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ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 30, 2020 No. 505

About approval of Rules of development, approval and approval of town-planning projects (master plans of settlements, drafts of the detailed layout and projects of building)

(as amended on 04-08-2023)

According to subitem 15-2) of article 20 of the Law of the Republic of Kazakhstan of July 16, 2001 "About architectural, town-planning and construction activities in the Republic of Kazakhstan" PRIKAZYVAYU:

1. Approve the enclosed Rules of development, approval and approval of town-planning projects (master plans of settlements, drafts of the detailed layout and projects of building).

2. To provide to committee on cases of construction and housing and communal services of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister of the industry and infrastructure development of the Republic of Kazakhstan

B. Atamkulov

Approved by the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of September 30, 2020, No. 505

Rules of development, approval and approval of town-planning projects (master plans of settlements, drafts of the detailed layout and projects of building)

Chapter 1. General provisions

1. These rules of development, approval and approval of town-planning projects (master plans of settlements, drafts of the detailed layout and projects of building) (further – Rules) are developed according to the Law of the Republic of Kazakhstan "About architectural, town-planning and construction activities in the Republic of Kazakhstan" (further – the Law), other regulatory legal acts and establish procedure for development, soglasnovaniye and approval of town-planning projects (master plans of settlements, drafts of the detailed layout and projects of building).

2. In these rules the following concepts are used:

1) the draft of the detailed layout (further - PDP) - the town-planning project developed for separate parts of the territories and functional zones of settlements, and also the territories located outside settlements;

1-1) master plans of the settlement (further – the master plan) – the town-planning project of comprehensive planning of development and building of the city, settlement, village or other settlement establishing zoning, planning structure and the functional organization of their territory, system of transport and engineering infrastructures, gardening and improvement;

2) the investor - the physical person or legal entity performing investments in the Republic of Kazakhstan;

2-1) public discussions – one of forms of public participation in acceptance of the state and management decisions raising the questions of architecture, town planning and construction of the Republic of Kazakhstan by means of open meetings;

3) the project of building - the town-planning project developed for the territories of quarters, residential districts and other elements of planning structure of city and rural settlements in borders of the established red lines or borders of the parcels of land;

4) the contractor - the physical person or legal entity having the license for the corresponding type of activity, which is carrying out project activities in the field of architecture and town planning for the works agreement or the agreement on public procurements signed with the customer;

5) the customer - the physical person or legal entity performing activities according to the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities. Depending on the purposes of activities by the customer the customer investor of the project (program), the customer (owner), the builder or their authorized persons can act.

2-1. Master plans are developed according to complex schemes of town-planning planning of the territories (drafts of the district layout).

2-2. Modification and amendments in the town-planning projects which passed the complex town-planning examination and received the positive decision before its approval is not allowed.

2-3. The town-planning projects of all levels which did not pass the complex town-planning examination and did not receive its positive decision are not subject to approval.

2-4. Before passing of complex town-planning examination the project orderer of PDP provides their check on compliance to the approved master plans of settlements with use of the automated information system of the State town-planning inventory.

2-5. The master plan of the settlement carried to groups on civil defense is developed taking into account requirements of technical actions of civil defense according to amount and content of the technical actions of civil defense approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of October 24, 2014 No. 732 "About approval of amount and content of technical actions of civil defense" (it is registered in the Register of state registration of regulatory legal acts for No. 9922).

3. PDP and projects of building are developed based on the master plan of the settlement approved in accordance with the established procedure according to design assignment according to appendix 1 to these rules (further - the Task).

4. PDP projects of building are developed according to the elements of planning structure, town-planning regulations and the concept of single architectural style established in master plans of settlements.

Under this PDP and projects of building are developed taking into account data of information systems of state bodies on the mastered parcels of land and/or the granted rights in private property or temporary paid land use provided by Articles 43, of 44, 44-1 and 45 Land codes of the Republic of Kazakhstan.

5. The concept of single architectural style is provided for the capital, the cities of republican and regional value.

6. Projects of town-planning development of separate parts of the territories of the cities (PDP, site plannings of industrial area and projects of building) are derivative of the existing master plan, except for situational plans and master plans of objects as a part of the feasibility statements or the design estimates intended for construction of buildings and constructions, their complexes.

