;
      3) development, examination, agreement and approval according to the established procedure of town-planning, architectural-construction and other project (design and estimate) documentation;
      4) construction of new, as well as expansion, technical re-equipment, modernization, reconstruction, restoration and capital repair of existing objects buildings, constructions, engineering and transportation services;
      5) engineering preparation of the ground, creation of living environment and planting;
      6) conservation of construction of incompleted objects;
      7) performance a set of works of post-utilization of objects;
      8) performance of scientific and research, experimental works and use of their results in the field of architecture, town-planning and construction;
      9) carrying out of town-planning and architectural-construction control and supervision;
      10) involvement and rendering of engineering services;
      11) establishment of requirements, ensuring the safety in the scope of architectural, town-planning and construction activity.
      Footnote. Article 3 as amended by the Laws of the Republic of Kazakhstan dated 12 April, 2005 No. 38; dated 13 April, 2005 N 40 (shall be enforced from 1 January, 2005); dated 11 December, 2006 No. 204 (shall be enforced from the date of its official publication); dated 29 December, 2006 No. 209 (the order of enforcement see Article 2); dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.04.2014 No. 195-V (shall be enforced upon expiry of six months after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 4. Subjects of architectural, town-planning and construction activity

      The subjects of architectural, town-planning and construction activity shall be the state bodies, individuals and legal entities, participating in formation and development of living environment and life activity of person in the territory of the Republic of Kazakhstan.
      Citizens without citizenship, foreigners and foreign legal entities may be vested with right of performance of works (services), relating to the architectural, town-planning and (or) construction activity according to the established procedure in the territory of the Republic of Kazakhstan, unless otherwise provided by the legislative acts of the Republic of Kazakhstan.

Article 5. The objects of architectural, town-planning and construction activity

      The objects of architectural, town-planning and construction activity shall be:
      1) the territory of the Republic of Kazakhstan;
      2) the territory of regions, districts;
      3) the territory of inhabited localities and their parts;
      4) functional areas;
      5) real estate properties, including all types of constructions with technological and engineering equipment, relating to them;
      6) special economic zones;
      7) immovable monuments of history and culture, nature and urban landscape, the status of which is established by the legislation of the Republic of Kazakhstan.
      The cities as the objects of architectural, town-planning and construction activity shall be subdivided into:
      1) big (with a population of over 500,000 inhabitants);
      2) big (with a population of over 100 thousand to 500 thousand inhabitants);
      3) average (with a population of over 50 thousand to 100 thousand inhabitants);
      4) small (with a population of 50 thousand inhabitants).
      Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116).

Article 6. The objects of architectural, town-planning and construction activity of special regulation and town-planning regulation

      1. The objects of architectural, town-planning and construction activity of special regulation and town-planning regulation shall be subdivided into:
      1) territorial objects of special regulation and town-planning regulation;
      2) inhabited localities of special regulation and town-planning regulation;
      3) separate real properties, requiring the special regulation and (or) town-planning regulation.
      2. The territorial objects of architectural, town-planning and construction activity of special regulation and town-planning regulation shall include:
      1) the zones of ecological disasters and (or) emergency situations;
      2) specially protected natural sites;
      3) water protection areas and zones;
      4) the territories with objects of historical and cultural heritage and (or) protected by the unique and rare landscapes;
      5) the territories of the health-improvement, resort, recreational and reserve purpose;
      6) suburban zones;
      7) the zones of restricted territory and other territories, referred to the zones of special regulation by the legislative acts of the republic of Kazakhstan.
      3. The inhabited localities with special regulation of architectural, town-planning and construction activity and town-planning regulation shall include:
      1) the capital of the Republic of Kazakhstan and the cities of republican significance;
      2) the cities with population of over one thousand inhabitants;
      3) resort cities and rural settlements;
      4) inhabited localities, their parts or the territory, adjacent to them, having historical, culture values, or protected landscape objects, as well as settlements in natural reserves and national parks;
      5) military towns, frontier stations and settlements in other closed objects;
      6) inhabited localities, located in the districts with special (extreme) natural and climatic, geotechnical and hydrogeological conditions, as well as in the zones of ecological and man-triggered disasters or exposed adverse events and processes.
      4. The real estate properties with special regulation ofarchitectural, town-planning and construction activity and town-planning regulation shall include:
      1) the monuments of history and culture and their ensembles;
      2) the objects of the state natural-reserved fund;
      3) constructions, necessary for execution of the special state or economic tasks, including the objects, certainly constituting a danger to life and health of person or environment;
      4) buildings and constructions for habitation, residence and work of disabled persons.
      5. The regime of special regulation shall be established by this Law and other legislative acts of the Republic of Kazakhstan.
      Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 12.04.2005 No. 38; dated 11.12.2006 No. 204 (shall be enforced from the date of its official publication); dated 10.07.2009 No. 180-IV.

Chapter 2. Providing positive living environment and life activity upon carrying out of architectural, town-planning and construction activity

Article 7. Rights of citizens to positive environment of inhabited localities

      Citizens as consumers of the results of architectural, town-planning and construction activity shall have a right to:
      1) positive, in respect to this locality, living environment and life activity within the territory of inhabited locality (settlement) in accordance with the state town-planning policy in a part of resettlement and siting of labor forces, with town-planning requirements to the land use planning, standards of ecologic and sanitary -hygienic security and level of provision of this locality with infrastructure;
      2) the rest by assignment (allocation) of recreational territories, intended for these purposes and possessing the most favorable natural climatic conditions and landscape, appropriate medical and sanitary-hygienic conditions, conditions for leisure activity, including educational and awareness-raising, mass cultural, sports and health, entertainment events, the opportunity for arrangement of summer, garden and truck patches.
      Upon territorial selection, intended for the rest of population shall be also considered existence of the objects, referred to the protected landscape objects and (or) historical and cultural values.

Article 8. Ensuring security from natural and man-triggered, human impacts

      1. Carrying out of architectural, town-planning and construction activity shall issue from the conditions of ensuring of requirements, established by the legislation, on security of population, territories and inhabited localities from impact of hazardous (harmful) natural and man-triggered, anthropogenic events and processes.
      Measures on carrying out of these requirements shall be taken into account in project documentation, regulating by the state standards.
      2. The state standards (state regulatory documents) shall provide obligation of inclusion the sections on measures of protection of population, inhabited localities and inter-settlement territories from hazardous (harmful) impacts in the result of emergency situations of natural and man-triggered character to the town-planning and architectural-construction documentation.
      3. Inhabited localities and territories, exposed with hazardous (harmful) impacts in the result of emergency situations of natural character, as well as foreseeable emergency situations of man-triggered character shall be provided by the complex project documentation on security of population and territories from specified impacts.
      4. In the inhabited localities, exposed by impacts of natural, man-triggered, anthropogenic character, the results of monitoring of occurred hazardous (harmful) events and processes shall be taken into account in the state town-planning cadaster on a basis level.

Article 9. Requirements on ecological security and environmental protection

      1. Architectural, town-planning and construction activity shall be carried out in recognition of assessment of its environmental impact in accordance with classification of objects, established by the Environmental Code of the Republic of Kazakhstan and provide measures on rational use of natural resources, ensuring of ecological security and environmental protection.
      The specified measures shall be provided and implemented in accordance with the standards and (or) maximum permissible level (external forces), established by the legislation for this type of impact.
      2. The sections (parts) of projects on environmental protection and rational use of natural resources shall be included to the composition of town-planning and architectural-construction documentation.
      Carrying out of requirements (conditions, restrictions), approved according to the established procedure of project documentation on rational use of natural resources, ensuring of ecological security and environmental protection is compulsory for all subjects of architectural, town-planning and construction activity, carrying out projects installation.
      The territory with existence of industrial centers and separate manufacturing complexes, declared as the zones of ecological disaster shall be provided by complex project documentation on protection of population and environment.
      3. Complex schemes of town-planning development of territories, interregional schemes of territorial development shall be provided the measures on environmental protection and natural resource use, as well as rehabilitation of zones of ecological disasters and emergency situations.
      Projects of master plans of inhabited localities, projects of detailed planning and other town-planning documentation shall contain details on available water protection areas and zones, specially protected natural sites with specification of existence of agreements of projects with relevant authorized bodies on the planned territory in the manner established by the legislation of the Republic of Kazakhstan.
      In case of deficiency of current projects of water protection areas and zones for the planned territory with a task for development of specified town-planning projects shall be provided an obligation of special section, substituting the missing water protection documentation.
      4. Upon existence of danger to life and health of person, early occurred or expected (predictable) in the territory in the result of pollution of territory and (or) object with harmful chemical, biological substances in excess of maximum allowable concentration, radioactive substances in excess of maximum permissible levels, town-planning documentation shall contain the special sections (parts) of project, providing the measures on elimination (seizure) of such sources, conservation of contaminated territories (objects) with conducting of set of measures on their rehabilitation, as well as possibility of introduction of special regime of the use of territory or object (objects) by the Government of the Republic of Kazakhstan, including temporary residence of citizens (population) in the unfortunate zone.
      Footnote. Article 9 as amended by the Laws of the Republic of Kazakhstan dated 09.01.2007 No. 213 (the order of enforcement see Article 2); dated 10.07.2009 No. 180-IV.

Article 9-1. Requirements on ensuring safety of road traffic

      1. Carrying out of architectural, town-planning and construction activity shall proceed from the conditions of ensuring of requirements, established by the legislation of the Republic of Kazakhstan on territorial transport planning and organization of road traffic.
      Measures on implementation of these requirements shall reflect in the project documentation on territorial transport planning and traffic management.
      2. The sections (parts) of projects on territorial transport planning and traffic management shall be included in the composition of town-planning and architectural and engineering documentation.
      Carrying out of requirements (conditions, restrictions) of project documentation on territorial transport planning and traffic management approved in the established procedure is obligatory for all subjects of architectural, town-planning and construction activity, carrying out projects implementation.
      3. Inhabited localities and territories shall be provided by the complex project documentation on territorial transport planning and traffic management.
      4. The results of monitoring of road traffic accidents and traffic capability and streets in the inhabited localities shall be reflected in the state town-planning cadaster on the base level.
      5. The sections (parts) of projects on territorial transport planning and traffic management shall contain he following types of documents:
      1) supporting materials for development of transport sections of compatible circuits, general plans (conceptual suggestion on organization of road traffic, integrated transport schemes, investigations and forecasts) – perform investigation of work of transport system, centers and reasons of road traffic accidents, an assessment of previously developed project decisions on expected level of accidents, make out proposals on reducing of road traffic accidents at the expense of redistribution of traffic load, reclassification of street and road network, restrictions of road traffic;
      2) integrated transport scheme – performs distribution of volumes of transport work between the individual and public transport, offers comprehensive solutions for the development of the street and road networks and public transport networks, networks of off-street high-speed traffic;
      3) master plan of street and road network – determines financial and economic aspect of implementation of tasks of development of effective and safe street and road network in accordance with the documents of territorial planning (schemes of territorial planning and master plans);
      4) organization project of street and road network – implements the given structure of trunk street and road network, determines location of streets, roads and node elements, cross and longitudinal profiles, schemes of road traffic in the units with condition of ensuring requirements on traffic safety;
      5) development plan of roads – determines location of basic elements of streets and roads within the tap-offs (red lines), reserved areas in recognition of requirements of road safety;
      6) complex scheme of traffic management – determines the system of traffic management within adopted project of organization of street and road network and adopted projects of planning of streets in the agreement with movement of public transport.
      6. Territorial transport planning and organization of road traffic shall be carried out in three stages:
      in the early stages investigations of current transport situation are conducted, forecasts of changes of transport situation in the long-term perspective are executed, possibilities of development of transport frame of territory are estimated and conceptual proposals for traffic management in the long term perspective distinguishing of the first stage are formed. Complex transport schemes shall be developed for the cities with population more than one thousand people, other cities with complex transport situation;
      in a second stage the results of investigations, conceptual proposals and complex transport schemes shall be formed in the form of supporting materials and considered within development of schemes of land-use planning of territory of the Republic of Kazakhstan and separate regions (oblast or any part), master plans of inhabited localities. The result of development of specified documents shall be the master plans of traffic management in the agreement with other materials of schemes of territorial planning and master plans;
      in the third stage the complex schemes of traffic management shall be developed on the basis of master plans of traffic management.
      7. Project of organization of street and road network shall be connecting link between master plan (document of territorial planning), project of planning of roads and complex scheme of traffic management.
      8. Project of planning of roads shall be the basis for the development of the project of traffic management in the separate units.
      9. Planning of roads in the territory of the Republic of Kazakhstan shall meet the following compulsory requirements of ensuring:
      the necessary traffic capability in recognition of prospects for increasing the density of road traffic;
      the roads with intelligent transportation systems;
      unobstructed and safety traffic public transport, as well as by assignment them the separate traffic lanes;
      unobstructed and safety movement of bicycles, as well as by assignment them the separate bicycle lanes or bicycle lanes;
      road equipment with route medical and rescue points;
      pedestrian crossing.
      Footnote. Chapter 2 is provided to be supplemented by Article 9-1 in accordance with the Law of the Republic of Kazakhstan dated 17.04.2014 № 195-V (shall be enforced upon expiry of six months after its first official publication).

Article 10. Requirements on preservation of objects of historical-cultural heritage and landscapes

      1. Carrying out of architectural, town-planning and construction activity shall issue from conditions of preservation of territories and objects, recognized by the monuments of history and culture and protected landscape objects according to the procedure established by the legislation.
      2. The boundaries of special regulation, within of which an architectural, town-planning and construction activity are prohibited shall be established in the territories, having the monuments of history and culture, protected by the natural objects.
      3. Procedure of the use of lands within the boundaries of specified zones shall be regulated by the legislation of the Republic of Kazakhstan.
      Footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 11 December, 2006 No. 204 (shall be enforced from the date of its official publication).

Article 11. Provision of inhabited localities with objects of infrastructure and creation of conditions of their availability

      1. Town-planning documentation on planning and building of inhabited locality or its part (by the town – planning projects) shall be determined the composition and structure of objects of social, industrial, recreational, engineering and transport infrastructure, as well as shall be provided:
      1) creation of living environment, planting, engineering preparation of the territory and easement of necessity in recognition of the type (part) of settlement;
      2) complex building of the territory;
      3) consideration of interests of various social, demographic and professional groups of population;
      4) compliance with the regulatory requirements (restrictions, conditions);
      5) development of competitive environment in the scope of service.
      2. Inhabited localities shall be ensured by the optimal conditions and means of access to the workplaces, objects (constructions, services) of social, recreational, engineering and transport infrastructure for all categories of population (including disabled persons and other limited mobility) in accordance with the type of settlement and conditions of this locality.
      3. Town-planning documentation for inhabited localities shall contain the sections on creation of conditions of meeting the requirements of disabled persons and other limited mobility of people in the objects of social and recreational infrastructure.
      4. Change of assignment of service objects of population, which entails reduction of level of service, established by the state standards shall not be allowed.
      5. Upon development of town-planning documentation, planning and building of inhabited localities shall be provided the unified system of transportation services and street and road network, interconnected with the planning structure of inhabited locality and ensuring connection with all of its functional zones (including suburban zones), as well as the objects of external transport.
      6. Project documentation on development (arrangement, building) of inter-settlement territories for the purpose of subsequent carrying out of economic and (or) other activity, linked with the residence of people shall provide stable and available system of life support in this territory, including construction of the objects of infrastructure.
      7. Upon development of project documentation, operation and post-utilization of long-distance services, head works of engineering infrastructure, as well as upon performance of works on engineering preparation of territories shall be adopted decisions, respecting the interest of adjacent territories and excluding possibility of impact of hazardous (harmful) events and processes to the territory and population.
      8. Approved schemes of republican, interregional and regional engineering and transport system shall be the main for development of project (design and estimate) documentation, as well as activity, directed to the development (linked with development) of the system of life support and arrangement of inhabited localities.

Article 12. Ensuring the town-planning requirements upon use of land plots

      The use of land plots by the owners or land users for building (including laying of services, engineering preparation of territory, creation of living environment, planting and other types of arrangement of site) may be carried out only in accordance with approved project documentation and observance of purposive appointment or easement, land use planning, building lines and lines of regulation of building, rules of building and operation.

Article 13. Participation of individuals and legal entities in discussion of decisions on architectural, town-planning and construction activity

      1. Individuals and legal entities of the Republic of Kazakhstan shall have a right for the full, temporary and reliable information on the state of living environment and life activity, its supposed changes, planned architectural, town-planning and construction activity, except for the information of restricted access in the legislative procedure or relating to the state secrets.
      2. Information sharing of individuals and legal entities on the state of their living environment and life activity, as well as on intendments of building (replanning) of territory shall be carried out by the local executive bodies of districts (cities) through the mass media or by conducting of public discussions, expositions and exhibitions.
     3. Before approval of town-planning and architectural-construction documentation, individuals and legal entities shall have a right to participate in discussions, make proposals on change of accepted decisions, affected the social or private interests.
      4. In case of release of information (refusal in release of required information, not relating to the category of restricted access) by the state bodies on designed projects, the state of living environment and life activity and supposed changes in it, not relevant to the state standards or approved town-planning documentation, as well as directly affecting the social and private interests, individuals and legal entities shall have a right to apply to court of justice.
      5. Participation of individuals and legal entities in discussions upon adoption of town-planning, architectural or construction decisions may be expressed in the form of:
      1) direct participation;
      2) representation;
      3) other form, not prohibited by the legislation.
      6. If architectural, town-planning and (or) construction activity affects the interests of citizens, public associations and legal entities in this territory, they shall have a right to:
      1) revocation of a decision in administrative and legal procedure on arrangement, designing, construction (reconstruction) or setting into operation of objects, carried out with violation of the legislation or state standards;
      2) introduction of restrictions, suspension or termination of activity in administrative and legal procedure, carried out with violation of the legislation or state standards;
      3) appeal against the actions of local executive bodies of regions (city of republican significance, the capital), districts (cities of regional significance) in a judicial procedure, as well as conclusion of examination of projects;
      4) bring a compensatory action in a court, caused to the health of citizens and (or) property in connection with committed violations of legislation or state standards by the subjects or civil servants;
      5) apply for other facts of violations of the legislation and state standards in the scope of architectural, town-planning and construction activity according to the procedure, established by the legislation.
      Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January, 2005).

Chapter 3. Rights, obligations and responsibility of subjects of architectural, town-planning and construction activity

Article 14. Rights of subjects of architectural, town-planning and construction activity

      The subjects of architectural, town-planning and construction activity shall have a right according to the procedure, established by the legislation:
      1) require and receive information (details, data, basic materials, documents) from relevant bodies of architecture and town-planning, as well as state enterprise, carrying out maintenance of the state town-planning cadaster (except for information or documents of limited access), necessary for pre-projects studies, preparation of technical-and-economic assessment, justification of investment in construction, planning of territory development and (or) its building, designing and construction of objects, as well as their subsequent operation;
      2) use acquired to the title or given to the possession, use of land plots on purposive appointment within town-planning regulations, easements or other regulatory requirements (conditions, restrictions).
      Footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated 21.01.2014 No. 167-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15. Copyright law to work of architecture and town-planning

      1. Copyright law to work of architecture and town-planning and relations, occurring in connection with it shall be regulated by the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On copyright law and neighboring rights” and this Law.
      2. Citizens, in the results of which the works of architecture and (or) town-planning are built up shall be recognized as their authors and vested by the relevant copyright law.
      3. Property rights of authors of the work of architecture or town-planning (except for the cases, provided by the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On copyright law and neighboring rights” and this Law) shall be concluded in their exclusive rights:
      1) use or permit to use the project for installation;
      2) carry out or permit replication, distribution and redesign of architecture or town-planning project;
      3) delegate the specified exclusive rights to other persons according to the procedure, provided by the legislation.
      4. Authors of the work of architecture or town-planning, created in accordance with discharge of duties or duty assignment, not vested by the property right, unless otherwise provided by the agreement.
      An agreement between the owner of project (employer) and authors (executor of the order) shall embody regulations on settlement of property rights on the use of the work of architecture or town-planning, created in accordance with discharge of duties or duty assignment.
      5. An author of the work of architecture or town-planning shall have a right to:
      1) carry out an architectural supervision for preparation of the construction documents on installation of author’s project, unless otherwise provided by the assignment to the development of construction project;
      2) carry out an architectural supervision for the construction progress (reconstruction, restoration, modernization) of objects in accordance with established procedure, unless otherwise provided by the assignment to the development of architectural (town planning) project;
      3) execute photographing (camera, video recording), unless otherwise provided by the agreement to the development of project or assignment to the planning, as well as if an object does not contain information, referring to the state secrets.
      6. Protection of personal non-property rights of author (authors) to the work of architecture and town planning shall be carried out according to the procedure, determined by the legislative acts of the Republic of Kazakhstan.

