Urbanization is currently taking place at an unprecedented rate, and the quality of buildings and structures under construction is becoming a matter not only of aesthetics, but also of safety. Who controls compliance with building codes and how? How can I ensure that new objects meet technical requirements and are time-resilient?
Architectural and construction control and supervision in Kazakhstan is a set of measures aimed at ensuring the reliability of construction and compliance with legislation in the field of architecture and urban planning. This process is regulated by a number of regulations, including:
- Business Code of the Republic of Kazakhstan;
- The Law of the Republic of Kazakhstan "On Architectural, Urban planning and Construction activities in the Republic of Kazakhstan "(Chapter 6);
- Joint Order of the Minister of Investment and Development of the Republic of Kazakhstan No. 807 dated 19.11.2018 and the Minister of National Economy of the Republic of Kazakhstan No. 81 dated 26.11.2018 "On approval of risk assessment criteria and checklists in the field of architecture, urban planning and construction for the activities of subjects of architectural, urban planning and construction activities".
So how does this whole system work? Let's get this straight by analyzing the key points.
Architectural and construction control and supervision is carried out by:
- Ministry of Industry and Construction of the Republic of Kazakhstan;
- Akimat (inspection of construction sites);
- Customer (technical supervision, acceptance of the object);
- Developers of project documentation (author supervision).
If a situation arises that goes beyond the competence of the state architectural and construction control and supervision bodies, control and supervision are carried out with the involvement of other authorized bodies.
The customer (owner) and the contractor (general contractor) submit the project and executive technical documentation for the object requested by the state construction inspector, as well as the expert opinion on the relevant projects.
State architectural and construction control and supervision is carried out for:
- Availability of the relevant right to the land plot, approved design (design and estimate) documentation, a positive expert opinion of the projects, as well as notification of the bodies exercising state architectural and construction control and supervision of the start of construction and installation works;
- The accuracy of the data specified in the notification.
- Availability of a license for the right to carry out the relevant types of licensed architectural, urban planning and construction activities;
- Compliance of the completed construction and installation works, used building materials, products, structures and equipment with approved design solutions and state (interstate) standards, including those related to ensuring the strength, stability, reliability of load-bearing and enclosing structures and operational qualities of buildings (structures);
- Organization and implementation by the contractor (general contractor) of all types and forms of its own production control and supervision of the quality of construction (entrance, operational, acceptance, laboratory, geodetic and others);
- Timely and correct execution of executive documentation;
- Organization and implementation by the customer (owner) of technical and author's supervision during the construction of objects;
- Compliance by persons performing technical and author supervision with the requirements established by the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities.
When identifying violations of state standards and (or) deviations from approved projects (design decisions), the state architectural and construction control and supervision bodies make decisions (issue instructions):
1) on the prohibition of the use of building materials, products, structures and equipment that do not meet national standards, requirements of technical regulations and other regulatory technical documents;
2) on the elimination by the customer (developer) and (or) the contractor construction and installation organization (enterprise) of the violations committed within the established time frame;
3) on suspension of construction and installation works in case of non-fulfillment of the instructions specified in subclauses 1) and 2).
When identifying illegal re-equipment and redevelopment of residential and non-residential premises, the state architectural and construction control and supervision bodies make decisions (issue instructions):
1) on the elimination of violations committed by the customer within the established time frame;
2) on suspension of construction and installation works.
Architectural and construction control and supervision are carried out in the form of inspection and preventive control with a visit to the subject (object) of control and supervision in accordance with the Business Code of the Republic of Kazakhstan.
Based on the results of preventive control with a visit to the subject (object) of control and supervision, an order is drawn up to eliminate the identified violations without initiating an administrative offense case.
Prompt response measures are applied in case of non-fulfillment of the relevant notification on the elimination of detected violations:
1) suspension of construction and installation works;
2) suspension of activities or certain types of activities;
3) prohibition of activities or certain types of activities carried out in violation of the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities and (or) state standards.
4) suspension of the permit and / or its annex;
5) withdrawal (revocation) of the permission and (or) the attachment to the permission.