7. The organization of development of master plans, master plans of rural settlements with population to five thousand people – schemes of development and building (the simplified version of master plans of small settlements), PDP and projects of building is performed by the structural division of local executive body performing functions in the field of architecture and town planning.

8. Provision of the approved master plans, master plans of rural settlements with population to five thousand people – the scheme of development and building (the simplified version of master plans of small settlements), PDP and projects of building in vector type for entering into the database of the state town-planning inventory is performed according to the Rules of maintaining and provision of information and (or) data from the state town-planning inventory of the Republic of Kazakhstan approved by the order of the Minister of national economy of the Republic of Kazakhstan of March 20, 2015 No. 244 "About approval of Rules of maintaining and provision of information and (or) data from the state town-planning inventory of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts for No. 11111).

9. Schemes of the town-planning project are developed taking into account requirements of the state town-planning inventory, in electronic form using geographic information systems – technologies in system of single reference books and qualifiers.

The PDP qualifier and the project of building corresponds to appendix of 2 these rules.

Chapter 1-1. Development, approval and approval of master plans

9-1. The master plan is developed for the purpose of ensuring integrated approach to planning of the territories of the settlement.

9-2. The master plan is the main town-planning document based on social and ecological criteria, comprehensive accounting of needs of the person and resource reservoir of the territory for creation of the comfortable habitat.

The master plan is developed for the purpose of determination of the forecast of growth of number and employment of the population, long-term planning of investment processes in the projectible territory, long-term outlook of territorial development of the settlement, the direction of forming of planning structure, town-planning zoning of the territory, subjects to city assignment, the organization of transport servicing, development of system of the plumbing system, engineering training and improvement of the territory, protection of the territory against dangerous natural and technogenic processes, protection of the environment and historical and cultural heritage.

9-3. Master plans of the cities with settlement population over hundred thousand people are developed in two stages and include:

the first stage (the long-term forecast of development of the settlement (concept)) – development of conceptual provisions on town-planning zoning of the territories and settlements with development of their basic principles and the directions of strategic town-planning development for 25-30 years;

the second stage (master plan) – disaggregation of the basic principles and the directions of the strategic town-planning development by detailed study of elements of planning structure covering the main stages of construction (first-priority 5-7 years, settlement term of 15-20 years).

9-4. The long-term forecast of development of the cities and rural settlements with population to hundred thousand people is carried out as a part of the master plan.

9-5. Master plans of settlements with settlement population to twenty thousand people can be developed combined with PDP on all territory of the settlement covering the main stages of construction (first-priority 5-7 years, settlement term of 15-20 years).

9-6. Master plans of rural settlements with population to five thousand people – the scheme of development and building (the simplified version of master plans of small settlements) are developed in one stage and combined with PDP on all territory of the settlement covering the main stages of construction (first-priority 5-7 years, settlement term of 15-20 years).

9-7. The long-term forecast of development of the settlement (concept) is developed for the purpose of determination of optimal variant of the directions of economic and economic, welfare and territorial and functional development of the settlement, proceeding from the complex analysis of town-planning conditions and resource potential and step-by-step realization and includes:

analysis of historical features of development of planning structure of the city;

complex town-planning and ecological assessment of the territories;

assessment of condition of engineering and transport infrastructure;

assessment of the town-planning value (potential) of the territories;

the principles of the housing programme (structure on types of dwellings, planning features taking into account demography and the social order);

options of development of city-forming base of the city;

principles of development of engineering and transport infrastructure;

principles of the composition organization of city space;

model of functional and planning development.

For stage of the concept the following composition of project materials is provided:

1) the scheme of provision of the settlement in system of resettlement (with suburban and green zones) in scale 1:50000 - 1:10000;

2) the plan of modern use of the territory (the basic plan) in scale 1:25000 - 1:10000;

3) retrospective schemes of development of planning structure of the city in any scale;

4) complex town-planning and ecological assessment of the territory in scale 1:25000-1:5000;

5) options of territorial development in any scale;

6) the concept of territorial development of the city (the structural plan) in scale 1:25000-1:10000;

7) the scheme of the main streets and roads, external and urban transportation in scale 1:50000-1:10000;

8) the scheme of the plumbing system and engineering protection of the territory in scale 1:50000-1:10000;

9) the explanatory note with reasons accepted social and economic and structural planning solutions on the basis of alternative studies.