Article 16. Principal duties of the subjects of architectural, town-planning and construction activity

      The subjects of architectural, town-planning and construction activity shall be obliged to:
      1) carry out an activity in accordance with the legislation and state standards (state regulatory documents);
      2) maintain the objects, being in their ownership (possession, use) in road worthy condition, ensuring their security for the citizens, stable functioning in accordance with regulatory and other compulsory requirements, including aesthetic.

Article 17. Responsibility of subjects of violation of the legislation on architectural, town-planning and construction activity

      1. Violation of regulations and requirements (conditions, rules, restrictions), established by the legislation on architectural, town-planning and construction activity, committed by its subjects shall entail responsibility, provided by the Laws of the Republic of Kazakhstan.
      The specified violations shall include:
      1) carrying out licensable types of activity in the scope of architecture, town-planning and construction without licensing;
      2) departure from approved functional purpose of territory, town-planning regulations, established regime in the zones of special town-planning regulation;
      3) departure from established choice and provision (permit to use), as well as seizure of land plots for town-planning purposes, related with meet the state requirements;
      4) departure from established procedure of development, coordination, examination and approval of town-planning documentation, as well as departure from documentation, approved in the manner established by the legislation of the Republic of Kazakhstan or introduction of amendments in it without permission of approving authority;
      4-1) departure from established procedure, development, examination and approval of project (design and estimate) documentation, as well as departure from documentation, approved in the manner established by the legislation of the Republic of Kazakhstan or introduction of amendments in it without permission of approving authority;
      5) production of construction installation works without notification of bodies, carrying out the state architectural-construction control and supervision in the manner established by the Law of the Republic of Kazakhstan “On administrative procedures”;
      6) implementation of construction of unaccompanied architectural construction control and supervision, technical and architectural supervision in the cases, when their obligation, provided by this Law;
      7) unauthorized construction, as well as change of architectural look, replanning (re-equipment, reprofiling) of buildings, separate premises and (or) building parts;
      8) departure from established red lines and building lines, as well as yellow lines in the zones of raised seismic hazard upon planning and building of inhabited localities;
       9) nonobservance of the state standards in the field of architecture, town-planning and construction, as well as protection of labour, fire and explosion safety, sanitary and ecological safety, affording access for disabled persons and limited mobility people to the objects of social, transport and recreational infrastructure in the construction process and subsequent operation of the object;
      10) violation of procedure, established by the legislation, for acceptance and setting into operation of completely constructed objects, as well as their maintenance in the operational process;
      11) ungrounded refusal of civil servants in issuance orissuance of unreliable information on preparation and making decisions, related with planning and building (reconstruction) of inhabited localities (parts of inhabited localities), designed projects, as well as on the environmental state and life activity and alterations, supposed in it, directly affecting the public and private interests;
      12) other actions, as a result of which the environmental state and life activity gets worse, derogate from rights and legal interests of citizens, as well as disabled persons, and society in a whole, caused a damage to the state interests, which entail the responsibility, provided by the legislative acts of the Republic of Kazakhstan.
      2. Obligations on elimination of committed violation and its consequences, as well as compensation of actual damage (harm) shall be entrusted to the subject, committed the specified violations.
      3. Facts of non-observance of guarantee period of completed projects, as a result of violations, committed by the subjects of architectural, town-planning and (or) construction activity shall be established in accordance with standards if Civil Code of the Republic of Kazakhstan, as well Article 69 of this Law.
      4. In the case of detection of violations in the project (design and estimate) documentation in the process of execution of an examination, having direct influence on resistibility, stability and reliability of the object, organization, developed the project (design and estimate) documentation shall bear responsibility established by the Laws of the Republic of Kazakhstan.
      Upon detection of violations in the project (design and estimate) documentation in the process of construction, having direct influence on resistibility, stability and reliability of the object, organization, developed the project (design and estimate) documentation, as well as expert, issued a favorable conclusion on project (design and estimate) documentation shall bear responsibility, established by the Laws of the Republic of Kazakhstan.
      Footnote. Article 17 as amended by the Laws of the Republic of Kazakhstan dated 13.04.2005 No. 40 (shall be enforced from 01.01.2005); dated 10.07.2009 No. 180-IV; от 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); от 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Chapter 4. State management in the field of architecture, town-planning and construction

Article 18. Civil servants and bodies of the state administration in the scope of architectural, town-planning and construction activity

      Civil servants and bodies of the state management, carrying out regulation, as well as performing control-supervisory functions in the field of architecture, town-planning and construction shall be:
      1) The President of the Republic of Kazakhstan;
      2) the Government of the Republic of Kazakhstan;
      3) authorized state body on the case of architecture, town-planning and construction and its territorial subdivisions;
      4) other central executive bodies within their special powers on the issues, being related with architectural, town-planning and construction activity;
      5) local representative and executive bodies of regions, cities of republican significance and the capital, districts, cities of regional significance.
      Footnote. Article 18 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); as amended by the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 19. Competence of the Government of the Republic of Kazakhstan in the scope of architectural, town-planning and construction activity

      The Government of the Republic of Kazakhstan in the scope of architectural, town-planning and construction activity shall:
      1) conduct the state policy in the scope of architectural, town-planning and construction activity;
      2) Is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) instruct to the central executive bodies the complex development of master scheme of organization of the territory of the Republic of Kazakhstan, approve and implement its general provisions, including the system of resettlement and siting of labor forces, town-planning regulations of republican significance, schemes and projects of development of production, social, recreational, engineering and transport infrastructure, as well as territories and objects of special town-planning regulation of republican and interregional significance;
      4) establish the boundaries of territories and objects of special town-planning regulation of republican and interregional significance;
      5) approve the projects of master plans (including the general provisions) of city of republican significance, the capital and cities of regional significance with estimated population size of more than one hundred thousand inhabitants, complex schemes of town-planning designing of territories of regions, other town-planning and architectural-construction documentation, having national, interstate or interregional significance, as well as introduction of amendments in it;
      6) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      6-1) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      7) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      8) adopt decisions on planning and construction of objects of national and interstate significance, create the state acceptance commissions;
      9) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      9-1) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      10) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      11) exercise control of carrying-out of requirements of legislative acts on priority use of potential of the Republic of Kazakhstan in the scope of architectural, town-planning and construction activity;
      12) (Is excluded)
      13) issue regulatory legal acts, regulating architectural, town-planning and construction activity;
      14) ensure implementation of inter-governmental agreements on cooperation in the field of architecture, town-planning and construction;
      15) Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);
      15-1) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      15-2) Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 34-V (shall be enforced from the date of its official publication).
      16) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      16-1) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      17) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); 18) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      18-1) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      19) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      20) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      21) determine procedure of installation of construction projects (reconstruction, capital repair) of objects and complexes of the Republic of Kazakhstan;
      22) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      23) approve the rules of production and placement of sign boards with the name of the state bodies on the administration buildings;
      24) exercise other functions, imposed on it by the Constitution, the Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. Article 19 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 12.04.2005 No. 38; dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 31.01.2006 No. 125; dated 29.12.2006 No. 209 (the order of enforcement see Article 2); dated 10.07.2009 No. 180-IV; dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 13.01.2012 No. 542-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 34-V (shall be enforced from the date of its official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2014 No. 167-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 20. Competence of the authorized state body in the matter of architecture, town-planning and construction

      Competence of the authorized state body in the matter of architecture, town-planning and construction shall include:
      1) carrying out of the state policy in the field of architecture, town-planning, construction, development of production base of construction industry;
      1-1) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      1-2) carrying out of coordination and methodological guideline of local executive bodies in the field of architecture, town-planning, construction, development of production base of construction industry;
      2) Is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) – 6) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      6-1) development and approval of rules of carrying out of technical building inspection of objects;
      7) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      8) organization of execution of complex town-planning examination of projects of master plans of the cities of republican significance, the capital, cities of regional significance with estimated population size of more than one hundred thousand inhabitants, other town-planning documentation, approved by the authorized body in the matter of architecture, town-planning and construction;
      9) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      10) (Is excluded - dated 12 January, 2007 No. 222)
      11) administration of the state examination of projects;
      11-1) development and approval of certification procedure of experts, carrying out expert works and engineering services in the scope of architecture, town-planning and construction activity;
      11-2) development and approval of rules of formation of expert commissions (expert groups) and involvement of specialists (specialized institutions and organizations) for participation in the complex non-departmental examination;
      11-3) development and approval of rules of formation of expert conclusions on the projects (technical-and-economic assessment and design and estimate documentation), intended for construction of objects;
      11-4) development and approval of rules of accreditation of expert organizations;
      11-5) development and approval of rules of conducting of complex non- departmental examination of technical-and-economic assessment and design and estimate documentation, intended for construction of new, as well as changes (reconstruction, expansion, technical re-equipping, modernization and capital repair) of existing buildings and structures, their complexes, engineering and transportation services independent from sources of financing;
      11-6) determination of procedure of approval of project (technical-and-economic assessment and design and estimate documentation), intended for construction of objects at the expense of budget funds and other forms of the state investments;
      Note of RCLI!
      Paragraph 11-7) shall be enforced up to 01.01.2016 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (the order of enforcement see paragraph 5 Article 3).
      11-7) maintenance of register of accredited expert organizations;
      12) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      12-1) carrying out of control and supervision of activity of local executive bodies in the matter of architecture, town-planning, construction and the state architectural and construction control in a part of relevant execution of functions, imposed on them by the legislation of the Republic of Kazakhstan;
      12-2) maintenance of register of licenses in the scope of architectural, town-planning and construction activity;
      12-3) issuance of instructions and application of administrative enforcement actions, established by the Code of the Republic of Kazakhstan on administrative infractions, to the local executive bodies in the matter of architecture, town-planning, construction and the state architectural and construction control;
      12-4) visiting an object for the purposes of establishment of relevant execution of functions, imposed on them by the legislation of the Republic of Kazakhstan by the local executive bodies in the matter of architecture, town-planning, construction and the state architectural and construction control;
      13) creation of the state town-planning cadaster, carrying out of control of its maintenance;
      13-1) coordination of actions of central and local executive bodies on issues of delivery of information and (or) details for introduction in a data basis of the state town-planning cadaster;
      14) regulatory and engineering, methodological provisions of activity of subjects of architectural, town-planning and construction activity, as well as the state enterprise, carrying out maintenance of the state town-planning cadaster;
      14-1) development and approval of rules of carrying out of control and supervision of activity of local executive bodies in the matter of architectural, town-planning, construction and the state architectural and construction control;
      15) making decisions on application of provided legislative measures to the violators in connection with committed violations and departure from the norms of the legislation, state regulatory requirements, conditions and restrictions, established in the scope of architecture, town-planning and construction activity;
      15-1) development and approval of rules of registration in the data basis of the state town-planning cadaster of pre-project and project (design and estimate) documentation, as well as objects of architectural, town-planning and construction activity;
      16) (Is excluded);
      17) (Is excluded - dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);
      18) attestation of the state construction inspectors;
      18-1) maintenance of register of certified experts, carrying out expert works and engineering services in the scope of architectural, town-planning and construction activity;
      19) development of technical regulations;
      20) in coordination with the akimat of capital approval of:
      rules of special regulation of architectural, town-planning and construction activity, as well as town-planning regulation in the territory of capital and suburban zones;
      rules of regulation of reconstruction process of existing buildings and constructions, as well as buildup of attic and typical floors of residential buildings;
      projects of the state standards (state regulatory documents) in the scope of architectural, town-planning and construction activity, used in the territory of capital and suburban zones;
      21) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      22) Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);
      22-1) development and approval of forms of conclusions on quality of construction installation works and conformity of performed works to the project, declaration of conformity, an act of acceptance of object in operation;
      23) Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication);
      23-1) approval of rules of organization and conducting of field supervision;
      23-2) approval of rules of rendering of engineering services in the scope of architectural, town-planning and construction activity;
      23-3) approval of rules of conducting of certification of the state construction inspectors, exercising architectural and construction control and supervision;
      23-4) approval of rules of involvement of organizations on rendering of engineering services on projects, finances form the budget funds;
      23-5) approval of rules of determination of general procedure of assignment of buildings and structures to the technically and (or) a technologically complex objects;
      23-6) approval of rules of determination of procedure of maintenance of monitoring of construction (planned for construction) objects and complexes;
      23-7) approval of technical regulations;
      23-8) approval of rules of maintenance and provision of information and (or) details form the state town-planning cadaster;
      23-9) approval of unified qualifying requirements, presented for carrying out of licensed architectural, town-planning and construction activity;
      23-10) approval of rules of formation and issuance of basic materials (details) for planning, as well as passing of licensing procedures for construction of new and change of existing objects (buildings, constructions, their complexes and services);
      23-11) approval of list of types of works (services) in the composition of construction installation works;
      23-12) management of activity and carrying out of coordination of actions of central and local executive bodies upon conducting of the state policy in the scope of architectural, town-planning and construction activity;
      23-13) carrying out of measures on provision of rational use of territories and natural resources upon town-planning development of territories, having the state and interregional significance;
      23-14) approval of model rules of building;
      23-15) approval of model rules of maintenance and protection of green planting, rules of improvement of the territories of cities and inhabited localities;
      23-16) development, approval, implementation and cancellation of the state regulations in the scope of architecture, town-planning and construction;
      23-17) approval of rules of organization of activity and exercising the functions of customer (builder);
      24) exercising other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.
      Footnote. Article 20 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 12.04.2005 No. 38; dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 29.12.2006 No. 209 (the order of enforcement see Article 2); dated 12.01.2007 No. 222 (shall be enforced upon expiry of 6 months after its first official publication); dated 21.07.2007 No. 297 (shall be enforced from the date of its official publication); dated 10.07.2009 No. 180-IV; dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 19.03.2010 No. 258-IV; dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 13.01.2012 No. 542-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2014 No. 159-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2014 No. 167-V (shall be enforced upon expiry of ten calendar days after its first official publication) dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 21. Competence of regional maslikhats in the scope of architectural, town-planning and construction activity

      Competence of regional maslikhats in the scope of architectural, town-planning and construction activity, carrying out in the relevant territory shall include:
      1) approval of inter-regional schemes of territorial development, project of master plan (including general provisions) of cities of regional significance with estimated population size of more than one hundred thousand inhabitants;
      2) approval of complex schemes of town-planning planning of territory of subordinate administrative-territorial units (projects of regional planning), represented by the akimat of region;
      3) approval of projects of general plans (including general provisions) of cities of regional significance with estimated population size up to one hundred thousand inhabitants;
      4) approval of territorial rules of building, creation of living environment and engineering support of territories, as well as the rules of preservation and maintenance of floorage, other buildings and constructions of housing-civil appointment, engineering services in coordination with an authorized state body in the matter of architecture, town-planning and construction;
      4-1) approval of rules of creation, maintenance and protection, presented by the akimat of region, of greenery, not including in a forest funs of the Republic of Kazakhstan within the boundaries of inhabited localities of region;
      5) formation and approval of regional commissions on conservation of historical and cultural monuments;
      6) (Is excluded)
      Footnote. Article 21 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 10.07.2009 No. 180-IV; dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 22. Competence of city maslikhats in the scope of architectural, town-planning and construction activity

      1. Competence of maslikhats of city of republican significance, the capital in the scope of architectural, town-planning and construction activity, carrying out in the territory of city and suburban zone shall include:
      1) approval of project of master plan of urban development (including general provisions);
      1-1) approval of complex scheme of town-planning planning of adjacent territories (project of regional planning), referred to the catchment area of city in a legislative procedure;
      2) approval of rules, represented by the akimat of city, of building, creation of living environment and engineering support of the city, coordinated with the authorized state body in the matter of architecture, town-planning and construction;
      2-1) approval of rules of creation, maintenance and protection of greenery, not included in a forest fund of the Republic of Kazakhstan within the boundaries of city, represented by the akimat of city;
      3) approval of rules of maintenance of floorage, other buildings and constructions of housing-civil appointment, engineering services, represented by the akimat of city, coordinated with an authorized state body in the matter of architecture, town-planning and construction;
      4) formation and approval of urban commissions on conservation of historical and cultural monuments;
      5) establishment of territorial rules of conservation and maintenance of historical and cultural monuments, objects of the state natural-reserved fund, having urban significance.
      1-1. Competence of maslikhats of cities of regional significance with population of over one hundred thousand inhabitants in the scope of architectural, town-planning and construction activity, carrying out in the territory of city and suburban zone shall include:
      1) approval of project of master plan of the city;
      2) approval of project of complex scheme of town-planning designing of territories, adjacent to the city (project of regional planning), referred to the catchment area of city in a legislative procedure;
      3) Is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      4) approval of territorial rules of building, creation of living environment and engineering support of the city and suburban zone, as well as maintenance of floorage, other buildings and constructions of housing-civil appointment, engineering services.
      2. Competence of maslikhats of cities of regional significance with population of up to one hundred thousand inhabitants in the scope of architectural, town-planning and construction activity, carrying out in the territory of city and suburban zone shall include:
      1) approval of project of master plan of city (including general provisions), project of complex scheme of town-planning designing of territories, adjacent to the city (project of regional planning), referred to the catchment area of city in a legislative procedure;
      2) Is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) approval of territorial rules of building, creation of living environment and engineering support of city and suburban zones, as well as maintenance of floorage, other buildings and constructions of housing-civil appointment, engineering services.
      3. Besides of functions, provided by paragraph 1 of this Article, determination upon approval of rules of building of capital of additional conditions of development of land plots in the territory of capital shall be referred to the competence of maslikhat of capital in the scope of architectural, town-planning and construction activity, carrying out in the territory of capital and suburban zone.
      Footnote. Article 22 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 21.07.2007 No. 297 (shall be enforced from the date of its official publication); dated 10.07.2009 No. 180-IV; dated 03.07.2013 No. 124-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 23. (Is excluded by the Law of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January, 2005)

Article 23-1. Competence of district maslikhats in the scope of architectural, town-planning and construction activity

      Competence of district maslikhats in the scope of architectural, town-planning and construction activity, carrying out in the relevant territory shall include:
      1) approval of master plans of cities of district significance and rural settlements, as well as schemes of development and building (simplified master plans) of rural inhabited localities with estimated population size up to five thousand inhabitants;
      2) approval of town-planning projects, as well as schemes of engineering support and services.
      Footnote. Chapter is supplemented by Article 23-1 – by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); as amended by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 24. Competence of akimats of regions in the scope of architectural, town-planning and construction activity

