Qualification Requirements Specified To Certain Types (Sub-Divisions) Of Licensed Activity In The Sphere Of Architecture, Town-Planning And Construction: Changes Connected With The Establishment Of Categories Of Licensees

On 25 January 2012 the Qualification Requirements Specified to Certain Types (Subdivisions) of Licensed Activity in the Sphere of Architecture, Town-Planning and Construction (hereinafter – Qualification Requirements) were approved by the Government of Kazakhstan Decree No. 162, which cancelled the effect of the old Qualification Requirements approved by the Government Decree No. 555 dated 30 June 2007.

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 the passed changes in Kazakh legislation in connection with introduction of the new Qualification Requirements.

1. OVERVIEW

   On the 15th July 2011 the 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 became effective on 30 January 2012.

   The Law on Amendments provides provision on division of licensees into 3 categories depending on the level of responsibility (hereinafter – LR) of the constructed facilities:

   I category – carrying out activities on facilities of all LR in frame of the existing license;

   II category - carrying out activities on facilities of II and III LR as well as on I LR in frame of the existing license under subcontract agreements;

   III category - carrying out activities on technically simple facilities of II and III LR as well as on I and II LR in frame of the existing license under subcontract agreements.

   In order to implement the changes introduced by the Law on Amendments, the Qualification Requirements, which become effective on 7 March 2012, were approved and officially published.

   Some of the most important qualification requirements, specified to licensees in the sphere of architecture, town-planning and construction activity, are summarized below.

2. QUALIFICATION REQUIREMENTS FOR CARRYING OUT PLANNING ACTIVITY

   Category of licensee

   Requirements to qualification content of an applicant

   Availability of production base

   Additional requirements

   I category

   Presence of engineering and technical personnel, having:

   - relevant Higher Professional Education (hereinafter – HPE) in the sphere of planning activity and work experience not less than 5 years, or

   - relevant Secondary Professional (SP) or Technical and Professional Education (TPE) in the sphere of planning activity and work experience not less than 7 years...