Kazakhstan Construction Code Goes into Effect

The Construction Code signed by the President of the Republic of Kazakhstan on 9 January 2026 becomes effective on 1 July 2026. The Code replaces the Law of the Republic of Kazakhstan “On architectural, urban planning and construction activity” No. 242 dated 16 July 2001, the Law of the Republic of Kazakhstan “On individual housebuilding” No. 213-XIII dated 3 November 1994, and introduces new regulatory provisions with respect to construction activities in Kazakhstan. This LawFlash summarizes key takeaways from the Code.

STATE ARCHITECTURAL AND CONSTRUCTION CONTROL AND SUPERVISION

Generally, taking into account experience in the area of construction in Kazakhstan to date, the Code strengthens and expands some of the functions of state authorities on architectural and construction control and supervision to ensure safety in project development.

National Institute of Technical Standardization in Construction

The Code designates the creation of a national institute for technical standardization in construction for the development and improvement of technical regulations and standardization documents in architecture, urban planning, and construction. The organization that will act as such institute is yet to be determined on a competitive basis by the Kazakhstan Ministry of Industry and Construction (Ministry).

Automated Digital System

The state urban planning cadaster will now be maintained through a digital system, which will serve as one of the key tools for architectural and construction control and supervision. The system will be used for, among other things, (1) ongoing monitoring of compliance with qualification, permitting, and other regulatory requirements; (2) registration of survey and design documentation (without design estimates), (3) recordkeeping of taking-over (commissioning) certificates.

Additional Functions

The Code states that from now on, the state authority on the state architectural and construction control and supervision shall (1) participate during commissioning of a construction facility and approve the conclusion on the quality of the construction work issued by a technical supervision expert, and (2) check and confirm compliance of the facility with the statutory requirements in the course of record-keeping of the taking-over (commissioning) certificate (post-commissioning).

TURNKEY CONSTRUCTION PROJECTS

The Code retains the concept of “turnkey” construction and introduces the term “technical employer” for implementation of such construction projects. However, the Code’s provisions on this matter seem to contradict one another. Specifically, the Code provides that the technical employer’s functions include development of the design documentation and determination of the (general) contractor for construction works, while “turnkey” construction is defined as a complex work covering development of design documentation, procurement of goods and services, and construction works, implying that the relevant project shall be implemented under one framework.

The above inconsistency also contradicts the international practice of implementation of “turnkey” construction projects, whereby all works related to development of design documentation, procurement of equipment and materials, and construction works are performed by a single person under a single engineering, procurement, and construction (EPC) arrangement on a “turnkey” basis. That person is responsible for all design and construction risks associated with the project, and therefore acts as the single point of responsibility vis-a-vis the employer.

In order to properly address “turnkey” project construction concept in Kazakhstan legislation, we believe both the Code and the Civil Code of the Republic of Kazakhstan would need to be amended to secure a greater level of responsibility of EPC contractors (when compared to that of an engineering or construction contractor or equipment supplier).

OPERATIONAL CONTROL OF CONSTRUCTION FACILITIES

The Code introduces operational control over the technical condition of a construction facility to ensure the facility’s safe operation and use post-commissioning, which is to be conducted by a person who holds ownership or other legitimate title to the facility or a person contracted for the operation and maintenance of the facility. The person responsible for the safe operation of the facility is also responsible for financial and other maintenance of adjacent construction facilities.

CERTIFICATION

The existing attestation of specialists (experts) in the area of architectural, urban planning, and construction activity will be replaced with the certification thereof, effective from 1 July 2028. The list of specialists that will be subject to the above certification and the procedure thereof will be determined by the Ministry.

COMPLEX EXPERT REVIEW

Design estimates for construction projects without state investments are now exempt from complex expert review.

OTHER TAKEAWAYS

Employers can develop a schedule of visits of the facility during its construction and submit it to the competent authority along with notification on commencement of construction work. This provides predictability and will allow minimal interruption of the construction process.

The contractor is entitled to demand termination of the contract in case of lack of payments for six months or incompliance with the schedule of payments under construction projects lasting over one year.

The statutory guarantee period for supporting structures, roofs, and external walls (facades) of buildings shall be no less than 10 years, and for other works no less than five years.

Significant attention is given to design development and construction of facilities in seismic zones, which are now regulated by the new provisions introduced by the Code.