      1. Competence of akimats of regions in the scope of architectural, town-planning and construction activity, carrying out in the territory of jurisdictional region shall include:
      1) coordination of activity on implementation of complex scheme of town-planning designing of territories (project of district planning of region and its parts), approved master plans of inhabited localities in the territory of region in accordance with the established procedure;
      1-1) implementation of the state policy in the scope of architecture, town-planning, construction, development of production base of construction industry;
      2) introduction of project of master plan of city of regional significance of regional maslikhat with estimated population size more than one hundred thousand inhabitants for subsequent presentation to the Government of the Republic of Kazakhstan for approval;
      2-1) organization of development and presentation to the Government of the Republic of Kazakhstan for approval of projects of complex schemes of town-planning development of territory of region (structure plan of region), as well as master plan of cities of regional significance with estimated population size more than one hundred thousand inhabitants, approved by the regional maslikhat;
      2-2) presentation of complex schemes of town-planning development of territories of subordinate cities of regional significance for approval to the regional maslikhat with estimated population size up to one hundred thousand inhabitants and districts, as well as projects of master plans of development of cities of regional significance with estimated population size up to one hundred thousand inhabitants, approved by the urban maslikhats;
      2-3) coordination with an authorized state body in the matter of architecture, town-planning and construction of territorial rules of building, creation of living environment and engineering support of territories, as well as rules of preservation and maintenance of floorage, other buildings and constructions of housing-civil appointment, engineering services;
      3) presentation of territorial rules of building, creation of living environment and engineering support of territories, as well as preservation and maintenance of floorage, other buildings and constructions of housing-civil appointment, engineering services, historical and cultural monuments, objects of the state natural-reserved fund, for approval to the regional maslikhat;
      3-1) presentation of rules of creation, maintenance and protection of greenery, not included in a forest fund of the Republic of Kazakhstan within the boundaries of inhabited localities of region, for approval to the regional maslikhat;
      4) making suggestions, conditioned by the city-forming factors on establishment or territorial change of subordinate administrative-territorial entities in accordance with the legislation of the Republic of Kazakhstan, to the regional maslikhat;
      5) coordination of projects of master plans of cities of republican significance in a part of their development at the expense of territory of region, reserved areas, suburban zone, as well as other territories, referred to the catchment area of city by law;
      6) coordination of projects of master plans of cities of regional significance;
      7) making suggestions on formation of commissions on protection of historical and cultural monuments to the regional maslikhat;
      8) (Is excluded - dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);
      9) provision of information to the population on planned building development or other town-planning changes;
      10) approval and installation of town-planning projects (projects of detailed planning, housing project), designed for development of approved master plans (complex scheme of town-planning designing, development plan) of inhabited localities;
      10-1) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication);
      11) making decisions on construction, expansion, technical re-equipping, modernization, reconstruction, restoration and capital repair of structures, buildings, constructions, engineering and transportation services, as well as on land use engineering, creation of living environment and planting, conservation of construction of uncompleted objects, conducting of set of works on post-utilization of objects of regional significance;
      Note of RCLI!
      Subparagraph 12) is provided to be in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2016).
      12) determination of composition and appointment of commission on acceptance of objects (complexes) in operation according to the procedure, established by the legislation of the Republic of Kazakhstan, as well as registration and maintaining of records of objects (complexes), brought into operation;
      12-1) rendering assistance in the work of the state bodies of architectural-construction control and supervision in the territory of region;
      13) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication);
      14) provision of information and (or) details for inclusion into the data base of the state town-planning cadaster according to the established procedure;
      15) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication);
      16) organization and execution of complex town-planning examination of projects of master plans of cities of region significance with estimated population size up to one hundred thousand inhabitants;
      17) maintenance of monitoring of construction (to be constructed) objects and complexes according to the procedure, established by the Government of the Republic of Kazakhstan;
      17-1) coordination with accredited republican sports federations of technical specification and technical assignment for design of sports structures, intended for conducting of competitions of international and republican levels;
      17-2) Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);
      17-3) carrying out of the state architectural and construction control and supervision of quality of construction of objects, application of administrative enforcement measures, established by the Code of the Republic of Kazakhstan on administrative infractions to the offender of architectural and town-planning discipline of these objects;
      17-4) carrying out of licensing in the scope of architectural, town-planning and construction activity;
      17-5) making decisions on application of provided legislative measures in connection with committed violations and departures from regulations of the legislation, the state regulatory requirements, conditions and restriction, established in the scope of architectural, town-planning and construction activity;
      17-6) attestation of experts for the right of performance of expert works and engineering services in the scope of architectural, town-planning and construction activity;
      17-7) organization and carrying out of supervision of quality of project documentation;
      Note of RCLI!
      Subparagraph 17-8) shall be enforced up to 01.01.2016 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (the order of enforcement see paragraph 5 Article 3).
      17-8) accreditation of legal entities, pretending to conduct the complex non-departmental examination of projects of construction of objects;
      18) Is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV(shall be enforced upon expiry of six months after its first official publication);
      19) Is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV(shall be enforced upon expiry of six months after its first official publication);
      20) exercising of other powers, imposed on the local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local state management.
      2. Heads of structural subdivisions of local executive bodies of regions, carrying out functions in the scope of architectural and town-planning activity shall be the chief architects of regions by virtue of their position.
      Footnote. Article 24 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 10.07.2009 No. 180-IV; dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2014 No. 167-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2014 No. 229-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 25. Competence of akimats of cities of republican significance, the capital and cities of regional significance in the scope of architectural, town-planning and construction activity

      1. Competence of akimats of the city of republican significance, the capital in the scope of architectural, town-planning and construction activity, carrying out within the established borders of catchment areas shall include:
      1) conducting of the state architectural, town-planning and construction policy in the catchment area;
      1-1) implementation of the state policy in the scope of architecture, town-planning, construction, development of production base of construction industry;
      2) coordination of activity on implementation of approved master plan of the city, complex scheme of town-planning designing of adjacent territories (project of regional planning) referred to the catchment area of city in a legislative procedure, according to the procedure, established by the legislation;
      3) organization of development and introduction for approval of project of master plan of city to the city maslikhat, projects of establishment and alteration of city limits and boundaries of suburban zone, as well as boundaries of regions and inhabited localities, transferred to the administrative subordination to the city;
      4) introduction of project of master plan of city for approval to the Government of the Republic of Kazakhstan;
      5) presentation of town planning documentation for approval to the city maslikhat;
      6) presentation of urban rules of building, creation of living environment and engineering support of catchment area, coordinated with an authorized state body in the matter of architecture, town-planning and construction for approval to the city maslikhat;
      6-1) presentation of rules of creation, maintenance and protection of greenery, not included in a forest fund of the Republic of Kazakhstan within the city boundaries, for approval to the regional maslikhat;
      7) making suggestions on establishment of rules of preservation and maintenance of floorage, other buildings and constructions of housing-civil appointment, engineering services, historical and cultural monuments, objects of the state natural-reserved fund of urban significance to the city maslikhat;
      8) making suggestions on formation of a commission on protection of historical and cultural monuments to the city maslikhat;
      9) provision of information to the population on planned building development or other town-planning changes;
      10) approval and installation of town-planning projects, designed for development of approved master plans (complex scheme of town-planning designing, development plan) of city and suburban zone;
      10-1) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication);
      11) making decisions at the choice, provision, and withdrawal of land plots in the catchment area for building and other town-planning development for the state needs, in the cases, provided by the legislative acts;
      12) making decisions on construction, expansion, technical re-equipping, modernization, reconstruction (replanning, re-equipment, reprofiling), restoration and capital repair of structures, buildings, constructions, engineering and transportation services, as well as on land use engineering, creation of living environment and planting, conservation of construction sites (objects), conducting of set of works on post-utilization of objects of city significance;
      Note of RCLI!
      Subparagraph 13) is provided to be in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2016).
      13) determination of composition and appointment of commission on acceptance of objects (complexes) in operation according to the procedure, established by the legislation of the Republic of Kazakhstan, as well as registration and maintaining of records of objects (complexes), brought into operation;
      13-1) rendering assistance in the work of the state bodies of architectural-construction control and supervision in the territory of region;
      14) organization of preservation of floorage, services, historical and cultural monuments, objects of the state natural-reserved fund and maintenance of control of their regulatory maintenance (use, operation);
      15) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication);
      16) provision of information and (or) details for inclusion into the data base of the state town-planning cadaster according to the established procedure;
      17) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication);
      18) maintenance of monitoring of construction (to be constructed) objects and complexes according to the procedure, established by the Government of the Republic of Kazakhstan;
      18-1) coordination with accredited republican sports federations of technical specification and technical design assignment of sports structures, intended for competitions of international and republican levels;
      18-2) Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);
      18-3) carrying out of the state architectural and construction control and supervision of quality of construction of objects, application of administrative enforcement actions, established by the Code of the Republic of Kazakhstan on administrative infractions to the offenders of architectural and town-planning discipline at these objects;
      18-4) carrying out of licensing in the scope of architectural, town-planning and construction activity;
      18-5) making decisions on application of provided legislative measures in connection with committed violations and departures from regulations of the legislation, the state regulatory requirements, conditions and restriction, established in the scope of architectural, town-planning and construction activity;
      18-6) attestation of experts for the right of performance of expert works and engineering services in the scope of architectural, town-planning and construction activity;
      18-7) organization and carrying out of supervision of quality of project documentation;
      Note of RCLI!
      Subparagraph 18-8) shall be enforced up to 01.01.2016 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (the order of enforcement see paragraph 5 Article 3).
      18-8) accreditation of legal entities, pretending to conduct the complex non-departmental examination of projects of construction of objects;
      19) Is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV(shall be enforced upon expiry of six months after its first official publication);
      20) Is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV(shall be enforced upon expiry of six months after its first official publication);
      21) exercising of other powers, imposed on the local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local state management.
      1-1. Competence of akimat of the capital, besides the functions, provided by paragraph 1 of this Article, in the scope of architectural, town-planning and construction activity, carrying out in the territory of capital and suburban zone shall include:
      1) participation in formulation of the state architectural, town-planning and construction policy, used in the territory of capital;
      2) coordination of:
      projects of the state standards (state regulatory documents) in the scope of architectural, town-planning and construction activity, used in the territory of capital;
      rules of special regulation of architectural, town-planning and construction activity, as well as town-planning regulation in the territory of capital and suburban zone;
      rules of regulation of reconstruction process of existing buildings and constructions, as well as buildup of attic and typical floors of residential buildings;
      2-1) approval of rules of regulation of process of reconstruction of existing buildings and structures, as well as addition of attic and typical floors of residential buildings
      3) carrying out of control of period of design, construction and setting into operation of objects of reconstruction;
      4) carrying out of borrowing in accordance with the budget legislation of the Republic of Kazakhstan.
      2. Competence of akimats of cities of regional significance with population of over one hundred thousand inhabitants in the scope of architectural, town-planning and construction activity, carrying out within the established borders of catchment areas shall include:
      1) coordination of activity on implementation of approved master plan of the city, complex scheme of town-planning designing of adjacent territories (project of regional planning), referred to the catchment area of city in a legislative procedure, according to the procedure, established by the legislation;
      2) organization of development and introduction for approval to the city maslikhat of project of master plan of city, projects of establishment and alteration of city limits and boundaries of suburban zone, as well as boundaries of subordinate administrative districts and inhabited localities – satellites;
      3) presentation of town-planning documentation, as well as rules of building, creation of living environment and engineering support of territory of the city for approval to the relevant maslikhats in accordance with Articles 21 and 22 of this Law;
      4) making suggestions on establishment of rules of preservation and maintenance of floorage, other buildings and constructions of housing-civil appointment, engineering services, historical and cultural monuments, objects of the state natural-reserved fund of local significance to the city maslikhat;
      5) provision of information to the population of the city on planned building or other town-planning changes;
      5-1) provision of information and (or) details for inclusion into the data base of the state town-planning cadaster according to the established procedure;
      6) approval and installation of town-planning projects, projects of detailed planning and building of the city and suburban zone;
      7) making decisions at the choice, provision, and withdrawal of land plots in the catchment area for building and other town-planning development for the state needs, in the cases, provided by the legislative acts;
      8) making decisions on construction (expansion, technical re-equipping, modernization, reconstruction, restoration and capital repair) of structures, buildings, constructions, engineering and transportation services, as well as on land use engineering, creation of living environment and planting, conservation of construction sites (objects), conducting of set of works on post-utilization of objects of local significance;
      Note of RCLI!
      Subparagraph 9) is provided to be in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2016).
      9) determination of composition and appointment of commission on acceptance of objects (complexes) in operation according to the procedure, established by the legislation of the Republic of Kazakhstan, as well as registration and maintaining of records of objects (complexes), brought into operation;
      10) organization of preservation of floorage, services, historical and cultural monuments, objects of the state natural-reserved fund and maintenance of control of their regulatory maintenance (use, operation);
      11) maintenance of monitoring of construction (to be constructed) objects and complexes according to the procedure, established by the Government of the Republic of Kazakhstan;
      12) exercising of other powers, imposed on the local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local state management.
      3. Competence of akimats of cities of regional significance with population of over one hundred thousand inhabitants in the scope of architectural, town-planning and construction activity, carrying out within the established borders of catchment areas shall include:
      1) coordination of activity on implementation of approved master plan of the city, complex scheme of town-planning designing of adjacent territories (project of regional planning), referred to the catchment area of city in a legislative procedure, according to the procedure, established by the legislation;
      2) organization of development and introduction for approval to the city maslikhat of project of master plan of city, projects of establishment and alteration of city limits and boundaries of suburban zone, as well as boundaries of subordinate administrative districts and inhabited localities – satellites, complex schemes of town-planning development;
      3) presentation of town-planning documentation, as well as rules of building, creation of living environment and engineering support of territory of the city for approval to the relevant maslikhats in accordance with Articles 21 and 22 of this Law;
      4) making suggestions on establishment of rules of preservation and maintenance of floorage, other buildings and constructions of housing-civil appointment, engineering services, historical and cultural monuments, objects of the state natural-reserved fund of local significance to the city maslikhat;
      5) provision of information to the population of the city on planned building or other town-planning changes;
      5-1) provision of information and (or) details for inclusion into the data base of the state town-planning cadaster according to the established procedure;
      6) approval and installation of town-planning projects, projects of detailed planning and building of the city and suburban zone;
      7) making decisions at the choice, provision, and withdrawal of land plots in the catchment area for building and other town-planning development for the state needs, in the cases, provided by the legislative acts;
      8) making decisions on construction (expansion, technical re-equipping, modernization, reconstruction, restoration and capital repair) of structures, buildings, constructions, engineering and transportation services, as well as on land use engineering, creation of living environment and planting, conservation of construction sites (objects), conducting of set of works on post-utilization of objects of local significance;
      Note of RCLI!
      Subparagraph 9) is provided to be in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2016).
      9) determination of composition and appointment of commission on acceptance of objects (complexes) in operation according to the procedure, established by the legislation of the Republic of Kazakhstan, as well as registration and maintaining of records of objects (complexes), brought into operation;
      10) organization of preservation of floorage, services, historical and cultural monuments, objects of the state natural-reserved fund and maintenance of control of their regulatory maintenance (use, operation);
      11) maintenance of monitoring of construction (to be constructed) objects and complexes according to the procedure, established by the Government of the Republic of Kazakhstan;
      12) exercising of other powers, imposed on the local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local state management.
      Footnote. Article 25 is in the wording of the Law of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No.116); as amended by the Laws of the Republic of Kazakhstan dated 21.07.2007 No. 297 (shall be enforced from the date of its official publication); dated 10.07.2009 No. 180-IV; dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 13.01.2012 No. 542-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2014 No. 167-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2014 No. 229-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 26. Competence of akimats of districts in the scope of architectural, town-planning and construction activity

      Competence of akimats of districts in the scope of architectural, town-planning and construction activity, carrying out in the catchment area shall include:
      1) coordination of activity on implementation of approved complex scheme of town-planning designing of territory of district (project of regional planning), master plan of rural settlements according to the procedure, established by the legislation;
      1-1) provision of information and (or) details for inclusion into the data base of the state town-planning cadaster according to the established procedure;
      2) (Is excluded)
      3) (Is excluded)
      4) (Is excluded)
      5) provision of information to the population on planned building development or other town-planning changes;
      6) (Is excluded)
      7) making decisions on construction, land use engineering, creation of living environment and planting, conservation of construction of incompleted objects, conducting of set of works on post-utilization of objects of regional significance;
      8) (Is excluded)
      Note of RCLI!
      Subparagraph 9) is provided to be in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2016).
      9) determination of composition and appointment of commission on acceptance of objects (complexes) in operation according to the procedure, established by the legislation of the Republic of Kazakhstan, as well as registration and maintaining of records of objects (complexes), brought into operation;
      10) organization of preservation of floorage, services, historical and cultural monuments of district significance of control of their maintenance (use, operation);
      11) (Is excluded)
      12) organization of development and presentation of schemes of town-planning development of territory of district, as well as projects of master plans of cities of district significance, villages and other rural settlements for approval;
      13) approval and installation of town-planning projects, designed for development of approved master plans (schemes of territorial development) of inhabited localities;
      14) maintenance of monitoring of construction (to be constructed) objects and complexes according to the procedure, established by the Government of the Republic of Kazakhstan;
      15) making decisions at the choice, provision, and withdrawal of land plots in the catchment area for building and other town-planning development for the state needs, in the cases, provided by the legislative acts;
      16) making decisions on construction, (replanning, re-equipment, reprofiling) of premises of existing buildings;
      17) exercising of other powers, imposed on the local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local state management.
      Footnote. Article 26 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 10.01.2006 No. 116 (the order of enforcement see Article of the Law No. 116); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2014 No. 167-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 27. Local executive bodies in the matter of architecture, town-planning and construction

      Footnote. Title of Article 27 is in the wording of the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Local executive bodies in the matter of architecture, town-planning and construction shall be the structural subdivisions of relevant akimats and shall be divided into:
      1) regional (cities of republican significance, the capital) bodies:
      architecture and town-planning;
      construction (single customer service);
      state architectural-construction control and supervision;
      2) district (cities of regional significance) bodies:
      architecture and town-planning;
      construction (single customer service).
      2. Competence of local executive bodies in the matter of architecture, town-planning and construction shall be established in accordance with Articles 24, 25 and 26 of this Law.
      3. Heads of structural subdivisions of local executive bodies of the city of republican significance, the capital and cities of regional significance, carrying out functions in the scope of architecture and town-planning shall be the chief architects of cities by virtue of their position.
      Heads of structural subdivisions of local executive bodies of district, carrying out functions in the scope of architecture and town-planning shall be the chief architects of districts by virtue of their position.
      Footnote. Article 27 is in the wording of the Law of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article of the Law No. 116); as amended by the Laws of the Republic of Kazakhstan dated 10.07.2009 No. 180-IV; dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2014 No. 167-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 4-1. General safety requirements in the scope of architecture, town-planning and construction activity

      Footnote. Chapter 4-1 is supplemented by the Law of the Republic of Kazakhstan dated 29 December, 2006 No. 209 (the order of enforcement see Article 2).

Article 27-1. Objects of technical regulation

      The objects of technical regulation in the scope of architectural, town-planning and construction activity shall be the buildings, constructions, processes of their planning, construction, reconstruction, technical re-equipping, expansion, capital repair and operation, as well as constructional materials and structures.
      Application of construction regulations and rules, as well as standards of foreign states, international and regional organizations shall be allowed upon planning, construction, reconstruction, conducting of technical re-equipping, expansion, capital repair and operation of objects of international specialized exhibition in the territory of the Republic of Kazakhstan. Application of constructional materials and structures, relevant to the requirements of construction regulations and rules, as well as standards of foreign states, international and regional organizations shall be allowed upon construction of objects of international specialized exhibition in the territory of the Republic of Kazakhstan.
      Footnote. Article 27-1 as amended by the Law of the Republic of Kazakhstan dated 03.12.2013 No. 151-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 27-2. Safety requirements to the constructions

      1. Planning of objects of architectural, town-planning and construction activity shall ensure safety of constructions for human life and health of and environment.
      2. All possible hazard to human life and health and environment shall be identified and taken into account upon design of structures at all stages of their life cycle, as well as upon normal operation, emergency situations, alleged infringements upon performance of construction installation works and inadmissible construction.
      3. Builder shall be obliged to perform all set of measures on safety ensuring, determined by the project documentation, and ensure possibility of control and supervision of their implementation at various stages of public works construction upon performance of construction installation works.
      4. Construction structures shall be moved away from other objects to the required distance in accordance with established standards.
      5. Upon conclusion of an agreement of construction contract for construction, reconstruction and repair of structures, customers shall specify requirements of technical regulations and other standard technical documents, ensuring safety in the field of technical regulation.
      6. Customer and master builder shall be obliged to ensure industrial safety of construction installation works and eliminate possibility of causing of harm to human life and health, environment on the objects of construction, being the danger zones.
      7. Upon designing and public works construction it is necessary consider the external forces, which may lead to the following events:
      1) failure of all construction or its part;
      2) deformation of prohibitive amount;
      3) damage of other parts of construction or installations and facility, placed in them, in consequence of significant deformation of bearing elements;
      4) damage, caused by the accidental events, disproportionate to the primal cause.
      8. Constructions shall be designed and constructed in such a way that in the case of fire:
      1) resistibility of bearing elements was provided during specified period;
      2) development and distribution of fire and steam inside the building was limited;
      3) ensure an immediate evacuation of persons through the emergency exits;
      4) rescue teams had a safe access to the source of fire.
      9. Constructions shall be designed and constructed in such a way that not constitute a danger for human hygiene and health, in particular, in consequence of:
      1) emission of toxic gases and other chemical substances;
      2) existence of danger elements or gases in the air;
      3) emission of dangerous radiation;
      4) pollution or contamination of water and soil;
      5) disorders with emitting of water, steams, solid or liquid wastes;
      6) existence of moisture in a part of construction or inside face of construction.
      10. Constructions shall be designed and constructed in such a way that their operation does not present an unacceptable risk of such accidents as slipping, falling, strikes, burns, electrical accident, and injuries due to explosions.
      11. Sound insulation of construction shall be designed and constructed in recognition of absence of unacceptable risk for human life and health.
      12. Construction, as well as its installation of heating, cooling and ventilation shall be designed and constructed in such a way that consumption of power, required for use of construction, remained as moderate in recognition of local climatic conditions, without prejudice for human health.
      Footnote. Article 27-2 as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 27-3. Safety requirements of construction materials

      Construction materials shall comply with requirements of regulatory legal acts, establishing a set of mandatory safety requirements, as well as standards of radiation and chemical safety, allowing to build constructions, which in recognition of economic aspects is suitable for use and use of which provide carrying out of requirements, established in Article 22 of this Law.

