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LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 16, 2001 No. 242-II

About architectural, town-planning and construction activities in the Republic of Kazakhstan

(as amended on 29-06-2020)

This Law governs the relations arising between state bodies, physical persons and legal entities in the course of implementation of architectural, town-planning and construction activities in the Republic of Kazakhstan and is directed to forming of the full-fledged habitat and life activity of the person, sustainable development of settlements and the mezhselenny territories.

Section 1. State regulation of architectural, town-planning and construction activities

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) designer's service is competences of the author on control for:

project development of the construction (construction documentation) performed by the author (authors) of the architectural and town-planning work;

project implementation of the construction performed by his developers including the author (authors) of the architectural or town-planning work.

1-1) agglomerations - local system of the urbanized settlements located around one or several large cities centers having daily labor, production, welfare and other communications, and also tendency to territorial merge with each other;

2) human environment - environment in which the person stays. The habitat includes:

the environment - set of natural and artificial objects, including common air, ozone layer of Earth, surface and underground water, lands, subsoil, animal and flora, and also climate in their interaction;

the architectural and landscape circle - space with combination of environment and architectural forms in which the person performs economic activity and other functions. As a rule, it is environment of settlements which determines living conditions and psychophysical condition of the person;

the available circle (barrier-free) - the property of the building, place of servicing, the place of residence which is allowing to reach freely the place and to use service, and also having the parameters providing opportunity to use service, to reach subject;

the internal circle - the complex of living conditions in premises and work environment in working (production) rooms including social, esthetic, biological, psychological and physical and chemical factors, including natural radiation, external noise, biotic environment, impurity, humidity, structure and movement of air, smells, combustion products, natural and artificial illumination, purity of water and another;

3) subjects to special regulation and town-planning regulation - objects of architectural, town-planning and construction activities which implementation is complicated or it is impossible without introduction of special rules (procedure), establishment of exceptions or introduction of amendments to the commonly accepted rules (procedure) of use of the territories, the territory of the settlement, separate real estate object;

3-1) register of the accredited expert organizations - the single list of the legal entities given the right to conducting complex non-departmental examination of construction projects of objects;

3-2) accredited expert organization - the legal entity accredited according to the procedure, established by authorized body for architecture, town planning and construction, performing the complex non-departmental examination of construction projects of objects (feasibility statements and the design estimates) which is not referred by the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities to the state monopoly;

4) anthropogenous impacts - positive and negative impacts on the nature, the environment, settlement caused as a result of different form of influence of human activity. In case of rendering negative impact there comes need of application of nature protection measures;

4-1) register of the certified experts - constantly updated single list of the physical persons certified by the relevant structural divisions of local executive bodies and given the right on:

work on examination of construction projects of objects (feasibility statements and the design estimates), and also projects of town-planning planning of the territories (town-planning projects of different level);

technical inspection of reliability and stability of buildings and constructions;

rendering engineering services in maintaining test authority on behalf of the customer and designer's service on behalf of developers of the project;

5) zoning of the territories - in case of town-planning planning division of the territories into functional zones with establishment of types of town-planning use of separate zones and possible restrictions on their use;

5-1) territorial transport planning - development planning of transport system of the territory which including includes floor planning of infrastructure of all modes of transport and trace of route network of transport;

6) construction in progress - the construction object which is not accepted in accordance with the established procedure by the customer for commissioning and not used for designated purpose (accommodation, rendering services, production, profit earning and other types of operation);

6-1) unique construction object - buildings, constructions and their complexes which are characterized by the special, earlier not applied separately or in total architectural, space-planning, constructive, engineering or technology solutions for which the state or interstate technical regulations and normative and technical requirements for designing and construction determining need of development, approval and approval for this object of special specifications (special regulations) are not established;

6-2) single architectural style - set of the single signs used in construction, characteristic of certain developed land of the territory, including individual building. Key parameters are appearance, architectural style, color scheme, number of storeys, finishing materials. For the area of individual building key parameters are appearance, architectural style, color scheme, number of storeys, finishing materials, barriers, type of roof and arrangement of economic and household constructions in the territory of the site;

