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Alteration/conversion/reconstruction of the apartment (house)

From time to time you could pay attention to the inconvenience of the apartment planning. You wonder if you could change it – make one of the rooms bigger, remove the interfering wall, or build an additional dividing wall instead.

Right of the owner for alteration, conversion or reconstruction of the house

As referred to the Article 6 of the Law “Of the private housing construction”, the owner has the right to make alteration, conversion or reconstruction of the house not breaking construction and other compulsory codes and regulations.

  1. If you make alterations in the housing planning, you need to get permit from the responsible authorities.
  2. Any reconstruction, alteration or conversion unconcerted with the Department of architecture and urban development of Almaty will be qualified as unauthorized.

Alteration, conversion or reconstruction of the house should be made in compliance with the following provisions:

1

Receipt of the architectural and designing requirement specification

In the process of the functional change of the housing facilities you are to get the architectural and designing requirement specification for alteration, conversion or reconstruction of the object:

1. Via egov.kz web portal.

For this purpose you need to:

  1. receive EDS (electronic digital signature);
  2. log in and submit an application form of initial materials/architectural and designing requirement specification and technical standards;
  3. attach the e-copies of the following documents:
  • entitling document for the land parcel or decision of the Department of Architecture and Urban Development of Almaty for reconstruction (alteration, conversion);
  • affirmed design assignment;
  • check list for the technical standards.

You should attach the following documents to receive the initial materials:

  1. application form for provision of initial materials/architectural and designing requirement specification and technical standards. Initial materials are architectural and design requirement specification, technical standards, extract from the detailed planning project, vertical grade elevations, cross-sections of roads and streets, external utilities routing diagrams;
  2. entitling document for the land parcel or decision of the Department of architecture and urban development of Almaty for reconstruction (alteration, conversion);
  3. affirmed design assignment;
  4. check list for the technical standards for connection to the sources of engineering and utility provision;
  5. topographic survey.

Turnaround time: processing of the application for design of technically and/or technologically simple projects – 6 working days. Provision of the initial materials (architectural and design requirement specification, technical standards, extract from the detailed planning project, vertical grade elevations, cross-sections of roads and streets, external utilities routing diagrams) – 15 working days.

Processing of the application for design of technically and/or technologically complicated projects – 15 working days. Provision of the initial materials (architectural and design requirement specification, technical standards, extract from the detailed planning project, vertical grade elevations, cross-sections of roads and streets, external utilities routing diagrams) – 17 working days.

The end result of the service: architectural and design requirement specification with the following initial materials attached:

  1. technical standards;
  2. external utilities routing diagrams;
  3. extract from the detailed planning project;
  4. vertical grade elevations;
  5. cross-sections of roads and streets.

2. Via regional department of State Corporation “Government for Citizens” of Almaty according to the place of registration or the Department of architecture and urban development of Almaty.

It is necessary for you to submit the following documents:

  1. application form for provision of initial materials/architectural and designing requirement specification and technical standards;
  2. document of identification (to verify the identity of the service receiver);
  3. design assignment affirmed by the client and sealed by the project designer;
  4. entitling document for the land parcel or decision of the regional akimat of Almaty of granting rights for the land or reconstruction (alteration, conversion) of premises (separate units) of existing buildings;
  5. check list for the technical standards for connection to the sources of engineering and utility provision.

To receive the initial materials:

  1. application form for provision of initial materials/architectural and designing requirement specification and technical standards;
  2. document of identification;
  3. affirmed design assignment;
  4. entitling document for the land parcel or decision of the local executive agency for reconstruction (alteration, conversion);
  5. check list for the technical standards for connection to the sources of engineering and utility provision;
  6. topographic survey.

Turnaround time: processing of the application for design of technically and/or technologically simple projects – 6 working days. Provision of the initial materials (architectural and design requirement specification, technical standards, extract from the detailed planning project, vertical grade elevations, cross-sections of roads and streets, external utilities routing diagrams) – 15 working days.

Processing of the application for design of technically and/or technologically complicated projects – 15 working days. Provision of the initial materials (architectural and design requirement specification, technical standards, extract from the detailed planning project, vertical grade elevations, cross-sections of roads and streets, external utilities routing diagrams) – 17 working days.

The end result of the service: architectural and design requirement specification with the following initial materials attached:

  1. technical standards;
  2. external utilities routing diagrams;
  3. extract from the detailed planning project;
  4. vertical grade elevations;
  5. cross-sections of roads and streets.
2

Creating the alteration project

This stage is the beginning of the procedure of any alterations in the housing planning. You can place your order for the alteration project to a company licensed for this type of activity.