Chapter 5. State standards in the field of architecture, town-planning and construction

Article 28. State system of regulatory documents in the field of architecture, town-planning and construction

      1. State regulation of architectural, town-planning and construction activity, carrying out in the territory of the Republic of Kazakhstan shall be provided by the action of the legislation on architectural, town-planning and construction activity, as well as state system of regulatory documents in the field of architecture, town-planning and construction.
      State standards (state regulatory documents) in the field of architecture, town-planning and construction shall be a component part of the legislation of the Republic of Kazakhstan.
      2. The state system of regulatory documents in the field of architecture, town-planning and construction shall include:
      1) state town-planning standards and regulations;
      1-1) technical regulations on designing and construction of objects (buildings, constructions, their complexes, services);
      2) state construction standards and rules, construction standards, set of rules on designing and construction, technological design standards;
      3) regulatory documents on standardization in the scope of architectural, town-planning and construction activity;
      4) republican regulatory documents in construction;
      5) standards of the state architectural-construction control and supervision;
      6) standards of other bodies of the state supervision in construction.
      3. State system of regulatory documents also shall include entered into force in the territory of the Republic of Kazakhstan in accordance with international treaties:
      1) interstate construction standards and rules;
      2) interstate standards in construction;
      3) interstate set of rules on designing and construction.
      4. The objects of the state norming shall be:
      1) the systems of resettlement, inhabited localities and their parts;
      2) architectural, technological, engineering and construction part of buildings, constructions and other structures, as well as separate premises;
      3) engineering and (or) technological equipment of buildings, constructions and other structures;
      4) construction materials, products and structures;
      5) town-planning, architectural-construction and other design and estimate documentation.
      5. State standards in the field of architecture, town-planning and construction shall be compulsory for observance by all subjects of architectural, town-planning and construction activity, as well as owners and users (employers, tenants) of real estate properties in a part of their operation and maintenance.
      6. State standards in the field of architecture, town-planning and construction shall be a basis for rendering of decision by the central and local executive bodies, other bodies of the state management and control on issues of rights, obligations and responsibility of subjects of architectural, town-planning and construction activity according to the procedure, established by the legislation.
      7. Bodies of the state management, approving regulatory documents in the field of architecture, town-planning and construction shall bear responsibility for technical, economic and social feasibility of regulatory requirements and their compliance with the legislation of the Republic of Kazakhstan according to the procedure, established by the legislation.
      8. Procedure of development, coordination, approval, registration and introduction into effect (suspension, cancellation) of the state standards shall be established by the authorized state body in the matter of architecture, town-planning and construction by agreement with other central executive bodies, in a competence of which these issues are included, unless otherwise provided by the legislation of the Republic of Kazakhstan.
      Footnote. Article 28 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2006 No. 209 (the order of enforcement see Article 2); dated 10.07.2009 No. 180-IV; dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 29. Types of the state regulatory documents in the field of architecture, town-planning and construction

      State standards in the field of architecture, town-planning and construction shall be divided into:
      1) organizational and methodological regulatory documents, including the standards on standardization and certification of construction product, geodetic work, engineering investigations for designing and construction, organization of construction production, acceptance for operation, construction safety;
      2)general standard technical documents, including main provisions of reliability of structures, fire and explosion safety, protection against hazardous (harmful) effects of natural, man-triggered and man-triggered character, manufacturing tolerances and dimensional interchangeability and compatibility of construction materials, products and structures;
      3) town-planning standards, including requirements, conditions and restrictions on organization of territories, planning, building and community redevelopment, horticultural areas of citizens' associations, on development of master plans of industrial and agricultural enterprises;
      4) standard technical documents on designing and construction of buildings and constructions of housing and civil, industrial purposes, including transport, hydro technical, reclamation constructions, as well as main and field pipelines and services;
      5) regulatory documents on engineering support of inhabited localities or their parts, separate buildings, constructions and their complexes;
      6) standard technical documents on construction materials, products and structures;
      7) standard technical documents on the means of equipment of construction, construction and installation organizations, including temporary and mobile structures and equipment;
      8) regulatory documents on price formation and cost accounts;
      9) regulatory documents on maintenance of the state town-planning cadaster;
      10) regulatory documents of bodies of the state control and supervision in the scope of architectural, town-planning and construction activity (state architectural-construction control, in the scope of civil protection, state sanitary and epidemiological service, in the field of environmental protection);
      11) regulatory documents on order of organization and holding of a competitive tenders (tender procedures) on contractor's works in construction.
      Footnote. Article 29 as amended by the Laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.04.2014 No. 189-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 30. Rules of building

      1. Territorial (regional, district, urban) rules of building, regulating architectural, town-planning and construction activity on the places shall act in the territories of inhabited localities.
      2. Rules of building shall be developed on the basis of complex schemes of town-planning designing of territories and master plans of inhabited localities.
      3. Rules of building shall specify conditions and requirements on the use of land plots by the subjects of architectural, town-planning and construction activity, designing and building development of inhabited localities and suburban zones, establish an order of passing licensing procedures on arrangement and construction of new or change of (reprofiling, re-equipment, replanning, reconstruction, expansion, capital repair) existing real estate properties, change of purposive appointment of land plot, functional purpose of premises, putting into operation of real estate properties, as well as demolition of existing buildings and structures.
      4. Procedure of development of territorial rules of building shall be determined by the authorized body in the matter of architecture, town-planning and construction.
      5. Procedure of approval and introduction into effect of rules of building development or introduction of amendments and additions shall be established by the legislation of the Republic of Kazakhstan.
      Territorial rules of building shall subjects to the environmental impact statement.
      6. Coordination of projects according to the procedure, established by the legislation of the Republic of Kazakhstan shall act within the period, specified in previously issued authorization documents until introduction into effect of rules of building or amendments to them.
      This provision shall not be distributed in the case when in connection with introduction of new requirements an action of previous rules does not exclude a threat to the health and lives of people.
      7. Rules of building may be appealed in a judicial procedure by the individuals and legal entities, whose legal interests have been violated due to the actions of these rules.
      Footnote. Article 30 as amended by the Laws of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Chapter 6. Architectural-construction control and supervision

      Footnote. The title of chapter 6 as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 31. Organization of architectural-construction control and supervision

      Footnote. The title as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Architectural-construction control and supervision shall carry out:
      1) an authorized state body in the matter of architecture, town-planning and construction by visiting of objects of construction, as well as control of activity of local executive bodies in the matter of architecture, town-planning, construction and the state architectural and construction control;
      1-1) local executive bodies within their control functions, executed by conducting inspection of construction of objects;
      2) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2012 no. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication);
      3) customer by organization of technical supervision for construction and acceptance of object in operation;
      4) developers of project documentation by maintenance of architectural supervision for construction;
      5) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2012 no. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication);
      2. Upon occurrence of situation, decision of which is beyond competence of bodies of the state architectural-construction control and supervision, control and supervision shall be carried out with the assistance of:
      1) an authorized state body on standardization, metrology and certification – in a part of standardization and certification of construction products;
      2) an authorized body in the scope pf civil protection – in a part of compliance with the requirements of industrial safety;
      3) Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);
      4) an authorized state body in the field of environmental protection – in a part of monitoring of impact of objects or their parts to the environmental state of territory due to their erection and (or) operation;
      4-1) an authorized body in the field of use and protection of inventory of water resources – in a part of monitoring of architectural, town-planning and construction activity in the territory of water protection zones;
      5) an authorized body of social protection of population – in a part of affording access for disabled persons and limited mobility people to the objects of social, transport and recreational infrastructure.
      3. Orders, instructions and other decisions of the state bodies of architectural – construction control and supervision, as well as state bodies, specified in paragraph 2 of this Article, issued according to the procedure, established by the legislation, are compulsory for all subjects of architectural, town-planning and construction activity, carrying out in the territory of the Republic of Kazakhstan.
      4. Is excluded by the Law of the Republic of Kazakhstan dated 31.01.2006 No. 125.
      5. Reciprocal claims and matters of argument between the subjects of architectural, town-planning and construction activity and bodies (services, civil servants) of architectural-construction control and supervision shall be decided according to the procedure, established by the legislation of the Republic of Kazakhstan.
      Footnote. Article 31 as amended by the Laws of the Republic of Kazakhstan dated 13.04.2005 No. 40 (shall be enforced from 01.01.2005); dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 31.01.2006 No. 125; dated 09.01.2007 No. 213 (the order of enforcement see Article 2); dated 10.07.2009 No. 180-IV; dated 06.01.2011 No. 378-IV(shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 31-1. Architectural-construction control and supervision

      Footnote. The title as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Is excluded by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
      2. Customer (owner) and contractor (prime contractor) shall present a project and executive technical documentation, requested by the state body of architectural-construction control and supervision or the state building inspector on this object, as well as conclusion of examination on the relevant projects.
      Note of RCLI!
      Paragraph 3 is provided to be in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.07.2015).
      3. In the course of inspection of objects by the state body of architectural-construction control and supervision (state building inspectors) shall be established:
      1) existence of approved project (design and estimate) documentation, favorable conclusion of examination of projects, as well as notification of bodies, carrying out the state architectural-construction control and supervision, on start of production of construction installation works;
      1-1) reliability of data, specified in notification;
      2) possession of a license for the right of carrying out of relevant types of licensable architectural, town-planning and construction activity;
      3) compliance of completed (in progress) construction installation works, used construction materials (products, structures) and facilities with approved design decisions and state (interstate) standards, as well as on provision of resistibility, stableness, reliability of bearing and cladding structures and functional performances of buildings (constructions);
      4) organization and carrying out of all types and forms of own production control and supervision of quality of construction (input, operational, acceptance, laboratory, geodetic and other) by contractor (prime contractor);
      5) timeliness and accuracy of execution of executive documentation;
      6) organization and carrying out by the customer (owner) of technical supervision upon construction of objects, subject to acceptance for operation by the state acceptance and acceptance commissions;
      6-1) organization by the customer (owner) of architectural supervision upon construction of objects, subject to acceptance for operation by the state acceptance and acceptance commissions;
      6-2) observance by the technical and architectural supervision of procedure of carrying out of technical and architectural supervisions (engineering services), established by the state standards in the scope of architecture, town-planning and construction.
      4. Bodies of the state architectural-construction control and supervision shall adopt decisions (issue orders) upon revelation of committed violations of the state standards and (or) departure from approved projects (design decisions) on:
      1) prohibition of application of construction materials, products, structures and facility, not corresponding to the national standards and technical conditions;
      2) elimination of committed violations by the customer (builder) and (or) contracting construction and installation organization (enterprise);
      3) suspension of construction installation works.
      5. Orders of the state bodies of architectural-construction control and supervision or the state building inspectors may be appealed in the manner established by the legislation of the Republic of Kazakhstan.
      6. Is excluded by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2).
      7. Architectural-construction control and supervision shall be carried out in the form of inspection and other forms.
      8. An inspection shall be carried out in accordance with the Law of the Republic of Kazakhstan “On the state control and supervision in the Republic of Kazakhstan”. Other forms of the state control and supervision shall be carried out in accordance with this Law.
      Footnote. Chapter 6 is supplemented by Article 31-1 in accordance with the Law of the Republic of Kazakhstan dated 31 January, 2006 No. 125; as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 32. Licensing in the scope of architectural, town-planning and construction activity

      1. Separate types of activity in the scope of architecture, town-planning and construction shall subject to licensing in accordance with the legislation of the Republic of Kazakhstan on licensing.
      2. Individuals and legal entities for carrying out of project activity and construction installation works in the scope of architecture, town-planning and construction shall be divided into the following categories:
      I category – carry out an activity, specified in this paragraph, on objects of all levels of responsibility within the existing license;
      II category – carry out an activity, specified in this paragraph, on objects of second and third levels of responsibility, as well as works on objects of first level of responsibility within the existing license by agreements of subcontract;
      III category - carry out an activity, specified in this paragraph, on objects of second technically simple and third levels of responsibility, as well as works on the objects of first and second levels of responsibility within the existing license by agreements of subcontract;
      Referring of individuals and legal entities to the particular category shall be carried out by the licenser upon issuance of a license in accordance with the qualifying requirements, specified to the project activity and construction installation works in the scope of architecture, town-planning and construction, and shall be specified in the special conditions of validity of a license.
      3. Licensing of works in the scope of architectural, town-planning and construction activity shall be carried out by the authorized state body in the matter of architecture, town-planning and construction.
      Footnote. Article 32 is in the wording of the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV(shall be enforced from 30.01.2012); dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 33. State architectural-construction inspection

      Note of RCLI!
      Paragraph 1 is provided to be excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.07.2015).

      1. State architectural-construction inspection shall carry out inspection for:
      1) availability of documents, approving its relevant right to this land plot of customer (builder), and agreement with contractor (prime contractor);
      2) possession of a license for the right of carrying out of separate types of activity in the scope of architecture, town-planning and construction;
      3) availability of design and estimate documentation, approved in accordance with the established procedure, favorable conclusion of examination of projects, as well as notifications of bodies, carrying out of the state architectural-construction control and supervision, on start of production of construction installation works;
      3-1) reliability of data, specified in notification;
      4) timely execution and maintenance of executive technical documentation by the participants of construction, as well as upon introduction of amendments in approved design and estimate documentation;
      5) quality of used construction materials, products and structures, assemble equipment, availability of relevant certificates;
      6) compliance of completed (in progress) construction installation works, used construction materials (products, structures) and facility with approved design decisions and state (interstate) standards, as well as on provision of resistibility, stableness, reliability of bearing and cladding structures and functional performances of buildings (constructions);
      7) organization and carrying out of all types and forms of own production control of quality of construction by contractor (prime contractor);
      8) organization and execution of construction with accompaniment of technical and architectural supervision.
      8-1) observance by the technical and architectural supervision of procedure of carrying out of technical and architectural supervisions (engineering services), established by the state standards in the scope of architecture, town-planning and construction.
      2. The state architectural-construction inspection shall consist of:
      1) structural subdivision of the authorized body in the matter of architecture, town-planning and construction, carrying out the state architectural-construction control of activity of local executive bodies in the matter of architecture, town-planning, construction and the state architectural-construction control;
      2) local executive body of region, city of republican significance, the capital, carrying out the state architectural-construction control of quality of construction of objects.
      3. The state architectural-construction inspection shall be assigned by:
      1) Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication);
      2) monitoring of constructed (to be constructed) objects and quality control of constructed (reconstruction, expansible, redesigned, capitally repaired) objects and complexes;
      Note of RCLI!
      Subparagraph 3) is provided to be excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.07.2015).
      3) participation in the work of acceptance and state acceptance commissions according to the procedure, established by the legislation;
      6) adoption of measures, established by the legislation in relation to the legal entities and civil servants, committed the permanent violations or not eliminated committed violations in the established terms.
      Note of RCLI!
      Paragraph 3 is provided to be supplemented by subparagraphs 5) and 6) in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.07.2015).
      4. The state architectural-construction inspection (state building inspector) is authorized to:
      1) request an acquire information on planned for construction and construction (reconstructed, expansible, redesigned, capitally repaired) objects and complexes in the territory of the Republic of Kazakhstan from the subjects of architectural, town-planning and construction activity;
      Note of RCLI!
      Subparagraph 2) is provided to be in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.07.2015).
      2) request and get a project and executive documentation from the customers on this building area for familiarization, as well as conclusion of examination of relevant projects;
      3) unchecked visit and carry out operational inspection of conducted construction installation works of construction (reconstruction, expansible, redesigned, capitally repaired) objects and complexes.
      4) visits of objects and complexes after receipt of notification on the start of production of construction installation works not later than five business days from the date of receipt of notification.
      Note of RCLI!
      Paragraph 4 is provided to be supplemented by subparagraph 5) in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.07.2015).
      5. The state architectural-construction inspection shall render an order on elimination of committed violations in the established terms by customer (builder) and (or) contracting construction and installation organization upon revelation of committed violations of the state standards and (or) departure from approved projects (design decisions).
      Note of RCLI!
      Paragraph 5-1 is provided to be in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.07.2015).
      5-1. Certificate and statement of objects with description of revealed defects on the form, established by the authorized body in the matter of architecture, town-planning and construction, which is issued to the contractor (prime contractor), the work of which is checked, as well as to the customer (owner) shall be drawn up in the results of inspection.
      6. To the inspection on the part of the state architectural-construction inspection shall not subject:
      Note of RCLI!
      Subparagraph 1) is provided to be in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.07.2015).
      1) construction of free-standing residential buildings and other technically simple structures, intended for the personal use of citizens, except for the construction in the zones of increased seismic hazard or other special geologic (hydrogeological) and geotechnical conditions, required the special design decisions and measures upon their implementation, as well as construction of free-standing residential buildings, being built in the capital of the Republic of Kazakhstan and at the expense of the state investments;
      2) erection of temporary constructions, arranged on the own household plots or plots of garden and truck companies, as well as residential and (or) household premises for seasonal works and distant-pasture cattle rearing;
      3) reconstruction (replanning, re-equipment) of premises (separate parts) of existing buildings, unlinked with the change of bearing and cladding structures, engineering systems and facility, as well as change of functional purpose of premises.
      Note of RCLI!
      Paragraph 7 is provided to be in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.07.2015).
      7. Head of the authorized body, carrying out the state architectural-construction control and supervision for the process and quality of construction of objects, his (her) assistants and staff employees, in the official duties of which an operational inspection of buildings is included shall be accordingly a Chief state building inspector of the Republic of Kazakhstan, assistants of the Chief state building inspector of the Republic of Kazakhstan and the state construction inspectors.
      Heads of territorial subdivisions, carrying out the state architectural-construction control and supervision for the process and quality of construction of objects, their assistants and staff employees, in the official duties of which an operational inspection of buildings is included shall be accordingly the chief state building inspectors, assistants of the chief state building inspector and the state building inspectors of regions, cities of republican significance, the capital.
      A Chief state building inspector of the Republic of Kazakhstan and his (her) assistants, as well as a chief state building inspectors of regions, cities of republican significance, the capital shall be vested with right to examine cases of administrative offences and impose administrative penalties.
      Footnote. Article 33 is in the wording of the Law of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); as amended by the Laws of the Republic of Kazakhstan dated 21.07.2007 No. 297 (shall be enforced from the date of its official publication); dated 10.07.2009 No. 180-IV; dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 34. Architectural supervision

      Note of RCLI!
      Paragraph 1 is provided to be in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.07.2015).

      1. Architectural supervision shall be carried out by the project designer and (or) developers of project (design and estimate) documentation:
      1) in the cases, provided by Article 15 of this Law and the Law of the Republic of Kazakhstan “On copyright and related rights”;
      2) upon construction of objects, subject to the acceptance for operation by the state acceptance and acceptance commissions.
      Note of RCLI!
      Paragraph 2 is provided to be in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No 269-V (shall be enforced from 01.07.2015).
      2. Architectural supervision, conducted in the course of construction of objects, subject to the acceptance for operation by the state acceptance and acceptance commissions.
      In these cases architectural supervision shall be carried out during all period of construction (reconstruction, restoration, expansion, technical re-equipment, modernization, capital repair) of object or conservation of construction of uncompleted objects.
      2-1. Project designer shall have a right to delegate the conduct (carrying out) of architectural supervision for the construction of object to:
      1) an expert, having an attestation for the right of implementation of engineering services in the scope of architectural, town-planning and construction activity;
      2) a customer for the self-selection of provider of engineering services on maintenance of architectural supervision, having relevant attestation.
      Note of RCLI!
      Article 34 is provided to be supplemented by paragraphs 2-2, 2-3 and 2-4 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.07.2015).
      3. Is excluded by the Law of the Republic of Kazakhstan dated 21.01.2014 No. 167-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Article 34 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 10.07.2009 No. 180-IV; dated 15.07.2011 № 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2014 No. 167-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 34-1. Technical supervision

      Note of RCLI!
      Paragraph 1 is provided to be in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.07.2015).

