The national chamber of entrepreneurs of the Republic Kazakhstan "Atameken"
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"Atameken" and the capital akimat agreed

28 December 2017
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The technical conditions of the monopolists have been revised, the issuance of design orders has been terminated

Since the beginning of 2017, NCE RK "Atameken" voiced the problem of reflection such conditions that unreasonably increase the costs of business in the technical conditions of monopolists of the capital. For example, the exact characteristics of the shut-off valves were so concretized that only one producer complied with them.

All November month of the current year, the construction department of the National Chamber at the meetings of the first deputy akim of Astana with the participation of all the monopolists of the capital analyzed the technical conditions of JSC "Astana-Teplotranzit", "Astana Su Arnasy", Astana REC.

As a result, the technical conditions in the sphere of water supply are approved in a new edition and significantly simplified for business (attached).

It turned out that JSC "Astana-Teplotranzit" is guided by the provisions of the Standard Instruction for the technical operation of transport and distribution systems for heat energy (heating networks) approved by the Agency of the Republic of Kazakhstan for Construction and Housing Affairs on February 10, 2012 No. 4, which contains a standard form of specifications.

 "Atameken" opposed the approval by JSC "Astana-Teplotranzit" of other sections of a PDD, for example, the requirements for the establishment of certain types of heating appliances, which relates exclusively to the design of internal heating systems and should be outside the monopoly's area of authority.

But these actions, according to JSC Astana-Teplotranzit, are carried out by it on the basis of paragraph 17 of the Rules for the use of thermal energy approved by the order of the Minister of Energy of the Republic of Kazakhstan dated by December 18, 2014 No. 211, where it is indicated that the consumer sends to the energy supplier (energy producing) organization projects of both external heat networks and internal heating system.

"Representative of RSE "Gosexpertiza" notes that, on its part, they do not require separate coordination of internal systems by monopolists and openly says that technical conditions contain in most cases knowingly "enslaving" conditions for the developer, designer, which ultimately falls on the shoulders of consumers and purchasers square meters", - explained the director of the construction department Aspen Dosmaganov.

 “Atameken" stated that it is necessary to exclude all provisions for the coordination of design solutions of internal systems from the content of the technical conditions. For JSC "Astana-Teplotranzit" sufficient will be a "schematic diagram" of internal systems.

This issue, according to the monopolist, needs to be resolved at the level of the sectoral ministry by amending the by-laws, as the National Chamber has written to the Ministry of National Economy of the Republic of Kazakhstan (attached).

Astana REC will also bring its form of technical conditions in accordance with the legislation in terms of their validity term, the validity period will be tied to the normative terms of design and construction.

Another issue that worried the developers of Astana.

Astana – is the only region where until recently there was a practice of issuing two types of resolutions: on the design of the facility and on its construction.

"The akimat argued the existing practice with the special status of Astana as a capital and the need to ensure the development of land, as there were cases when land plots granted for construction were subsequently not built up and for many years remained undeveloped. In this regard, the akimat issued land for construction only after the entrepreneur completed the design of the construction project", - Aspena Dosmaganova stressed.

At the same time, in most cases, the permission to design a construction site was issued for land plots, the rights to which belonged to third parties, with whom the developer had to independently negotiate the redemption of these rights.

From her words, this procedure sometimes had negative consequences for the developer, since in addition to the need to obtain an undocumented document not provided for by legislation, he was charged with the risks for the development costs of the project, in the event that it was not possible to negotiate with land owners.

Despite the adoption in November 2015 of the Rules of the organization of construction and the passage of licensing procedures in the field of construction, which establish an exhaustive list of permits, the practice of issuing a resolution by the Akimat of Astana on design did not stop. Moreover, there were facts of issuing a separate decree by the Akimat to complete the design.

In this regard, NCE appealed to the capital's akimat for official explanations (attached) of the current practice of passing the above-mentioned licensing procedures.

According to the akimat, the practice of issuing regulations for design has been completely discontinued.

At the same time, the land commission of Astana extends the terms of lease of land plots previously granted for design purposes.

In accordance with the approved Rules, the development of construction projects today is carried out exclusively on land plots owned by business entities on the right of private ownership or lease, with the issuance of appropriate initial data (APZ, technical conditions, etc.).

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