
A free-standing residential building is a house, intended for personal (family) residence, located on the allotment garden and possessed as a property of the citizen together with household and other constructions and green planting.
Allotment garden is a land plot, presenting to the citizen for placement of free-standing residential building and housekeeping in the manner established by the legislation of the Republic of Kazakhstan.
In this article, we will consider the full procedure for the construction of a private house from start to finish.
Procedure to register construction of a detached house not higher than 2 floors:
According to paragraph 22 of the Rules for the organization of construction and passage of licensing procedures approved by Order No. 750 of the Minister of National Economy of the Republic of Kazakhstan of 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 in the following stages:
- receipt of source materials for the development of construction projects;
- development and approval of the sketch (sketch design);
- development of design and estimate documentation and comprehensive non-departmental expertise of construction projects;
- notification of the bodies which are carrying out the state architecturally-building control and supervision on the beginning of manufacture of civil and erection works, realisation of civil and erection works;
- acceptance and commissioning of a constructed facility.
At building of an individual house not higher than 2 floors and temporary structures (economic and domestic premises), located on their own homestead lands, design and examination of construction projects is not required.
Construction of a detached house not higher than 2 floors is performed pursuant to a design (design project) approved with structural units of local executive bodies performing functions in the field of architecture and urban planning, excluding construction of detached houses higher than 2 floors, construction of which is performed under design documentation subject to mandatory expert evaluation.
In case of construction of detached houses higher than 2 floors, stick to Clause 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 not lower than the minimum state standards and rules for residential buildings.
According to Article 3 of the Law "On Individual Housing Construction", you have the right to build a dwelling house for project that does not violate the established construction and other mandatory rules and regulations and was coordinated with the architectural and town planning service of the Akimat of the city of republican significance, the capital, the district (city of regional significance) .
Pursuant to subclause 1) of Clause 2 Article 60 of the Law of the RK “On Architecture, Urban Planning and Construction Activities in the Republic of Kazakhstan” (hereinafter: the Law), a customer (owner) can perform construction of detached houses not higher than 2 floors upon agreement with local executive bodies of cities of republican significance, capital, districts (cities of regional significance) without design (estimate) documentation or using rough designs.
Composition and content of a rough design for construction of a domestic house is given in Appendix 3 to the Rules and it should be made by a design organization having a relevant license. A rough design is subject to coordination with structural units of local executive bodies performing functions in the field of architecture and urban planning.
Construction of detached houses not higher than 2 floors is performed pursuant to the design documentation, which is not subject to mandatory expert evaluation.
According to Article 64-5 of the Law, mandatory complex non-departmental expertise is carried out by accredited expert organizations for projects of technically and technologically uncomplicated facilities.
Obtaining a building permit
A building permit means the entire process - from obtaining a title deed for a land plot to the entry and registration of an object with the registration authorities.
Construction projects are implemented on the basis of the relevant right to land plot and the following stages:
- receipt of source materials for the development of construction projects;
- development and approval of the sketch (sketch design);
- development of design and estimate documentation (hereinafter referred to as design) and comprehensive non-departmental expertise of construction projects (hereinafter referred to as expertise);
- notification of the bodies which are carrying out the state architecturally-building control and supervision on the beginning of manufacture of civil and erection works, realisation of civil and erection works;
- acceptance and commissioning of a constructed facility.
At building of an individual house not higher than 2 floors and temporary structures (economic and domestic premises), located on their own homestead lands, design and examination of construction projects is not required.
Input materials for the development of construction projects include:
- Architectural-planning task (hereinafter referred to as "APT");
- technical specifications for connection to sources of engineering and municipal support (hereinafter referred to as technical specifications);
- cross sections of roads and streets;
- vertical planning marks;
- copy from the detailed design project;
- scheme of external engineering network routes.
After getting initial materials and coordination of rough designs, one can start to perform design activities (in case of construction of detached houses not higher than 2 floors), to acquire materials, execute building and installation works and then put an object into operation and register it. There can be two options here: construction can be done be a customer on his/her own or one can engage contractors. After getting initial materials and coordination of rough designs, one can start to perform design activities (in case of construction of detached houses not higher than 2 floors), to acquire materials, execute building and installation works and then put an object into operation and register it. There can be two options here: construction can be done be a customer on his/her own or one can engage contractors.
Control over the progress of building a house
Control over the course of construction of an individual house not exceeding 2 floors is carried out by the customer himself.
Construction of detached houses not higher than 2 floors is performed under scrutiny of architectural and technical supervision and is subject to inspection by state architecture and building control department.
Admission built the house in operation, the signing of the act of taking the facility
Pursuant to Article 74 of the Law of RK “On Architecture, Urban Planning and Construction Activities in the Republic of Kazakhstan” (hereinafter: the Law), an owner (customer, investor, builder) performs acceptance of detached houses not higher than 2 floors put into operation on his/her own.
The norms of this article also do not apply to facilities:
- the construction of which is financed by state investment or with their participation;
- construction of detached houses not higher than 2 floors.
The procedure of acceptance, as well as the form of the act of acceptance of the constructed object in 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 № 867 "On approval of the Rules of acceptance of the constructed object in operation by the owner independently, as well as the form of the acceptance act").
Acceptance of individual houses above two floors located in areas of high seismic hazard or with other special geological (hydrogeological) and geotechnical conditions is carried out by the customer together with the contractor, technical and author's supervision (Articles 73 and 75 of the Law).
Who is responsible for the quality built home?
All the construction participants, i.e. customer, design developer, organization that approved a design, contractor and building control department (in case of construction of a house higher than 2 floors) bear responsibility for the quality of a constructed house.
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 engineering protection of the territory within the allotment garden (where required) is borne by the owner of the free-standing residential building. The owner is also responsible for ensuring the use of the allotment garden according to intended use, with compliance with sanitary and environmental standards.
Thus, the subjects providing quality of building production (objects) according to their functions, are bodies (services, officials) of the architecturally-building control and supervision, expert appraisals of projects, standardisation and certification of building production, customers, builders, surveyors, designers, manufacturers (manufacturers) and suppliers of production used in building, manufacturers of works, proprietors (users, employers, tenants) specified production (objects).