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ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of April 1, 2015 No. 299

About approval of Rules of conducting complex non-departmental examination of the feasibility statements and the design estimates intended for construction new, and also changes (reconstruction, expansions, modernization, upgrade and major repair) the existing buildings and constructions, their complexes, engineering and transport communications irrespective of financing sources

(as amended on 26-04-2021)

According to subitem 11-5) 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 conducting complex non-departmental examination of feasibility statements and the design estimates intended for construction new, and also change (reconstruction, expansion, modernization, upgrade and major repair) the existing buildings and constructions, their complexes, engineering and transport communications irrespective of financing sources.

2. To provide to committee on cases of construction, housing and communal services and management of land resources of the Ministry of national economy 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) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

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

Minister of national economy of the Republic of Kazakhstan

E.Dosayev

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of April 1, 2015 No. 299

Rules of conducting complex non-departmental examination of feasibility statements and the design estimates intended for construction new, and also changes (reconstruction, expansions, modernization, upgrade and major repair) the existing buildings and constructions, their complexes, engineering and transport communications irrespective of financing sources

Chapter 1. General provisions

1. These rules of conducting complex non-departmental examination of feasibility statements (further - the feasibility study) and the design estimates (further - the design and estimate documentation), intended for construction new, and also changes (reconstruction, expansions, modernization, upgrade and major repair) the existing buildings and constructions, their complexes, engineering and transport communications irrespective of financing sources (further - Rules) are developed according to subitem 11-5) 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" (further - the Law).

2. Rules determine:

procedure for carrying out by the principle of "one window" of complex non-departmental examination of the feasibility study and design and estimate documentation intended for construction new, changes (reconstruction, expansions, modernization, upgrade and major repair) the existing buildings and constructions, their complexes, and also engineering training of the territory, improvement and gardening irrespective of financing sources;

procedure for carrying out as a part of complex non-departmental examination of the feasibility study and the design and estimate documentation of the state ecological assessment on objects I of category of economic activity, ecological assessment of projects on objects II, III, IV of categories of economic activity, according to classification of objects of environmental impact assessment, stipulated in Clause 40 Ecological codes of the Republic of Kazakhstan of January 9, 2007 (further - the Ecological code), and also issues of permission to emissions to the environment on objects I, II, III, IV of categories, according to classification of categories of the objects requiring receipt of permissions to emissions to the environment, the stipulated in Clause 71 Ecological code;

procedure for development and approval of individual plans of step-by-step development and approval of the design and estimate documentation for construction of the separate objects requiring special regulation and (or) town-planning regulation;

procedure of complex non-departmental examination of projects in the mode of expert maintenance on objects and complexes on which it is provided to design and build step by step.

3. According to construction projects new, changes (reconstruction, expansions, modernization, upgrade and major repair) the existing buildings and constructions, their complexes, and also engineering training of the territory, improvement and gardening complex non-departmental expertize of construction projects of objects is carried out by the principle of "one window" and includes, including the state ecological assessment or ecological assessment of projects, sanitary and epidemiologic examination of projects (industry examinations).

Rules are subject to observance for all subjects of the architectural, town-planning and construction activities performed in the territory of the Republic of Kazakhstan.

4. Rules extend to conducting examinations of the projects provided by subitems 1) and 2) of Item 1 of article 64-3 of the Law.

5. According to the construction projects specified in item 4 of article 64-1 of the Law, complex non-departmental examination is not obligatory and is carried out only at the discretion of the customer.

6. The complex non-departmental expertize of projects which is carried out state or the accredited expert organizations according to their competences established by articles 64-4 and 64-5 of the Law is performed based on contracts with reference of costs for cost of the considered project.

7. The cost of conducting complex non-departmental examination of construction projects is determined according to Items 2 and 3 of article 64-2 of the Law.

8. The sanitary and epidemiologic and ecological examinations of projects which are parts of complex non-departmental examination of construction projects of objects are performed by the experts certified according to the procedure, the determined Rules of certification of the experts who are carrying out expert works and engineering services in the field of architectural, town-planning and construction activities, approved by the order of the Minister of national economy of the Republic of Kazakhstan of November 27, 2014 No. 114 (registered in the Register of state registration of regulatory legal acts for No. 10058).

9. Complex non-departmental examination of the feasibility report and design and estimate documentation on construction of facilities is carried out before their approval.

The construction projects which are subject to obligatory complex non-departmental examination, but did not undergo it and did not receive the positive decision with the recommendation on approval of the project are considered as incomplete and are not subject to further realization.

Chapter 2. Procedure for carrying out by the principle of "one window" of complex non-departmental examination of the feasibility study and design and estimate documentation intended for construction new, changes (reconstruction, expansions, modernization, upgrade and major repair) the existing buildings and constructions, their complexes, and also engineering training of the territory, improvement and gardening irrespective of financing sources

Paragraph 1. Purpose and tasks of complex non-departmental examination of construction projects

10. The purpose of complex non-departmental examination of construction projects is 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:

town-planning and technical regulations, regulations and provisions of the state and interstate regulating documents, estimate norms in the field of architecture, town planning and construction;

regulatory legal acts and normative and methodical documents in the field of environmental protection;

regulatory legal acts in the field of sanitary and epidemiologic wellbeing of the population and hygienic standard rates.

11. During conducting complex non-departmental examination tasks on project evaluation of construction are carried out on:

1) compliance to design assignment, other initial documents (the materials this), to tasks, specifications and requirements, and also the approved town-planning regulations and town-planning (planning) decisions and functional purpose of this site (site, the route) constructions;

2) observance of the state and interstate normative requirements for ensuring sanitary and epidemiologic, ecological and fire safety, requirements to durability and reliability of the designs providing steady functioning of object, and also observance of construction regulations and rules, standards of foreign states, the international and regional organizations for the objects which are in the territory of special economic zones, the international specialized exhibition in the territory of the Republic of Kazakhstan;

3) conformance to requirements on energy efficiency of unique buildings and constructions (their protecting designs), and also objects which project consumption of energy resources exceeds equivalent indicator in five hundred tons of conditional fuel a year;

4) compliance to the conditions and restrictions set in the field of resource-saving, protection of interests of domestic manufacturers;

5) justification of the made space-planning and constructive decisions, the applied materials, the processing and plumbing system, reliability and durability of building constructions;

6) justification and feasibility of the amounts of construction of facilities provided by the design and estimate documentation (buildings and constructions, their complexes, communications);

7) justification and reliability of indicators, including settlement or estimate construction costs;

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