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

of November 30, 2015 No. 750

About approval of Rules of the organization of building and passing of allowing procedures in the field of construction

According to subitem 23-14) 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" and the subitem 1) article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" PRIKAZYVAYU:

1. Approve the enclosed Rules of the organization of building and passing of allowing procedures in the field of construction.

2. Recognize invalid:

the order of the Minister of national economy of the Republic of Kazakhstan of March 20, 2015 No. 238 "About approval of Standard rules of building" (registered in the Register of state registration of regulatory legal acts for No. 10523, published in information system of law of Ad_let on April 10, 2015);

the order of the Minister of national economy of the Republic of Kazakhstan of March 31, 2015 No. 293 "About approval of Rules of registration and issue of initial materials (data) for designing, and also passing of allowing procedures on construction new and change of the existing objects (buildings, constructions, their complexes and communications)" (registered in the Register of state registration of regulatory legal acts for No. 10633, published in information system of law of Ad_let on April 21, 2015);

3. 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 the direction it the copy on official publication in periodic printing editions and 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.

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

5. This order becomes effective since March 1, 2016 and is subject to official publication.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of November 30, 2015 No. 750

Rules of the organization of building and passing of allowing procedures in the field of construction

Chapter 1. General provisions

1. These rules of the organization of building and passing of allowing procedures in the field of construction (further – Rules) are developed according to subitem 23-14) of article 20 of the Law of the Republic of Kazakhstan "About architectural, town-planning and construction activities in the Republic of Kazakhstan" (further – the Law), subitem 1 of article 10 of the Law of the Republic of Kazakhstan "About the state services", Item 1 of article 25 of the Law of the Republic of Kazakhstan "About permissions and notifications", Articles 75 and 91 Administrative procedural and procedural the code of the Republic of Kazakhstan and determine procedure for the organization of building, passing of allowing procedures in the field of construction and rendering the state services "Provision of Initial Materials in Case of Project Development of Construction and Reconstruction (Re-planning and Re-equipment)" and "Approval of the Sketch (Outline Sketch)".

2. These rules are applied by local executive bodies (further – MIO), service providers on engineering and utility support, control facilities and supervision in the field of architecture, town planning and construction, subjects of architectural, town-planning and construction activities irrespective of patterns of ownership on subjects to building and (or) reconstruction, including networks of engineering infrastructure, and also owners of real estate objects regarding their operation and content, including in case of development of town-planning documentation.

3. Physical persons and legal entities perform building in the territory of the settlement according to these rules.

The procedure for provision of the parcels of land for the purposes of construction is determined by the Land code of the Republic of Kazakhstan.

4. In these rules the following concepts are used:

1) initial materials - the materials necessary for project development of construction and reconstruction (re-planning, re-equipment) rooms (separate parts) of the existing buildings;

2) individual housing construction - construction of individual apartment houses by citizens, on the parcel of land assigned to them in accordance with the established procedure, their own forces, the contract or another, not prohibited by the legislation method;

3) the title document on the parcel of land - the document confirming occurrence of dispositive facts (legal structures) based on which arise the rights to the parcel of land, including agreements, decisions of the courts, legal acts of executive bodies, the certificate on the right to inheritance, the transfer act or the separation balance sheet change or stop by reorganization of the non-state legal entities who are owning the parcel of land on the property right or redeemed the right of temporary paid land use (lease);

4) the identification document on the parcel of land - the document containing the identification characteristics of the parcel of land necessary for the purposes of maintaining land, legal and town-planning inventories;

5) re-equipment - the change of the room (rooms) connected with change of its functional purpose, complete or partial replacement of internal system of the processing and (or) engineering equipment necessary for life support and operation;

6) re-planning - the change of the layout of the room (rooms) integrated to change of borders of this room (these rooms);

7) construction - activities for creation of fixed assets of production and non-productive appointment by construction new and (or) changes (expansions, upgrades, modernization, reconstruction, restoration, capital repairs) the existing objects (buildings, constructions and their complexes, communications), installation (dismantle), the related processing and engineering equipment, 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;

8) the building site - the territory used for placement of constructed facility, temporary structures and constructions, the equipment, dumps of soil, warehousing of construction materials, products, the equipment and accomplishment of installation and construction works;

10) body of the state architectural construction supervision and supervision - the structural division of local executive body exercising the state architectural construction supervision behind safety, quality, reliability and stability of construction objects;

11) the contractor - the physical person or legal entity having the license for the corresponding type of activity, performing contract works in the field of construction on the works agreement or the agreement on public procurements signed with the customer or with the engineering organization in the field of construction according to the legislation of the Republic of Kazakhstan;

12) objects (construction objects, their complexes) - buildings, and also volume, plane and linear constructions:

construction engineering appointment;

domestic, including engineering networks;

automobile both railroads and their infrastructure;

air and water transport;

bridges, overpasses, tunnels, products pipelines and power lines with engineering constructions;

telecommunication and space communication;

power engineering specialists, including buildings and constructions for nuclear power;

the industries, including buildings and constructions for mining industry;

agricultural, water management, irrigational and (or) hydrotechnical purpose;

residential, production and subsidiary and economic appointment in reserves, wildlife areas, fish nurseries, forest, hunting and other grounds;

in military camps and special military technology complexes.

Rooms (separate parts) of the existing buildings (constructions) in which it is planned to make reconstruction, re-planning, re-equipment also belong to objects;

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