Complaint about the verification of the title documents for the building under construction from the founders (participants) of the construction organization and the construction customer
Akim of Almaty city
Dosaev Erbolat Askarbekovich
+7 (727) 225 19 19
Almaty, Republic Square, 4
copy: To the head of KSU "Management
urban planning control of the city of Almaty"
Almaty, Abaya ave., 90
To the head of KSU "Management
urban planning and urban studies of Almaty"
Almaty, Abaya ave., 90
To the prosecutor of the Nauryzbay district
Almaty, md. Shugila, 347/1
Akim of the Nauryzbay district of Almaty
Almaty, md. Shugila, 347
To the head of the State Institution "Department of Emergency Situations of the city of Almaty"
Almaty, Baizakov St., 300
To the head of the RSU "Department
sanitary and epidemiological control of the city of Almaty"
3a Zhibek Zholy ave., Almaty
from citizens living down the street
. Rakhat microdistrict of the Nauryzbay district of Almaty
Claim
We, the residents of the houses located at the address: Almaty, Nauryzbai district, Rakhat microdistrict, Kokdala Street have been suffering for several weeks from the actions of unknown persons who are constructing a real estate object in the immediate vicinity of our homes. The construction is being carried out near the building located at the address: Almaty, ul. K.., 2.
These unidentified persons, without the consent of the residents of the houses on Kokdala Street, began construction. Construction works accompanied by strong noise are carried out from early morning from 07:00 hours until late at night. According to the legislation of the Republic of Kazakhstan on observing silence, they do not respond to our repeated requests to start work from 9:00 a.m. on weekdays and from 10:00 a.m. on weekends. Police officers have remained inactive in response to our repeated statements about bringing construction workers to administrative responsibility for violating the legislation of the Republic of Kazakhstan on observing silence. Thus, there is a fact of hiding an administrative offense by the police officers of the Nauryzbay district.
Also, as a result of construction work, a huge amount of dust rises, which we and our children are forced to breathe in the courtyards of our houses, and also because of the dust we cannot ventilate our homes and are forced to stay at home with the windows constantly closed. And this is with an air temperature of more than +30 degrees Celsius, which has been established in the city of Almaty in recent weeks.
Also noteworthy is the absence of a Passport for the facility. In this regard, we do not know who is the customer of the construction site, whether technical supervision of this construction is conducted. Thus, there are doubts whether these construction works are carried out in accordance with the current legislation of the Republic of Kazakhstan. Our demands to provide us with permits for review, on the basis of which construction began, were refused.
According to In accordance with paragraph 7.2 of the SNiP RK 3.01-01-2008 "Urban planning. Planning and building of urban and rural settlements" - in areas of estate development, the distances from the windows of residential premises (rooms, kitchens and verandas) to the house and outbuildings (barn, garage, baths) located on neighboring land plots should be at least 6 meters. The distance from the boundary of the plot should be at least 3 meters to the wall of an apartment building.; 1 meter – up to outbuildings (note: it is allowed to block residential buildings, as well as outbuildings on adjacent household plots by mutual agreement of the homeowners). And these norms can be changed downward only by mutual agreement of the homeowners of adjacent land plots, according to the Note to paragraph 7.2 of the specified SNiP RK 3.01-01-2008 . Thus, we see violations of the specified provisions of the SNiP RK 3.01-01-2008 on the part of persons conducting construction work.
According to According to Articles 12, 13 of the Law "On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan", land plots may be used by owners or land users for development (including laying communications, engineering preparation of the territory, landscaping, landscaping and other types of site development) only in accordance with the design documentation approved in accordance with the procedure established by law and compliance with the intended purpose or easement, zoning of the territory, red lines and building regulation lines, rules of building and operation. If architectural, urban planning and (or) construction activities in a given territory affect the interests of citizens, public associations and legal entities, they have the right to impose restrictions, suspend or terminate administratively or judicially activities carried out in violation of legislation or government regulations.
We also believe that fire and sanitary regulations may be violated by those involved in the construction, since the structure is being built close to our homes, and the facility under construction is supposedly going to be a catering facility.
In this regard, we had concerns about which heat source would be used in cooking, whether it would be safe for us and the surrounding buildings.