      1. Technical supervision shall be carried out in a mandatory manner upon construction of objects, subject to acceptance for operation by the state acceptance and acceptance commissions, as well as repair of motor roads.
      2. Technical supervision shall be carried out by the customer in its own right and (or) with the involvement of experts, having a relevant attestation for the right of implementation of engineering services in the scope of architectural, town-planning and construction activity, at the expense of funds, provided in the design and estimate documentation for construction of objects in accordance with current standards.
      3. Administrators of budget programs (customers) for carrying out of technical supervision for installation of projects, financed from the budget funds shall have a right to engage experts, existing on the market, having relevant attestation for rendering of engineering services in the scope of architectural, town-planning and construction activity.
      Note of RCLI!
      Article 34-1 is provided to be supplemented by paragraphs 4, 5 and 6 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.07.2015).
      Footnote. Is supplemented by Article 34-1 of the Law of the Republic of Kazakhstan dated 12.04.2005 No. 38; as amended by the Laws of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.07.2013 No. 112-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Note of RCLI!
      Chapter 6 is provided to be supplemented by Articles 34-2 and 34-3 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V(shall be enforced from 01.07.2015).

Article 35. Civil servants, carrying out architectural-construction control and supervision

      1. Civil servants, carrying out architectural-construction control and supervision shall include:
      1) (Is excluded)
      1-1) state building inspectors of the authorized state body in the matter of architecture, town-planning and construction, carrying out control of activity of local executive bodies in the matter of architecture, town-planning, construction and the state architectural-construction control;
      1-2) the state construction inspectors of regions, cities of republican significance, the capital, carrying out control of construction of objects in the catchment areas;
      2) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication);
      Note of RCLI!
      Subparagraph 3) is provided to be in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2016).
      3) staff employees of the authorized state body in the matter of architecture, town-planning and construction, its territorial subdivisions, including in the composition of acceptance, state acceptance and working commissions for the duration of the work of these commissions;
      Note of RCLI!
      Subparagraph 4) is provided to be excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2016).
      4) authorized representatives of other legal entities, including in the state acceptance (working) commissions or expert groups for the duration of the work of commissions (groups).
      2. State building inspectors, carrying out the state architectural-construction control and supervision shall be certified according to the procedure, established by the Government of the Republic of Kazakhstan.
      3. Obligations of civil servants, carrying out architectural-construction control and supervision shall be charged with:
      1) identification and analysis of causes of violations of the state standards and requirements (conditions, restrictions), committed by the subjects of architectural, town-planning and construction activity in the territory of the Republic of Kazakhstan;
      2) adoption of enforcement actions, corresponding to their powers, directed to elimination of violations of the state standards and requirements (conditions, restrictions), committed by the subjects of architectural, town-planning and construction activity, as well as their consequences;
      3) elaboration of measures on improvement of forms and methods of carrying out of the state architectural-construction control and supervision.
      4. The rights of civil servants, carrying out architectural-construction control and supervision shall be established within the powers of relevant bodies of architectural-construction control and supervision, unless otherwise provided by the legislation of the Republic of Kazakhstan.
      Footnote. Article 35 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 10.07.2009 No. 180-IV; dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 36. Orders of bodies of architectural-construction control and supervision

      1. Bodies of architectural-construction control and supervision shall issue orders to the subjects of architectural, town-planning and construction activity (responsible persons, representing the subjects) depending on established violations or qualifications (inconsistencies) to requirements (conditions, restrictions), provided by the state standards, other compulsory requirements.
      2. The right to sign prescriptions shall subject to the civil servants, carrying out architectural-construction control and supervision, unless otherwise provided by the legislation of the Republic of Kazakhstan.
      3. Orders, issued by the bodies of architectural-construction control and supervision shall be subject to compulsory implementation by all subjects of architectural, town-planning and construction activity in the territory of the Republic of Kazakhstan in accordance with the legislation.
      Footnote. Article 36 As amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication).

Section 2. Architecture and town-planning

Chapter 7. State town-planning cadaster

Article 37. The subjects and appointment of the state town-planning cadaster

      1. The state town-planning cadaster shall contain details on previous and current state of territories, buildings and constructions, hardscaping and improvements, as well as town-planning development designing and building of territories and inhabited localities, data of belonging of territories and objects to the relevant zones, their present and future appointment, ecological, engineering-geological, hydrogeological, geotechnical and seismic situations, engineering support.
      2. Data of the state town-planning cadaster shall be used upon:
      1) development and implementation of town-planning and architectural-construction documentation;
      2) development and change of objects of real estate properties;
      3) implementation of real estate transactions, its registration;
      4) assessment of investment activity;
      5) issuance of town-planning and architectural and planning assignments;
      6) carrying out of architectural-construction control and supervision, environmental protection.
      3.The state town-planning cadaster shall be used for establishment the sizes of taxes on land and other real property, legal regulation of the use of turnover of immovable property, control of rational use of territories of inhabited localities, observance of town-planning regulations and analysis of projects installation.
      4. The state town-planning cadaster shall divided by levels on:
      1) republican;
      2) regional;
      3) district region;
      4) base (inhabited localities, including the cities of republican significance and capital).
      Footnote. Article 37 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 1 January, 2005); dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06.01.2011 № 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2014 No. 167-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 38. The state town-planning cadaster

      1. The state town-planning cadaster shall be carried out on unified system in all territory of the Republic of Kazakhstan.
      2. An activity on maintenance of the state town-planning cadaster shall be referred to the state monopoly and carried out by the republican state enterprise on the basis of economic control rights, created by the decision of the Government of the Republic of Kazakhstan.
      Prices of goods (works, services), produced and (or) sold by the subject of the state monopoly shall be established by the authorized body in the matter of architecture, town-planning and construction in coordination of the antimonopoly body.
      3. Details of the state town-planning cadaster shall be the state information resource.
      4. Information basis of the state town-planning cadaster of higher level shall be the state town-planning cadasters of lower levels.
      Footnote. Article 38 is in the wording of the Law of the Republic of Kazakhstan dated 21.01.2014 No. 167-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 39. The state town-planning cadaster of regional (city of republican significance, the capital) and basic level

      Footnote. Article 39 is excluded by the Law of the Republic of Kazakhstan dated 21.01.2014 No. 167-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 40. Monitoring of objects of architectural, town-planning and construction activity and state town-planning cadaster

      1. The state town-planning cadaster shall be carried out on unified system of collection, processing, recording, registration, storage and provision of information for the Republic of Kazakhstan, on objects of architectural, town-planning and construction activity, established by the Government of the Republic of Kazakhstan.
      2. Sources of background information (details) for the state town-planning cadaster shall be:
      1) central and local executive bodies, territorial bodies of management of the state-owned property and privatization, land resources, geodesy and cartography;
      2) services of registration, technical inventory and real-estate evaluation;
      3) services of sanitary and epidemiological supervision, protection of environment and natural resources;
      4) supervisory services for the protection and use of objects of historical and cultural heritage;
      5) data of the land, water and other industry cadasters, registers, and other data banks.
      Footnote. Article 40 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 11.12.2006 No. 204 (shall be enforced from the date of its official publication); dated 19.03.2010 No. 258-IV.

Chapter 8. Town-planning development designing and building of territories

Article 41. Town-planning regulations

      1. Town-planning regulations of the use of building and constructions, as well as any changes in their state upon maintenance of the state town-planning cadaster shall be specified by types, kinds and characteristics of preferences, prohibitions, restrictions and other regimes, being in force within established period.
      Sources of regulations shall be the town-planning and architectural-construction documentation, approved according to the procedure, established by the legislation.
      2. Classifiers of the state town-planning regulations and their indices shall be established on the republican and local levels in accordance with the legislation of the Republic of Kazakhstan.
      3. A system of the state regulations for the maintenance of the state town-planning cadaster shall provide their following types:
      1) appointment and (or) change of functional use of territory and real property, linked with it, upon carrying out architectural, town-planning and construction activity;
      2) intensity of development and arrangement (building) of territory and inhabited localities;
      3) ensuring a balance of development and arrangement (building) of territory and inhabited localities;
      4) impact of arrangement (building) of territory and inhabited localities on the environment.
      4. Appointment and (or) change of functional use of territory and real property, linked with it, upon carrying out architectural, town-planning and construction activity shall be implemented in the town-planning regulations of the following types:
      1) functional purpose and (or) change of territory;
      2) functional purpose of newly constructed and reconstructed buildings and construction;
      3) change of functional use of existing buildings and constructions.
      5. Development and arrangement (building) of territories and inhabited localities in consequence of carrying out of architectural, town-planning and construction activity shall reflected in the town-planning regulations of the following types:
      1) scales of reclaimed territories;
      2) prohibitions, permits and restrictions on certain types of architectural, town-planning and construction activity for this territory;
      3) external forces on the territory in the result of carrying out of architectural, town-planning and construction activity;
      4) regimes of development and changes of territory or real estate properties in the result of carrying out of architectural, town-planning and construction activity;
      5) formation of planning of structure and architectural look of inhabited locality or its part;
      6) formation (improvement) of social, recreational, transport and engineering infrastructure of inhabited locality or its part.
      6. A balance of development of territory and inhabited locality shall be provided by the town-planning regulations of the following types:
      1) resource conditions of development of territories and objects;
      2) environmental conditions of territories and inhabited localities;
      3) engineering conditions of life support of population.
      7. Impact of arrangement (building) of territories and inhabited localities on the environment shall be regulated by the town-planning regulations of the following types:
      1) arrangement of environmentally and sanitary sensitive installations;
      2) arrangement of objects, representing man-triggered hazard;
      3) arrangement of environment of a person relatively to the sources of natural hazards;
      4) sanitary, fire-prevention and other compulsory requirements;
      5) engineering and transport conditions.
      8. Details of town-planning regulations shall subject to inclusion into the state town-planning cadaster.
      Footnote. Article 41 as amended by the Law of the Republic of Kazakhstan dated 10 January, 2006 N 116 (the order of enforcement see Article 2 of the Law No. 116).

Article 42. General scheme of the territory of the Republic of Kazakhstan

      1. Organization of territory and siting of labour forces on its space shall be carried out in accordance with decisions, adopted in the general scheme of organization of territory of the Republic of Kazakhstan.
      2. General scheme of organization of territory of the Republic of Kazakhstan shall include:
      1) basic principles of settlement and siting of labour forces in accordance with provisions of strategic and economic planning;
      2) main provisions of rational use of natural resources and economic activity, development of industrial, transport, engineering, social and recreational infrastructure of republican significance;
      3) basic measures on improvement of environmental setting in regions, preservation of territories with objects of historical-cultural heritage and (or) protected landscape objects;
      4) types of use or restrictions on the use of territory of special protection, territories of bedding of mineral resources, submitted to action of hazard (harmful) phenomena and processes of natural and man-triggered character or extreme natural climatic conditions for carrying out of architectural and town-planning activity;
      5) suggestions on territorial transport planning and organization of road traffic.
      3. General scheme shall:
      1) ensure the state regulation of system of settlement and siting of labour forces;
      2) establish the status, purpose and pattern of use of territories in recognition of administrative-territorial system of the Republic of Kazakhstan;
      3) coordinate interregional and inter-industry state interests on the social and economic, economic development through the carrying out of architectural, town-planning and construction activity.
      4. Basic provisions of general scheme shall be approved by the Government of the Republic of Kazakhstan.
      5. Procedure of development and coordination of general scheme shall be established by the Government of the Republic of Kazakhstan.
      Footnote. Article 42 as amended by the Laws of the Republic of Kazakhstan dated 11.12.2006 No. 204 (shall be enforced from the date of its official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.04.2014 No. 195-V (shall be enforced upon expiry of six months after its first official publication).

Article 43. Interregional schemes of territorial development

      1. Interregional schemes of territorial development shall be developed in accordance with general scheme of organization of territory of the Republic of Kazakhstan and shall serve for mutually coordinated (consolidated) architectural, town-planning and construction activity in the territories of two or more regions (or their parts), as well as social and economic or ecological districts without regard to boundaries of administrative-territorial entities and shall determine:
      1) zoning of planned territory;
      2) town-planning reclamation and development of territory;
      3) measures on integrated development of system of settlement and siting of labour forces, industrial, transport, engineering, social and recreational infrastructure of regional and interregional significance;
      4) measures on rational use of natural resources, provision of resources, environmental protection;
      5) measures on territorial transport planning and organization of road traffic.
      2. Interregional schemes of territorial development shall be developed by order of the authorized state body in the matter of architecture, town-planning and construction jointly with local executive bodies.
      3. Procedure of development and coordination of interregional scheme of territorial development shall be established by the Government of the Republic of Kazakhstan.
      Interregional scheme and measures on its implementation shall be approved by the Government of the Republic of Kazakhstan.
      4. Interstate scheme of regional development, designed on the basis of international treaties, ratified by the parties and approved by the interested parties shall be the basis for mutually coordinated (consolidated) architectural, town-planning and construction activity in the territories of the Republic of Kazakhstan and adjacent foreign states.
      Procedure of development, coordination and approval of interstate schemes of regional development, as well as adoption of measures to support their implementation on the part of participating states shall be established in accordance with international treaties.
      Footnote. Article 43 as amended by the Law of the Republic of Kazakhstan dated 17.04.2014 No. 195-V (shall be enforced upon expiry of six months after its first official publication).

Article 44. Complex schemes of town-planning designing of territories

      1. Organization (development, arrangement, building) of territory of separate regions (region or its any part) shall be carried out on the basis of complex scheme of town-planning designing of territory.
      Complex schemes shall be developed in accordance with general scheme of organization of territory of the Republic of Kazakhstan and relevant interregional scheme of territorial development.
      2. Complex schemes of town-planning designing of territory shall determine the purposes of the state town-planning policy in recognition of social and economic, industrial and economic, natural climatic conditions in the territory of this region, its zoning, as well as shall establish the basic directions:
      1) improvement the system of settlement;
      2) development of inhabited localities, industrial, transport, engineering, social and recreational infrastructure;
      3) protection of territories from hazard (harmful) impacts of natural and human-triggered, man-triggered phenomena and processes;
      4) improvement of environmental setting by the town-planning tools and methods;
      5) preservation of objects of historical-cultural heritage and (or) protected landscape objects.
      Functional zoning of territories and intensity of their use shall be determined in recognition of restrictions on the use of territories.
      3. Complex schemes shall contain suggestions on establishment of boundaries of inhabited localities in this region, suburban zones, provision of resources for the complex development of territory, including reserved area.
      4. Procedure of development and coordination of complex schemes of town-planning designing of territories of regions and measures on their implementation shall be established by the Government of the Republic of Kazakhstan.
      5. Approval of complex schemes of town-planning designing of territories of regions shall be carried out in the manner established by this Law and other legislative acts of the Republic of Kazakhstan.
      Footnote. Article 44 as amended by the Law of the Republic of Kazakhstan dated 11 December, 2006 No. 204 (shall be enforced from the date of its official publication); от 17.04.2014 No. 195-V (shall be enforced upon expiry of six months after its first official publication).

Article 45. Territory of inhabited localities

      1. Territory shall make spatial basis of urban and rural settlements within the boundaries (lines of inhabited locality), established on the surface of the earth and (or) water surface.
      2. Underground and air space within the boundaries (lines) of inhabited locality is under the jurisdiction of local executive bodies, unless otherwise provided by the legislative acts of the Republic of Kazakhstan.
      3. Regime and procedure of the use of territories of inhabited localities shall be determined in accordance with zoning, established by approved town-planning documentation.

Article 46. The boundary (line) of inhabited localities

      1. The boundary (line) of inhabited locality shall determine its territory (town-planning space) and shall be established (changed) on the basis of approved master plan of this settlement in the manner established by the legislative acts of the Republic of Kazakhstan.
      2. Composition, content and procedure of development of projects of boundaries (lines) of inhabited localities shall be determined in accordance with regulatory legal acts, state standards, other documents of an authorized state body in the matter of architecture, town-planning and construction.
      3. Projects of boundaries (lines) of largest, major and big cities may be developed in the composition of complex schemes of town-planning designing of region.
      Projects of boundaries (lines) of cities of republican significance, as well as other cities with population of over one hundred thousand inhabitants shall be coordinated with an authorized state body in the matter of architecture, town-planning and construction.
      4. Projects of boundaries (lines) of medium and small cities, urban-type villages, as well as rural settlements may be developed and coordinated in the composition of master plans of specified inhabited localities.

Article 47. Master plans of inhabited localities

      1. Development and building of territories of inhabited localities shall be carried out on the basis of master plans, approved in accordance with established procedure.
      2. Master plans of inhabited localities shall be the main town-planning document, determining a complex planning of development of city, rural settlement, village or other settlement and developed in accordance with the approved general scheme of organization of the territory and complex scheme of town planning designing of regions.
      Inhabited localities with population of over five thousand people shall be provided by current master plans, approved in accordance with established procedure.
      Inhabited localities with a population of up to five thousand people may have a scheme of development and building of this settlement (simplified version of master plan), approved in accordance with the established procedure as the basic town-planning document. Composition, content, procedure of development and coordination of development schemes and building of small inhabited localities shall be determined by the authorized state body in the matter of architecture, town-planning and construction.
      3. Mater plans shall be determined by:
      1) basic directions of development of territory of inhabited locality, including social, recreational, industrial, transport and engineering infrastructure, in recognition of natural and climatic, prevailing and predictable demographic socio-economic conditions;
      2) functional zoning and restriction for the use of territories of these zones;
      3) correlation of built and unbuilt territories of inhabited locality;
      4) zones of preferential condemnation and acquisition of land, reserved areas;
      5) measures on protection of territories from hazard (harmful) impacts of natural and human-triggered phenomena and processes, environmental improvement;
      5-1) basic directions on development of transport section of master plan, including the complex transport scheme, general scheme of street and road network and complex scheme of traffic management;
      6) other measures on ensuring of sustained development of inhabited locality.
      4. Master plan of development of inhabited locality, having historical and town-planning value shall be developed in recognition of historical and architectural basic plan and attended by the projects of zone of historical building and monuments conservation.
      5. Master plan of inhabited locality is valid until approval of new master plan or approval of changes in the current master plan in a part, not contradicted to the legislation and rules of building.
      Footnote. Article 47 as amended by the Laws of the Republic of Kazakhstan dated 11.12.2006 No. 204 (shall be enforced from the date of its official publication); by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.04.2014 No. 195-V (shall be enforced upon expiry of six months after its first official publication).

Article 48. Zoning of territories of inhabited localities

      1. Master plans (schemes of development and building) of inhabited localities shall provide zoning of their territories, determine the type of the use of specific area, separate functional zones, establish restrictions on their use and ensure:
      1) positive environment and life activity of person;
      2) prevention of excessive concentration of population and industry;
      3) protection from pollution of environment, including specially protected natural sites;
      4) protection of the territory, having the status of historical and cultural heritage;
      5) protection of territory from hazard (harmful) impacts of human-triggered, man-triggered processes and emergency situations;
      6) reduction of unwanted impacts of natural phenomena.
      2. Data on restrictions for the use of territories of established functional zones and types of their use shall be included into the rules of building of territories.
      3. The following types of functional zones may be established depending on the role in the administrative-territorial system, socio-economic conditions and production and economic specialization in the territories of cities and rural settlements:
      1) residential zones;
      2) social (social and business) zones;
      3) recreational zones;
      4) zones of engineering and transport infrastructure;
      5) industrial (processing) areas;
      6) zones of agricultural use;
      7) zones of special purpose;
      8) zones of regime territories;
      9) suburban zones;
      10) sanitary protection zones;
      11) reserved areas (town—planning resources).
      Footnote. Article 48 as amended by the Law of the Republic of Kazakhstan dated 11 December, 2006 No. 204 (shall be enforced from the date of its official publication).

Article 49. Residential zone

      1. Residential zone of inhabited locality shall be intended for building by multi-compartment buildings (houses) with equipped building surrounding grounds and free-standing residential buildings with garden plots.
      2. Residential zone shall be provided by free standing and (or) the objects of medical service, social, cultural and educational significance, built in residential building (or adjacent to), objects of engineering and transport infrastructure.
      2-1. Residential zone shall be provided by parking and parking lots for transport vehicles, required parking area in accordance with the number of apartments, and children's and sports playgrounds.
      3. Arrangement of hotels, ground and underground garages, open parking of motor vehicles, as well as industrial facilities, arrangement and activity of which have an impact on environment, requiring facility of sanitary protection zones shall be allowed in the residential zone.
      4. A territory of horticultural and garden societies, placed within the boundaries (lines) of inhabited locality in particular cases may be referred to the residential zones.
      Footnote. Article 49 as amended by the Law of the Republic of Kazakhstan dated 17.04.2014 No. 195-V (shall be enforced upon expiry of six months after its first official publication).