7) construction - artificially created three-dimensional, plane or linear object (land, surface and (or) underground, underwater) having natural or artificial space borders and intended for accomplishment of production processes, placement and storage of material values or temporary stay (movement) of people, loads, and also placement (laying, posting) the equipment or communications. The construction can also have art and esthetic, arts and crafts or memorial assignment;

7-1) draft of the detailed layout - the town-planning documentation developed for separate parts of the territories and functional zones of settlements, and also the territories located outside settlements;

8) the settlement territory - space within the established border (line) of the city or rural settlement;

9) the master plan of the settlement - 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 communications, gardening and improvement;

9-1) accredited expert organization of special industrial zone - the managing company of special industrial zone accredited according to the procedure, established by authorized body for architecture, town planning and construction, and performing complex non-departmental examination of projects (feasibility statements and the design estimates) intended for construction in the territory of special industrial zone;

9-2) public spaces are the territories, objects which are available or open for the population;

9-3) local expert opinion - the experimental testimony of projects which is drawn up and issued to the customer at each stage of expert maintenance on appropriate sections (parts) of the project except for completing examination of stage;

10)  No. 542-IV ZRK is excluded according to the Law of the Republic of Kazakhstan of 13.01.2012

11) the project - the intention of physical persons and legal entities on providing necessary conditions of dwelling and life activity of the person provided in the form of architectural, town-planning and construction documentation (drawings, graphical and text materials, engineering and estimate calculations), including the feasibility statement on construction, and (or) the design estimates disclosing essence of intention and possibility of its practical realization;

12) the preproject documentation - the documentation which is preceding development of town-planning, architectural projects, the construction project and including programs, reports, feasibility statements on construction, technical and economic calculations, results of scientific research and engineering researches, technological and constructive calculations, sketches, prototypes, measurements and results of inspections of objects, and also other basic data and materials necessary for decision making about development of the project documentation and the subsequent projects implementation;

The project documentation includes 13):

projects of gardening of the territory, its external design, placement and installation (construction) of works of monumental or ornamental art;

town-planning projects - the projects containing intention of comprehensive town-planning planning of the organization, development and building of the territories and settlements or their parts (the general scheme of the organization of the territory of the Republic of Kazakhstan, interregional schemes of territorial development, complex schemes of town-planning planning of the territories, master plans of settlements, drafts of the detailed layout, site plannings of industrial area, projects of building, master plans of objects and complexes, projects of improvement and gardening, other planning projects);

the construction project (the construction project) - the project (project and estimate) documentation containing space-planning, constructive, technology, engineering, nature protection, economic and other solutions, and also estimate calculations for the organization and maintaining construction, engineering training of the territory, improvement. Projects of preservation of construction of incomplete objects and post-utilization of the objects which developed the resource also belong to construction projects;

the architectural project containing architectural intention, the independent project of construction of construction (monument) in which designing participation of the architect, or the part of project (project and estimate) documentation including architectural and art, composition and space-planning solutions of object, considering social, economic, functional, production, technical, fire-proof, antiexplosive, sanitary and hygienic, environmental and other requirements and executed in the amount necessary for project development of construction or other documentation on asset construction is necessary;

14) interstate examination of projects - obligatory form of examination of the projects which are of interest to two and more State Parties of the international treaty on asset construction;

15) No. 269-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.12.2014

16) examination of projects - the expert activities consisting in carrying out the analysis and quality evaluation of projects by establishment of compliance (discrepancy) of project decisions to conditions of initial documents (the materials this) for designing, the stipulated by the legislation Republic of Kazakhstan, and also observance in project solutions and calculations of requirements of town-planning and technical regulations, regulations and provisions of the state and interstate regulating documents. Examination is subdivided on:

the complex non-departmental examination of construction projects of objects (including industry and departmental examinations), which is carried out by the principle of "one window" according to the feasibility statements and the design estimates intended for construction of buildings and constructions, their complexes, engineering and transport communications;

the complex town-planning expertize of town-planning planning of the territories which is carried out on town-planning projects of development and building of city and rural settlements, the mezhselenny territories, and also the industrial complexes located out of settlements;