Identified violations of the requirements that are the basis for applying rapid response measures are reflected in the act on the results of verification and (or) preventive control with a visit to the subject (object) of control and supervision, as well as in the order to eliminate the identified violations.
In case of failure to eliminate the identified violations of the requirements that are the basis for applying rapid response measures, based on the results of an unscheduled inspection, measures are taken to bring the persons who committed violations to justice in accordance with the procedure established by the laws of the Republic of Kazakhstan.
Before the expiration of the time limits provided for in the regulation on the elimination of detected violations, the subject of control and supervision is obliged to provide information on the elimination of detected violations of the requirements with the attachment of materials proving the fact of elimination of violations.
If the subject of control and supervision does not agree with the results of the inspection and (or) preventive control with the visit to the subject (object) of control and supervision, which resulted in the application of rapid response measures, he may file a complaint with a higher body regarding the recognition of the decision on the application of rapid response measures as invalid and its cancellation.
The grounds for invalidating the resolution on the application of rapid response measures and its cancellation are:
1) there are no grounds for applying rapid response measures;
2) application of a rapid response measure on a ground that does not correspond to this measure;
3) application by the local executive body of the state architectural and construction control of rapid response measures on issues that are not within their competence.
State control through an automated information system
State control by means of an automated information system is carried out on an automated register in the form of checking for compliance with qualification or permit requirements for issued permits, requirements for sent notifications in accordance with the Law of the Republic of Kazakhstan "On Permits and Notifications".
If a violation is detected, the subject is notified of the elimination of the identified violations, indicating:
1) the number and date of the notification;
2) names of the state body;
3) the name of the subject and its location;
4) identified violations and requirements for their elimination with an indication of the time limit;
5) signatures of the official.
In case of non-elimination of violations specified in the notification of elimination of detected violations, prompt response measures are applied in the form of suspension of the permit and (or) attachment to the permit.
In case of violation of the requirements two or more times during the year, a rapid response measure is applied to the subject in the form of revocation (revocation) of the permit and / or attachment to the permit.
Author's supervision
The author's supervision is carried out by the developers of project (design estimate) documentation on the basis of a contract.
Author supervision is mandatory during the entire period of construction (reconstruction, restoration, expansion, technical re-equipment, modernization, capital repairs) of the object or conservation of construction of unfinished objects at the expense of funds provided for in the design (design estimate) documentation for the construction of objects in accordance with current standards.
Upon completion of the construction project, the person performing the author's supervision issues to the customer (developer) an opinion on the compliance of the completed works with the project.
Technical supervision
Technical supervision is carried out by the customer independently and (or) with the involvement of experts who have the appropriate certificate for the right to perform engineering services in the field of architectural, urban planning and construction activities, at the expense of funds provided for in the design and estimate documentation for the construction of facilities in accordance with current standards.
Upon completion of the construction project, the persons performing technical supervision issue to the customer (developer) an opinion on the quality of construction and installation works.
At technically and technologically complex objects of the first and second levels of responsibility, technical supervision must be carried out by accredited legal entities that have at least three experts who have a certificate for performing technical supervision of the appropriate level of responsibility.
Individuals who have a certificate of an expert in technical supervision carry out activities at technically simple objects of the second and third levels of responsibility.
Individuals and accredited legal entities, when carrying out technical supervision activities, are required to own or lease measurement and control equipment, regulatory documentation, and an accredited laboratory (involved).
State Architectural and Construction Inspectorate
The State Architectural and Construction Inspectorate consists of:
- Committee for Construction and Housing and Communal Services of the Ministry of Industry and Construction of the Republic of Kazakhstan;
- Akimat of the region, city of republican significance, capital.
The risk assessment criteria and checklists were approved by the Joint Order of the Minister of Investment and Development of the Republic of Kazakhstan No. 807 dated 19.11.2018 and the Minister of National Economy of the Republic of Kazakhstan No. 81 dated 26.11.2018.
It is recommended to regularly check your organization for compliance with the legal requirements, checking the above-mentioned checklists, in order to prevent suspension / revocation of permits (licenses)or bringing to legal liability.