According to paragraph 4.2.2.2 of the Tax Code of the Republic of Kazakhstan 3.01-01-2013 "Urban planning. Planning and construction of urban and rural settlements" - Buildings and structures should be placed taking into account the possible ignition of buildings and structures, or their elements in case of fire, so that the latter could not spread to neighboring buildings in the most adverse weather conditions.
And since this will be a public catering facility, we have a reasonable fear that rodents and insects may get into it, which are carriers of infections that may later migrate to our homes.
According to paragraph 6.33.3 of the Tax Code of the Republic of Kazakhstan 3.01-01-2013 "Urban planning. Planning and development of urban and rural settlements" - The planning organization of residential areas provides for their differentiation by building types, its number of floors and density, location, taking into account historical, cultural, natural, climatic and other local features. The type and number of floors of residential buildings are determined in accordance with socio-demographic, national, architectural, compositional, sanitary, epidemiological and other requirements for the formation of a residential environment, as well as the possibility of developing engineering infrastructure and ensuring fire safety.
By virtue of Article 8 of the Civil Code of the Republic of Kazakhstan, actions of citizens and legal entities carried out solely with the intention of harming another person, as well as abuse of rights in other forms, are prohibited.
Thus, we have reason to believe that unknown persons, in violation of urban planning, sanitary-epidemiological, and fire safety regulations, are arbitrarily erecting a building that distorts the architectural ensemble without obtaining permits required in accordance with the land legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on architectural, urban planning, and construction activities in the Republic of Kazakhstan, and others. the legislation of the Republic of Kazakhstan.
Paragraph 11 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On certain issues of dispute resolution related to the protection of property rights to housing" dated 16.07.2007 No. 5 unequivocally requires the courts that the satisfaction of claims related to the demolition of illegally erected buildings is possible provided that the preservation of the building does not violate the legitimate interests of others or pose a threat to life and the health of citizens.
According to article 136 of the Code of Administrative Offences of the Republic of Kazakhstan, "Illegal occupation or exchange of state land plots or other transactions that directly or indirectly violate the right of state ownership of land, as well as the late return of temporarily occupied state lands. –
they impose a fine on individuals in the amount of seventy–five, on officials, small business entities or non–profit organizations – in the amount of one hundred, on medium-sized businesses - in the amount of one hundred and fifty, on large businesses - in the amount of seven hundred monthly calculation indices."
According to article 319 of the Code of Administrative Offences of the Republic of Kazakhstan, "Illegal construction of industrial, residential, economic, hydraulic (water management) or domestic facilities without the appropriate right to land." –
entails a fine for individuals in the amount of fifteen, for officials, small businesses or non–profit organizations in the amount of thirty, for medium–sized businesses in the amount of fifty, for large businesses in the amount of two hundred monthly calculation indices, with or without forced demolition of an illegally erected or under construction building."
According to article 437 of the Code of Administrative Offences of the Republic of Kazakhstan, "Violation of silence from 22 to 9 a.m., including carrying out work in and out of a home accompanied by noise, unrelated to an urgent need, impeding the normal rest and tranquility of individuals, as well as the violation of silence by entertainment establishments located in residential buildings and on residential areas, from 22 to 9 a.m. on weekdays, from 23 to 10 a.m. on weekends and holidays –
entails a fine for individuals in the amount of five, for small businesses or non–profit organizations – in the amount of twenty, for medium–sized businesses - in the amount of thirty, for large businesses - in the amount of one hundred monthly calculation indices."
Based on the above, we ask:
- check the title documents for the building under construction from the founders (participants) of the construction organization and the construction customer;
- bring the perpetrators to administrative responsibility;
- to check on the arguments stated in the complaint;
- to take other measures against the perpetrators provided for by the legislation of the Republic of Kazakhstan in the field of architecture and urban planning in order to ensure and respect our rights.
With respect,
Residents of the houses of the MKR. Turkish delight, Kok dala-.., Kok dala-.., st. Kok dala-5, Kok dala-6
Kok dala-7, Almaty city
1)____________________________________________________________________
(Full name)
IIN __________________________; Tel.: _________________________________
Address:________________________________________________________________
2)____________________________________________________________________
(Full name)
IIN __________________________; Tel.: _________________________________
Address:________________________________________________________________
3)____________________________________________________________________
(Full name)
IIN __________________________; Tel.: _________________________________
Address:________________________________________________________________
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