licensing of construction activities in …internal quality control policy, safety rules and...
TRANSCRIPT
LICENSING OF CONSTRUCTION ACTIVITIES
IN KAZAKHSTAN
INTERNATIONAL
THIS DOCUMENT IS PREPARED AS A GENERAL OVERVIEW OF
THE LAW AND SHALL NOT BE CONSIDERED AS A LEGAL ADVICE
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This Article is intended to bring attention of
construction companies considering entering
the construction market in Kazakhstan to general
provisions of Kazakh law regulating licensing of
construction and design activities.
INTERNATIONAL
Architectural, construction and design activities are the experience, the applicant must provide to the state
subject to licensing in Kazakhstan. The Law on authorities documents confirming completion of the
Permissions and Notices dated 16 May 2014 (hereinafter - projects and positive references from the clients in a
the “Law on Permits”) establishes the list of activities to be written form.
licensed in the area of construction and design works. All The applicant shall also comply with the qualification
licenses in Kazakhstan are inalienable and cannot be requirements. According to these requirements the
transferred to third parties. applicant must own or lease operational site in
The Law on Architectural, Urban-planning and Kazakhstan with the buildings/facilities sufficient to
Construction activities dated 16 July 2001 and the Law on perform the works under the license. In addition to the
Permits has divided construction and design licenses into operational site, it is required to have a minimum set of
three main categories based on the different levels of equipment, machinery and instruments to perform the
responsibility for facilities to be built. works under the license, and to have the internal quality
The license of Category III is issued for simple types of control policy, safety rules and conditions etc. Among
works and facilities in the area of construction and design. other requirements, the applicant shall engage not less
To obtain this license no construction experience is than one qualified engineer in Kazakhstan for each of the
required. At the same time, the applicant shall comply types of works to be performed under the license. All
with certain qualification requirements established by law. engineers must obtain a certificate confirming their
According to these requirements the applicant must own qualification in Kazakhstan.
or lease operational site in Kazakhstan with the The license of Category I is issued for complicated design
buildings/facilities necessary to perform the works under and construction activities at the facilities of high
the license. The Law is silent about the measure of complexity (e.g. industrial facilities, dangerous production
operational site; however, it should be sufficient to facilities of oil, gas, chemical and mining industries,
perform the works under the license. mainline trunk- and railroads, thermal power facilities
In addition to the operational site it is required to have a with a capacity of more than 150 megawatt, the airports,
minimum set of equipment, machinery and instruments to multiplicity housing and public utilities, etc.). To obtain
perform the works under the license, and also have the this type of license, not less than 10 years of proven
internal quality control policy, safety rules and conditions, design or construction experience in Kazakhstan or
etc. Among other requirements, the applicant is required outside the country is required. This requirement does not
to have in Kazakhstan not less than one qualified apply if the applicant is a local company, there 50% of
engineer, who must obtain a certificate to perform the shares are owned by the Kazakh company operating
works under the license. having an effective license of category I, and the rest of
The license of Category II is issued for more complicated the shares are owned by a foreign company.
design and construction activities at the facilities of higher
complexity. These facilities include, for example,
production facilities of machine-building, transport and
processing industries, and thermal power facilities with a
capacity of less than 150 megawatt, agro-industrial
facilities and others. To obtain this type of license, not less
than 5 years of proven design or construction experience
in Kazakhstan or outside the country is required. To prove
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In addition to the operational site it is required to have a minimum set of equipment, machinery and instruments
to perform the works under the license, and to have the internal quality control policy, safety rules and
conditions. Among other requirements, the applicant shall engage not less than one qualified engineer in
Kazakhstan for each of the types of works to be performed under the license. All engineers must obtain a
certificate confirming their qualification in Kazakhstan.
The licenses are issued at the place of registration of the applicants. As regards to foreign companies, the licenses
can be issued either at the address of legal registration of their Kazakh branch or at the place (site) of performance
of construction and design activities. In practice issuing of the licenses to the foreign companies at the place of
registration of their branch is more common.
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INTERNATIONAL
In case of any questions, you may contact the following lawyers:
Yerzhan Yessimkhanov,
Partner, Head of Construction and Infrastructure Group
Asem Tnalina,
Senior Lawyer, Construction and Infrastructure Group