ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 15, 2006 No. 770

About approval of Rules of the organization and carrying out acceptance for operation of the real estate units legalized according to the Law of the Republic of Kazakhstan "About amnesty in connection with legalization of property"

According to article 12 of the Law of the Republic of Kazakhstan of July 5, 2006 "About amnesty in connection with legalization of property" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of the organization and carrying out acceptance for operation of the real estate units legalized according to the Law of the Republic of Kazakhstan "About amnesty in connection with legalization of property".

2. This resolution becomes effective from the date of signing and is subject to publication.

Approved by the order of the Government of the Republic of Kazakhstan of August 15, 2006 No. 770

Rules of the organization and carrying out acceptance for operation of the real estate units legalized according to the Law of the Republic of Kazakhstan "About amnesty in connection with legalization of property"

1. General provisions

1. These rules of the organization and carrying out acceptance for operation of the real estate units legalized according to the Law of the Republic of Kazakhstan of July 5, 2006 "About amnesty in connection with legalization of property" (further - Rules), establish special procedure for acceptance for operation of the buildings and constructions which are earlier finished by construction, but not accepted in accordance with the established procedure in operation and did not undergo state registration with registration of the rights to this real estate according to the legislation of the Republic of Kazakhstan (daleelegalizovanny object).

2. On action of these rules provisions of articles 74-78 of the Law of the Republic of Kazakhstan of July 16, 2001 "On architectural, town-planning and construction activities in the Republic of Kazakhstan", and also the regulatory legal acts regulating procedure do not expatiate:

1) passings of allowing procedures on construction (production of installation and construction works);

2) accessions of legalized object to external networks of heat supply, electric utility service, gas supply, water supply system, sewerage and radiofication;

3) forming of structure of inspections and acceptance of complete object in operation.

2. Procedure for the organization and carrying out acceptance for operation of legalized object

3. Local executive bodies within two working days from the date of removal by the relevant commission on carrying out legalization of real estate (further - the Commission) decisions on legalization of real estate will organize carrying out acceptance for operation of legalized object. Acceptance for operation of legalized object is performed within ten working days.

4. Acceptance for operation of legalized object are performed by local executive body in the way:

1) establishments of compliance to town-planning regulations, fire-proof and other normative requirements regarding placement (arrangement) of legalized object in system of building on actual state;

2) inspections on availability of the subjective service conditions of legalized object allowing undesirable impacts on the environment, steady functioning of other objects, and also violating legitimate interests of individuals, the public and (or) the state;

3) visual, and in need of laboratory check of compliance of legalized object to normative requirements to durability and reliability of the bearing and protecting designs, and also sanitary, ecological, radiation, fire and explosive safety;

4) visual inspection, and if necessary, control approbation of engineering systems (autonomous or centralized heating, electroenergy consumption, plumbing and sanitary, gasification, radiofication), and also processing production equipment for the purpose of complex check of their readiness (validity) for operation on the functional purpose (purpose) of legalized object declared by the subject of legalization;

5. By results of the performed complex inspection legalized object is accepted in operation.

6. Acceptance of legalized object in operation is drawn up by the acceptance act according to the standard form attached to these rules.

The data connected with features of location, target and functional purpose of legalized object can be in addition reflected in the acceptance act.

7. After execution of the acceptance act of legalized object in operation this document goes local executive body to the Commission which made the decision on further review of documents earlier.

8. The organization and carrying out acceptance for operation of legalized object are performed on a grant basis.

Appendix

to Rules of the organization and carrying out acceptance for operation of the real estate units legalized according to the Law of the Republic of Kazakhstan "About amnesty in connection with legalization of property"

                          Типовая форма акта
                  о приемке легализованного объекта
                     строительства в эксплуатацию
 
                              Утверждено
                    постановлением акима (акимата)
                ______________________________________
                (наименование области, города, района)
                    от "___" ________ 200_г. № ___
                ______________________________________
                 (подпись, фамилия и инициалы акима)
 
                                 АКТ
        приемочной комиссии о приемке легализованного объекта
                     строительства в эксплуатацию
 
     от "___" ________ 200_г.             ____________________________
                                            (местонахождение объекта)

     Приемочная комиссия,  назначенная  решением  акима  (наименование
органа, назначившего комиссию) от "___" ________ 200_г. ______________
     в составе:
     председателя ___________________________ ________________________
                   (фамилия, имя, отчество)         (должность)
     заместителя председателя    -    представителя    государственной
архитектурно-строительной инспекции
     _____________________________ _______________________                                                       
(фамилия, имя, отчество)
       (фамилия, имя, отчество)        

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