16.03.2012

Regulations on Attestation of Experts Carrying Out Expert Works and Engineering Services in the Sphere of Architecture, Town-Planning and Construction: Qualification Requirements and Procedure of Attestation

In Kazakhstan the Regulations on Attestation of Experts Carrying out Expert Works and Engineering Services in the Sphere of Architecture, Town-Planning and Construction Activity, approved by the Government Decree No. 165 dated 25 January 2012 (hereinafter – Regulations) came into force on 30 January 2012. The Regulations establish qualification requirements for experts and procedure of their attestation.

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 changes in Kazakh legislation in connection with introduction into effect of the new Regulations.

I. OVERVIEW

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

The Law on Amendments cancelled the obligatory licensing of expert works and engineering services in the sphere of architecture, town-planning and construction activity and provided provision of their obligatory attestation.

The qualification requirements specified to expert as well as procedure of their attestation are summarized below.

II. QUALIFICATION REQUIREMENTS

In order to consider the basic provisions of the Regulations, the main terms shall be clarified:

expert – is a physical entity carrying out certain types of expert works and engineering services in the sphere of architecture, town-planning and construction activity;

expert certificate – is a qualification certificate of the established form, identifying status of expert and his right to carry out expert works and engineering services in the sphere of architecture, town-planning and construction.

Experts carry out the following types of expert works and engineering services:

- examination of town-planning, pre-project and project documentation;

- technical supervision;

- designer supervision;

- technical inspection of reliability and sustainability of buildings and facilities.

Qualification Requirements  for Experts

Type of expert works and engineering services

Specialisations 

Education

Work experience

Expert in examination of town-planning, pre-project and project documentation

1) town-planning;

2) pre-project documentation;

3) architecture;

4) constructional part;

5) engineering networks and systems (by types of engineering networks and systems);

6) technological part (depending on facility purpose);

7) special sections of projects

 

Higher Professional Education (hereinafter – HPE) on relevant sections of town-planning and project documentation

work experience in development of relevant sections of town-planning, pre-project and project documentation not less than 5 years

Expert in carrying outtechnical supervision 

on facilities of I level of responsibility (hereinafter – LR) –  part of bearing and building structures

HPE in the sphere of construction

work experience as an expert not less than 5 years

on facilities of I LR - part of engineering networks

HPE in the sphere of construction

work experience as an expert not less than 5 years

on facilities of I LR - part of technological equipment

HPE in the sphere of construction

work experience as an expert not less than 5 years

on facilities of II and III LR - part of bearing and building structures

HPE in the sphere of construction

work experience during execution of construction and assembly works not less than 3 years

on facilities of II and III LR - part of engineering networks

HPE in the sphere of construction

work experience during execution of construction and assembly works not less than 3 years

on facilities of II and III LR - part of technological equipment

HPE in the sphere of construction

work experience during execution of construction and assembly works not less than 3 years

Expert in carrying outdesign supervision 

on facilities of I LR –part of architecture

HPE in the sphere of construction

work experience as an expert not less than 3 years

on facilities of I LR - part of bearing and building structures

HPE in the sphere of construction

work experience as an expert not less than 3 years

on facilities of II and III LR - part of architecture

HPE in the sphere of construction

work experience in design activity not less than 5 years

on facilities of II and III LR - in a part of bearing and building structures

HPE in the sphere of construction

work experience in design activity not less than 5 years

Expert in carrying outtechnical inspection of reliability and sustainability of buildings and facilities 

 

HPE in the sphere of construction

work experience in design activity on specialisation estimation and design engineering or work experience as an expert in this sphere not less than 5 years

 

III. PROCEDURE OF ATTESTATION

Attestation is conducted once every 5 years to determine level of professional education and competence of an expert.

To obtain attestation applicants shall submit to the territorial Department of the State Architecture and Construction Control (hereinafter – SACC) the following documents:

- application in the established form;

- notarised copy of Diploma on HPE (in the presence of academic degree –copies of the relevant documents);

- notarised copy of Labour Book or other documents approving work experience.[1]

Based on approval of the collected documents, the SACC once a week compiles a list of entities which applied for attestation, and submits the materials to the attestation commission for their consideration on compliance with the requirements. 

Testing 

Documents of applicants are considered on the basis of their compliance with the requirements of the attestation commission, which are conducted at least once every 2 weeks, within 2 business days from the moment of the beginning of the meeting. Based on the results of the consideration, the SACC approves by a decree schedule of testing and protocol, which contains the following decisions in respect of each expert:

- admitted to testing;

- not admitted to testing.

The applicant shall be informed about the place, date and time of testing or about reasons for non-admission to testing in written form within 10 business days from the day of decree signature.

Testing is automatic and conducted in state or Russian languages by choice of expert. Tests take 120 minutes. Test consists of 100 questions.

The threshold necessary to pass is:

1) for experts listed below - 90 correct answers

Expert in carrying out technical supervision

on facilities of I LR –bearing and building structures

on facilities of I LR - engineering networks

on facilities of I LR - technological equipment

Expert in carrying out design supervision

on facilities of I LR –architecture

on facilities of I LR - bearing and building structures

2) for all other experts – 70 correct answers

Applicants who received a mark lower than 90 can retake the test again but not earlier than after 3 months from the moment of the last attestation.

The SACC submits test results to the attestation commission within 2 business days.

Attestation

Test results are considered at meetings of the attestation commission, which are conducted at least once every 2 weeks. The attestation commission makes one of the following decisions in respect of each expert:

1) attested;

2) not attested.

The decision of the attestation commission is recorded in a form of a protocol of meeting of the attestation commission accompanied with a list of attested and not attested applicants within 2 business days from the day the attestation commission’s meeting.

Based on this protocol, the SACC issues a decree on positive result of  attestation and issues a certificate within 5 business days.

Expert certificate as well as notification of failed attestation is issued within 5 business days from the day of decree signature.

IV. CONCLUSION

Cancellation of licensing of expert works and engineering services in the sphere of architecture, town-planning and construction activity significantly simplifies activity of experts and expert organisations. The Regulations, in their turn, establish clear requirements for experts and provide for a detailed procedure of their attestation.


[1] The notirised copies are not necessary in case of submission of the original of document by the applicant to the official of the SACC.

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