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

of March 19, 2015 No. 229

About approval of Rules of the organization of activities and implementation of functions of the customer (builder)

(as amended on 13-05-2024)

According to subitem 23-17) of article 20 of the Law of the Republic of Kazakhstan "About architectural, town-planning and construction activities in the Republic of Kazakhstan", PRIKAZYVAYU:

1. Approve the enclosed Rules of the organization of activities and implementation of functions of the customer (builder).

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:

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 in the Ministry of Justice of the Republic of Kazakhstan the direction on official publication in periodic printing editions and information system of law of Ad_let;

3) publication 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

E.Dosayev

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of March 19, 2015 No. 229

Rules of the organization of activities and implementation of functions of the customer (builder)

Chapter 1. General provisions

1. These rules of the organization of activities and implementation of functions of the customer (builder) (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) and determine procedure for the organization of activities and implementation of functions of the customer (builder) (further - the customer).

Specific obligations of the customer in case of accomplishment of project and construction works are determined by the agreement of the parties.

When implementing activities for the organization of construction of facilities due to fund raising of physical and (or) legal entities for participation in construction, function of the customer are regulated by the Law of the Republic of Kazakhstan "About equity in house construction".

2. In these rules the following concepts are used:

1) information systems for the organization of carrying out construction for the principle of "one window" (further – IS) – the information system integrated with the Portal, is intended for automation of the transactions connected with maintaining construction documentation and control of objects under construction electronically;

2) 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;

3) project (project and estimate) documentation – set of architectural, space-planning, functional, constructive, technology, engineering, nature protection, energy saving, economic and other concepts, and also estimate calculations for the organization and the maintaining construction, engineering training of the territory, improvement executed according to design assignment and regulating technical documents;

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

5) the investor - the state, the legal entity or physical person performing investments of own, loan or raised funds in the form of investments;

6) the contractor – the physical person or legal entity having the license for the corresponding type of activity, performing contractor's work in the field of construction on the works agreement or the agreement on public procurements signed with the customer or with person performing engineering services in the field of architectural, town-planning and construction activities for project management (further – engineering project management services);

7) 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.

3. The construction new and (or) change (expansion, upgrade, modernization, reconstruction, restoration, major repair) of the existing objects (buildings, constructions and their complexes, communications), mounting (dismantle), commissioning of the related processing and plumbing system, and also preservation of construction of incomplete objects includes the field of activity of the customer.

4. The customer performs construction of facilities, including implementation of investment projects (programs) at the expense of the means arriving from republican and local budgets, own means, means of the investor (investors) and also from the legal entities and physical persons bringing investments according to the procedure of equity in construction.

5. The customer on the conditions determined in the contract with the investor disposes allocated for asset construction cash and appliances of the investor and provides:

1) target and timely use of resources of the investor;

2) observance of regulatory legal acts and regulating technical documents during the designing and asset construction;

3) adoption of effective project solutions, quality of the used materials, designs, the equipment and carrying out building and construction works;

4) adherence to deadlines of commissioning of the facility.

6. In the presence of necessary allowing documents and the license for the corresponding type of activity the customer performs asset construction by own forces, combining functions of the customer and the contractor.

7. If necessary the customer attracts on a contract basis the engineering organization to rendering project management services. In this case the engineering organization in accordance with the terms of the agreement bears responsibility for implementation of the functions of the customer assigned to it except for listed in Item 8 of these rules.

8. Under the organization and maintaining construction the following functions are performed by the customer independently:

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