I.O.'S ORDER OF THE CHAIRMAN OF COMMITTEE ON CASES OF THE CONSTRUCTION AND HOUSING AND COMMUNAL SERVICES OF THE MINISTRY OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 30, 2020 No. 110-HK

About modification and amendments in the order of the chairman of Committee on cases of construction and housing and communal services of the Ministry for Investments and Development of the Republic of Kazakhstan of November 14, 2017 No. 249-HK "About approval of regulating documents on pricing in construction"

I ORDER:

Bring in the order of the chairman of Committee on cases of construction and housing and communal services of the Ministry for Investments and Development of the Republic of Kazakhstan of November 14, 2017 No. 249-HK "About approval of regulating documents on pricing in construction" (it is registered in the Register of state registration of regulatory legal acts for No. 16073, it is published on December 20, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following changes and amendments:

state Item 1 in the following edition:

"1. Approve the following regulating documents on pricing in construction:

1) the regulating document by determination of estimated cost of construction in the Republic of Kazakhstan according to appendix 1 to this order;

2) the regulating document by determination of size of overheads and estimate profit in construction according to appendix 2 to this order;

3) the regulating document by determination of the additional costs connected with solutions of the project of the organization of construction according to appendix 3 to this order;

4) the regulating document on cost determination on engineering services in construction according to appendix 4 to this order.

5) the regulating document on cost determination of project works for construction in the Republic of Kazakhstan according to appendix 5 to this order;

6) the regulating document on cost determination of engineering researches for construction in the Republic of Kazakhstan according to appendix 6 to this order;

7) the regulating document on constructive and technological group of data in estimate documentation according to appendix 7 to this order;

8) the regulating document by determination of estimated cost of construction within realization of pilot project according to appendix 8 to this order;

9) the regulating document by determination of estimated cost of commissioning when commissioning construction objects in the Republic of Kazakhstan according to appendix 9 to this order.";

be reworded as follows appendix 1 according to appendix 1 to this order;

in the Regulating document by determination of size of overheads and estimate profit in construction:

be reworded as follows appendix 2 according to appendix 2 to this order;

in the Regulating document on cost determination on engineering services in construction:

state Item 1 in the following edition:

"1. This Regulating document on cost determination on engineering services in construction (further – the Regulating document) No. 242 "About architectural, town-planning and construction activities in the Republic of Kazakhstan", with the Rules of rendering engineering services in the field of architectural, town-planning and construction activities approved by the order of the Minister of national economy of the Republic of Kazakhstan of February 3, 2015 No. 71 is developed according to subitem 6-2) of article 20 of the Law of the Republic of Kazakhstan of July 16, 2001 (it is registered in the Register of state registration of regulatory legal acts for No. 10401), with the Rules of budget implementation and its cash servicing approved by the order of the Minister of Finance of the Republic of Kazakhstan of December 4, 2014 No. 540 (it is registered in the Register of state registration of regulatory legal acts for No. 9934).";

add with Item 6-1 in the following edition:

"6-1. For objects to which treasurer maintenance is applied in summary estimate calculation of construction cost costs for engineering project management services for construction on the set limits are provided.

For other objects of funds for engineering project management services are provided in summary estimate calculation of construction cost for the set limits according to the legislation in the field of architectural, town-planning and construction activities in the Republic of Kazakhstan.";

add with appendix 5 according to appendix 3 to this order;

add with appendix 6 according to appendix 4 to this order;

add with appendix 7 according to appendix 5 to this order;

add with appendix 8 according to appendix 6 to this order;

add with appendix 9 according to appendix 7 to this order.

2. Recognize invalid some orders of the chairman of Committee on cases of construction and housing and communal services and management of land resources of the Ministry of national economy of the Republic of Kazakhstan and the order of the chairman of Committee on cases of construction and housing and communal services of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan according to appendix 8 to this order.

