Note: A ban for the construction of multi-storied buildings in the mountainous area and at the foot of the mountains in Almaty

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Almaty uptown at the foot of Tien Shan

On March 11, 2016 at its LI-th session, the Almaty City Maslikhat adopted Resolution #421 (further the Resolution), which amended the Program of Implementation of the City Planning Regulations to Develop Zones in the city of Almaty.

Under the Law of the Republic of Kazakhstan "On Statutory Regulation Acts", Article 7, Item 2, the regulatory statutory acts of Maslikhats, the statutory regulation resolutions of Akimats, the statutory regulation decisions of Akims, and the statutory regulation resolutions of the audit commissions refer to the main types of statutory regulation acts, but in the hierarchy they are at an inferior level of authority. In other words, the statutory regulation resolutions of Maslikhats shall not contradict the statutory regulation acts of superior authority. If the case is so that a statutory regulation resolution of Maslikhat contradicts the statutory regulation acts of superior authority, the provisions of the statutory regulation acts of superior authority shall apply.

In accordance with the Law of the Republic of Kazakhstan "On Local Government and Self-Government in the Republic of Kazakhstan", Article 3, Item 7, the resolutions of the Maslikhat taken within its competence and related to the rights, freedoms and obligations of citizens, shall be officially published in accordance with the procedures established by the laws of the Republic of Kazakhstan and are binding on the relevant territory.

With the entry of the Resolution into force, the Program of Implementation of the City Planning Regulations to Develop Zones in the city of Almaty, namely its Part Ж-3, sets a new restriction over construction in Almaty, which states as follows:

"The number of stories for the buildings located south of East Bypass Road (EBR), Al-Farabi Avenue, Sain Avenue, Zhandosov Street (from Sain Avenue to the city border) shall be no more than three plus the basement for all types of buildings, with a maximum height of the building to be no more than twelve meters from the ground to the top of the parapet (the ridge of the roof) and with a width of no more than fifteen meters, and if any parking lot underneath the building, then the width of the building shall be no more than seventeen meters (east-west direction) with the meridian placement of building to let the air currents pass through."

Earlier, in the Program of Implementation of the City Planning Regulations to Develop Zones in the city of Almaty there were no specific restrictions concerning the buildings located south of the East Bypass Road (EBR), Al-Farabi Avenue, Sain Avenue, Zhandosova Street (from Sain Avenue to the city border).

Now the developers have to construct buildings in those areas, taking into account the new requirements enacted. Control over the execution of the adopted requirements was laid on the Commission of Maslikhat of Almaty City for Urban Planning, Landscaping and Communal Property and the Almaty City Akimat. The authorities have the right to carry out inspections, and in case of any violation revealed to initiate a lawsuit with further rendering of judgment by the court about the forced demolition.

Prepared by Viktoria Chagai,
The Lawyer of Artyushenko and Partners,
On July 7, 2016


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