Article 17. Responsibility of subjects for violation of the legislation on architectural, urban planning and construction activities of the Law on Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan

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Article 17. Responsibility of subjects for violation of the legislation on architectural, urban planning and construction activities of the Law on Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan

1. Violations of the norms and requirements (conditions, rules, restrictions) established by the legislation on architectural, urban planning and construction activities, committed by its subjects, entail liability provided for by the laws of the Republic of Kazakhstan.

These violations include:

1) carrying out licensed activities in the field of architecture, urban planning and construction without a license;

2) deviation from the approved functional purpose of territories, urban planning regulations, and the established regime in areas of special urban planning regulation;

2-1) deviation and inconsistency of the detailed planning project or building projects with the approved general plan of the settlement;

3) deviation from the selection and provision (permission for use) established by law, as well as the seizure of land plots for urban planning purposes related to the provision of state needs;

4) deviation from the established procedure for the development, coordination, examination and approval of urban planning documentation, as well as deviation from the documentation approved in accordance with the procedure established by the legislation of the Republic of Kazakhstan, or making changes to it without the permission of the approving authority;

4-1) deviation from the established procedure for the development, examination and approval of design (design and estimate) documentation, as well as deviation from the documentation approved in accordance with the procedure established by the legislation of the Republic of Kazakhstan, or making changes to it without the permission of the approving authority;

4-2) deviation from the approved design (estimate) documentation during construction and installation work;

5) carrying out construction and installation works without notifying the bodies carrying out state architectural and construction control and supervision, in accordance with the procedure established by the Law of the Republic of Kazakhstan "On Permits and Notifications";

6) carrying out construction without the support of architectural construction control and supervision, technical and author's supervision in cases where this Law provides for their obligation.;

7) unauthorized construction, as well as changes in the architectural appearance, redevelopment (re-equipment, redevelopment) of buildings, individual rooms and (or) parts of the building;

8) deviation from the established red lines and building lines, as well as yellow lines in areas of increased seismic hazard during the planning and construction of settlements;

9) non-compliance with state standards in the field of architecture, urban planning and construction, including the non-use of materials, equipment, products and structures of domestic production included in the database of goods, works, services and their suppliers, as well as labor protection, fire protection at facilities financed by public investments and funds from quasi-public sector entities.- and explosion safety, sanitary and environmental safety, ensuring access for people with disabilities and people with limited mobility to social, transport and recreational infrastructure facilities during the design, examination, construction and subsequent operation of the facility;

10) violation of the procedure established by law for the acceptance and commissioning of completed construction facilities, as well as their maintenance during operation;

11) an unmotivated refusal by officials to provide or provide false information on the preparation and decision-making related to the planning and construction (reconstruction) of settlements (parts of settlements), projected facilities, as well as on the state of the habitat and vital activity and proposed changes in it that directly affect public and private interests;

12) other actions, as a result of which the state of the environment and vital activity deteriorates, the rights and legitimate interests of citizens, including persons with disabilities, and society as a whole are infringed, state interests are harmed, which entail responsibility provided for by the laws of the Republic of Kazakhstan.

2. The obligations to eliminate the violation and its consequences, as well as to compensate for the damage (harm) caused, are assigned to the entity that committed these violations.

3. The facts of non-compliance with the warranty period of operation of a constructed facility as a result of violations committed by subjects of architectural, urban planning and (or) construction activities are established in accordance with the norms of the Civil Code of the Republic of Kazakhstan, as well as Article 69 of this Law.

4. In cases of violations in the design (design and estimate) documentation during the examination process that have a direct impact on the strength, stability and reliability of the facility, as well as violations in the urban development project, violations of the requirements of the legislation of the Republic of Kazakhstan, as well as urban planning and technical regulations, norms and regulations of state and interstate regulatory documents in the field of architecture, urban planning and construction and non-elimination of identified violations within the established time frame for the examination of the organization, The company that has developed the design (design and estimate) documentation, urban planning projects, is responsible in accordance with the laws of the Republic of Kazakhstan.

The negative expert opinion (expert testimony) is a confirmation of the revealed violations in the development of design (design estimates) documentation and urban development projects.

If violations of the requirements of the legislation of the Republic of Kazakhstan, as well as urban planning and technical regulations, norms and regulations of state and interstate regulatory documents in the field of architecture, urban planning and construction that have a direct impact on the strength, stability and reliability of the facility under construction are identified in the design (design and estimate) documentation during construction, the organization that developed the design (design-estimated) documentation, as well as an expert, Those who have issued a positive opinion on the design (design and estimate) documentation are responsible in accordance with the laws of the Republic of Kazakhstan.

When violations of applicable norms and requirements are detected in an urban development project, the organization that developed the urban development project, as well as the expert and the state expert organization that issued a positive opinion on the urban development project, bear responsibility established by the laws of the Republic of Kazakhstan.

Identified violations and expert comments should be motivated and justified by references to relevant regulatory legal acts, requirements of urban planning and technical regulations, norms and regulations of state and interstate regulatory documents in the field of architecture, urban planning and construction in the Republic of Kazakhstan. The issuance of advisory comments is not allowed.

Violation of the validity and (or) reliability of the estimated or estimated cost of construction in civil cases, administrative cases, criminal cases, as well as cases of administrative offenses is confirmed by forensic examination in accordance with the procedure established respectively by the Civil Procedure Code of the Republic of Kazakhstan, the Administrative Procedural Procedure Code of the Republic of Kazakhstan, the Criminal Procedure Code of the Republic of Kazakhstan or the Code of Civil Procedure of the Republic of Kazakhstan. Of the Republic of Kazakhstan on administrative offences.

In case of confirmation by a forensic examination of an unjustified overestimation of the estimated or estimated cost of construction, the persons who developed the design (design and estimate) documentation and conducted a comprehensive non-departmental examination of the project are responsible in accordance with the laws of the Republic of Kazakhstan.

5. The architectural and planning assignment, the agreed draft design, as well as the positive conclusion of a comprehensive non-departmental expert examination of projects agreed and issued in violation of the requirements of the legislation of the Republic of Kazakhstan, as well as urban planning and technical regulations, norms and regulations of state and interstate regulatory documents, are subject to revocation or cancellation in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated July 16, 2001 No. 242.

This Law regulates the relations that arise between government agencies, individuals and legal entities in the process of carrying out architectural, urban planning and construction activities in the Republic of Kazakhstan, and is aimed at creating a full-fledged human habitat and vital activity, sustainable development of settlements and interuniverse territories.

President

Republic of Kazakhstan

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