3. To provide to management of estimate norms in construction of Committee on cases of construction and housing and communal services of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of Committee on cases of construction and housing and communal services of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan;

4. To impose control of execution of this order on the supervising vice-chairman of Committee on cases of construction and housing and communal services of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Order Acting as Chairman of Committee on cases of construction and housing and communal services of July 30, 2020 No. 110-HK

Appendix 1

to the Order of the Chairman of Committee on cases of construction and housing and communal services of the Ministry for Investments and Development of the Republic of Kazakhstan of November 14, 2017 No. 249-HK

The regulating document by determination of estimated cost of construction in the Republic of Kazakhstan

Chapter 1. General provisions

1. This Regulating document by determination of estimated cost of construction in the Republic of Kazakhstan (further – the Regulating document) No. 242 "About architectural, town-planning and construction activities in the Republic of Kazakhstan" is developed according to subitem 6-2) of article 20 of the Law of the Republic of Kazakhstan of July 16, 2001 and it is intended for determination of estimated cost of construction in case of development of preproject, project (project and estimate) documentation on the objects built due to the state investments into construction and means of subjects of the quasi-public sector.

2. The main objectives of estimate regulation and pricing in construction are:

ensuring costs planning on construction, its organizations and financing;

ensuring reliability of feasibility statements and determination of estimated cost of construction (new, expansions, reconstruction, upgrades, modernization, the capital repairs existing) the companies, buildings and constructions;

providing through system of regulating documents on pricing and estimate regulation of cost determination of construction (new, expansions, reconstruction, upgrades, modernization, the capital repairs existing) the companies, buildings, constructions, reflected in estimate documents;

increase in investment soundness, optimization of expenditure of financial resources.

3. In total with rules, regulating documents and recommendations about development and application of estimate standard rates, determination of estimated cost of construction all estimate standard rates form system of estimate standard rates and pricing in construction.

Estimate standard rates are the generalized name of the complex of regulating documents on pricing and estimates which is basis for determination of estimated cost of construction and including:

regulating documents, methodical instructions, instructions and recommendations about cost determination of construction of facilities, to cost determination of the other works and services accompanying construction (project works, engineering researches, engineering services);

estimate norms for the works in construction established on the accepted measuring instrument;

estimate norms on the separate expenses and costs in construction expressed percentage of the accepted accrual base;

the enlarged estimate norms;

the enlarged cost indexes;

estimate prices of construction resources;

estimate prices of transportation of goods;

the prices of project works for construction;

the prices of engineering researches for construction.

Estimate standard rates are intended for determination of cost structure on production of construction, installation works, construction materials, products, designs, the equipment and other costs for the purpose of asset construction on the project approved by the customer.

4. If necessary estimate standard rates are used for economic evaluation and comparison of separate project decisions, and also for the analysis of structural changes of investments.

5. In this Regulating document the following basic concepts are used:

1) current prices – the prices of construction resources of the specific period;

2) unexpected works and costs – the expenses sent to the covering period on payment of expenses and actions of the amounts connected with refining in the course of construction and cost of installation and construction works which nature and methods of accomplishment could not be determined when designing owing to their unexpectedness and also in case of detection in the course of construction of mistakes in approved (passed the examination) the design estimates and identification of the works and costs which are not considered in working drawings and/or estimate documentation;

3) construction – artificially created three-dimensional, plane or linear object (land, surface and (or) underground, underwater) having natural or artificial space borders and intended for accomplishment of production processes, placement and storage of material values or temporary stay (movement) of people, loads, and also placement (laying, posting) the equipment or communications. The construction also has art and esthetic, arts and crafts or memorial appointment.