9-8. The concept of the settlement is developed CH PK 3.01-00-2011 "The instruction about procedure for development, approval and approval of town-planning projects in the Republic of Kazakhstan" agrees with Construction regulations of the Republic of Kazakhstan (further – to CH PK 3.01-00-2011) and amount and content of the technical actions of civil defense approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of October 24, 2014 No. 732 "About approval of amount and content of technical actions of civil defense" (it is registered in the Register of state registration of regulatory legal acts for No. 9922);

9-9. Graphical materials of the concept of development of the cities with settlement population five hundred thousand people are also more carried out in scale 1:25000, for the cities with settlement population from hundred thousand to five hundred thousand people - in scale 1:10000 and for the cities and settlements with settlement number up to hundred thousand people - in scale 1:5000.

The specified scales of graphical materials are specified by the customer in coordination with developer proceeding from specific town-planning situation.

Graphical materials are carried out on structure, according to appendix 9 to these rules.

9-10. Composition of project materials for stage of the master plan:

1) the scheme of provision of the settlement in system of resettlement (to execute structure and contents of the scheme according to subitem 4.1.3.7.24 of CH PK 3.01-00-2011);

2) the basic plan (to execute structure and contents of the scheme according to subitem 4.1.3.7.25 of CH PK 3.01-00-2011);

3) complex town-planning assessment of the territory (to execute structure and contents of the scheme according to subitem 4.1.3.7.26 of CH PK 3.01-00-2011);

4) the master plan (the main drawing) (to execute structure and contents of the scheme according to subitem 4.1.3.7.27 of CH PK 3.01-00-2011);

5) the scheme of functional and town-planning zoning of the territories (to execute structure and contents of the scheme according to subitem 4.1.3.7.28 of CH PK 3.01-00-2011),

6) the scheme of street road net and transport (to execute structure and contents of the scheme according to subitem 4.1.3.7.29 of CH PK 3.01-00-2011);

7) cross direction profiles of streets;

8) the scheme of the plumbing system and engineering training of the territory (to execute structure and contents of the scheme according to subitem 4.1.3.7.30 of CH PK 3.01-00-2011);

9) the scheme of environmental protection (to execute structure and contents of the scheme according to subitem 4.1.3.7.31 of CH PK 3.01-00-2011);

10) natural and ecological framework (to execute structure and contents of the scheme according to subitem 4.1.3.7.32 of CH PK 3.01-00-2011);

11) the explanatory note with reasons for the made project decisions (to execute structure and contents of the explanatory note according to subitem 4.1.3.7.33 of CH PK 3.01-00-2011);

12) the technical and economic indicators specified in Appendix 10 to these rules.

9-11. The approved part of the master plan are the basic provisions of the master plan containing the main indicators of the project, the main drawing and technical and economic indicators according to appendices 10 and 11 to these rules.

9-12. Graphical materials of the master plan of rural settlements with population to five thousand people – schemes of development and building (the simplified version of master plans of small settlements) are carried out in scale 1:2000.

9-13. For stage of the master plan of rural settlements with population to five thousand people – the scheme of development and building (the simplified version of master plans of small settlements) the following composition of project materials is provided:

1) the scheme of provision of the settlement in system of the administrative area in scale 1:10 000, 1:25 000;

2) the scheme of land use constituted with material utilization of the complex scheme of town-planning planning of the territories (the draft of the district layout) and the project of intraeconomic land management in scale 1:10 000, 1:25 000;

3) basic plan (plan of modern use of the territory;

4) master plan (main drawing);

5) scheme of street road net and transport, vertical layout and engineering training of the territory;

6) scheme of engineering support;

7) scheme of environmental protection;

8) the explanatory note with reasons for the made project decisions.

9) technical and economic indicators according to appendix 6 to these rules.

9-14. Master plans of the cities are approved with the structural divisions of local executive body, other organizations determined by the Task and also is subject to the procedure of strategic ecological assessment, impact on the environment.

9-15. Master plans of settlements and rural settlements are approved with settlement and rural executive bodies, with structural divisions of local executive body, other organizations determined by the Task.