Documents you are to submit:

  1. entitling document for the housing;
  2. technical certificate of the housing.

Turnaround time: stipulated by the licensed company.

The end result of the service: receipt of the alteration project.

3

Permit for alteration

If you need to obtain permit for alteration, conversion or reconstruction of the house/apartment not connected with changes of load-bearing and cladding structures, engineering systems and utilities, you are to apply to the regional department of State Corporation “Government for Citizens” of Almaty according to the place of registration or to the Department of architecture and urban development of Almaty.

It is necessary to:

  1. submit a duly issued application form;
  2. point out in the form: full name, IIN, postal address and phone number of the service receiver, location address of the object to change, purpose of the change of the premises or other units of the building;
  3. attach to the application form:
  • copies and originals of the documents proving the right of ownership for the object to change;
  • document of identification;
  • copy and original of the technical certificate;
  • written consent of the owners (co-owners) for the planned changes of the object;
  • notarized written consent of the owners of other premises (parts of the house) adjoined to the premises (parts of the house) subject to change, in case if the planned reconstructions (alterations, conversion) of the premises (parts of the living house) or changing of the borders of the premises affects their interests;
  • decision of the technical inspection of the availability of reconstruction of the premises located in existing buildings in the regions of high seismic hazard or other geologic (hydrogeological) and hydrotechnical conditions;
  • technical (schematic) design project (if the functional changes of the premises are planned).

Note: The State corporation employee and the service provider receive the data (information about the document of identification; corporation and reincorporation; registration as an individual entrepreneur; certificate of the registered rights (encumbrances) for the real estate and its technical characteristics) from the corresponding governmental information systems via egov.kz web portal.

Turnaround time: 10 working days.

The end result of the service: permit for alteration (conversion, reconstruction) of the premises (separate parts) of existing buildings not connected with changes of load-bearing and cladding structures, engineering systems and utilities.

Reasons for refusal of alteration, conversion and reconstruction of the premises

The department of architecture and urban development of Almaty has the right to deny permission for alteration, conversion and reconstruction in cases when:

  1. the changes affect the load-bearing and/or cladding structures (foundation, sub-bases, framing, columns, supporting structures, beams, joists, external walls, interior load-bearing walls of the floor structures, staircase landings and flights, elevator shafts, etc.) of the existing buildings or cause the constructional alterations of their architectural concept;
  2. owners of the adjoined premises or neighbors do not agree with the change of the borders or functional profile of the building;
  3. the changes have an adverse effect on the building utilities operation, weaken the seismic resistance and other characteristics of the premises.

The motivated refusal form includes the reasons and specified comments for compliance. After you have resolved all the complaints you should repeatedly submit an application form.

4

Notification of construction and installation works

You should notify the State architectural and constructional department of Almaty of the planned construction and installation works beforehand.

According to the new reform, the procedure is simply notification-based. You can receive the service through the web portal of electronic licensing elicense.kz.

You should submit the following documents:

  1. decision of the Department of Architecture and Urban Development of Almaty for reconstruction, alteration, conversion of the premises (separate parts) of existing buildings;
  2. entitling documents for the premises subject to change;
  3. decision of land entitlement (in case if the planned changes include the allocation of additional land plots);
  4. design estimate documentation of the reconstruction (alteration, conversion) of the premises (separate parts) of existing buildings;
  5. affirmative expert assessment (in case of obligatory expert evaluation);
  6. notarized written consent of the owners of other premises (parts of the house) adjoined to the premises (parts of the house) subject to change, in case if the planned reconstructions (alterations, conversion) of the premises (parts of the living house) or changing of the borders of the premises affects their interests.
5

Implementation of changes in the housing planning and receipt of a new technical certificate

After the notification you can start searching and employment of a licensed building contractor and implement the planned alteration (conversion, reconstruction).

If you make changes in the housing planning you are to obtain a new technical certificate:

1. Via egov.kz web portal.

It is necessary to:

  1. obtain EDS (electronic digital signature);
  2. log in and place a request;
  3. attach the e-copies of entitling documents for the real estate with the existing technical certificate of the real estate if available and/or identification document of the land parcel;
  4. attach the state duty pay receipt for provision of the technical certificate (payments can be made through the cash-desks of the second-tier banks or “Kazpost” JSC);
  5. review the notification of the application processing in your personal account.