Also highways, power lines and bonds, bulk distribution lines belong to linear constructions iron;

4) capital repairs of buildings and constructions – works on recovery or replacement of separate parts of buildings (constructions) or the whole designs, details and the technical equipment in connection with their physical wear and destruction on more long-lasting and economic, improving them operational indicators;

5) the engineering equipment of buildings (constructions) – complex of the engineering systems and technical devices creating comfortable conditions of accommodation (life), labor activity (stay) of people, providing preserving material values, and also engineering support of processing equipment and production processes. The engineering equipment of buildings (constructions) includes devices of water supply systems (cold and hot), sewerages, heating, ventilation, air conditioning, gas supply, electric equipment, hoisting-and-transport devices (elevators, escalators), means of rubbish disposal, vacuum cleaning, fire extinguishing, the alarm system, installation of telephones, radiofication and other types of internal improvement;

6) the equipment – the processing and engineering equipment of objects of buildings (constructions);

7) new construction – construction of separate objects, buildings and constructions, complex of objects of the basic, the subsidiary and servicing purpose of the newly created companies, separate productions which after commissioning will be on separate balance, performed on new platforms for the purpose of creation of new object or new production capacity, construction on the new platform of the company of the same or bigger capacity (performance, handling capacity, capacity of the building or construction) instead of the liquidated company;

8) expansion of operating plant, the building or construction (further – object) – construction of additional productions, the areas, capacities on the operating object, and also construction new and expansion of the existing certain workshops and objects of the basic, the subsidiary and servicing purpose in the territory of the operating objects or the platforms adjoining them for the purpose of creation of additional or new production capacities. Also the construction of the branches and productions which are their part which after commissioning will not be on separate balance belongs to expansion of the operating objects. If in the course of project study need and economic feasibility along with expansion of object to perform reconstruction of the operating workshops and objects of the basic came to light, the subsidiary and servicing purpose, the corresponding works and costs are included the project of expansion of object. At the same time works and costs on reconstruction of the operating workshops and objects включаютс I in estimate and summary estimate calculations separately;

9) reconstruction of operating plant, the building or construction – object reorganization on the single complex project without construction new and expansions of the existing objects and workshops of basic purpose, directed to increase in production volume, receipt of new products, enhancement of production and improvement of its technical and economic level, service conditions and environmental protection, based on modern achievements of scientific and technical progress; reorganization of the building or construction for improvement of its functioning with changes of the main technical and economic indicators (quantity and the area of apartments, total structural volume and total area of the building, capacity or handling capacity or its appointment), change of the layout of rooms, construction of superstructures, integrations and extensions;

10) building – set of buildings and constructions (objects), of different function (production, social, transport and other infrastructure) which construction is performed according to the single design estimates with summary estimate calculation of construction cost;

11) pricing in construction – the mechanism of formation of cost of construction products;

12) construction queue – the part of construction consisting of one or several start-up complexes of group of buildings or constructions which input in operation provides production or rendering the services provided by the project. The design estimates in turn of construction are subject to approval, as as a part of building, and the separate project;

13) construction resources – costs of work of workers and drivers, time of operation of construction machines and mechanisms, construction materials, products and designs, the equipment;

14) material resources – construction materials, products, designs;

15) the estimate of the contractor (offer) – the estimate documentation as a part of the competitive proposal of the contractor constituted by it taking into account own organizational technological capability for participation in tenders on purchase of contract works and services;

16) object – the separate building or construction with all arrangements relating to it, the equipment, furniture, stock, subsidiary and auxiliary devices, with the engineering networks and all-areal materials adjoining to it, or set of the buildings and constructions having general technological or other purpose;

17) construction of facilities – new construction, reconstruction, upgrade, expansion of the companies, buildings and constructions, modernization of the companies, capital repairs of buildings and constructions;

18) the price list (price list) is the official and (or) reference media containing the systematized list of materials, products, the equipment, production operations, services with indication of the prices, and sometimes and short characteristics;

19) resource method – method of cost determination of construction by calculation in current prices and rates of cost elements (resources) necessary for project implementation of construction;

20) authorized body for architecture, town planning and construction – the central state body performing management in the field of public administration of architectural, town-planning and construction activities;