16-1) subjects of expert activities in the field of designing - the expert organizations, and also the experts who are staff employees of the expert organizations or who are temporarily involved with these organizations as non-staff experts to execution of complex non-departmental examination in the separate Section (part) as a part of the project or to participation in work of commissions of experts (groups) on complex town-planning examination;

16-2) expert in the field of designing - the physical person certified according to the procedure, established by the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities, for implementation of expert works on certain Sections (parts) of projects, being on the staff of one of the expert organizations;

16-3) project management - activities for the organization, planning, coordination, control of designing, construction and commissioning of objects according to the signed contracts with the customer or the investor for goal achievement of the investment project within the set budget and terms;

17) No. 269-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.12.2014

18) engineering infrastructure - the set of the companies (organizations), objects (buildings and constructions), communications and networks of engineering and utility support creating standard conditions for life activity of people, and also steady functioning of production or the goods circulation and services;

18-1) No. 269-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.12.2014

18-2) engineering employee - the physical person having the secondary professional or higher education performing the organization and management of production process in the field of architecture, town planning and construction;

19) transport infrastructure - set land (automobile and (or) iron) it is expensive, water (sea and (or) river) means of communication with complex of bridge, tunnel and other transport constructions, intersections and overpasses, the regulating alarm devices, communications, objects of engineering support of work of transport, servicing of vehicles, the moved loads, passengers, ensuring functional activities of production and service personnel, storage facilities and the territories, sanitary protection and conservation zones, and also the lands which are legislatively assigned to the specified means of communication and objects with the real estate objects which are on them;

19-1) street road net - object of the transport infrastructure which is the part of the territories of settlements limited to red lines and intended for movement of vehicles, bicycles and pedestrians, streamlining of building and laying of engineering communications, and also ensuring transport, bicycle and pedestrian communications of the territories of settlements as constituent part of their means of communication. Basic elements of street road net are streets, avenues, lanes, drives, embankments, squares, sidewalks, pedestrian and bicycle lanes;

19-2) the protected objects - buildings, structures and constructions intended for stay of protected persons and also the territory and the water area, adjacent to them. The list of the objects protected by Service of the state protection of the Republic of Kazakhstan affirms the chief of Service of the state protection of the Republic of Kazakhstan in coordination with Administration of the President of the Republic of Kazakhstan;

20) No. 269-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.12.2014

21) city zoning - distribution of the territory of the settlement according to its functional purpose (residential, public, industrial, recreational and other functional zones);

22) town-planning and architectural and construction documentation - system of interconnected documents (including the preproject and project documentation, the state and interstate regulating documents), the territories, necessary for the organization, town-planning development planning and building of the territories and settlements, construction (expansion, upgrade, modernization, reconstruction, restoration, major repair, preservation and post-utilization) objects, and also the organization of construction, engineering training of the territory, improvement, gardening, external design;

23) accounting units of the town-planning inventory - elements of the organized and used territory of the Republic of Kazakhstan in general, areas, areas, settlements, real estate objects, including all types of volume, sheet and linear constructions;

24) town-planning space - the territory of town-planning regulation in which the material habitat and life activities of the person (the population of the country, the region, the settlement, part of the settlement) is created;

25) town-planning activities (further - town planning) - the activities in town-planning planning of the organization and development of the territories and settlements, their territorial transport planning and traffic management, determination of types of town-planning use of the territories, complex designing of city and rural settlements including creative process of forming of town-planning space, creation of the town-planning project, coordination of all adjacent Sections of town-planning documentation;

26) town-planning regulations - the modes, permissions, restrictions (including encumbrances, prohibitions and servitudes) uses of the territories (parcels of land) and other real estate objects, and also any admissible changes of their condition established in legislative procedure.