You can also make e-payment of the state duty for the state service provision using a payment card of any second-tier bank or indicating your current account, in accordance with the Price list published on www.adilet.gov.kz website in section “State services”.

The commission fee for the e-payment is 100 tenge.

When you receive the technical certificate of the real estate you are to make full payment (additional payment) for the implemented works of the state technical inspection of the real estate according to the price list.

Turnaround time: displayed in your personal account.

End result of the service: notification of preparation of the technical certificate including the place and the date of its receipt in State Corporation “Government for Citizens”.

At set days you are to come to State Corporation “Government for Citizens” of Almaty and receive the technical certificate for your real estate.

2. Through the regional department of the State Corporation “Government for Citizens” of Almaty according to the place of registration.

You should submit the following documents:

  1. application form for the technical certificate provision;
  2. document of identification;
  3. entitling documents for the real estate with the existing technical certificate of the real estate if available and/or the official land use entitlement;
  4. state duty pay receipt for the service provision in accordance with the Price list published on www.adilet.gov.kz website in section “State services”.

The state duty payment is made in two stages – when you submit an application and when you receive the technical certificate. When you receive the technical certificate of the real estate you are to make full payment (additional payment) for the implemented works of the state technical inspection of the real estate according to the price list.

Turnaround time: technical certificate for apartments, rooms in dormitories is issued on the third working day. Technical certificate for individual living houses, individual garages, suburban housing is issued on the fifth working day.

The end result of the service: the real estate technical certificate.

6

Acceptance of the project into service

Upon the completion of the construction and installation works after the written contractor’s report of the project readiness (if the project was built by a contractor), it is time for you to start the procedure of acceptance into service. Since January, 1, 2016 the Law “Of architectural, urban development and construction activity” became legally effective. According to the Law, the option of the project acceptance into service by the inspection is eliminated. According to the Article 74 of the Law “Of architectural, urban development and construction activity”, the owner of the housing facilities can independently accept the technically simple projects into service.

Certificates of acceptance into service should be signed by:

  1. the client;
  2. the contractor (construction team);
  3. the design supervision (the company that elaborated the design estimate documentation);
  4. the on-site technical supervision (the company which was to supervise the construction according to the contract).

Altogether you should have four signed certificates of acceptance into service. That means that all the above mentioned parties of the process are subject to administrative, criminal sanctions for life hazard and public health threats caused by the construction rules breaking.

When the construction is completed, the following documents should be submitted:

  1. by the contractor (construction team) – declaration of compliance of the implemented construction and installation works to the approved project report;
  2. by the on-site technical supervision (the company which is to supervise the construction according to the contract) – assessment report confirming the quality of the implemented construction and installation works;
  3. by the design supervision – assessment report of compliance of the implemented construction and installation works to the approved project report.

The procedure of the independent acceptance of implemented construction of simple projects into service consists of the following principal stages:

  1. acceptance of technically simple project into service with execution of the report of independent acceptance of constructed project into service;
  2. verification of compliance of design estimate documentation or scheme design, issued initial materials (documents) for the project to the functioning regulations and specifications;
  3. verification of compliance of the implemented construction and installation works, used building materials and products to the design estimate documentation or scheme design and state (inter-state) regulations, in case if the project was built by the contractor.

The date of the start-up of the project accepted by the owner independently is the date of signing the assessment report.

The next step is to sign the report of the project acceptance into service at the regional agency of the Department of Architecture and Urban Development of Almaty.

It is necessary to submit the following documents:

  1. permit for construction and installation works issued by the State architectural and constructional supervision authority of Almaty;
  2. permit of other organizations (community, seismological, ecological services) depending on the situation (issued by RSE “State expertise agency”);
  3. architectural and designing requirement specification and technical standards issued by the akimat and municipal services;
  4. design estimate documentation (scheme design project);
  5. acceptance certificates (in four copies).

The end result of the service: based on the signed assessment report of the project acceptance into service (stating the date) – execution of the identification documents of the real estate item and state registration of rights for the real estate.

7

Registration of the certificate of acceptance and introduction of alterations in its identification characteristics

The final stage of the main procedure is registration of the certificate of acceptance and introduction of alterations in its identification characteristics. It could be made if you apply to the regional department of State Corporation «Government for Citizens» of Almaty according to the place of registration

For this purpose you should submit the following documents:

  1. application form of the state registration of rights (encumbrances) for the real estate;
  2. document of identification (original to identify the personality);
  3. entitling document verifying the object of registration;
  4. payment receipt.
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