21) the project – the intention of physical persons and legal entities on providing necessary conditions of dwelling and life activity of the person provided in the form of architectural, town-planning and construction documentation (drawings, graphical and text materials, engineering and estimate calculations), including the feasibility statement on construction, and (or) the design estimates disclosing essence of intention and possibility of its practical realization;

22) the preproject documentation – the documentation which is preceding development of town-planning, architectural projects, the construction project and including programs, reports, feasibility statements on construction, technical and economic calculations, results of scientific research and engineering researches, technological and constructive calculations, sketches, prototypes, measurements and results of inspections of objects, and also other basic data and materials necessary for decision making about development of the project documentation and the subsequent projects implementation;

23) project (project and estimate) documentation – documentation containing space-planning, constructive, technology, engineering, nature protection, economic and other solutions, and also estimate calculations for the organization and maintaining construction, engineering training of the territory, improvement;

24) estimate documentation – documentation as a part of the construction project determining the estimated cost of construction;

25) the estimated cost of construction – the money necessary for implementation of asset construction which amount is determined on the basis of project materials and the estimate regulatory base;

26) estimate norms – the resource pool (costs of work of workers of construction, operating time of construction machines, materials requirement, products and designs) established on the accepted measuring instrument of construction, installation and other works or relative sizes specifying the size of separate expenses and costs in case of construction, expressed percentage of the accepted accrual base;

27) the estimate regulatory base – the state estimate standard rates developed on unified conceptual and methodical basis, jointly existing during certain period of time and constituting the normative legal basis for determination of estimated cost of construction;

28) estimate profit – the amount of means which is normative part of estimated cost of construction, intended for covering of the expenses not attributable to job cost, developments of contract organization, additional material stimulation of her workers;

29) the estimate of the customer (the investor, the builder, the administrator of budget programs) – the estimate documentation constituted on the basis of the state estimate standard rates, intended for planning of investing activities and determination of limit of means of the customer for asset construction and also carrying out purchases of works and services in construction;

30) modernization – complex of actions for increase in technical and economic level of separate productions, workshops and sites of operating plants on the basis of implementation of advanced technology and the new equipment, mechanization and automation of production, upgrade and replacement of obsolete and physically worn-out equipment new, more productive, and also on enhancement of economic and auxiliary services of the company;

31) processing equipment – the processing lines, machines, installations, devices, machines, mechanisms, devices and other devices making different engineering procedures as a result of which energy is made is developed semifinished product, ready-made product or their movement, and also processes accompanying them providing management automation with engineering procedures, functions of communication and control is provided; the sanitary equipment connected with ensuring operation of processing equipment and engineering procedures; the banding pipelines delivered complete with the capital equipment, pipeline armature, metal designs, sites of cables, measuring with the cut ends; the initial fund of the tool, industrial equipment and stock, etc. necessary for operation of the enacted companies, buildings and constructions, spare parts to the equipment;

32) object analog – the object similar (comparable) to designed project in the functional purpose and technical characteristics and having the most effective technical and economic indicators as an example;

33) overheads – the amount of means for cost recovery of the construction organizations connected with creation of general terms of production, its servicing, the organization and management and also for tax payment and obligatory payments in the budget established by the legislation of the Republic of Kazakhstan, not considered by other components of estimated cost of construction;

34) supervision of erection – organizational technical guidance and supervision from specialists of manufacturer of the equipment of accomplishment by specialists of the customer of works on installation of equipment before its input in operation and achievements of warranty indicators, carrying out consultations and training of specialists of the customer;

35) the enlarged estimate norms – the derivative estimate norms determining quantity of necessary resources per unit of capacity of object, the enlarged structural elements or the enlarged work types;

36) the enlarged cost indexes – the enlarged cost indexes of construction of buildings and constructions per unit of measurement of indicator of capacity of objects (on the building or construction in general, on 1 sq.m of total structural volume of the building, on 1 sq.m of the usable space of the building, on 1 sq.m of reservoir of construction (the reservoir, settler, the pool and so forth), on 1 km of extent of linear construction (power line, the highway, the pipeline, cables of electric utility service and communication), on other technical characteristics considering functional purpose of the building, construction), the enlarged indicators of estimated cost of constructs and work types;

