SiteHeart
faq-image

The process order of licensing in the spheres of architecture, urban planning and construction activities

From 2011 to the present time, the legislative acts of the Republic of Kazakhstan had been reduced in its permits, including the Law on Licensing. The Law of the Republic of Kazakhstan dated July 15, 2011 № 461-4 «On amendments and additions to some legislative acts of the Republic of Kazakhstan on the permit system improvement" in paragraph 3 from Article 2 states that licensees carrying out the design and construction work in the spheres of architecture, urban planning and construction, have to renew their licenses due to the innovations regarding to the ranking within six months from the date of this Act enactment. However, the timing for the renewal of the license was extended till January 30, 2013 due to the law of the amendment "On amendments and additions to some legislative acts of the Republic of Kazakhstan for the permit system improvement."

Licensing activities in the spheres of architecture, construction and urban development in Kazakhstan.

As stated in the Law of the Republic of Kazakhstan "On licensing", a license, which is implementing activities in the spheres of architecture, building and planning is required for particular activities - prospecting activities, the work projecting and the construction work, the activities for the construction organization of residential buildings by shareholders money. All the activities for which a license is required are described in the 33 Article of the Law of the Republic of Kazakhstan "On Licensing" (with the amendments as of 10.07.2012). The specific category of individuals and entities that are legal to introduce the project activities and construction works in the spheres of architecture, urban planning and construction are divided into 3 categories.

Category 1 – are the individuals that are responsible for all their activities at all levels according to their current licenses.

Category 2 - are those who operate on the objects of the second and third levels of responsibilities, as well as the work on the objects of the first level of the responsibility in the current license for subcontracts.

And the 3 category includes individuals who operate in low-tech objects for the second and the third level of the responsibility, as well as they work on the objects for the first and second levels of the responsibility with the current licenses within subcontracts. The licensor is responsible for the issuance of licenses and for the individuals’ and entities’ division into categories in accordance to the eligibility requirements for the project activities and construction works in the spheres of architecture, urban planning and construction that are indicated under special conditions of the license term. According to the Government of the Republic of Kazakhstan on January 25, 2012 № 162 "On approval of the qualification requirements for individual species (subspecies) of licensed activities in the spheres of architecture, urban planning and construction, and Repeal of certain decisions of the Government of the Republic of Kazakhstan", entities initially receive the third license category to perform their activities in the fields of architecture, construction and urban development.

To receive the third license category, the applicant must follow these requirements:

1) the state presence of engineer- technical workers, who have the appropriate high vocational education or the equivalent secondary-vocational or the technical vocational education in the field of project activities or construction works. In addition, they must have the work experience (job) at least three years on the job profile including subspecies of the requested licensed activity;

2) the availability of the productive base, which runs under the property’s own rights (the economic establishment or the operational control) and / or lease;

3) the presence of the material on the minimal level and the technical equipment under the property’s own rights;

4) The availability of the applicant’s (licensee’s) instruction that secures the quality of the system;

5) The availability of the applicant’s (licensee’s) rules and regulations for the labor protection system and their safety attached with the documents that confirm the vocational education of engineers and technical workers, who are responsible for that.

Qualification requirements for the licensees 2 and 1 are almost the same as for the 3 Category except some special requirements:

1) The licensee of the 2 category must have the work experience of at least 5 years, therefore the work experience starts from the moment of obtaining the license as being a Category 3 licensee;

2) Must have five or more low-tech constructions by being a general contractor or on the third level of the responsibility, confirming it with documents;

3) Must have at least five positive reviews from customers, or not less than ten positive feedbacks on subcontracts.

Other requirements to licensees of the 1 category:

1) The work experience of at least 10 years, the experience starts from the moment of obtaining a license for architectural or construction activities, or work experience of at least 5 years as a licensee of the 2 category;

2) Must have at least ten construction projects implemented as being on the first and / or on the second level of the responsibility as a general contractor, providing it with a documentary proof;

3) at least five positive reviews from customers, or not less than ten positive feedback on subcontracts;

4) no more than 20% of total engineers licensee, which were co-operatively doing the work;

Licensing activities in the spheres of architecture, urban planning and construction activities are performed by the authorized official government worker for the architecture, the urban planning and the construction.

In the Republic of Kazakhstan the licenses and applications obtaining has to be confirmed by the necessary documents required by the Law "On licensing". Paragraph 2 in the Article 42 of the Law "On licensing" indicates on certain documents that are required to obtain a license and (or) applications for licenses in the fields of architecture, building, urban planning: the application; the copies of the charter and the certificate that proves an individual being a legal entity (notarized and witnessed in case of having a non-original version for the verification) – for a legal entity; a copy of the identification card - for an individual; a copy of the certificate from the state registration as a proof for the individual being an entrepreneur (notarized and witnessed in case of having a non-original version for the verification) - for the entrepreneur; an evidential copy of the applicant's tax registration (notarized and witnessed in case of having a non-original version for the verification), a copy of the document confirming the payment of the license fee for the right to engage in certain activities, except the payment through the payment gateway of an "electronic government". It is mandatory to provide all the information and documents in accordance with the qualification requirement. The applicant or licensee is solely responsible for the accuracy of the certified documents and their submission.

The licensor's decision to grant or deny a license can be accepted in his/her decision alterations’ within the period specified by the Law "On Licensing" - under the 43 Article, the license and (or) the supplement to the license have to be issued by the licensor not later than within fifteen working days. The Licensor within these fifteen days has to issue a license and (or) the supplement to the license or give a reasoned response for the refusal to grant a license. If the licensor made a negative decision toward granting the license to an applicant, the applicant will receive a reasoned refusal in a writing form. In case, if the licensor did not issue a license to the applicant on time, and (or) the application for a license did not not provide a reasoned refusal to grant a license, the date of expiry of the license is granted and (or) supplement are going to be issued to the licensee. The licensor has to issue an applicant a license and (or) applications not later than five business days after the expiration of licensing. In case of the license’s non-issuance (or) applications for licenses after five working days the license is being obtained. The confirmation of the legality of the licensed activity becoming official is a received application by the applicant.

Thus, the implementation activities in the fields of architecture, construction and urban development in the Republic of Kazakhstan for individuals and entities must provide a license, which can be obtained by following qualification requirements for specific species (subspecies) of licensed activities in the fields of architecture, urban planning and construction.

Lawyer of the Law Firm «ZAN» Tulebayev Olzhas.

Поделиться в соц сетях