The issue of illegal construction in Kazakhstan is still relevant. This is probably due to the complexity and many aspects of construction. However, taking into account the fact that any construction is associated with the need to invest considerable funds, illegal construction is fraught with their loss.

Our goal is to reveal the algorithm for the correct design of the construction of non-residential facilities, as well as the consequences of illegal construction.
 

Following the letter of the law, the construction implementation algorithm is as follows:

1) obtaining source materials;

2) development and approval of a draft design;

3) development of design and estimate documentation;

4) examination of the construction project;

5) notification of the authorities exercising state architectural and construction control and supervision of the commencement of construction and installation works;

6) production of construction and installation works;

7) commissioning of the constructed object.
 

To develop a construction project, you first need to obtain source documentation, including:

1) architectural and planning assignment;

2) technical conditions for connection to sources of engineering and utilities;

3) transverse profiles of roads and streets;

4) vertical planning marks;

5) a copy of the detailed planning project;

6) schemes of routes of external engineering networks;

 

The above starting materials for construction can be issued online on the portal www.egov.kz .  The term of the service is from 6 to 17 working days.

 

Further, to develop a draft design, you will need to contact a design company that has a license for the relevant work.

 

The developed draft design is subject to approval, which is carried out in electronic format, on the websitewww.egov.kz / www.eliсense.kz   within 10 working days.

 

Now you can start developing design and estimate documentation.

 

After the completion of the working project, its examination is carried out. It is carried out either by certified experts, or by accredited expert organizations, or by a state expert organization.(www.epsd.kz). Upon receipt of a positive expert opinion, the construction project is approved. This service is provided on a paid basis. The timing of the examination depends on the complexity of the object and on the category of its potential hazard.

 

Cases of construction of facilities without design (design and estimate) documentation, or under design documentation that has not passed the examination in the prescribed manner, entail an administrative fine.

 

In addition, construction should be carried out with the obligatory accompaniment of designer and technical supervision. To do this, the customer concludes an agreement with the author or project developer / expert who has the right to conduct field supervision, an expert who has the appropriate certificate for the provision of engineering services in the field of architectural, urban planning and construction activities.

 

Before starting construction and installation work, it is required to notify the local authorities of state architectural and construction control through the portal www.elicense.kz.

 

After the construction and installation work is completed and the constructed object is finally ready, it is subject to acceptance into operation.

 

The certificate of acceptance of the constructed facility into operation is signed by the customer, the contractor (general contractor), persons exercising technical and architectural supervision. The result of this stage will be an approved Acceptance Certificate, which is subject to accounting and registration in order to secure the rights to the constructed object.

 

For this, the Customer sends to the State Corporation “Government for Citizens” an approved Act acceptance of the object into operation with the attachment to it of the technical characteristics of the object, a declaration of conformity, an opinion on the quality of construction and installation work and the compliance of the work performed with the project.

The declaration of conformity is provided by the contractor who carried out the construction of the facility, the conclusion on the quality of construction and installation work is issued by technical supervision, and the conclusion on the conformity of the work performed to the project is issued by the person exercising designer supervision of the project.

 

After that, these documents are sent by the GC “Government for Citizens” to the bodies of state architectural and construction control at the location of the object. In the event of violations, non-compliance of the documentation with the established norms and requirements, the state architectural and construction control body notifies the registration body and applies liability measures in accordance with the legislation of the Republic of Kazakhstan. In the absence of violations, the registering authority issues a letter of registration of the Act of acceptance of the constructed object into operation.

 

Thus, summing up the above, it should be noted that the construction of real estate is a rather serious process, consisting of many stages and nuances, non-compliance with which entails various risks, such as fines, suspension of work, demolition of the building.

 

There are cases of legalization of illegal buildings through the courts through the recognition of ownership of them. However, judicial practice in such cases is rather ambiguous. The favorable or unfavorable outcome of the case will depend on the court’s assessment of the following circumstances:

•   does the person who carried out the illegal construction owns the land plot occupied by him;
•   Does the illegal construction correspond to the intended purpose of the land plot?;
•   was there a violation of the rights and interests of other persons during the construction of an illegal structure;
•   does this structure pose a threat to the life and health of citizens.

 

The lawyers of our company have extensive experience in the area under consideration and are ready not only to advise you, but also to take on all the worries of supporting the construction process.