We would like to ask you to consider the service of GRATA’s Department of Licenses and Permits for obtaining any state licenses for architecture, urban construction or building construction in the Republic of Kazakhstan that your company may require (hereinafter “Construction License”).

It has become increasing popular of late to invest capital into construction and infrastructure through local or foreign companies.

The changes in the new regulations for the licensing of activities and the qualifying requirements for architecture, urban construction and the building construction spheres together with the recent coming into force of the law dated 09.08.2007 entitled “Licensing” has greatly influenced the procedures for obtaining “Construction Licenses”.     

Firstly, the new law stipulates not only the exact list of activities in the above said sphere but also the subspecies of these activities; it facilitates the job for the Applicant.   

Secondly, the specific criteria governing the required application documents are clearly defined for each Licenser. Thus, a "Construction License" is given according to the place of registration of the legal entity or the person.

Thirdly, the documents required for obtaining a "Construction License" are submitted to the Licenser in the form of a report (it should be noted that previously the Applicant had to submit the documents preliminarily for a technical audit and expertise to check their accordance with the qualifying requirements).

It is very important to draw up the report in Kazakh.

Finally, the procedure for obtaining a "Construction License" has been essentially altered.

1) “One stop principle" has been added. This means the Applicant should submit documents directly to the Licenser according to its place of registration (previously it was necessary to get all the reports and/or approvals of state organs before submitting the documents).
2) The Licenser within 2 days sends requests to the relevant state organs for their reports and/or approvals.
3) The state organs consider the documents within 25 business days and make a decision on whether to give their report and/or approval or to refuse giving such.
4) The Licenser issues the Construction License.

The total time for the documents' consideration is 30 business days.

Each step is followed by preparation of the required documents and communication with the state organs.   

When licensing construction activity of both national and foreign companies many issues come to light that result in either difficulties in obtaining the licenses or a delay to the term required to receive the licenses.

Let's highlight the essential questions:

(?) One of the main qualifying requirements is the presence of a manufacturing base proven by proprietary rights or a long-term lease. More often meeting this requirement is difficult considering, that:
• localization of the base should be the same as the place of registration of the Applicant;
• documents that certify the right to use the base by the Applicant should be registered.

(?) Submitting the documents that certify the technical equipment of the Applicant.

(?) Often applicants face problems connected with submitting documents that certify the qualifications of specialists (such as diplomas, job certificates and certificates evidencing the testing of specialists' knowledge concerning safety measures etc).   

How does one meet all the requirements for obtaining a desired licence?

Can a recently created firm submit the Licenser information and documents evidencing production, technical equipment and staff with relevant qualifications?

In order to avoid undesirable consequences in issues of licensing activity in the sphere of architecture, urban construction and building construction in the RK, we can offer a complex selection of legal services supporting you in the procedure for obtaining your licences in the mentioned sphere:

The formation of all documents for:
• registration in organs governing real estate, as well as acquiring registered documents;
• applications to state organs with the purpose of receiving affirmative reports/approvals;
• submissions to the Licenser in order to obtain a “Construction Licence”;
negotiating with state organs.

Obtaining legal advice from Grata lawyers will allow you to avoid any contraventions of the principles enacted within licensing legislation, as violation of these regulations can result inn administrative or even criminal liability.

We are ready to provide an analysis of the activity of your company and offer professional recommendations.

Should you have any questions or require additional information, please contact us at any suitable time for you at the numbers below.

Best regards,

Mukhabat Iminova,
Lawyer

Tel.: +7 727 2590 112
Fax: +7 727 2590 198
Mobile: +7 701 781 0210
E-mail: miminova@gratanet.com