How to arrange the construction of a private house in Kazakhstan

An individual residential building is a house intended for personal (family) residence, located on a manor plot and owned by a citizen together with household and other buildings and green spaces.

A manor plot is a land plot provided to a citizen for the placement of an individual residential building and farming in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

In this article, we will look at the complete procedure for the construction of a private house from beginning to end.

The order of registration of the construction of an individual house is not higher than 2 floors:

Requesting a plot for individual housing construction (if there is no plot in private ownership).
Purchase or receipt of a land plot for individual housing construction (find out how to get land for construction for free).
Registration of land rights, if this has not been done before (find out how to formalize the right and obtain an act for the right of private ownership of a land plot). It is important here that the purpose of the land plot is individual housing construction.
Obtaining the initial materials for the design, development of a draft design of the future house, its coordination with the structural unit of the MIO, which performs functions in the field of architecture and urban planning.
Building a house.
Putting a real estate object (house) into operation by the owner himself.
Registration of documents for real estate and rights to it.
According to paragraph 22 of the Rules for the Organization of Development and passage of Licensing procedures approved by Order No. 750 of the Minister of National Economy of the Republic of Kazakhstan dated November 30, 2015 (hereinafter referred to as the Rules), construction projects are implemented on the basis of the relevant right to a land plot and the following stages:

obtaining raw materials for the development of construction projects;
development and approval of a sketch (draft design);
development of design and estimate documentation and conducting a comprehensive non-departmental examination of construction projects;
notification of the bodies carrying out state architectural and construction control and supervision on the commencement of construction and installation works, the implementation of construction and installation works;
acceptance and commissioning of the constructed facility.
When building an individual residential building no higher than 2 floors and temporary buildings (household premises) located on their own private plots, design and expertise of construction projects is not required.

The construction of an individual residential building no higher than 2 floors is carried out in accordance with a sketch (draft design) agreed with the structural unit of the Ministry of Internal Affairs, performing functions in the field of architecture and urban planning, with the exception of the construction of individual residential buildings above two floors, the construction of which is carried out according to project documentation, which is subject to mandatory expertise.

In the case of construction of individual residential buildings above two floors, it is necessary to adhere to paragraph 22 of the Rules.

What should be the design of a private house?
The project reflects constructive and planning solutions that meet the conditions of safe living at least below the minimum state standards and standards for residential buildings.

According to Article 3 of the Law "On Individual Housing Construction", you have the right to build an apartment building according to a project that does not violate established construction and other mandatory norms and rules, and agreed with the architectural and urban planning service of the akimat of the city of republican significance, the capital, the district (city of regional significance).

According to subparagraph 1) of paragraph 2 of Article 60 of the Law of the Republic of Kazakhstan

According to subparagraph 1) of paragraph 2 of Article 60 of the Law of the Republic of Kazakhstan
"On Architectural, Urban Planning and construction activities in the Republic of Kazakhstan" (hereinafter - the Law) without design (design estimates) documentation or according to sketches (draft designs), the customer (owner) in coordination with local executive bodies of the city of republican significance, the capital, districts (cities of regional significance) can carry out the construction of individual residential buildings no higher than 2 floors.

The composition and content of the draft design for the construction of a residential building is given in Appendix 3 of the Rules, developed by a design organization that has the appropriate license. The preliminary design is subject to coordination with the structural division of the MIO, which performs functions in the field of architecture and urban planning.

The construction of individual residential buildings above two floors is carried out according to project documentation, which is subject to mandatory expertise.

According to article 64-5 of the Law, for projects of technically and technologically simple objects, mandatory comprehensive non-departmental expertise is carried out by accredited expert organizations.



Obtaining a building permit
A construction permit refers to the entire process – from obtaining a title document for a land plot to entering and registering an object with registration authorities.

The implementation of construction projects is carried out on the basis of the relevant right to the land plot and the following stages:

obtaining raw materials for the development of construction projects;
development and approval of a sketch (draft design);
development of design and estimate documentation (hereinafter referred to as design) and conducting a comprehensive non–departmental examination of construction projects (hereinafter referred to as expertise);
notification of the bodies carrying out state architectural and construction control and supervision on the commencement of construction and installation works, the implementation of construction and installation works;
acceptance and commissioning of the constructed facility.
The initial materials for the development of construction projects include:

architectural and planning task (hereinafter referred to as APZ);
technical conditions for connection to sources of engineering and communal services (hereinafter referred to as technical conditions);
transverse profiles of roads and streets;
vertical planning marks;
a copy of the detailed layout project;
a diagram of the routes of external engineering networks.
After receiving the initial materials, approving the draft design, you can start designing (in the case of construction of individual residential buildings above 2 floors), purchasing materials, construction and installation work, and then commissioning and registration of the facility. There may also be two options: construction can be carried out either independently or by contacting contractors.




Monitoring the progress of the construction of the house
Control over the construction of an individual residential building no higher than 2 floors is carried out by the customer himself.

The construction of individual residential buildings above two floors located in areas of increased seismic hazard or with other special geological (hydrogeological) and geotechnical conditions is carried out with mandatory supervision of copyright and technical supervision and is subject to inspection by the state architectural and construction inspectorate.



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Acceptance of the built house into operation, signing of the act of acceptance of the facility into operation
According to Article 74 of the Law of the Republic of Kazakhstan "On Architectural, Urban planning and construction activities in the Republic of Kazakhstan" (hereinafter - the Law), the owner (customer, investor, developer) independently carries out the commissioning of individual residential buildings no higher than 2 floors.

The norms of this article also do not apply to objects.

the construction of which is financed by public investments or with their participation;
construction of individual residential buildings above two floors.
The order of acceptance, as well as the form of the act of acceptance of the built object into operation by the owner, are independently approved by the authorized body for architecture, urban planning and construction (Order of the Minister for Investment and Development of the Republic of Kazakhstan dated December 13, 2017 No. 867 "On approval of the Rules for acceptance of the built object into operation by the owner independently, as well as the form of the act of acceptance").

Acceptance of individual residential buildings above two floors is carried out by the customer together with the contractor, technical and author supervision (Articles 73 and 75 of the Law).



Who is responsible for the quality of the built house?
Responsibility for the quality of the built house is borne by all construction participants – the customer, the project developer and the organization that agreed on the project, the contractor, technical supervision (in the case of building a house above 2 floors).

Responsibility for the operation of a private house, other buildings and structures and the costs for these purposes, as well as major repairs and necessary measures for the engineering protection of the territory within the estate (where required) is borne by the owner of an individual residential building. The owner is also charged with ensuring the use of the estate plot for its intended purpose, in compliance with sanitary and environmental standards.

The owner is responsible for the unauthorized construction of an apartment building and farm buildings.