LAW OF THE REPUBLIC OF KAZAKHSTAN

of October 28, 2015 No. 366-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning architectural, town-planning and construction activities

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Land code of the Republic of Kazakhstan of June 20, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 13, Art. 99; 2005, No. 9, Art. 26; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 11, Art. 55; No. 12, Art. 79, 83; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 14, Art. 105; No. 15, Art. 106, 109; No. 16, Art. 129; No. 17, Art. 139; No. 18, Art. 143; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 15-16, of Art. 64; No. 21, Art. 95; No. 23, Art. 114; 2009, No. 2-3, of Art. 18; No. 13-14, of Art. 62; No. 15-16, of Art. 76; No. 17, Art. 79; No. 18, Art. 84, 86; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 6, Art. 49, 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 114; No. 15, Art. 120; 2012, No. 1, Art. 5; No. 2, Art. 9, 11; No. 3, Art. 27; No. 4, Art. 32; No. 5, Art. 35; No. 8, Art. 64; No. 11, Art. 80; No. 14, Art. 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 77, 79, 81; 2014, No. 2, Art. 10; No. 8, Art. 44; No. 11, Art. 63, 64; No. 12, Art. 82; No. 14, Art. 84; No. 19-I, 19-II, Art. 96; No. 21, Art. 118, 122; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 8, Art. 42; No. 11, Art. 57):

1) in Article 44:

in Item 5-1 of the word" (or other project documentation replacing the master plan for small rural settlements)" shall be replaced with words "(or their replacing scheme of development and building of settlements numbering up to five thousand people)";

add with Item 5-3 of the following content:

"5-3. Provision of the parcels of land for individual housing construction is allowed on the platforms provided with networks water - and electric utility services.

In settlements where there is no centralized water supply, provision of such parcels of land is allowed only in the presence of electric utility power grids.";

2) in Article 44-1:

in the subitem 5) of Item 1 of the word "and specifications on connection to engineering networks" to exclude;

in part seven of item 4 of the word "and specifications on connection to engineering networks" to exclude;

in Item 8:

in part two of the word "and specifications on connection to engineering networks and constructions" to exclude;

the fourteenth to state part in the following edition:

"At the same time provision of the parcels of land for construction without availability of drafts of the detailed layout and (or) the projects of building implemented based on the approved master plans of settlements with settlement population over twenty thousand people and master plans combined with the draft of the detailed layout with population to twenty thousand people is forbidden (or their replacing scheme of development and building of settlements numbering up to five thousand people).";

Item 1 of Article 48 to add 3) with subitem 5-1) of the following content:

"To 5-1) physical persons and legal entity for construction of buildings (structures, constructions) in the territory where earlier they carry out prospecting works for the purposes of construction according to Article of 71 of this Code, under condition if they redeem the rights to the parcels of land which belonged to the third parties, within the planned building according to the draft of the detailed layout earlier;";

", and if necessary, about specifications of connection to engineering networks" to exclude 4) in Item 6 of Article 49-1 of the word;

Item 1 of Article 71 to add 5) with part two of the following content:

"At the same time prospecting works for the purposes of construction are carried out on the lands which are in state-owned property, without provision of the right to the parcel of land on condition of compliance of designed project of construction to the town-planning projects (the master plan, drafts of the detailed layout and building) approved according to the procedure, established by the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities.".

2. In the Water code of the Republic of Kazakhstan of July 9, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 17, Art. 141; 2004, No. 23, Art. 142; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 15, Art. 95; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 19, Art. 147; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 23, Art. 114; No. 24, Art. 129; 2009, No. 2-3, of Art. 15; No. 15-16, of Art. 76; No. 18, Art. 84; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2, 7; No. 5, Art. 43; No. 6, Art. 50; No. 11, Art. 102; No. 16, Art. 129; 2012, No. 3, Art. 27; No. 14, Art. 92; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 79, 82; No. 16, Art. 83; 2014, No. 1, Art. 4; No. 2, Art. 10; No. 7, Art. 37; No. 10, Art. 52; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 11, Art. 57):

the second Item 3 of Article 125 to state part in the following edition:

"The procedure for approval is determined by the rules of the organization of building and passing of allowing procedures in the field of construction approved according to the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities.".

3. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-I, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79):

Table of contents to add 1) with headings of Articles 317-1, 317-2 and 323-1 of the following content:

"Article 317-1. Violation of the law of the Republic of Kazakhstan when implementing engineering services (technical supervision and project management) and expert works (examination of projects and technical inspection of reliability and stability of buildings and constructions) as accredited legal entities

Article 317-2. Certification of the engineering employees participating in design process and constructions with violation of requirements of the legislation of the Republic of Kazakhstan and others normative and regulatory legal acts in the field of architecture, town planning and construction";

"Article 323-1. Violation of the law of the Republic of Kazakhstan about architectural, town-planning and construction activities";

2) in Article 317:

add with part of 3-1 following content:

"3-1. Issue by persons performing technical inspection of reliability and stability of buildings and constructions, the conclusion executed with violation of requirements of the approved construction regulations and containing doubtful data which can entail deterioration in operational qualities, decrease in durability, stability of buildings, structures, their parts or separate structural elements

attracts penalty on physical persons in the amount of two hundred monthly settlement indicators with suspension of action of the certificate of the expert on the right of implementation of technical inspection of reliability and stability of buildings and constructions for the term of six months.";

the paragraph one of part four to state in the following edition:

"4. The actions (failure to act) provided by parts one, second, third and 3-1 this Article, made repeatedly within year after imposing of administrative punishment -";

To add 3) with Articles 317-1 and 317-2 of the following content:

"Article 317-1. Violation of the law of the Republic of Kazakhstan when implementing engineering services (technical supervision and project management) and expert works (examination of projects and technical inspection of reliability and stability of buildings and constructions) as accredited legal entities

1. Implementation of engineering services (technical supervision and project management) and expert works (examination of projects and technical inspection of reliability and stability of buildings and constructions) as the accredited legal entities having as a part of the certified experts with violation of requirements of the legislation of the Republic of Kazakhstan and others normative and regulatory legal acts in the field of architecture, town planning and construction, including:

1) discrepancy of the performed (performed) installation and construction works to the approved project decisions;

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