Article 50. Social (social and business) zone

      1. Social (social and business) zone of inhabited locality shall be intended for arrangement of administrative, research and social institutions and their complexes, hotels and hotel complexes, centers of business and financial activity, objects of culture, education, health care service, sport, commercial activity, trade and public catering, domestic services, open parking transport upon specified objects, ground and underground garages, other buildings and constructions, not requiring special measures on sanitary and environmental protection.
      2. Residential buildings (houses) may be included in the list of objects, allowed to the arrangement in the social (social and business) zone.

Article 51. Recreational zone

      1. Recreational zones in the inhabited localities shall be intended for organization and arrangement of resting places of population and include the gardens, forest parks, parks and squares, zoo parks, storages of water, beaches, water parks, objects of landscape architecture, other places of rest and tourism, as well as buildings and constructions of leisure and (or) health-improvement significance.
      2. Protected natural features, located within the boundaries (lines) of inhabited locality may be included in the recreational zone.
      3. Arrangement (construction) of new and extension of current industrial, communal and storage facilities, buildings and constructions of housing and civil purpose, not directly associated with functioning of recreational zone shall not be allowed in the territory of recreational zone.

Article 52. Zones of engineering and transport infrastructure

      1. Zones of engineering and transport infrastructure of inhabited locality shall be intended for arrangement and functioning of services and constructions of transport and communication, main pipelines, networks of engineering support, technical equipment.
      Prevention it from harmful (hazard) impact shall be provided by observance of necessary discontinuities until residential areas (plots) and objects of housing and civil purpose, as well as other compulsory requirements and restrictions in accordance with the state standards and rules. Services and constructions, making a direct adverse impact on human health and living environment upon operation shall be arranged outside inhabited localities.
      2. A territory of objects of engineering and transport infrastructure in the designated boundaries shall be comfortable in recognition of technical and operational characteristics of specified objects. Obligations on creation of living environment and maintenance of territories shall be assigned to the owners of objects.

Article 53. Industrial (processing) areas

      1. Industrial (processing) areas (districts) of inhabited locality shall be intended for arrangement of industrial enterprises and their complexes, other processing, communal and storage facilities, ensuring the functioning of engineering and transport infrastructure. In the particular instances arrangement of domestic premises shall be allowed in the industrial areas for residence of emergency teams of this enterprise.
      2. Placement of industrial (communal, storage) objects, as well as objects of engineering and transport infrastructure in the residential areas shall be allowed only in the cases, when their arrangement and functioning shall not present a threat to population, not make a harmful environmental impact and not require facilities of sanitary protection zone. In other cases a sanitary protection zone, separating industrial area from other shall be provided.
      3. Obligations on creation of living environment and maintenance of industrial zone, as well as territories of industrial facilities, located in the residential areas shall be assigned to the owners of objects.

Article 54. Zones of agricultural use in the inhabited locality

      1. Zones of agricultural use within the boundaries (lines) of inhabited locality shall be intended for farming and may be used until the moment of the change of type of its use in accordance with approved master plan of inhabited locality and rules of building.
      2. In the cases, if arrangement and functioning of zone of agricultural use may have an adverse impact to population or environment shall be provided a sanitary protection zone.
      3. Obligations on maintenance of zones of agricultural use (if it is necessary recultivation of land) shall be assigned to the land-user, unless otherwise provided by the legislation of the Republic of Kazakhstan.

Article 55. Zones of special purpose

      1. Arrangement of zone of special purpose, allocated for cemeteries, crematoriums, animal burial sites (biothermal pits), refuse tips of domestic wastes, enterprises on primary trash processing (waste), treatment facilities, other objects, functioning of which inconsistently with functioning of other zones of inhabited locality shall be allowed within the boundaries (lines) of inhabited locality.
      2. Necessity of facility of sanitary protection zones, separating the specified objects from residential and recreational areas, objects of infrastructure of inhabited locality shall be established by the legislation of the Republic of Kazakhstan.
      3. Obligations on maintenance of the zone of special purpose shall be assigned on the owner of enterprise (land-user), unless otherwise provided by the legislation of the Republic of Kazakhstan.
      Footnote. Article 55 as amended by the Law of the Republic of Kazakhstan dated 17.01.2014 No. 165-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 56. Zones of regime territories

      1. Special zones of regime territories, as well as other territories of special regulation in the inhabited localities or out of their bounds shall be provided for arrangement of military and other objects, in relation of which a special regime is established.
      A territory, within the inhabited localities and out of their bounds, intended for arrangement of protected objects shall be the zones of regime territories.
      2. Procedure of use of zones of regime territories shall be established by the Government of the Republic of Kazakhstan in accordance with the state standards, unless otherwise provided by the legislative acts of the Republic of Kazakhstan.
      Footnote. Article 56 as amended by the Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 57. Suburban zones

      1. Suburban zones shall include the lands, adjacent to the boundary (line) of city, intended for development of territory of this city, other inhabited localities, including in the suburban zone, as well as exercising of sanitary protection functions, arrangement of resting places of population, horticultural and garden societies.
      2. Establishment of boundaries of suburban zones shall be carried out on the basis of approved town-planning documentation in accordance with this Law and lend legislation of the Republic of Kazakhstan.

Article 58. Sanitary protection zone

      1. Appropriate sanitary protection zone shall be provided in the cases, when arrangement and functioning of industrial, communal and storage objects, as well as objects of special purpose may constitute a threat to population and (or) make a harmful environmental impact. Parameters and requirements shall be established by the technical regulations on industrial safety of functioning of specified objects, as well as state standards in the field of sanitary and epidemiological welfare of population and animal life, environmental protection, architecture, town-planning and construction, in the scope of civil protection depending on purpose of sanitary protection zone.
      2. Arrangement (construction) of residential buildings, organizations of education, institutions of health care and leisure, sports and health buildings, including arrangement of horticultural and market-gardening land plots, as well as production of agricultural products shall not be allowed in the sanitary protection zone, depending on its parameters and implements.
      3. Obligations on maintenance of sanitary protection zone shall be assigned to the owners of objects, for which it is intended.
      Footnote. Article 58 as amended by the Law of the Republic of Kazakhstan dated 29.12.2006 No. 209 (the order of enforcement see Article 2); dated 10.07.2009 No. 180-IV; dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 59. Reserved areas

      1. Reserved areas shall be the town-planning resources, intended for development of inhabited localities or development (arrangement) of intersettlement territories.
      2. Reserved territories (town-planning resources) shall be determined and approved in the composition of complex schemes of town-planning designing of territories and master plans of inhabited localities and their functional zones.
      3. Territories, determined by the town-planning resources of inhabited locality shall subject to reservation and shall be used only in accordance with their purpose according to development of inhabited localities and their parts.
      4. Reserved territories may be used for purposes of not provided by approved town-planning documentation, if a method and regime of such use shall not prevent to the planned prospective development of inhabited locality or its part.
      5. Use of reserved territories in the boundaries of zones of special town-planning regulation shall be carried out in accordance with regime, established for specified zones.
      6. Temporary use of reserved territories shall be carried out in the manner established by the government of the Republic of Kazakhstan.

Chapter 9. Town-planning and architectural-construction documentation

Article 60. Project (design and estimate) documentation

      1. Construction (reconstruction, restoration, expansion, technical re-equipping, modernization, capital repair) of objects and their complexes, as well as laying of services, land use engineering, creation of living environment and planting shall be carried out on the project (design and estimate) documentation, developed in accordance with detailed plans, housing project, carried out on the basis of master plan of inhabited locality (or their substitutional scheme of development and building of inhabited localities with population of up to five thousand people).
      Construction without project (design and estimate) documentation or on simple sketch plans shall be allowed in the cases, provided by paragraph 2 of this Article.
      Simultaneous development of preliminary design and project (design and estimate) documentation shall be allowed on the objects of international specialized exhibition in the territory of the Republic of Kazakhstan.
      1-1. In the case of construction (expansion, modernization, technical re-equipping, reconstruction, restoration, capital repair) of objects and their complexes without project (design and estimate) documentation or on project (design and estimate) documentation, not undergone an examination in accordance with the established procedure, construction installation works shall be suspended in accordance with the Code of the Republic of Kazakhstan on administrative infractions.
      Renewal of construction installation works shall be carried out only upon availability of relevant project (design and estimate) documentation, undergone an examination in accordance with the established procedure.
      2. Without project (design and estimate) documentation or on sketches (sketches plans), a costumer (owner) by agreement with local executive bodies of city of republican significance, the capital, districts (cities of regional significance) may carry out:
      1) construction of free-standing residential buildings, except for construction in the zones of increased seismic hazard or with other special geologic (hydrogeological) and geotechnical conditions, requiring special project decisions and measures on their implementation;
      2) erection of temporary constructions, located on the own garden plots or plots of garden and truck societies, as well as residential and (or) household premises for seasonal works and distant-pasture cattle rearing;
      3) reconstruction (replanning, re-equipment) of residential and non-residential premises (houses), not requiring allocation of additional land plot (cutback of territory), unlinked with any changes of bearing structures, engineering systems and services, not deteriorated architectural-aesthetic, fire-prevention, blast resistant and sanitary quality, not making an adverse impact on the environment upon operation;
      4) changes of other technically simple structures, intended for private use of citizens.
      Decision on assignment to the category of technically simple changes of premises or constructions, specified in subparagraphs 3) and 4) of paragraph 2 of this Article shall be adopted by local executive bodies of city of republican significance, the capital, districts (cities of regional significance).
      Erection of household additional buildings to the existing constructions on their own garden plots, plots of garden and truck societies (associations), their creation of living environment, as well as rigging up of mobile complexes of container and modular construction on these plots may be carried out without coordination with local bodies of architecture and town-planning, if specified objects not affect the interests of other persons or state.
      3. Design level shall be established by the task for development of project (design and estimate) documentation for construction in accordance with regulatory requirements, approved by the authorized state body in the matter of architecture, town-planning and construction.
      4. Procedure of development and coordination, compulsory composition and content of preliminary design and project (design and estimate) documentation shall be established by the state standards, approved by the authorized state body in the matter of architecture, town-planning and construction.
      5. Procedure of approval, as well as introduction of amendments to the approved preliminary design and project (design and estimate) documentation shall be determined by this Law and other regulatory legal acts of the Republic of Kazakhstan.
      6. Rules and procedure of conducting of contractor’s works upon implementation of project (design and estimate) documentation shall be established in accordance with Civil Code of the Republic of Kazakhstan.
      7.Project (design and estimate) documentation, on which construction is not started during three and more years after its termination shall be considered as obsolete and may be used for implementation only after execution of a new examination and re-confirmation in the manner established by the legislation.
      Pre-project documentation, on which a design and estimate documentation is not developed and approved during three years after its approval shall be considered as obsolete and may be used for implementation only after execution of a new examination and re-confirmation in the manner established by the legislation of the Republic of Kazakhstan.
      8. Inclusion of preliminary design and project (design and estimate) documentation to the composition of national fond, title guarantees to the specified documents, as well as rights of use and restriction on their use shall be established in accordance with the legislation of the Republic of Kazakhstan.
      9. Preliminary design and (or) project (design and estimate) documentation, executed by the foreign legal entities or individual specialists for territory development and (or) construction in the territory of the Republic of Kazakhstan, except for preliminary design and (or) project (design and estimate) documentation on the objects of international specialized exhibition in the territory of the Republic of Kazakhstan shall be developed on conditions and by stages of pre-project and project works, in the composition and volume of project (design and estimate) documentation, established by this Law, state standards and task for development, unless otherwise provided by the international treaty, ratified by the Republic of Kazakhstan.
      Departure from this rule shall be allowed by decision of customer (investor) upon fulfilment the following compulsory conditions in total by the costumer (investor):
      1) observance of standards of fire and explosion safety, reliability of structures, stableness of functioning of object and labour protection, established by the legislation and state regulatory documents of the Republic of Kazakhstan, which shall be approved by the state expertise of projects;
      2) provision supplier of goods (works and services) with information, necessary for them in accordance with the legislation of the Republic of Kazakhstan and state regulatory documents.
      Footnote. Article 60 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 10.07.2009 No. 180-IV; dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.12.2013 No. 151-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2014 No. 167-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 61. Town-planning projects

      1. Spatial organization of settlement and siting of labour forces in the territory of the Republic of Kazakhstan and separate regions, development and arrangement of intersettlement territories, planning of development and building of territories of inhabited localities, including the areas of their influence or separate parts of inhabited locality shall be carried out in an integrated manner on the basis of town-planning projects.
      2. Observance of town-planning decisions, established by approved town-planning projects is compulsory upon preparation conditions of holding of competitions (tender procedures, tenders) for planning and construction, design assignments (including architectural planning assignment) and development of architectural projects and construction projects.

Article 62. Architectural project

      1. Architectural project as individual project of creation of construction (monument), as well as a part of project (design and estimate) documentation for construction shall contain architectural and artistic, compositional and space-planning decision, considering in an integrated manner social, economic, functional, engineering, technical, fire-prevention, blast resistant, sanitary and hygienic, environmental requirements, as well as requirements on energy efficiency and other requirements to the object in volume, necessary for development of construction project or other documentation for construction.
      2. Architectural project shall be developed:
      1) on the basis of design assignment, approved by customer (investor), and materials at the choice of area (line of route), results of engineering investigations, technical conditions of engineering support of object;
      2) in accordance with approved town-planning projects and pre-project documentation;
      3) in accordance with architectural planning assignment of local bodies of city of republican significance, the capital, districts (cities of regional significance);
      4) on objects of international specialized exhibition in the territory of the Republic of Kazakhstan in accordance with architectural planning assignment, issued by the legal entity, created by the decision of the Government of the Republic of Kazakhstan and carrying an activity on organization and conducting of international specialized exhibition in the territory of the Republic of Kazakhstan.
      Simultaneous development of architectural project and pre – project documentation shall be allowed on the objects of international specialized exhibition in the territory of the Republic of Kazakhstan.
      3. Observance of decisions of architectural project upon development of construction project is compulsory.
      Changes of architectural projects may be made with consent of the author (authors) or its (their) participation. If by this there are departures from requirements of architectural and planning assignments, it requires coordination with the body that issued it.
      4. In case of necessity of simplification of development of project documentation for construction (reconstruction, replanning, re-equipping) of technically simple objects, an architectural project may be carried out in the form of sketch (sketch plan) in accordance with architectural and planning assignment.
      Decision on assignment of design project to the category of technically simple shall be adopted by local executive bodies of city of republican significance, the capital, districts (cities of regional significance).
      Footnote. Article 62 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 13.01.2012 No. 542-IV (shall be enforced upon expiry of six months after its first official publication); dated 03.12.2013 № 151-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 63. Project of construction

      1. Project (design and estimate documentation) of construction of new buildings and structures, their complexes, engineering and transport services shall contain town-planning reasonableness of object location, economical, architectural, relating to spatial planning, functional, technological, constructional, engineering, environmental activity, energy-saving and other decisions in volume, necessary for conducting construction and completion of object.
      The projects of construction shall also include design and estimate documentation, made on the basis of results of conducted technical investigation and intended for:
      1) capital repair of existing objects or restoration of buildings and structures, not relating to the historical and cultural monuments;
      2) reconstruction, expansion, modernization or technical re-equipping of operated objects;
      3) post-utilization of dismantled objects, worn out, except for the demolition of damaged buildings and structures;
      4) conservation (depreservation) of incompleted projects, the construction of which was suspended.
      2. Project decisions and indices of project of construction, approved in the manner established by the legislation, are compulsory upon its implementation.
      3. Project of construction shall be developed:
      1) on the basis of design assignment, approved by customer, materials at the choice and allocation (permit to use) of land plot (area, line of route), technical conditions of engineering and communal ensuring of object, results of engineering investigations, other basic data, including results of pre-project activity of customer;
      2) in accordance with approved justification of investments in construction (feasibility study, technical and economic estimate) in accordance with established procedure, and where necessary with a list of constructional materials, products, constructions, technical equipment and facilities, applied in a project, agreed with a master builder;
      3) in accordance with architectural planning assignment of local executive bodies of city of republican significance, the capital, districts (cities of regional significance);
      4) on the objects of international specialized exhibition in the territory of the Republic of Kazakhstan in accordance with architectural planning assignment, issued by legal entity, created by decision of the Government of the Republic of Kazakhstan and carrying out an activity on organization and conducting of international specialized exhibition in the territory of the Republic of Kazakhstan.
      Simultaneous development of project of construction and pre – project documentation shall be allowed on the objects of international specialized exhibition in the territory of the Republic of Kazakhstan.
      Original documentation for development of project of construction shall correspond to decisions, adopted in it upon availability of approved town-planning and (or) architectural projects.
      4. In the cases, provided by paragraph 4 of Article 62 of this Law, a sketch (sketch plan) shall be a project of construction.
      5. Procedure of introduction of amendments in the approved project of construction in the course of construction installation works shall be established by the state construction standards and rules on maintenance of the state, architectural and technical supervisions, approved in accordance with established procedure by the authorized state body in the matter of architecture, town-planning and construction.
      Footnote. Article 63 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 10.07.2009 No. 180-IV; dated 13.01.2012 No. 542-IV (shall be enforced upon expiry of six months after its first official publication); dated 03.12.2013 No. 151-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 64. Projects appraisal

      Footnote. Article 64 is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Chapter 9-1. Projects appraisal

      Footnote. Section 2 is supplemented by chapter 9-1 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 64-1. Projects appraisal in the field of construction and town-planning designing of territories

      1. Complex non-departmental examination of projects in the field of construction of objects shall be conducted by the expert organizations and carried out by the experts, certified on the relevant sections (parts) of technical-and-economic assessment or design and estimate documentation.
      Complex town-planning examination of projects in the field of town planning designing of territories shall be conducted by the expert commissions or expert groups, in the composition of which the experts, certified on the relevant sections (parts) of town-planning projects are included.
      Favorable expert conclusions shall be the basis for approval of consideration of projects.
      2. The compulsory examination shall include:
      1) projects of town-planning designing of development and building of territories, that require a complex town-planning examination and subject to approval by the Government of the Republic of Kazakhstan or local representative bodies;
      2) technical-and-economic assessment, design and estimate documentation, intended for construction of buildings and structures, their complexes, engineering and transport services, financed at the expense of budget funds or with their participation, as well as erected without participation of budget funds, but providing the share of state-owned property, established in a legislative procedure, in the amounts of released products or provided services, as well as means of non-state loans under the state guarantee or warranty of the state.
      3. On the objects and complexes, which shall be provided to project and build in phases, the complex non-departmental examination of projects may be carried out on the relevant phases of development of this project in the regime of expert support.
      Procedure of carrying out or expert support shall be established by the state regulations, approved by the authorized body in the matter of architecture, town-planning and construction.
      4. Projects of construction of technically simple objects, financed without participation of budget funds or other forms of the state investments shall not subject to the compulsory examination on the following objects:
      1) free-standing residential buildings, made by persons, having a license in accordance with architectural planning assignment of local executive bodies of cities of republican significance, districts (cities of regional significance). This requirements shall not be distributed to individual housing construction in the capital of the Republic of Kazakhstan;
      2) temporary constructions, dwelling and welfare spaces for seasonable works and distant-pasture cattle rearing;
      3) household buildings in the territory of individual garden plots, as well as on the plots of garden and truck societies (associations);
      4) creation of living environment on the household and garden plots, not requiring change of existing utility services;
      5) mobile complexes of container and modular construction, as well as single story buildings (constructions) for trade enterprises, public catering and domestic services, raised from temporary structures and not requiring coordination with sanitary and epidemiological services;
      6) open parking area with the amount of cars not more than fifty units, as well as garages with footlockers no more than two cars;
      7) replanning (re-equipment) of premises of nonproduction appointment, carried out in the existing buildings and not requiring the change of bearing constructions;
      8) protection of utility services from electrocorrosion;
      9) capital repair of line utility services and structures on them, not requiring the change of position, marks of foundation, pipe diameter;
      10) small architectural forms and boundaries of territories;
      11) open sports areas, pavements, paving around buildings (constructions);
      12) capital repair and change of units of technological or engineering equipment, on which technological resource is depleted, and not requiring reconstruction or reprofiling of enterprise (shop);
      13) reconstruction (replanning, re-equipment) of residential and non-residential premises in the dwelling houses (residential buildings), executed by persons, having a license, and not requiring allocation of additional land plot (cutback of territory), not reducing design strength of the structure, not deteriorating architectural and aesthetic, fire-prevention, blast resistant and sanitary quality, not having damage effect on environment upon operation, on which there is a relevant record of the author of the project (chief engineer of project, chief architect of a project);
      14) other technically simple structures, intended for personal use by owners.
      On the specified projects the complex non-departmental examination may be conducted only at the discretion of customer.
      5. Upon repeated application of approved individual construction projects, as well as binding of operating model projects, intended for the mass construction, on which the favorable conclusions of industrial and complex non-departmental examinations were previously issued, repeated industrial examinations shall not be conducted, but in terms of binding of these projects to the specific locality and conditions shall conduct the complex non-departmental examination.
      6. Approval and further implementation of constriction projects (technical-and-economic assessment, design and estimate documentation), subject to the compulsory complex non-departmental examination shall not be allowed without its favorable conclusion.
      7. Customer of construction projects (technical-and-economic assessment, design and estimate documentation) shall be a customer of expert works on this project. In the cases, provided by the legislation of the Republic of Kazakhstan on the state procurement, organization and holding of separate competitions for the development and examination of construction projects shall include in the responsibility of customer. Separate competitions shall be conducted in terms, excluding breaks between production of project and its presentation to the expert organization, determined as the winner by this time based on the results of held competition.
      8. Customer of projects, subject to the complex non-departmental examination, but not relating to the state monopoly and not being a subject of the state procurement shall have a right to choose of any accredited expert organization at its own convenience for execution of an examination.
      9. Customers shall be obliged to present complete set of documents, provided by the state regulations for execution of complex non-departmental examination. A customer shall bear responsibility for reliability of documents, presented for execution of examination.
      10. Expert organizations shall create the expert commissions (expert groups), as well as engage the specialists (specialized institutions and organizations), as well as foreign experts, having the documents to the right to engage in expert activity, issued by the relevant body of the foreign state.
      Inclusion of specialists, directly or indirectly participated in the preparation and (or) development of projects under consideration or being representatives of project organizations, developed them, in the composition of expert commissions (expert groups), as well as involvement for other form of participation in the complex non-departmental examination of projects shall not be allowed.
      11. Customers and projectors, as well as experts and expert organizations in the cases of violation of one of the parties of the procedure of maintenance or summarizing the results of complex non-departmental examination of projects shall have a right to apply to the authorized body in the matter of architecture, town-planning and construction with substantiation of this application.
      In the case of disagreement of conducted complex non-departmental examination, a customer may appeal conclusion of experts in a judicial procedure.
      12. An examination shall be also conducted in the case of revelation by the customer of necessity of making amendments in the project (design and estimate) documentation, related with unsatisfactory developed project and previously approved by the examination and (or) revealed by unwarranted departure from approved project in the course of construction.
      In this case a customer shall direct the relevant information to the authorized body in the matter of architecture, town-planning and construction.