Town-planning regulations are established by the town-planning and architectural and construction documentation executed according to the state standard rates. Action of town-planning regulations is limited within the term established for them;

27) the territory of town-planning regulation - the territory within which any architectural, town-planning and construction activities are performed;

28) potentially dangerous construction objects - hazardous production facilities which owing to the functional purpose and production processes contain threat of emergence of technogenic and (or) ecological disasters with harming health and human life, irreplaceable damage, violation of functioning of other objects requiring special events for ensuring industrial safety in case of their designing, construction and operation;

29) the mezhselenny territories - the territories which are outside borders (line) of settlements;

30) the selitebny territory - the part of the territory of the settlement intended for placement of residential, public (public and business) and recreational zones, and also separate parts of engineering and transport infrastructures, other objects which placement and activities does not make the impact requiring special sanitary protection zones;

30-1) national bank of construction projects - electronic archive of feasibility statements, standard projects and project (project and estimate) documentation on construction of the new objects which received the positive decision of complex non-departmental examination;

30-2) state investments into construction (further - the state investments) - investments into construction of new buildings and constructions, their complexes, engineering and transport communications, and also reconstruction (expansion, upgrade, modernization) or major repair of the existing objects which source are:

means republican and (or) local budgets, including the target funds allocated for budget investments and budget crediting of subjects of the quasi-public sector;

target means of non-state loans under the state guarantee or the guarantee of the state;

means of National fund of the Republic of Kazakhstan;

the funds allocated for implementation of concessionary projects;

31) construction activities (further - construction) activities for creation of fixed assets of production and non-productive assignment by construction new and (or) changes (expansions, upgrades, modernization, reconstruction, restoration, major repair) the existing objects (buildings, constructions and their complexes, communications), mounting (dismantle), the related processing and plumbing system, production (production) of construction materials, products and designs, and also implementation of works on preservation of construction of incomplete objects and post-utilization of the objects which developed the resource;

31-1) conclusions about quality of building and construction works - the document by which persons exercising test authority support quality of the performed building and construction works;

32) building and construction works - the construction activities including:

earthwork operations and special works in soil;

the preparatory work connected with demolition of the existing buildings and constructions with the structure of temporary engineering networks, roads, storage areas, and also vertical layout of the territory;

construction of the bearing and (or) protecting structures of buildings and constructions (including bridges, transport platforms, tunnels and the subways, overpasses, pipelines, other artificial structures);

special construction and installation works on laying of linear constructions;

structure of outside engineering networks and constructions, and also internal engineering systems;

works on protection and finishing of designs and equipment;

construction automobile and railroads;

mounting of processing equipment, including its assembly and installation in project provision on site continuous operation, individual testing and load test, and also dismantle;

33) construction products - intermediate and (or) resulting effect of architectural, town-planning and (or) construction activities;

34) quality of construction products (quality of object) set of the characteristics (including esthetic) the end construction products brought to the consumer reflecting the requirements aimed at providing interests and safety of owners (users) and society in general throughout all service life (operation, use, application);

35) lines of regulation of building (the line of building) - the building borders established in case of placement of buildings (constructions, structures) with space from red and yellow lines or from lot lines;

35-1) pricing in construction - the mechanism of formation of cost of construction products;

35-2) The unified state register of new technologies in construction - the list of the new effective technologies of construction production implemented in the Republic of Kazakhstan by subjects of architectural, town-planning and construction activities on which there are no regulations in the estimate regulatory base, created according to the procedure, determined by authorized body in the field of architecture, town planning and construction;

35-3) estimated cost of construction - the money necessary for implementation of asset construction which amount is determined on the basis of project materials and the estimate regulatory base;

36) red lines - the borders separating the territories of quarters, residential districts, other elements in planning structure of settlements streets (drives, squares). Red lines are, as a rule, applied to regulation of borders of building;

36-1) greening plantings - the forest parks, parks, squares, boulevards, linear landings, house adjoining landings, lawns, flower beds located in borders of settlements on lands public;

37) prototype - the illustrative (visual) material executed in strict accordance with scale in volume form (with disaggregation or it is conditional) for the purpose of establishment of space proportionality of the planned territories, designed projects, their separate elements, and also interiors of rooms or internal space of constructions. As prototype video records of computer space simulation can be used;

38) the state town-planning inventory - the state system of the quantitative and qualitative indexes including town-planning regulations, the cartographic, statistical and text information characterizing the territory of town-planning, architectural and construction activities for signs of social legal regime of its use, to the level of technical security in parameters and condition of the objects located on it and also climatic conditions and ecological condition;

