Article 21. Specifics of the activities of engineering companies in the field of equity participation in housing construction of the Law on Equity Participation in Housing Construction

Home / RLA / Article 21. Specifics of the activities of engineering companies in the field of equity participation in housing construction of the Law on Equity Participation in Housing Construction

Note from <url>! Paragraph 1 is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 204-VIII (effective sixty calendar days after the date of its first official publication).

1. The activities of an engineering company in the field of equity participation in housing construction, certified experts and specialists who monitor the targeted use of money are carried out in accordance with the rules for the provision of engineering services in the field of architectural, urban planning and construction activities.

2. The engineering company monitors the progress of construction, the targeted use of shareholders' money, and the verification of the volume of work performed within the design cost.

Note from <url>! Paragraph 3 is provided for in the wording of the Law of the Republic of Kazakhstan dated 30.06.2025 No. 204-VIII (effective sixty calendar days after the date of its first official publication).

3. An engineering company is required to submit a monthly report via information systems in accordance with the form approved by the authorized body on the results of monitoring the progress of construction of an apartment building or a complex of individual residential buildings to the local executive body, regardless of the method of organizing equity participation in housing construction, as well as to a Single operator or a second-tier bank (depending on the method of organization equity participation in housing construction).

Note from <url>! Paragraph 4 is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 204-VIII (effective sixty calendar days after the date of its first official publication).

4. The heads of an engineering company, certified experts and specialists who control the targeted use of money to provide engineering services for a construction project should not be affiliated with the management of a Single Operator, developer, authorized company, contractor (general contractor) of this construction project.

IZPI's note! Paragraph 5 is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 204-VIII (effective sixty calendar days after the date of its first official publication).

5. The management of an engineering company, certified experts and specialists who control the intended use of money are required to maintain confidentiality, official and commercial secrets, unless otherwise provided by legislative acts of the Republic of Kazakhstan.

6. A certified expert is prohibited from:

1) to provide engineering services if a certified expert participated in the development of design and estimate documentation for this construction project.;

Note from <url>! Subparagraph 2) is provided for in the wording of the Law of the Republic of Kazakhstan dated 30.06.2025 No. 204-VIII (effective sixty calendar days after the date of its first official publication).

2) be in an employment, financial or other dependent relationship with a developer, an authorized company, a Single operator and other participants in equity participation in housing construction for the last three years, with the exception of equity holders.

7. The engineering company must comply with the following requirements:

1) have experience in providing engineering services for commissioned construction facilities in the Republic of Kazakhstan with at least three customer reviews of the engineering services provided;

2) have in its staff at least three certified experts for the right to provide engineering services in the field of architectural, urban planning and construction activities;

3) have a specialist(s) on staff to monitor the intended use of money.

8. An engineering company has the right to insure its civil liability for the fulfillment of obligations that are determined by agreement of the parties.

The Law of the Republic of Kazakhstan dated April 7, 2016 No. 486-V SAM.

This Law regulates public relations related to the activities of equity participation in the housing construction of multi-family residential buildings by attracting money from individuals and (or) legal entities, and also establishes guarantees for the protection of the rights and legitimate interests of the parties to the agreement on equity participation in housing construction.

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