Article 64-2. The cost and terms of conducting of complex non-departmental examination of construction projects

      1. Complex non-departmental examination of construction projects (technical-and-economic assessment, design and estimate documentation) shall be carried out on the basis of agreements, concluded by the customers of examination and expert organizations, with cost allocation to the cost of development of considered project.
      2. The cost of expert works, executed by the state expert organization, independent from the source of financing shall be determined at the prices, approved by the authorized body in the matter of architecture, town-planning and construction.
      3. The cost of expert works, executed by the accredited expert organizations shall be established in accordance with agreement between the customer and expert organization.
      The cost of expert works may not be lower than the cost, determined at the prices, approved by the authorized body in the matter of architecture, town-planning and construction by agreements, executed within the state procurement.
      4. Procedure and duration (terms) of conducting of complex non-departmental examination of technical-and-economic assessment of construction, as well as design and estimate documentation for construction shall be determined in the manner determined by the authorized body in the matter of architecture, town-planning and construction and shall be unified for all subjects of expert activity in the field of planning of objects of construction.

Article 64-3. Types of examination of projects

      1. Examination of projects shall be subdivided into the following types:
      1) examination of projects (complex non-departmental examination of technical-and-economic assessment of construction, design and estimate documentation) intended for construction shall be carried out by the accredited expert organizations or experts, having the relevant certificate;
      2. complex non-departmental examination of construction projects (technical-and-economic assessment of construction, design and estimate documentation), referred to the state monopoly;
      3) complex non-departmental examination – a compulsory examination of town-planning projects of various levels, shall be carried out by:
      expert commissions, formed by the authorized body in the matter of architecture, town-planning and construction, on the projects, approved by the Government of the Republic of Kazakhstan;
      expert groups, formed by the relevant local executive bodies on the projects, approved by the maslikhats;
      4) interstate examination of projects, presenting mutual interest for two and more participating states of relevant international agreements on planning and construction of objects and town-planning designing of adjacent border territories, carried out by the international expert commissions, created by the authorized bodies of interested states.
      2. The projects of town-planning designing of territories (town-planning projects) of different level shall undergo a complex town-planning examination in the manner established by this Code, as well as state standards in the field of architecture, town-planning and construction. Favorable conclusions of complex town-planning examination shall be the basis for approval of town-planning projects of relevant level and their further implementation.
      3. Procedure of conducting of interstate examination on the projects, affected the interests of two and more countries shall be established in accordance with international agreement.

Article 64-4. Expert activity, referred to the state monopoly

      1. The state monopoly shall include a complex non-departmental examination of:
      Note of RCLI!
      This wording of subparagraph 1) shall be enforced up to 01.01.2020 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (the order of enforcement see paragraph 4 Article 3).
      1) projects (technical-and-economic assessment, project and estimate documentation) for construction of:
      new and change of existing objects, finances at the expense of budget funds or with participation of other forms of other investments;
      new and change of existing potentially dangerous industrial buildings and structures, as well as technically and (or) technologically complete objects, their complexes, engineering and transport services, finances without participation of the state investments;
      2) estimate documentation from the composition of technical-and-economic assessment or design and estimate documentation, intended for construction of objects, financed with participation of the state investments, if on remaining parts of project, an examination is conducted by the accredited expert organization.
      2. the state expert organization, that does not have the right to engage in any other activity shall carry out the complex non-departmental examination, referring to the state monopoly.
      3. Requirements of this Article shall not be distributed to the objects of international specialized exhibition in the territory of the Republic of Kazakhstan.

Article 64-5. Accredited expert organization

      1. Accredited expert organization shall:
      conduct compulsory complex non-departmental examination of projects (technical-and-economic assessment, design and estimate documentation), intended for construction, except for the projects, provided by paragraph 1 of Article 64-4 of this Law;
      be obliged to be the members (associated members) from the date of creation of chamber.
      2. Accredited expert organization shall have a right to conduct an examination both a complete set of documents to the project as a whole, and separate sections (parts) of project with issuance of local expert conclusions in the cases, if:
      1) construction of objects shall be conducted on a phased basis on design and estimate documentation, developed on the relevant phases, accompanied by phased execution of an examination (expert support);
      2) construction of objects (complexes) shall be provided on start-up facilities and by turns;
      3) construction of line structures of engineering or transport infrastructure shall be divided into separate plots (cutting).
      Local conclusions of complex non-departmental examination on separate sections (parts) of project shall not be the basis for approval of design and estimate documentation as whole, but used in the content of summary expert conclusion. Exclusion of this requirement shall be the case, when on the basis of results of technical investigation only the development of estimate documentation is required for conducting of capital repair for the purposes of reconstruction of functional quality by replacement of worn out components or engineering systems on the object.
      3. Complex non-departmental examination of construction projects, not requiring its compulsory conducting may also conducted by accredited expert organization by decision of customer.
      4. Shall be enforced upon expiry of ten calendar days after its first official publication in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V.

Article 64-6. Experts in the field of planning of construction objects

      1. An individual shall have higher education on the relevant specialty, work experience at least five years in the field of planning on the relevant section (part) of technical-and-economic assessment or design and estimate documentation for the construction of objects and undergo attestation for obtainment of certificate for the right to engage in expert activity in the field of planning of objects of construction.
      2. Certified expert does not engage in practical expert activity during three years shall be permitted to implementation of expert activity only after undergoing of re-attestation.
      This wording of paragraph 3 shall be in force until expiry of six months from the date of entering of this Law of the Republic of Kazakhstan into force dated 29.12.2014 No. 269-V (the order of enforcement see paragraph 2 Article 3).
      3. Experts, being on the staff of accredited expert organization shall have a right to continue participation in the complex non-departmental examination of projects on previously concluded agreements individually or as a group of experts within the specializations established by their certificates.

Article 64-7. A record of accredited expert organizations and certified experts

      A record of accredited expert organizations and certified experts shall be carried out by maintenance of register.
      Register of accredited expert organizations shall contain collection of information on requisites of legal entities, date of issue and number of accreditation certificate, on existence of accredited experts in the staff, specialized on examination of different sections of projects, as well as details on adopted measures of responsibility, established by the Laws of the Republic of Kazakhstan in relation of this legal entity.
      Register of accredited experts shall contain collection of information on personal details of expert, date of issue and number of certificate, on specialization, education and work experience on profession, as well as details on adopted measures of responsibility to the expert, established by the Laws of the Republic of Kazakhstan, as well as on deprivation of certificate with recognition of expert as unconscientious.

Article 64-8. Rights, obligations and responsibility of subjects of expert activity

      1. Rights and obligations of expert organizations shall be established by this Law and their charters.
      2. Expert shall have a right to:
      1) participate in the complex town-planning examination on projects of town-planning designing of territories in the composition of expert commissions (expert groups);
      2) request and acquire the necessary materials and information from the customers and developers of section (part) of project in the manner established by the legislation of the Republic of Kazakhstan;
      3) carry out an examination on separate sections (parts) of projects according to the professional specialization, specified in the certificate, make on them the relevant parts of expert conclusion, initiate revocation by expert organization of previously issued conclusions in the cases of nonfulfillment of conditions (requirements), specified in the summaries of revoked expert conclusion by the customer. Local conclusions, made by expert on separate sections (parts) of project shall not be the basis for approval of project (design and estimate) documentation as a whole shall not be used in the content of summary expert conclusion;
      4) engage in pedagogical, scientific and (or) other creative activity.
      3. The expert shall be prohibited to:
      1) conduct an examination on projects, in participation of which this expert participated directly or indirectly or conducted with participation of husband (wife) and (or) close relatives;
      2) engage in other types of enterprise activity, related with architecture, town-planning and construction activity;
      3) be in the labor, financial and (or) other dependent relations with other subjects of architecture, town-planning and construction activity.
      4. An expert shall be obliged to:
      1) be on the staff of one of expert organizations for carrying out of professional activity;
      2) maintain confidentiality and provide official and commercial secret on considered projects, unless otherwise provided by the Laws of the Republic of Kazakhstan;
      3) have a seal with the surname, name, patronymic (in its existence), position, number of certificate and date of its issuance;
      4) systematically improve their professional qualifications;
      5) observe professional ethics.
      5. In the cases of revelation of facts of unsatisfactory conducted examination, the expert organizations and experts shall bear responsibility, established by the Laws of the Republic of Kazakhstan.
      Expert organizations shall bear responsibility in common with relevant developers of projects for substandard projects, presented for approval after conducting of examination.

Article 64-9. Independence of expert activity

      1. Experts are independent from the subjects of architecture, town-planning and construction activity in their activity.
      2. Nobody shall have a right to intervene into the work of experts or expert organizations in the course of acceptance of documentation for examination, consideration of projects, preparation and drawing up of expert conclusions on them, unless otherwise provided by the Laws of the Republic of Kazakhstan.
      3. The state bodies and organizations, as well as other subjects of architecture, town-planning and construction activity shall bear responsibility, established by the Laws of the Republic of Kazakhstan for intervention into professional activity of experts and expert organizations.

Article 64-10. Requirements to the expert organizations

      1. Expert organizations shall have at least five experts in their composition, certified by specialization, relevant to the basic sections of project.
      2. Expert organizations after their state registration shall be obliged to:
      1) obtain accreditation in accordance with the rules of accreditation of expert organizations;
      2) keep a record of date of acquisition of documents to the examination and date of issuance of expert conclusions within maintenance of record management.

Article 64-11. Professional association of accredited expert organizations

      1. An activity of chamber shall be regulated by this Law, the legislation of the Republic of Kazakhstan on noncommercial organizations and charter.
      Charging entrance fees shall not be allowed.
      2. Highest management body of chamber shall be general meeting (meeting of representatives) of its members.
      3. Executive management body of chamber shall be board of directors, elected by general meeting (meeting of representatives) of its members.
      Not less than three representatives of authorized body in the matter of architecture and town-planning and construction shall be also included in the composition of management of chamber.
      4. Functions of chamber shall include:
      1) provision, protection of rights and legal interests of their members and the state bodies of the Republic of Kazakhstan, as well as in the international organizations;
      2) accreditation of expert organizations and maintenance of register of accredited expert organizations;
      3) holding of regular courses of raising of qualification of experts;
      4) carrying-out of an analysis, generalization and expansion of good professional practice of work of experts and expert organizations;
      5) development of Code of ethics of experts and verification of its observance;
      6) other functions, provided by charter.
      5. Chamber shall place information on accredited expert organizations on their internet-resource.

Section 3. Construction

Chapter 10. The state regulation of the process of construction

Article 65. Customers and contractors

      1. The main participants of relations, related with contractor’s works in construction (including the project, survey, expert, analysis works for construction, production of construction materials, products and constructions by orders), not referring to the state procurements shall be a customer-investor of project (program) or its authorized body and contractor (general contractor).
      2. Citizens of the Republic of Kazakhstan, foreigners, and persons without citizens, domestic and foreign legal entities may act as customers of contractor’s works in construction.
      3. Individuals and legal entities (including joint enterprises), having a license for carrying out of relevant types of architectural, town-planning and (or) construction activity in the territory of the republic of Kazakhstan may be the contractors, performing contractor’s works in construction.
      Footnote. Article 65 as amended by the Law of the Republic of Kazakhstan dated 11 December, 2006 No. 204 (shall be enforced from the date of its official publication).

Article 66. Selection of a contractor

      1. Selection of a contractor by customer (investor or its authorized body) for performing contractor’s works, not referring to the state procurements may be carried out:
      1) without holding of a competition, unless otherwise provided for this project (program) by the legislation of the Republic of Kazakhstan;
      2) on the results of closed or open competition (tender procedure);
      3) with preliminary assessment of entries for participation in competition (tender procedure) or without.
      2. The main participants of competitions (tender procedures) for contractor’s works shall be:
      1) organizer (sponsor) of competitions (tender procedures) represented by customer or its authorized body, being in force on the basis of powers of customer;
      2) the judges of competition (tender commission) – permanent or temporary collegial working body of organizer (sponsor) of competition (tender);
      3) entries – allowed to participation in competition (tender procedure) of person, officially referred to organizer (sponsor) with application on intendment to participate in open competition, as well as a person, accepted an invitation to participate in the closed competition (tender procedure).
      3. At the moment of making decision on holding of competition (tender) at the selection of a contractor, as well as at the beginning of installation of project (program) a customer shall:
      1) have the necessary sources of financing or right for construction to manage of necessary amount in the period of time, required for installation of project (program). This provision shall not be in force in the case of inclusion of requirement on financing of construction by contractor in the conditions of competition (tender);
      2) have the relevant rights to the land plots (area or line of route under construction) or decision of executive body or its provision.
      4. If at the selection of contractor by conditions of competition (tender procedure) is determined that compilation of justification of investments and development of project (design and estimate) documentation is the responsibility of costumer, that at the moment of holding of competition (tender procedure) to contractor’s works a costumer shall be obliged to have justification of investments and project (design and estimate) documentation, undergone the necessary state examination and approved in accordance with established procedure.
      5. The place of organization and holding of open competition (tender procedure) at the selection of contractor shall be the territory of the Republic of Kazakhstan, unless otherwise provided by international treaties, ratified by the Republic of Kazakhstan.
      6. Procedure and conditions of competition (tender procedure) shall be determined by customer or on its instruction by organizer (sponsor) of competition, unless otherwise provided by the legislative acts of the Republic of Kazakhstan.
      7. To participate in competitions (tender procedures) shall not be allowed:
      1) individuals and legal entities, which in the manner established by the legislation is not allowed the maintenance of economic activity in the territory of the Republic of Kazakhstan;
      2) legal entities, adjudicated bankrupt;
      3) persons, being organizers (sponsors) of competition (tender procedure) or members of its judges (tender commission);
      4) not registered in the manner established by the legislation of organization.
      8. Customer or organizer (sponsor) of competition (tender procedure) and judges (tender commission) shall not have a right to request the compulsory presentation of information, being its commercial secret, from entries.
      9. Announcement of held competition (tender procedure) for the contractor’s works as accomplished and approval (recognition) by customer of any of the participants as the winner (winners) shall be the basis for conclusion of an agreement between them for execution of contractor’s works, provided by conditions of competition.
      10. Costumer, organizer (sponsor) of competition (tender procedure) for the contractor’s works and judges of competition (tender commission) for non-fulfilment or improper fulfilment of their obligations shall bear responsibility in accordance with the legislative acts of the Republic of Kazakhstan.
      11. Contractor’s works, not relating to the state procurements shall be executed on the basis of agreement, concluded between the costumer (investor of project or program) and contractor (main contractor), selected by them.
      Types and volumes of works (services), which contractor (main contractor) intends to transfer to execution to the subcontractors shall be specified in the owner-contractor agreement in a mandatory manner. Upon that the transfer to subcontract in the total of more than two-thirds value of all contractor’s works (prices of contract), provided by agreement shall not be allowed.
      12. Obligations and responsibility of customer before the contractor and contractor before the customer shall be established by the owner-contractor agreement, unless otherwise provided by the legislation of the Republic of Kazakhstan.
      13. Periods of guarantee of stable functioning of construction project after its completion, determining financial responsibility of contractor shall be established by the.
      Upon indetermination of periods of guarantee, the standard, provided by second part of paragraph 1 of Article 69 of this Law shall be applied by owner-contractor agreement.
      Footnote. Article 66 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 67. Recognition of results of competition (tender procedure) for contractor’s works as invalid

      1. Results (the choice of the winner and other results) of competition (tender procedure) for contractor’s works, held with violation of procedure and conditions, established for this competition (tender procedure) or not in accordance with the legislation may be appealed by the participant (participants) in a judicial procedure.
      2. Recognition of results of competition (tender procedure) as invalid shall entail cancellation of agreement, concluded between the customer and the winner (winners), and competition (tender procedure) shall be announced as invalid.
      3. A competition (tender procedure), announced as invalid may be held repeatedly in other terms, unless otherwise provided by the legislation of the Republic of Kazakhstan.