9-16. After passing of public discussion, master plans go for complex town-planning examination according to the procedure, the determined Rules of conducting complex town-planning examination of town-planning projects of all levels approved by the order of the Minister of national economy of the Republic of Kazakhstan of November 20, 2015 No. 706 "About approval of Rules of conducting complex town-planning examination of town-planning projects of all levels" (it is registered in the Register of state registration of regulatory legal acts for No. 12414) (further – Rules of carrying out).

9-17. Drafts of master plans (including basic provisions) the cities of republican value, the capital and the cities of regional value with settlement population over hundred thousand inhabitants affirm the Government of the Republic of Kazakhstan, according to article 19 of the Law.

9-18. Drafts of master plans (including basic provisions) the cities of regional value with settlement population to hundred thousand inhabitants affirm regional representative bodies, according to article 21 of the Law.

9-19. Drafts of master plans of the cities of district value and settlements, and also master plans of rural settlements with population to five thousand people – schemes of development and building (the simplified version of master plans of small settlements) affirm district representative bodies, according to article 23-1 of the Law.

9-20. The approved master plans are subject to accounting in the state town-planning inventory according to the procedure determined by the Rules of registration in the database of the state town-planning inventory of town-planning projects, preproject and project (project and estimate) documentation, and also objects of architectural, town-planning and construction activities approved by the order of the Minister of Regional Development of the Republic of Kazakhstan of June 16, 2014 No. 172/ODES "About Approval of Rules of Registration in the Database of the State Town-planning Inventory of Town-planning Projects, Preproject and Project (Project and Estimate) Documentation, and also Objects of Architectural, Town-planning and Construction Activities" (it is registered in the Register of state registration of regulatory legal acts for No. 9603).

The materials transferred by the customer in the state town-planning inventory shall contain the graphical materials executed according to structure according to appendix of 3 these rules. Text materials contain the explanatory note, technical and economic indicators and are transferred in one of the commonly accepted electronic formats of transfer, and also includes recommendations about their application in town-planning information systems and inventories.

Chapter 2. Development, approval and approval of drafts of the detailed layout

10. PDP is developed for separate parts and functional zones of the settlement, and if necessary - on all territory of the settlement with project population to 20 thousand people. In this case PDP is combined with the master plan.

PDP is also developed for the territory located outside the settlement.

11. PDP is developed into the square at least 10 hectares according to the elements of planning structure and town-planning regulations placed in the master plan of the settlement.

12. PDP establishes:

1) the main directions of the planning organization of the territory with determination of functional and town-planning zoning;

2) red, yellow lines and lines of regulation of building;

3) reservation of the territory for placement of objects of social, cultural and public service of the population, the organization of street road net and transport servicing, trace of engineering communications;

4) cross direction profiles of streets;

5) improvement and gardening of the territory;

6) public town-planning restrictions;

7) plan of engineering communications;

8) development plan for road infrastructure;

9) concept of single architectural style of part of the territories of the capital, cities of republican and regional value.

In PDP issues of providing handicapped national groups with conditions for easy access to subjects to social and other assignment, and also application of renewable energy resources and energy-saving technologies are also resolved in case of construction of new objects.

13. PDP contains graphical materials according to CH PK 3.01-00-2011, which include:

general lay-out of the projectible territory in system of the city.

basic plan;

complex town-planning assessment of the territory;

sketch of building;

plan of town-planning zoning and regulations;

scheme of the organization of street road net and transport;

scheme of vertical layout and engineering training of the territory;

scheme of engineering support;

marking plan of red lines;

cross direction profiles of streets;

the basic historical and architectural plan (for the settlements having;

monuments of historical and architectural heritage);

scheme of environmental protection.

The explanatory note is attached to each graphical material.

14. The explanatory note contains:

1) description of problems of development of the projectible territory;

2) specific purposes of its development, in coordination with development of the surrounding territories;

3) population analysis;

4) the main technical and economic indicators of PDP according to appendix 3 to these rules;

5) data about:

climatic conditions;

the existing functional use of the territory;

condition of fund of residential, public buildings and constructions;

engineering and transportation network;

improvement of the territory;

to sanitary and epidemiologic situation and actions for its improvement;

to environmental impact assessment of the industrial and production objects operating and planned to placement;

to preserving and development of historical and cultural heritage, etc.;

6) reasons for architectural planning solutions, town-planning zoning of the territory;

7) offers on types of the apartment houses and public buildings recommended for construction, the principles of the organization of social servicing of the population;

8) distribution of the territory by property types (as necessary), to regulations of use of the territory, border of the parcels of land and offers on establishment of public servitudes.

