Special edition – novelties in legislation on architectural activity

The Law “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan” dated 16 July 2001 was amended as part of the larger government initiative for fundamental improvement of business environment in Kazakhstan.

Some of the most significant amendments are specified below.

The State not involved in construction site acceptance process.

As from 2016, the procedure for acceptance of construction sites will evolve considerably. In particular, the State’s participation in acceptance committees will be abolished, and the responsibility for constructed sites will fully lie on the construction stakeholders (client, contractor, design supervisor and technical supervisor).

The construction site acceptance procedure will be as follows:

1. After completion of construction, a contractor along with design and technical supervisors file documents confirming the quality of construction and compliance with construction rules and construction solutions:

•\tContractor: declaration of conformity;

•\tTechnical Supervisor: conclusion on the quality of construction and installation works;

•\tDesign Supervisor: conclusion on the conformity of works performed to the project.

2. The construction stakeholders check the technical documentation and examine the site. In case of compliance with specified requirements, construction stakeholders (client, contractor, technical and design supervisors) accept the site by signing an acceptance act.

3. After acceptance of the site, the client approves the acceptance act and registers the same with the competent body.

Indirect State control over construction

In accordance with the novelties, the state control over the construction process is only limited by inspection of technical supervision activities.

Thus, the technical supervision must ensure high-quality construction and installation works, and must immediately report any violations/irregularities by the contractor to the competent body. The competent body then runs inspection of the technical supervision activities and issues a certificate and statement outlining irregularities identified during the inspection and sends those to the technical supervisor and the client.

Novelties in expertise

The following are subject to statutory (mandatory) expertise:

•\tUrban planning projects;

•\tProjects with direct or indirect participation of the State.

State monopoly in examination activities applies to projects in respect of:

•\tNew sites of interstate importance;

•\tUnique construction sites;

•\tTechnically complex buildings finances by the State;

•\tArticles of projects finances by the State.

Additional expertise is carried out in the following cases:

•\tWhen the Client deems necessary to amend the projects documentation due to poorly developed project previously approved by the expertise;

•\tWhen the Client identifies during construction any unjustified deviations from the approved project.

Information contained in this Client Update is of general nature and cannot be used as legal advice or recommendation. Please seek a lawyer for a specific advice. Please note that Kazakhstan is an emerging economy and its legislation and legal system are in constant development. Should you have any questions or would like to discuss matters addressed in this Client Update, please contact us.