16.03.2012

Qualification Requirements Specified to Certain Types (Sub-Divisions) of Licensed Activity in the Sphere of Architecture, Town-Planning and Construction: Changes Connected with the Establishment of Categories of Licensees

On 25 January 2012 the Qualification Requirements Specified to Certain Types (Subdivisions) of Licensed Activity in the Sphere of Architecture, Town-Planning and Construction (hereinafter – Qualification Requirements) were approved by the Government of Kazakhstan Decree No. 162, which cancelled the effect of the old Qualification Requirements approved by the Government Decree No. 555 dated 30 June 2007.

In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments that might influence their business, we would like to draw your attention to the passed changes in Kazakh legislation in connection with introduction of the new Qualification Requirements.

I. OVERVIEW

On the 15th July 2011 the President of the Republic of Kazakhstan signed the Law on Amending Certain Legislative Acts Regarding Improvement of the Regulatory Approval System (hereinafter – the “Law on Amendments”), which became effective on 30 January 2012.

The Law on Amendments provides provision on division of licensees into 3 categories depending on the level of responsibility (hereinafter – LR) of the constructed facilities:

I category – carrying out activities on facilities of all LR in frame of the existing license;

II category -  carrying out activities on facilities of II and III LR as well as on I LR in frame of the existing license under subcontract agreements;

III category - carrying out activities on technically simple facilities of II and III LR as well as on I and II LR in frame of the existing license under subcontract agreements.

In order to implement the changes introduced by the Law on Amendments, the Qualification Requirements, which become effective on 7 March 2012, were approved and officially published.

Some of the most important qualification requirements, specified to licensees in the sphere of architecture, town-planning and construction activity, are summarized below.

II. QUALIFICATION REQUIREMENTS FOR CARRYING OUT PLANNING ACTIVITY

Category of licensee

Requirements to qualification content of an applicant

Availability of production base

Additional requirements

I category

Presence of engineering and technical personnel, having:

- relevant Higher Professional Education (hereinafter – HPE) in the sphere of planning activity and work experience not less than 5 years, or

- relevant Secondary Professional (SP) or Technical and Professional Education (TPE) in the sphere of planning activity and work experience not less than 7 years as well as permission for executive officers to work in regions of high seismic hazard

 

On the right of ownership, equipped with:

- administrative and production buildings (hereinafter – APB) or areas necessary for execution of declared types of work;

- working places, organised according to work conditions

 

1) Work experience of the licensee:

- not less than 10 years (calculated from the moment of obtaining the license) or

- not less than 5 years as a licensee of II category;

2) presence of:

- at least 10 realised construction facilities of 1 and/or 2 LR as a general contractor or

- at least 20 facilities of 1 and/or 2 LR under subcontract agreements;

3) presence of:

- at least 5 positive opinions from the customers;

- no more than 20% of total engineering and technical personnel of the licensee, carrying out part-time works

II category

Presence of engineering and technical personnel, having:

- relevant HPE in the sphere of planning activity and work experience not less than 5 years, or

- relevant SP or TPE in the sphere of planning activity and work experience not less than 7 years as well as permission for executive officers to work in regions of high seismic hazard

 

On the right of ownership (economic control or operating management) and/or lease, equipped with:

- APB or areas necessary for execution of declared types of work;

- working places, organised according to work conditions

 

1) Work experience of the licensee:

- not less than 5 years (calculated from the moment of obtaining the license) or

- not less than 5 years as a licensee of III category;

2) presence of:

- at least 5 realised construction facilities of 2 technically simple and/or 3 LR as a general contractor or

- at least 20 facilities of 1 and/or 2 LR under subcontract agreements;

3) presence of:

- at least 5 positive opinions from customers, or from the exploiting entities under the realised construction facilities as a general contractor or

- at least 10 positive opinions under subcontract agreements

III category

Presence of engineering and technical personnel, having:

- relevant HPE in the sphere of planning activity and work experience not less than 3 years, or

- relevant SP or TPE in the sphere of planning activity and work experience not less than 5 years as well as permission for executive officers to work in regions of high seismic hazard

On the right of ownership (economic control or operating management) and/or lease, equipped with:

- APB or areas necessary for execution of declared types of work;

- working places, organised according to work conditions

 

 

 

III. QUALIFICATION REQUIREMENTS FOR CARRYING OUT ASSEMBLY AND CONSTRUCTION ACTIVITY

Category of licensee

Requirements to qualification content of the applicant

Availability of the production base

Additional requirements

I category

Presence of engineering and technical personnel, having:

- relevant HPE in the sphere of construction and assembly works and work experience not less than 3 years, or

- relevant SP or TPE in the sphere of construction and assembly works and work experience not less than 5 years as well as permission for executive officers to work in regions of high seismic hazard

On the right of ownership, equipped with:

- administrative and production buildings (hereinafter – APB) or areas necessary for execution of declared types of work;

- working places, organised according to work conditions

 

1) Work experience of the licensee:

- not less than 10 years (calculated from the moment of obtaining the license) or

- not less than 5 years as a licensee of II category;

2) presence of:

- at least 10 realised construction facilities of 1 and/or 2 LR as a general contractor or

- at least 20 facilities of 1 and/or 2 LR under subcontract agreements;

3) at least 5 positive opinions from customers;

4) no more than 20% of total quantity of engineering and technical personnel of the licensee, carrying out part-time works

II category

Presence of engineering and technical personnel, having:

- relevant HPE in the sphere of construction and assembly works and work experience not less than 3 years, or

- relevant SP or TPE in the sphere of construction and assembly works and work experience not less than 5 years as well as permission for executive officers to work in regions of high seismic hazard

On the right of ownership (economic control or operating management) and/or lease, equipped with:

- APB or areas necessary for execution of declared types of work;

- working places, organised according to work conditions

 

1) Work experience of the licensee:

- not less than 5 years (calculated from the moment of obtaining the license) or

- not less than 5 years as a licensee of III category;

2) presence of:

- at least 5 realised construction facilities of 2 technically simple and/or 3 LR as a general contractor or

- at least 10 facilities of 1 and/or 2 LR under subcontract agreements;

3) presence of:

- at least 5 positive opinions from customers, or from exploiting entities under realised construction facilities as a general contractor or

- at least10 positive opinions under subcontract agreements

 

III category

Presence of engineering and technical personnel, having:

- relevant HPE in the sphere of construction and assembly works and work experience not less than 2 years, or

- relevant SP or TPE in the sphere of construction and assembly works and work experience not less than 3 years as well as permission for executive officers for works in regions of high seismic hazard

On the right of ownership (economic control or operating management) and/or lease, equipped with:

- APB or areas necessary for execution of declared types of work;

- working places, organised according to work conditions

 

 

 

IV. CONCLUSION

Establishment of categories of licensees toughen requirements specified to licensees in the sphere of architecture, town-planning and construction activity, as many design and construction companies of Kazakhstan do not fall within the strict frames, established for each category of licensees.

Zarina Syzdykova
Junior Lawyer
GRATA Law Firm

In order to receive more detailed information, please do not hesitate to contact our lawyers in the following branch offices of GRATA Law firm:

Almaty, Licenses and Permits Department

Leila Makhmetova, Senior Lawyer

+7 (727) 2445-777 
+7 701 221-90-16
licenses@gratanet.com
lmakhmetova@gratanet.com

Astana, Licenses and Permits Department

Dina Zhuzdubayeva, Lawyer

+7 (7172) 689-929      
+7 701 786-58-64      
licenses@gratanet.com
dzhuzdubaeva@gratanet.com

Leila Makhmetova

Counsel, Director of Environmental Law Department