This issue occurs most often due to the need to alter an apartment so that it fits that or another business (office, shop, premises for the provision of various services, etc.).
According to Article 18, Item 2 of the Law of the Republic of Kazakhstan "On Housing Relations", the using by the owner of its apartment or part of it for non-residential purposes does not require the relevant permit from the state bodies. The said right is exercised by the owner, only providing that it complies with the building code, sanitary and epidemiological regulations, fire prevention regulations and other mandatory regulations and rules. However, if the owner of the apartment, in the changing the status of the apartment from residential to non-residential one, intends to make its renovation, improvement, or modernization, it has to get the relevant permit from the state bodies.
Based on the meaning of Article 4, item 3 of the Law of the Republic of Kazakhstan "On Housing Relations", the improvement and remodeling of residential and non-residential premises in a residential building are possible with the consent of the owner of the premises and in the availability of the project implemented by a natural or legal person responsible for the compliance of the project with the building code. Non-residential premises must be isolated from residential premises and do not have a common entrance (exit). The compliance of the project with the mandatory requirements is confirmed in accordance with the procedure established in the laws of the Republic of Kazakhstan by the authorized body for architecture, urban planning and construction.
Moreover, if in the renovation or remodeling of the apartment, the supporting structures or the common property will be affected by it, it is necessary to obtain a written consent from not less than two thirds of the owners of the premises in the residential house. If, however, the changes affect only the owners of other premises, adjacent to the apartment, it is necessary to obtain the consent from such owners, in other words, from the immediate neighbors.
To distinguish between the terms "remodeling", "re-equipping”, "alterations to the original design solutions", "renovation", let us refer to the definitions of these terms given in the laws.
According to Item 2 of Article 1 of the Regulations on Execution and Issuance of Primary Data for the Design, and on Issuance of Permits for the Construction of New or Modification of Existing Facilities (Buildings, Structures, their Infrastructure and Communications) (further the Regulations):
- Alterations to the original design solutions means the alterations that affect the load carrying structures and (or) external walling (including foundation, frame, columns, pillars, beams, girders, trusses, exterior walls, interior load-bearing walls, floors, staircases and marches, lift shafts and so on) of the existing facilities, or change in their original design solutions.
- Re-equipment means alterations to the premise(s), usually associated with an alteration in its (their) functionality, full or partial replacement of the internal engineering systems, necessary to support its operation, production of some products or services, etc;
- Remodeling means alterations to the layout of premise(s), associated with a change in the boundaries of the premise(s);
- Renovation means alteration of the individual rooms, other parts of the building or the building itself, associated with the need to remodel and modernize the altered facility.
To change the status of an apartment from residential to non-residential, the owner shall refer to the Administration of the State Architectural and Construction Control of Almaty (hereinafter GASK) with an application of the established form and the documents according to the list approved by GASK.
According to Item 23-10 of Article 20 of the Law "On Architectural, Urban Planning and Construction Activities", the scope of competence of the authorized state body for architecture, urban planning and construction includes the adoption of the rules for execution and issuance of primary data for the design, as well as the issuance of permits for the construction of new or modification of existing facilities (buildings, structures, their Infrastructure and communications).
According to Item 5 of Article 2 of the Regulations, on the written request of the applicant, in the form according to the Order #121 of the Minister of National Economy of the Republic of Kazakhstan dated February 24, 2015 "On Approval of the Templates of Findings about the Quality of Construction and Installation Works, the Compliance of Works Performed with the Project, the Declaration of Conformity, the Certificate of Acceptance of the Facility into Operation", registered with the state register of statutory legal acts with number 10529, the structural subdivision of the relevant local executive bodies engaged in architecture and urban planning, the relevant decision is made as to:
1) The provision to the applicant of the relevant right to the land;
2) The renovation (remodeling, re-equipment) of premises (or their parts) in existing buildings.
The applicant shall attach to the application the following documents:
1) Copies of the documents certifying the applicant's right of ownership to the altered facility, with producing all the original documents so that the state body considering the case could verify the authenticity of such copies, or the notarized copies of such documents;
2) Written consent of the owner(s) of the facility to the proposed alteration and its features;
3) Notarized written consent from the owners of other premises (parts of the residential house), adjacent to the altered premises (parts of the residential house), if the planned renovations (remodeling, re-equipping) of the premises (parts of the residential house) or the shift of the boundaries of the premises affect them;
4) Notarized written consent from the owners of the other premises (parts of the residential house), adjacent to the altered premises (parts of the residential house), living upstairs and downstairs, if the planned renovation (remodeling, re-equipping) of the premises (parts of the residential house) or the shift of the boundaries of the premises worsen the sanitary conditions for the people living there, being a source of harmful effects on the environment and human health;
5) A copy of the applicant's technical passport for the altered premise (the original document shall be provided for verification)
6) Sketches (draft sketches) with the planned alterations.
After receiving the decision of the local executive body about the renovation (remodeling, re-equipment) of the premises (parts of them) of the existing buildings, the owner shall file an application of the established form for obtaining the architectural and planning assignment and technical requirements (specified). The application shall be accompanied by the following documents:
1) Copy of the local executive body’s decision for granting of the relevant right to the land or renovation (remodeling, re-equipment) of the premises (their parts) in the existing buildings;
2) Approved assignment for design;
3) Sketches (draft sketch);
4) Technical requirements (preliminary).
After completion of the renovation (remodeling, re-equipment) of the premises (their parts) which requires an alteration to the load carrying structures and/or the building envelope, or the engineering systems, or the equipment, the acceptance commission shall accept the facility into operation. (Article 76, Item 2, Sub-item 2.2 of the Law "On Architectural, Urban Planning and Construction Activities").
If renovation has been carried out by means of remodeling of the premises (their parts) in the existing buildings, and this work has not been related to the alterations to the load carrying structures and/or the building envelope, the owner in the availability of a respective decision from the structural subdivisions of the relevant local executive bodies engaged in architecture and urban planning, has the right to accept the facility into operation on its own.
The statutory legal acts referred to:
- Law # 94-I of the Republic of Kazakhstan “On Housing Relations” of April 16, 1997;
- Law # 242-II of the Republic of Kazakhstan "On Architectural, Urban Planning and Construction Activities" of July 6, 2001;
- Regulations on Execution and Issuance of Primary Data for the Design, and on Issuance of Permits for the Construction of New or Modification of Existing Facilities (Buildings, Structures, their Infrastructure and Communications), approved by Order # 293 of the Minister of National Economy of the Republic of Kazakhstan of March 31, 2015.
Prepared by:
Andrey Artyushenko, the Managing Partner
Viktoria Chagai, Junior Lawyer,
Published in the magazine “Individual Entrepreneur of Kazakhstan”, Issue #10(35) 2015
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