A detached residential house is a building intended for personal (family) residence located on a land plot and owned by a citizen along with household and other constructions and green spaces.
A land plot is a plot provided to a citizen for construction of an individual residential house and farm management in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
This article provides the complete procedure of how to formalize construction of private house from start to finish.
The procedure for construction and undergoing of licensing procedures in the field of construction is determined by the Rules for Construction and Undergoing Licensing Procedures in the field of construction approved by the Order No. 750 of the Minister of National Economy of the Republic of Kazakhstan as of November 30, 2015 (hereinafter - Rules).
The procedure for formalizing the construction of a private house
- Requesting a land plot for individual housing construction (if there is no plot in private ownership).
- Purchasing or getting a land plot for individual housing construction (find out how to get a land plot under construction on a free-of-charge basis).
- Registering land titles, if this has not been done previously (find out how to formalize the title and obtain a private ownership act for a land plot). It is important here that the designation purpose of a land plot is individual housing construction.
- Obtaining the initial design materials, developing a scheme design of a future house and coordinating it with a structural unit of a local executive body performing functions in the field of architecture and urban planning.
- Constructing a house.
- Putting a real estate object (house) into operation by the owner.
- Handling documents for real estate and titles thereto.
Pursuant to Clause 22 of the Rules, implementation of construction projects is carried out based on the relevant title to a land plot and the following stages:
1) obtaining initial materials for development of construction projects (except in cases of issuing initial materials along with a land plot intended for construction);
2) developing and approving a scheme (scheme design);
3) drawing up design estimate documentation and conducting a comprehensive independent examination of construction project (hereinafter - examination);
4) notifying the bodies carrying out state architectural and construction control and supervision on commencement of construction and installation works and implementation of construction and installation works;
5) accepting a constructed building and putting it into operation.
The construction of technically uncomplicated objects of the third level of responsibility, which includes individual residential houses no higher than 2 floors and temporary buildings (household premises) located on their own private plots, is carried out based on the scheme (scheme design). Thus, there is no need to draw up a project for construction of technically uncomplicated objects of the third level of responsibility, evaluate it and notify the bodies carrying out state architectural and construction control and supervision on the commencement of construction and installation works.
What should the project of a private house be like?
The project reflects constructive and layout solutions that meet the conditions of safe living at least below the minimum state standards and standards for residential buildings.
According to Article 3 of the Law "On Individual Housing Construction", the developer has the right to build a residential house based on any project that does not violate established construction and other mandatory standards and rules and agreed with the architectural and urban planning service of a local executive body of a city of republican significance, the capital, district (city of regional significance).
The dimensions of a residential building and other buildings located on a land plot allocated in accordance with the established procedure are determined by a developer, provided that the external dimensions (including height) ensure the established mandatory regulatory, sanitary, fire-fighting and technical gaps between these buildings, as well as buildings on adjacent land plots.
Construction of individual residential houses not higher than 2 floors
Pursuant to subclause 1) of Clause 2, Article 60 of the Law of the Republic of Kazakhstan "On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan" (hereinafter - Law), the customer (owner) in coordination with local executive bodies of cities of republican significance, the capital, districts (cities regional significance) may carry out the construction of individual residential houses no higher than two floors without design (design and estimate) documentation for scheme designs.
The composition and content of a scheme design for construction of a residential house is given in Appendix 3 of the Rules. It should be developed by a design organization that has the relevant license. The scheme design is subject to agreement with the structural division of a local executive body, which performs functions in the field of architecture and urban planning.
Construction of individual residential houses above two floors
The construction of individual residential houses above two floors is carried out based on the stages provided for in Clause 22 of the Rules.
After receiving the initial materials, developing and approving the scheme design, a developer draws up project documentation, which is subject to mandatory examination.
According to Article 64-5 of the Law, mandatory comprehensive independent expertise for projects of technically and technologically uncomplicated objects of the second level of responsibility is carried out by the accredited expert organizations.
After receiving a positive expert statement, a customer notifies the bodies carrying out state architectural and construction control and supervision on the commencement of construction and installation works and carries out the stated works.
Monitoring the progress of house construction
Control over construction of an individual residential house no higher than 2 floors is carried out by a customer.
The construction of individual residential houses above two floors is carried out with mandatory designer and engineering supervision and is subject to control by the state architectural and construction inspectorate.
Acceptance of a built house into operation, signing of delivery and acceptance act
After construction completion, a facility is put into operation.
Pursuant to Article 74 of the Law, an owner (customer, investor, developer) independently carries out the commissioning of individual residential houses no higher than 2 floors.
The Article provisions do not apply to:
facilities funded through public investments or with their involvement;
construction of individual residential houses above two floors.
The acceptance procedure, as well as the form of the act on acceptance of the built object into operation is approved by an authorized body for architecture, urban planning and construction (Order of the Minister for Investment and Development of the Republic of Kazakhstan as of December 13, 2017 No. 867 "On approval of the Rules for acceptance of the built objects into operation by owners and acceptance act forms").
Acceptance of individual residential houses above two floors is carried out by a customer together with a contractor, designer and engineering supervision (Articles 73 and 75 of the Law).
Who is responsible for the quality of the built house?
Responsibility for the quality of the built house is borne by all the construction participants, i.e. customer, project developer, organization that approved the project, contractor, technical supervision (in case of constructing a house above 2 floors).
Costs incurred during operation of a private house, other buildings and structures, as well as expenses to major repairs and required measures for engineering protection of the territory within a land plot (where required) are borne by the owner of an individual residential house. The owner also undertakes to ensure the use of a land plot for its intended purpose and comply with the sanitary and environmental standards.
The owner is responsible for the unauthorized construction of a residential house and outbuildings.