37) start-up complex – group of the objects (or their parts) which are part of building or its queue which input in operation provides production or rendering the services accepted by the project, the working conditions corresponding to the current legislation for service personnel, environmental protection and normal (according to existing rules) sanitary and epidemiologic service conditions. The start-up complex represents set of objects or parts of new construction which provide production or rendering the services provided by the project and can independently be operated or in complex with already operating buildings and constructions. The design estimates on start-up complex are subject to approval, as as a part of building, and the separate project;

38) element estimate norms – the estimate norms of primary level determining expense of construction resources on the accepted measuring instrument in natural indicators on accomplishment of separate work types in construction;

39) price index in construction – the relative indicator characterizing the change in price for the material resources used at all stages of construction production: installation and construction works, machines and equipment, other works and costs. Price indexes in construction are created by Committee according to the statistics of the Ministry of national economy of the Republic of Kazakhstan with use of the statistical data obtained within the operating nation-wide statistical observations.

Chapter 2. The main requirements and conditions of pricing in construction

6. Estimate norms are developed on the basis of process (technical and normalizing) charts on work types, results of time works, standard (single, cross-industry, industry) regulations of work, adaptation of progressive regulations of foreign countries, settlement and analytical methods by results of which the needs for construction resources at the level of element estimate norms, and regulations of the limited costs percentage of the accepted base of their charge are determined.

Estimate norms consider the reached industry average level of the accepted equipment and technology.

In estimate norms the full range of the transactions necessary for accomplishment of certain work type in normal (standard, average) conditions is considered. In case of works in special conditions (constraint, gas contamination, near the operative equipment) the coefficients specified in regulating technical documents on use of estimate norms and technical parts to collections of element estimate norms of expense of resources are applied to estimate norms.

7. The estimate prices of the material resources and resources constituting cost of operation of machines and mechanisms are determined on the basis of monitoring of their current prices by all regions of the Republic of Kazakhstan and used as normative basis for creation of estimate documentation in case of project development of construction.

8. The estimate salary is determined taking into account regulations of the labor law of the Republic of Kazakhstan. The current hour tariff charge is calculated based on available official statistical information.

On objects which construction is planned to be performed by forces of the organizations of oil and gas complex fifty and more percent of voting shares (shares) of which directly or indirectly belong to National welfare fund by the choice of the supplier by method from one source according to the rules approved by the board of directors of National welfare fund based on Item 2 of article 19 of the Law of the Republic of Kazakhstan of February 1, 2012 "About National welfare fund", the estimate salary is determined on the basis of scale of charges of working professions according to internal documents of the organizations, fifty and more percent of voting shares (shares) of which directly or indirectly belong to National welfare fund.

9. Estimated cost of construction is determined in current prices on the basis of design assignment and other basic data of the customer, project (project and estimate) documentation and estimate standard rates.

10. Estimated cost of construction as a part of the preproject documentation (further – estimated cost) is determined according to this Regulating document with use of the enlarged cost indexes of construction of buildings and constructions per unit of measurement of indicator of capacity of objects, on 1 km of extent of linear construction, on other technical characteristics considering functional purpose of the building, construction.

On projects, according to the List of the projects which are not requiring development of the feasibility statement approved by the order of the Government of the Republic of Kazakhstan of December 29, 2009 No. 2225, estimated cost it can be determined by calculation with use of the enlarged cost indexes of construction of buildings and constructions of the existing estimate regulatory base.

11. Estimated cost of construction on blueprint stage is determined according to this Regulating document with use of the enlarged indicators of estimated cost of constructs and work types, element estimate norms of expense of resources and the existing collections of the estimate prices of construction resources.

12. Estimated cost of construction of designed project is created in the current prices operating for date of provision of the project in the expert organization for conducting complex non-departmental examination.

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