Law On Amending Certain Legislative Acts Regarding Improvement Of The Regulatory Approval System: Changes In Law On Architecture, Town-Planning And Construction Activity

In Kazakhstan the Law on Amending Certain Legislative Acts Regarding Improvement of the Regulatory Approval System (aimed at business liberalisation by reduction of administrative burdens and permits) came into effect on 30 January 2012.

In line with GRATA Law Firm's practice of keeping clients informed of important legal developments that might influence their business, we would like to draw your attention to changes in Kazakh legislation in connection with entry into force of the new Law on Amending Certain Legislative Acts Regarding Improvement of the Regulatory Approval System.

1. OVERVIEW

   On 15th July 2011 President of the Republic of Kazakhstan signed the Law on Amending Certain Legislative Acts Regarding Improvement of the Regulatory Approval System (hereinafter – the "Law on Amendments"), which came into effect on 30 January 2012.

   The Law on Amendments amended 54 Kazakh Laws, including the Environmental Code, the Tax Code, the Land Code, the Code on Administrative Offences, the Law on Licensing, the Law on Architecture, Town-Planning and Construction Activity, the Law on Industrial Safety and many others.

   Some of the most important changes introduced by the Law on Amendments to the Law on Architecture, Town-Planning and Construction Activity are summarized below.

2. AMENDMENTS INTRODUCED TO THE LAW ON ARCHITECTURE, TOWN-PLANNING AND CONSTRUCTION ACTIVITY

   The Law on Amendments provides a provision on carrying out examination of projects, design and technical supervision by an expert, having relevant certificate for rendering engineering services in the sphere of architecture, town-planning and construction activity. We remind that previously these services were rendered by organisations which had a relevant license. Please note that state examination of construction projects is carried out by a legal entity that shall have among its staff relevant attested experts.

   Individuals as well as legal entities carrying out design activity and construction and assembly works in the sphere of architecture, town-planning and construction are divided into 3 categories depending on the level of responsibility of the constructed facilities.

   Permit for carrying out construction and assembly works is not required for reconstruction, alterations, improvement of premises in existing housing buildings, carried out within existing boundaries of land plot (territory) without changes to structures and functional purpose of the facility (except for regions...