Article 68. Basic requirements to the construction process

      1. Procedures shall be executed and requirements, established by this Article shall be observed on the relevant stages of construction process.
      2. A customer, having intention to carry out construction of object shall be obliged to receive decision on provision of relevant right to land in the local executive bodies of districts (cities) in accordance with land legislation. An exception to this rule shall be construction to the household, suburban, garden, market-gardening plots of temporary constructions, household additional buildings and beautification features, as well as dwelling and welfare spaces for seasonable works and distant-pasture cattle rearing on the plots (territories), used by customer on the land use right, belonging to the customer on the right of ownership.
      2-1. A customer, having intention to carry out construction of objects on the lands of state forest fund, where the forest resources are provided to it in the long-term forest use for health-improvement, recreational, historical-cultural, touristic and sporting purposes; needs of hunting industry; collateral forest uses, as well as on the plots of the state natural parks and state nature reserves, provided in a long-term use for carrying out of touristic and recreational activity, shall obtain a permit to use the land plot under construction in accordance with the forest legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan in the field of specially protected natural sites.
      3. Validity of decision of local executive bodies of districts (cities) on granting relevant right to the land from the date of making decision to the beginning of construction shall be established in accordance with the land legislation of the Republic of Kazakhstan in recognition of regulatory duration of designing and approval of project in accordance with the established procedure and shall be specified in the authorization document.
      4. In the cases of impossibility of favorable decision on provision of relevant right to the land, local executive bodies of districts (cities) shall be obliged to reply by motivated refusal to the applicant (customer) with specification of regulations (provisions, conditions, restrictions, easements) of the legislation during ten business days from the date of application, in contradiction with which enters his intention to carry out this construction.
      5. Decision of local executive bodies of districts (cities), as well as permission of the authorized state body in the field of forestry management or the authorized state body in the field of specially protected natural sites on provision of relevant right to the land shall be the basis for making of assignment of the customer for the designing of planned object.
      Design assignment shall be made by the customer or its authorized body (building owner) and approved by customer.
      Design assignment shall be an integral part of agreement for execution of the assignment on development of pre-project and (or) project (design and estimate) documentation.
      Design assignment shall include required parameters of the object, other basic data.
      6. Providers of services on engineering and communal provision in the district of supposed construction on request of local executive body of region, city of republican significance, the capital, district, city of regional significance shall present technical conditions for connection to the sources of engineering and communal support in the requested (design) parameters, required for construction and stable functioning of object subsequently setting into operation.
      7. Establishing of services by provider on engineering and communal provision of object of construction of unreasonable demands on participation (share participation) of customer in expansion (reconstruction, modernization, technical re-equipping) of objects of engineering (communal) infrastructure upon issuance of technical conditions shall not be allowed.
      In the cases, when the current level of provision of engineering (communal) infrastructure of this inhabited locality or construction area shall not allow to provide services in the parameters, required by customer, the questions on the costs, related with expansion (reconstruction, modernization, technical re-equipping) of objects of infrastructure for covering of additional loadings of connected consumers shall be decided between provider (producers) and costumer (consumer) on contractual and return basis.
      8. Local executive bodies of city of republican significance, the capital, districts (cities of regional significance) (data) shall issue architectural and planning assignment on the basis of decision on provision of relevant right to the land, approved assignment on designing, technical conditions for connection to the sources of engineering support and communal services and other direct materials.
      9. Composition and volume of direct materials, necessary for issuance of architectural and planning assignment shall be established by the state regulatory documents.
      In the cases, when allocation (cutback) of a land plot is not required for construction of a new or reconstruction (replanning, re-equipment, modernization, restoration) of current object, as well as if for these purposes there is no need in connection to the sources of engineering and communal support, the relevant entry shall be made in architectural planning assignment.
      10. Project (design and estimate) documentation, developed in accordance with design assignment, architectural planning assignment and other direct materials shall undergo coordination and approval in accordance with requirements, established by the state regulatory documents.
      An examination of documentation shall be undergone in accordance with requirements, established by Article 64 of this Law.
      11. A customer shall be obliged to inform the bodies, carrying out the state architectural-building inspection, on the beginning of execution of construction installation works, to the beginning of execution of construction installation works in the manner, established by the Law of the Republic of Kazakhstan “On permissions and notifications”,
      Upon that projector shall have a right to inform on beginning of execution of construction installation works on connection of power networks to the technically simple objects.
      12. Construction process shall be accompanied by architectural-building inspection and supervision in accordance with standards of chapter 6 of this Law.
      13. An object, completed by construction shall subject to acceptance for operation in accordance with standards of chapter 11 of this Law.
      An act of acceptance of completed project for operation, approved in established procedure shall be the basis for registration of object in the state body of registration of right to immovable property.
      14. Procedure, terms of execution and issuance of documents, necessary for construction of new and change of existing objects shall be established by the rules of passing of licensing procedures for construction of new and change of existing objects, approved by the Government of the Republic of Kazakhstan.
      Footnote. Article 68 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 07.07.2006 No. 174; dated 29.12.2008 No. 116-IV (shall be enforced from 01.01.2009); dated 10.07.2009 No. 180-IV; dated 06.01.2011 No. 378-IV(shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.03.2011 No. 421-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.12.2013 No. 151-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 69. Guarantee period of operation of objects

      1. Guarantee period of operation of construction objects shall be established in accordance with Civil Code of the Republic of Kazakhstan.
      In all other cases a guarantee period shall be established depending on normative period of operation of completed project (in accordance with the class of construction solidity in whole or produced separate types of construction installation works) upon conclusion of agreement between the customer and contractor (main contractor) for construction, but may not be less than two years from the date of acceptance of object for operation. This limit of guarantee period shall not be distributed to the temporary structures and constructions of auxiliary support purpose, intended for the personal use of citizens.
      2. Responsibility on detected inconsistencies and violations during established guarantee period shall be imposed on the contractor (main contractor) with obligations on their elimination.
      3. If the inconsistencies and violations, detected during a guarantee period are occurred in the result of defective work of other executors (prospectors, projectors, subcontractors, producers or suppliers of construction materials, products, constructions, facility), the contractor (main contractor) shall have a right to partially shift responsibility to the guilty person.
      4. If the inconsistencies and violations, detected during a guarantee period are occurred by non-implementation of rules of operation and support of object or circumstances, not depending from performers of construction installation works, the last one shall be excused from responsibility.
      5. The disputes and reciprocal claims on measures and extent of responsibility, related with a guarantee periods of operation of objects shall be decided in the manner established by the legislation of the Republic of Kazakhstan.

Article 70. Quality in construction

      1. Regulations and provisions, establishing requirements to the subjects of architectural, town-planning and construction activity in assurance of proper quality of construction and construction products shall be regulated by the Civil Code of the Republic of Kazakhstan and shall be distributed to all types of dimensional, plate and line capital structures (constructions, building and their complexes, services), including technological and engineering equipment, relating to them, as well as to all types of works (services) on their designing, construction, manufacturing (production) of construction materials, products and constructions, depending on purpose of construction products (objects).
      2. Safety and quality of construction products (objects) shall be provided by:
      1) compliance with the safety requirements, established by the technical regulations and effective regulatory documents on standartization for construction products;
      2) licensing of subjects of architectural, town-planning and construction activity and attestation of specialists;
      3) examination of justification of investments in construction and project (design and estimate) documentation;
      4) architectural-building inspection and supervision, technical and architectural supervision;
      5) product standardization, used in designing and construction;
      6) attestation and accreditation of test and analytical laboratories, product certification, used in construction, as well as technical assessment of new products, methods of production, harness in construction;
      7) metrological activity in designing and construction;
      8) organization of commissioning and acceptance of completely constructed objects for operation;
      9) technological advancements and construction technology;
      10) conducting of conditioning of objects in earthquake-prone regions;
      11) inspection and observance of the state of operated or preserved and other uncompleted construction objects, intervention in order of ensurance of regulatory characteristics.
      3. During the whole period of construction (conservation) and period of service (operation) of objects assurance of the following basic characteristics of their quality by the possessors (customers, owners, hirers, tenants) is compulsory:
      1) safety during erection and operation, including maintenance of works and support;
      2) compliance with the requirements of protection of labour;
      3) stableness and reliability of functioning;
      4) compliance with environmental requirements.
      Ensuring the principal characteristics of quality shall be the obligation of all subjects, participating in the engineering investigations for capital construction, designing, manufacturing (production) and delivery of construction materials, products and structures, construction, conservation of construction of uncompleted objects, acceptance for operation, support and operation of objects, as well as their post-utilization.
      4. The bodies (services, civil servants) of architectural-building inspection and supervision, examinations of projects, standardization and certification of construction products, customers, builders, prospectors, projectors, fabricators (producers) and suppliers of products, used in construction, clerks of works, possessors (users, hirers, tenants) of specified products (objects) shall be the subjects, ensuring the quality of construction products (objects) in accordance with their functions.
      Footnote. Article 70 as amended by the Laws of the Republic of Kazakhstan dated 29 December, 2006 No. 209 (the order of enforcement see Article 2); dated 9 January, 2007 No. 213 (the order of enforcement see Article 2); dated 06.01.2011No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 71. Obligations of possessors in organization of safety and quality characteristics of objects

      Possessors shall be charged with the following obligations, directed to preservation of principal characteristics of objects, ensuring safety and their appropriate quality upon operation:
      1) perform the works on resetting, strengthening, rebuilding,replanning, re-equipment, reconstruction, expansion, technical re-equipping, embodiment, restoration and post-utilization of object, as well as change of architectural look and (or) town-planning aspects of object only in accordance with procedure, established by the legislation, of passing of licensing procedures by construction, sanitary, fire-prevention, blast resistant, ecological and other compulsory regulations and rules;
      2) adoption of measures to prevent the wrecking and (or) destruction of object by users (hirers, tenants);
      3) organization of performance of set of works on post-utilization of object.
      Footnote. Article 71 as amended ybt he Law of the Republic of Kazakhstan dated 29 December, 2006 No. 209 (the order of enforcement see Article 2).

Article 72. Obligations of users in ensuring of quality characteristics of objects

      Users (hirers, tenants) shall be charged with the following obligations, directed to preservation of principal characteristics of objects, ensuring their appropriate quality upon operation:
      1) use of object in whole or its leased part in accordance with rules (procedure, instructions), established by the legislation, on their operation or under the terms of employment agreement (rental);
      2) timely and appropriate performance of works on support and repair, imposed on the user (hirer, tenant) under the terms of employment agreement (rental);
      3) perform the works on resetting, strengthening, rebuilding, replanning, re-equipment, reconstruction, expansion, technical re-equipping, embodiment, restoration as well as change of architectural look and (or) town-planning aspects of object only with consent of possessor and in accordance with construction, sanitary, fire-prevention, blast resistant, ecological and other compulsory regulations and rules;
      4) notification of possessor on occurring changes of characteristics of object or technical accidents, occurring upon its operation.

Chapter 11. Acceptance of construction objects for operation

      Note of RCLI!
      Article 73 is provided to be in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2016).

Article 73. General procedure of acceptance of objects for operation

      1. Acceptance of completed objects for operation shall be regulated by the Civil Code of the Republic of Kazakhstan, this Law.
      2. Acceptance for operation of completed object of the state acceptance committee shall be carried out upon its full readiness in accordance with approved project and existence of favorable conclusion of working committee.
      In other cases, provided by Article 74 of this Law, acceptance for operation of completed object shall be carried out by possessor (customer, investor, builder) on an independent basis.
      2-1. Upon acceptance for operation of completed object by acceptance committee, a working committee is not required.
      3. Operation of completed object without favorable decision of the state acceptance committee or acceptance committee is not allowed, except for the cases, provided by Article 74 of this Law.
      4. An act of the state acceptance committee (and an act of acceptance committee in the cases, established by the state standards) on acceptance of completed object for operation shall be an exclusive basic document upon registration of property right to the finished construction products.
      5. An act of acceptance of completed object for operation, signed by the state acceptance committee shall not be subject to approval.
      6. The date of setting into operation of object, accepted by the state acceptance committee or acceptance committee shall be the date of signing of an act of setting of object into operation.
      7. Powers of the state acceptance committee and acceptance committee on specific object shall begin from the date of their appointment and shall be terminated from the date of signing of an act on acceptance of objects into operation by the state acceptance committee or acceptance committee.
      7-1. Duration of procedure of acceptance of object into operation (terms of acceptance) of the state acceptance committee shall be established by the body of state management upon its appointment depending on complexity and functional purpose of completed object, its technological and operational characteristics and parameters.
      Upon that an acceptance committee shall be obliged to carry out an acceptance within the term of not more than five business days from the date of receipt of relevant application from customer (builder) and signed conclusion of working committee on completed objects of housing and civilian designation and for large (technically complex) public buildings and constructions, as well as other objects with production cycle, referring to the scope of public service, - not more than seven business days.
      8. Powers of working committee on specific object shall begin from the date of its appointment and shall be terminated from the date of transfer of conclusion on integral assessment of object, setting into operation.
      Footnote. Article 73 as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 74. Objects, accepted for operation by the possessor by himself (herself)

      1. Possessor (customer, investor, builder) shall have a right to carry out an acceptance for operation on an independent basis of technically simple objects completed by construction in existence of relevant decision of structural subdivisions of relevant local executive bodies, carrying out the functions in the scope of architecture and town-planning, as follows:
      1) reconstruction (replanning, re-equipment) of premises (separate parts) of existing buildings, not relating to the changes of bearing and cladding structures, engineering systems and facility, as well as change of functional purpose of premises;
      2) temporary constructions, including welfare spaces for seasonable works and distant-pasture cattle rearing;
      3) household additional buildings in the territories of individual garden plots, as well as on plots of garden and truck societies (associations), beautification features on the building surrounding grounds or garden (suburban) plots;
      4) mobile complexes of container and modular construction, as well as single story buildings (constructions) for trade enterprises, public catering and domestic services, raised from temporary structures and not requiring coordination with sanitary and epidemiological services;
      5) open parking area with the amount of cars not more than fifty units, as well as garages with footlockers no more than two cars;
      6) construction of free-standing residential buildings, as well as other constructions, intended for the personal use of citizens;
      7) small architectural forms and boundaries of territories;
      8) open sports areas, pavements, paving around buildings (constructions);
      2. Regulations of this Article may not be applied, if the changes of premises (separate parts of building), specified in paragraph 1 of this Article, as well as construction and operation of listed technically simple objects derogates from rights of other citizens or adverse to the state and (or) public interests.
      3. Regulations of this Article also shall not be distributed to the objects:
      1) construction of which is financed at the expense of the state investments or with their participation;
      2) arranged (located) in the districts of increased seismic hazard or with other special geologic (hydrogeological) and geotechnical conditions as well as in the zones of special regulation, except for the subparagraph 1) of paragraph 1 of this Article.
      4. Procedure of acceptance, as well as a form of act of acceptance of completed object for operation shall be approved by the Government of the Republic of Kazakhstan by the possessor on an independent basis.
      Footnote. Article 74 as amended by the Laws of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); от 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

      Note of RCLI!
      Article 75 is provided to be in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2016).

Article 75. Objects, accepted for operation by the state acceptance committee

      1. All objects, constructed (completed) at the expense of the state investments or with their participation shall subject to the acceptance for operation of the state acceptance committee.
      2. Independent from the sources of financing of acceptance for operation by the state acceptance committee shall subject:
      1) free standing objects of civil (public) and communal purpose, referring to the technically complex objects. Free standing technically simple objects, financed without participation of the state investments shall be accepted for operation in the manner, established by Article 76 of this Law;
      2) objects of industrial purpose, except for the enterprises of small business (individual enterprise);
      3) multifamily residential houses (buildings);
      4) roads and railways;
      5) bridges, overpasses, tunnels, product pipes and electric lines with engineering structures;
      6) objects of space communication;
      7) power engineering facilities, including atomic energetics;
      8) objects of water management, irrigation and (or) hydraulic engineering purpose;
      9) objects of residential purpose (residential and ancillary accommodations) on the railway and automobile junctions, in the natural reserves, wildlife reserves, fish hatcheries, forest, hunting and other areas.
      3. Objects, constructed (completed) without participation of the state investments, but affected the state and public interests shall subject to the acceptance for operation by the state acceptance committee.
      Specified condition shall be established by the local executive bodies of districts, cities upon issuance of architectural planning assignment to the customer (builder) and shall be recorded in this assignment.
      Footnote. Article 75 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 1 January, 2005); dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication).

      Note of RCLI!
      Article 76 is provided to be excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2016).

Article 76. Objects, accepted for operation by the acceptance committee

      1. Objects, constructed (completed) without participation of the state investments, except for the objects, on which the regulations, provided by Articles 74 and 75 of this Law, are distributed shall subject to the acceptance for operation by the acceptance committees.
      Categories of objects specified in subparagraphs 1) and 2) of paragraph 2 of Article 75 of this Law shall be established by the Government of the Republic of Kazakhstan depending on the annual volume of output products or services rendered.
      2. Objects, financed without participation of the state investments shall also subject to the acceptance for operation by the acceptance committees, if they:
      1) linked with reprofiling (change of functional purpose) of residential and non-residential premises in the residential buildings;
      2) linked with reconstruction (replanning, re-equipment) of premises (building parts), requiring the changes of bearing and (or) cladding structures, engineering systems and facility;
      3) affect the interests of other possessors upon construction and (or) operation;
      4) Is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
      5) constructed (completed) in the districts of increased seismic hazard or with other special geologic (hydrogeological) and geotechnical conditions, as well as in other zones of special regulation;
      6) linked with industrial processes, having potential hazard to people and environment.
      Specified restrictions shall be established by the local executive bodies upon issuance of architectural planning assignment to the customer (builder) and shall be recorded in the assignment.
      Footnote. Article 76 as amended by the Laws of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 10.07.2012 No. 36 (shall be enforced upon expiry of ten calendar days after its first official publication).

      Note of RCLI!
      Article 77 is provided to be excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2016).

Article 77. Acceptance and working committee

      1. Acceptance and working committee shall be appointed by the decision of customer and shall be created not later than five days after receiving of written notification from the main contractor on readiness of object to the process of acceptance for operation.
      2. Powers, obligations, compulsory composition, procedure of acceptance of object by acceptance and working committee, as well as necessary for this form of conclusion and act of committees shall be approved by the Government of the Republic of Kazakhstan.
      3. Expenses, carried out in the working process of acceptance and working committees, including re-acceptance shall be refunded by customer.
      Footnote. Article 77 as amended by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).

      Note of RCLI!
      Article 78 is provided to be excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2016).

Article 78. The state acceptance committee

      1. The state acceptance committee – a temporary or permanent collegial body, accepting completed object for operation.
      Composition of permanent state acceptance committee shall be changed as far as necessary by the body of state management, appointed a committee.
      2. Depending on value or cost of construction of object, accepted for operation, the state acceptance committee shall be appointed by:
      1) the Government of the Republic of Kazakhstan on presentation of central executive bodies or akims of regions (cities of republican significance, the capital);
      2) central executive bodies of the Republic of Kazakhstan;
      3) akims of regions (cities of republican significance, the capital);
      4) akims of districts (cities of regional significance).
      3. The state acceptance committee shall be appointed in advance:
      1) upon acceptance for operation of objects of industrial purpose – not later than three months before the stipulated date of commencement of work of committee;
      2) upon acceptance for operation of objects of civil housing and communal purpose – not later than thirty calendar days before the stipulated date of commencement of work of committee.
      Upon that the date of commencement and end of work of committee shall be established on this object.
      4. Obligations of the state acceptance committee shall include:
      1) establishment of performance of deficiencies, design deviations, construction standards and rules, identified by the working committee;
      2) assessment of progressiveness of architectural-construction, engineering and technological decisions, as well as object in whole;
      3) establishment of correspondence of rated power (capacity) of object (complex), brought into force;
      4) conducting of control sampling and tests of technological equipment and engineering systems where necessary;
      5) presentation to the instance, appointed a committee, motivated conclusion on unserviceability of object with suggestions on bringing to responsibility of civil servants, committed a substandard performance of design and survey and (or) construction installation works in the manner, established by the legislation. Upon that the copies of conclusion shall be directed to the customer (builder) and main contractor.
      5. The fact of acceptance of completed object for operation shall be recorded by the state acceptance committee by the act of unified form, established by the Government of the Republic of Kazakhstan.
      6. An act of acceptance of object for operation shall be signed by all members of the state acceptance committee.
      Upon existence of special opinion on acceptance of object for operation of a member of the state acceptance committee, an act shall not be signed by them and special opinion shall be presented in a written form to the chairmen of a committee.
      Special opinion shall be considered by the state acceptance committee with participation of member of committee, presented opinion and representatives of the state body of management, appointed a committee before the signing of the act of acceptance.
      7. Upon acceptance for operation of objects of industrial purpose to the composition of the state acceptance committee shall be included:
      1) responsible representative of the state body of management, appointed a committee, appointed by the chairmen of committee;
      2) representative of general project organization, appointed by the vice-chairman of the committee;
      3)representatives of customer (investor, builder), operational organizations (enterprises, institutions), main contractor, local executive bodies, the state architectural-construction inspection, state sanitary and epidemiological supervision, state fire-fighting service, an authorized state body in the field of environmental protection.
      8. Is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication).
      9. Upon acceptance of objects of civil housing and communal purpose to the composition of the state acceptance committee shall be included:
      1) responsible representative of local executive bodies, appointed by the chairmen of the committee;
      2) the state building inspector, appointed by the vice-chairman of the committee;
      3) representatives of customer (investor, builder), operational organizations (enterprises, institutions), main contractor, general project organization (including project designers), the state fire-fighting service and state sanitary and epidemiological supervision.
      10. Is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication).
      11. Expenses, carried out in the working process of the state acceptance committee, including re-acceptance shall be refunded by customer.
      Footnote. Article 78 as amended by the Laws of the Republic of Kazakhstan dated 13 April, 2005 No. 40 (shall be enforced from 1 January, 2005); dated 9 January, 2007 No. 213 (the order of enforcement see Article 2); dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 13.01.2012 No. 542-IV(shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 79. Responsibility of participants of commission and acceptance for operation of completed objects

      Participants of commission and acceptance for operation of completed objects, including the customers (investors, builders), responsible performers of labour contract for survey, project, construction installation works, fabricators and suppliers of construction materials, products, constructions and facility, as well as services of operational supervision of construction and components installation, members of the state acceptance or acceptance and working committees, other participants shall bear responsibility, established by the legislative acts of the Republic of Kazakhstan for danger to life or health of citizens, as well as damage (harm) to the state, public or private interests, caused due to the committed violations or qualification to compulsory regulatory requirements (conditions, restrictions).
      Footnote. Article 79 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

      The President
      of the Republic of Kazakhstan