Mazhilis of the Parliament of the Republic of Kazakhstan Adopts Draft Construction Code
- Seismic Safety
- Engineering Surveys
- Digitalisation of Processes
- Control and Commissioning of Facilities
- Master Plans and Detailed Planning Plans (DPP)
- New Institutes
- Conclusions
- REVERA Lawyers' Recommendations
- How REVERA Can Assist
- Contact our lawyer to find out more
The Mazhilis has adopted in the second reading the draft Construction Code and accompanying amendments, developed in fulfilment of the instructions of the Head of State to systematise legislation in the sphere of architecture, urban planning, and construction.
The document introduces a number of key changes:
Seismic Safety
Previous regime
Regulation was limited to general norms on building stability.
New regime
Institutes for the assessment of seismic hazard and risk are being introduced. The obligation for the certification of structures to determine wear and tear and construction quality is being enshrined in law.
Engineering Surveys
Previous regime
Design and construction could commence without mandatory surveys.
New regime
It is prohibited to prepare design documentation and construct facilities without conducting engineering surveys.
Digitalisation of Processes
Previous regime
Control and accounting of construction processes were managed in a disparate manner.
New regime
A unified construction portal with a Unique Number for the Object (UNO) is being created, along with a digital register of licensees, mandatory application of BIM technologies, and certification of experts according to EU standards.
Control and Commissioning of Facilities
Previous regime
The participation of the State Architectural and Construction Control Committee (GASK) and the Ministry of Emergency Situations (MES) in commissioning was not legally enshrined.
New regime
Scheduled inspections and the participation of GASK and MES during the commissioning of facilities are being introduced; warranty periods are extended to 10 years for load-bearing structures and to 5 years for facilities overall; a mechanism for rapid response to violations is being implemented.
Master Plans and Detailed Planning Plans (DPP)
Previous regime
Control over the implementation of master plans was limited to executive bodies.
New regime
Maslikhats (local representative bodies) approve master development plans and monitor the implementation of master plans; changes to DPPs are permitted no more than once every two years; public discussions with online publication of results are mandatory.
New Institutes
Previous regime
There was no single entity responsible for turnkey construction.
New regime
The institute of a "Technical Client" is being introduced, and a National Institute of Technical Standardisation is being established to update norms and standards.
Conclusions
- The Code enhances control over construction quality and the operational reliability of facilities.
- The digitalisation of processes (UNO, BIM, register of licensees) increases transparency and reduces risks from non-reliable companies.
- The involvement of GASK and MES in facility commissioning and the new warranty periods strengthen citizen protection.
- The engagement of Maslikhats and public discussions increases the level of democratic process and consideration of public interests.
- The institute of the Technical Client and national standardisation create conditions for the systematic development of the industry.
REVERA Lawyers' Recommendations
- Prepare internal procedures for facility certification and interaction with local authorities.
- Implement BIM technologies and assess readiness for the digital construction portal.
- Revise contractual terms with contractors considering the new warranty periods.
- Enhance monitoring of publications and citizens' appeals, as they may become grounds for inspections.
- Engage in the process of public discussions on master plans and DPPs to account for the interests of business and the public.
How REVERA Can Assist
- Consultancy on the implementation of BIM and digital registers.
- Legal support for facility certification and interaction with GASK/MES.
- Preparation of contracts considering the new warranty periods and Code requirements.
- Representation during inspections and rapid response measures.
- Support in public discussions of urban planning projects and protection of clients' interests.
Author: Alibek Slan
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