15. As a part of PDP schemes which are determined by the Task can be developed.

16. In case of development of difficult projects in the town-planning relation as a part of PDP, the prototypes of the layout and building in amount and scale or digital model of the sketch of building established by the Task can be carried out.

17. In case of development of PDP the housing density of sites of town-planning functional zones of settlements is recommended to be accepted according to the Table A.1. Set of rules of the Republic of Kazakhstan of JV RK 3.01-101-2013 * "Town planning. Layout and building of city and rural settlements".

18. PDP of urban areas is approved with the structural divisions of local executive body, other organizations determined by the Task, after public discussion goes for complex town-planning examination according to the procedure, determined by Rules of carrying out and affirms the relevant decision of local executive body of the capital, the cities of republican and regional value, according to article 25 of the Law.

19. PDP of the territory of settlements and rural settlements it is approved with settlement and rural executive bodies, with structural divisions of local executive body, other organizations determined by the Task, after public discussion goes for complex town-planning examination according to the procedure, determined by Rules of carrying out and affirms district representative bodies, according to article 23-1 of the Law.

20. PDP approved according to Items 18 and 19 of these rules is transferred by the contractor to structural division of local executive body in the field of architectural, town-planning and construction activities for approval by the set consisting of the carrier with the electronic draft and copies of its output reports on solid material (paper) in triplicate. The type of the carrier makes a reservation the Task.

21. The explanatory note is presented in the printing and electronic forms. Contents of the electronic and printing version are identical each other. The explanatory note to include complete description of the electronic version of PDP.

Transfer of materials PDP in electronic form is made with observance of requirements of information security, according to Single requirements in the field of information and communication technologies and ensuring information security, approved by the order of the Government of the Republic of Kazakhstan of December 20, 2016 No. 832.

Chapter 3. Development, approval and approval of projects of building

22. Projects of building are developed for the territories of quarters, residential districts and other elements of planning structure of settlements in borders of the established red lines or borders of the parcels of land.

23. Projects of building are developed according to town-planning documentation and town-planning regulations.

Project development of building without the approved PDP on the basis of the master plan of the settlement is allowed.

24. Projects of building determine the composition solution of architectural complexes, types of buildings and constructions, priority of their construction or reconstruction, functional use, laying of engineering communications, improvement of the territory, the organization of transport servicing and the principles of pedestrian movement, procedure for the organization and estimated cost of construction.

25. Projects of building for sections of streets, the areas, squares and boulevards can be carried out within building regulation borders.

It is necessary to provide offers on building, reconstruction and improvement of residential districts, quarters, sites taking into account step-by-step completion of works along with commissioning of organizations of social servicing of the population, engineering networks and constructions in projects of building, improvements of the territory.

In projects of building issues of providing handicapped national groups with conditions for easy access to subjects to social and other assignment, and also application of renewable energy resources and energy-saving technologies are also resolved in case of construction of new objects.

26. Projects of building are carried out in one or two stages:

project with summary estimate calculation of construction cost (project);

working documentation on construction objects in borders of quarter, residential district, the parcel of land or on project implementation stages with determination of amounts of works and their costs.

27. Project stage of building is developed in the following structure:

master plan of building;

plan of improvement;

scheme of the organization of relief plan of earthwork operations;

consolidating plan of engineering networks;

arrangement plan of buildings and constructions;

project of the organization of construction;

estimate documentation.

Graphical project materials are carried out in scale 1:500 or 1:1000. The explanatory note is attached to each graphical material.

28. The explanatory note contains:

1) reasons for the made architectural and planning and volume and space decisions of building;

2) sanitary and epidemiologic, fire and nature protection precautions;

3) construction priority;

4) the applied types and types of buildings and their constructive decisions;

5) systems of engineering arrangement and gardening of the territory;

6) calculations of the site planning for the need for buildings and rooms of servicing of the population;

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