39) the state standard rates (the state regulating documents) - system of the regulatory legal acts, town-planning and technical regulations, normative and technical documents, other mandatory requirements, conditions and restrictions providing favorable, safe and other necessary conditions for dwelling and life activity of the person;

39-1) state expert organization - the legal entity created according to the decision of the Government of the Republic of Kazakhstan in form of business of the republican state company on the right of economic maintaining and performing the activities for conducting complex non-departmental examination of construction projects of objects (feasibility statements and the design estimates), forming and maintaining national bank of construction projects, and also provision of feasibility statements, standard projects and project (project and estimate) documentation referred to the state monopoly from national bank of construction projects;

40) the sketch (conceptual design) - the simplified type project (planning, space, architectural, technological, constructive, engineering, decorative or another) decisions, the intention of this decision executed in the form of the scheme, the drawing, initial sketch (drawing) and explaining;

40-1) it is excluded;

41) the master plan of object - the part of the construction project of object (the building, construction, complex) containing the complex solution of questions of its placement in the territory (site), laying (posting) of the transport communications, engineering networks, engineering training of the site, improvement and gardening, the organization of economic servicing and other actions connected with location of designed project;

42) post-utilization of object - complex of works on dismantle and demolition of capital structure (the building, construction, complex) after the termination of its operation (use, application) with simultaneous recovery and recycling of the regenerated elements (designs, materials, the equipment), and also conversion of the elements and waste which are not subject to regeneration;

43) monitoring of objects - system of observations of condition and changes of objects of architectural, town-planning and construction activities;

44) technical complexity of object - level of responsibility of construction object on degree of technical requirements to reliability and durability of the bases and designs established by the state and (or) interstate (international) standard rates depending on functional purpose of object, features its the bearing and protecting designs, the number of floors (constructive tiers), seismic danger or others special geological, hydrogeological, geospecifications of the place (area) of construction which are subdivided on:

the first level of responsibility - raised;

the second level of responsibility - normal;

the third level of responsibility - lowered;

44-1) acceptance act of object in operation - the document confirming completion of asset construction according to the approved project and the state (interstate) standard rates and complete readiness of object for operation.

44-2)  No. 366-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 28.10.2015

44-3) conclusion about compliance of the performed works to the project - the document by which persons exercising designer's service support compliance of the performed works of the approved project (project and estimate) documentation;

45)  No. 542-IV ZRK is excluded according to the Law of the Republic of Kazakhstan of 13.01.2012

46) preservation of objects under construction - package of measures for ensuring safety and quality characteristics of designs, materials and the equipment incomplete asset construction for temporary suspension of its construction;

47) the sanitary protection zone - the territory separating zones of special purpose, and also industrial enterprises and other production, utility and warehouse facilities in the settlement the nearby selitebny territories, buildings and constructions of construction engineering assignment for the purpose of weakening of impact to them adverse factors;

47-1) chamber of the expert organizations (further - chamber) - the single non-profit organization created by legal entities in number of at least three accredited expert organizations performing expert activities in the field of designing of construction objects, except for the state expert organization;

48) yellow lines - borders of the most admissible zones of possible distribution of blockages (collapses) of buildings (constructions, structures) as a result of destructive earthquakes, other disasters of natural or technogenic nature. Yellow lines are, as a rule, applied to regulation of gaps between buildings and constructions;

48-1) declaration of conformity - the document which the contractor (prime contractor) certifies compliance of the performed works completed by asset construction to the approved draft and requirements of the state (interstate) standard rates;

49) architectural and planning task - complex of requirements to assignment, key parameters and placement of object on the specific parcel of land (site, trass), and also the mandatory requirements, conditions and restrictions to designing and construction established according to town-planning regulations for this settlement. At the same time establishment of requirements for color scheme and material utilization of finishing of facades of buildings (constructions), volume space to the decision according to sketches (conceptual designs) provided by the customer (the builder, the investor) is allowed;

50) engineering services in the field of architectural, town-planning and construction activities - the range of services (technical and author's supervisions, project management) providing preparation and implementation of construction for the purpose of achievement of optimum project indicators;

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