Registration of licenses for construction and installation works

In the Republic of Kazakhstan, there are certain types of entrepreneurial activity that require a license to be carried out. According to the Law of the Republic of Kazakhstan “On Permits and Notifications”, these types of activity include: education, industry, export and import, veterinary medicine, gambling, architecture, urban planning and construction, etc. (for more details, see Article 28 of the Licensing Sphere).

In this article, we will discuss the procedure for obtaining a license for construction and installation work.

The procedure for obtaining a license for construction and installation works is regulated by:

• The Civil Code of the Republic of Kazakhstan (special part) dated July 1, 1999 No. 409-I (with amendments and additions as of 08/20/2024)
• The Law of the Republic of Kazakhstan “On Permits and Notifications” (with amendments and additions as of 08/20/2024)
• The Law of the Republic of Kazakhstan “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan” (with amendments and additions as of 09/01/2024)
• By the Order of the Acting Minister of National Economy of the Republic of Kazakhstan dated December 9, 2014 No. 1636 “On approval of qualification requirements imposed for the implementation of licensed architectural, urban planning and construction activities (with amendments and additions as of July 26, 2023)
• Order of the Minister of National Economy of the Republic of Kazakhstan dated February 28, 2015 No. 165. Registered in the Ministry of Justice of the Republic of Kazakhstan on April 9, 2015 No. 10666 “On approval of the Rules for determining the general procedure for classifying buildings and structures as technically and (or) technologically complex objects” (with amendments and additions as of January 31, 2023)

For companies that receive a license for construction and installation works for the first time, a category III license is issued. Licenses for categories II and I are issued after a period established by law and upon the presence of a certain number of completed projects.

To obtain a license for construction and installation works of category III, you must have:

1. Having at least one certified engineering and technical worker on staff

Certification of engineering and technical workers is carried out by certification centers such as: Samag Corporation, Hot Solutions, etc.
Certification is carried out in the following specialties: chief engineer, head of the production and technical department, site manager, work supervisor: for load-bearing and enclosing structures/utility networks and structures, etc. For each subtype of work you select, a specialist with a certificate in a specific specialty is required.

2. Availability of a production base on the right of ownership (economic management or operational management) and (or) lease

In case of lease of a production base, the lease agreement must be concluded for a period of at least one year and registered in accordance with the Rules of the Minister of Justice of the Republic of Kazakhstan dated May 4, 2020 No. 27 On approval of the Rules for the provision of the public service “State registration of rights (encumbrances) on real estate”. Registration is carried out in person by submitting documents to the NAO “State Corporation Government for Citizens”.

3. Availability of minimum material and technical equipment on the right of ownership (economic management or operational management) and (or) lease

Minimum technical equipment includes special equipment and machinery. The number and characteristics of machinery and equipment depend on the types of work you have chosen. For example, for drilling operations you need: a drilling rig, a drilling machine, devices for monitoring the parameters of the technological drilling mode, means for monitoring the parameters of the drilling process, mounted drilling equipment, a theodolite, a level, a theodolite.

• The state fee is 10 MCI (36,920 tenge)
• Licenses are issued at the location of the licensor and are valid throughout the territory of the Republic of Kazakhstan

To obtain a license and (or) an annex to the license, the applicant shall submit the following documents:

1. Application;
2. Certificate of state registration (re-registration) of the applicant’s legal entity – for a legal entity;
3. A copy of the identity document – for an individual;
4. A copy of the document confirming payment of the license fee for the right to engage in certain types of activities;
5. Documents confirming the applicant’s compliance with the qualification requirements in the cases and in the manner established by the legislation of the Republic of Kazakhstan.

A license and (or) an appendix to a license shall cease to be valid in the following cases:

1. Expiry of the term for which they were issued;
2. Performance of actions (operations) in full for which they were issued;
3. Deprivation (revocation) of a license and (or) an appendix to a license;
4. Termination of the activities of an individual, liquidation of a legal entity;
5. Voluntary application of the licensee to the licensor for termination of the license and (or) an appendix to a license;
6. Exclusion of a license or a separate type of activity and (or) subtype of activity or action (operation) from the appendix to the Law “On Permits and Notifications”;
7. Exclusion of the licensee from the number of persons subject to licensing;
8. In other cases provided for by the laws of the Republic of Kazakhstan.

If you want to obtain a license for construction and installation works, KORGAN Legal Company LLC will provide you with professional legal assistance and give you a full consultation on what is necessary to obtain a license.