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.
The procedure for building a private house
- Requesting a plot for individual housing construction (if there is no private property).
- Acquisition or receipt of a land plot for individual housing construction (find out how to get a land for construction free of charge).
- Registration of land title, if it was not done earlier (find out how to formalize the right and obtain an act on the right of private ownership of a land plot ). It is important that the purpose of the land is individual housing construction.
- Obtaining permits for the construction and development of the sketch design of the future house, its coordination with the structural unit of the LEB, carrying out functions in the field of architecture and urban development.
- House construction.
- Commissioning the property (house).
- Registration of documents for the property and rights to it.
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 an individual house is carried out in accordance with the sketch (sketch design), agreed with the structural unit of the LEB, which performs the functions in the field of architecture and urban development, except for the construction of individual houses located in areas of high seismic hazard or with other special geological (hydrogeological) and geotechnical conditions requiring special design solutions and measures for their sale, above two floors.
Construction 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 according to the project documentation, which is subject to mandatory examination.
In the case of construction of individual houses above two floors, located in areas of high seismic risk or with other special geological (hydrogeological) and geotechnical conditions, it is necessary to adhere to paragraph 22 of the Regulations, and in other cases, paragraph 4) of paragraph 22 of the Regulations (design and examination of construction projects) is excluded.
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) .
According to subparagraph 1) of paragraph 2 of Article 60 of the Law of the Republic of Kazakhstan
"On Architecture, Town-Planning and Construction Activities in the Republic of Kazakhstan" (hereinafter referred to as the Law) without project (design and estimate) documentation or sketches (sketch designs), the customer (owner) in coordination with the local executive bodies of the city of republican significance, the capital, districts (cities of regional importance) may carry out the construction of individual houses, except for construction of individual houses above two floors, located in zones of increased seismic hazard or with other special geological (Hhydrogeological) and geotechnical conditions, which require special design solutions and measures for their implementation.
The composition and content of the draft design for the construction of a residential building is given in Appendix 5 of the Rules, developed by the design organization having the appropriate license. The preliminary design is subject to approval by the structural subdivision of the LEB, which performs functions in the field of architecture and urban development.
Construction 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 according to the project documentation, which is subject to mandatory examination.
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.
Upon receipt of the initial materials, approval of the preliminary design, it is possible to proceed with the design (in the case of construction of individual houses above two floors, located in areas of high seismic hazard or with other special geological (hydrogeological) and geotechnical conditions), to purchase materials, construction and installation works and further commissioning of the facility and its registration. There can also be two options: construction can be done both independently and by the 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 individual dwelling houses above two floors, located in areas of high seismic danger or with other special geological (hydrogeological) and geotechnical conditions is carried out with the mandatory support of the author's and technical supervision and is subject to inspection by the state architectural and construction inspection.
Admission built the house in operation, the signing of the act of taking the facility
According to article 74 of the Law of RK "On architectural, town-planning and construction activity in the Republic of Kazakhstan" (hereinafter referred to as the Law) the owner (customer, investor, developer) independently accepts individual houses and other buildings intended for personal use by citizens.
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 individual dwelling houses above two floors located in zones of high seismic danger or with other special geological (hydrogeological) and geotechnical conditions that require special design solutions and measures for their implementation, except for subparagraph 1) of paragraph 1 of this Article.
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?
Responsibility for the quality of construction of an individual dwelling house is borne by all participants of the construction (customer (developer), designer, contractor, technical supervision (in the case of construction of individual dwelling houses above two floors, located in areas of high seismic hazard or with other special geological (hydrogeological) and geotechnical conditions).
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).
