The first results of the preparation of the Town planning Code were presented to the construction business representatives

The first results of the study aimed at identifying the feasibility of the Town planning Code were discussed at a meeting of the Construction and Housing Committee of the Presidium of the NCE "Atameken". This research is being conducted by Atameken in cooperation with the Ministry of Investment and Development of Kazakhstan, industry associations and profile experts.

"There are several laws regulating the industry in Kazakhstan, but at the same time contradicting each other. The Prepared Town planning Code should show a clear picture and get the accumulated issues under control," - Chairman of the Construction and Housing Committee of the Presidium of the NCE "Atameken" Alexander Belovich explained.

In turn, Deputy Chairman of the Board of the NCE "Atameken" Yeldos Ramazanov added that this issue has been raised since 2015, a number of discussions with the leadership of the MID RK were held and, as a result, a decision to conduct a comprehensive analysis was taken.

"To solve the issue, clear proposals are needed, everything had been discussed. I ask no member of the Committee to stand aloof, the coverage of the issue must be comprehensive," - Yeldos Ramazanov said.

РThe results of the analysis on the first stage of the creation of the Town-planning Code were presented by representatives of the Association of Developers. They carried out a comparative legal analysis of national and international legislation, law enforcement and judicial practices in the field of architecture, urban planning and construction, collisions, gaps and contradictions in sectoral legislation were identified.

Committee member Melik Alpysbayev recommended focusing on the life cycle of the facility, from pre-investment to post-investment periods.

"It is known that the specific features of architecture and town planning are the control and supervisory functions and engineering types of work that are absent in the analysis. Those are project management, technical supervision, architectural supervision, building-structure inspection. Project management is precisely the service that will attract the customer, the builder, will prepare for the construction and will manage the entire life cycle of the construction," - he added.

"Town planning Code is very significant for us, we have matured for it. In our opinion, it is necessary to strengthen the analysis in terms of international experience," - Serik Alibayev, president of the "Chamber of Expert Organizations" SRO commented on the analysis presented.

The participants received more detailed explanations from the Institute of Legislation.

"We are now studying all the by-laws and technical documents in detail and indeed, we have many gaps. Often the norm is spelled out and logically structured, but in practice it is understood quite differently, or this rule is generally not used. It is also possible that the norm is contained in an order or a normative and technical document, and because of the acts of the subordinate level, the regulation of relations becomes more complicated. With the code it will be different. The fact is that the statistics code is less likely to change than the same order. And when the main normative content is in the bylaw, it carries its risks. If it will be shown that during the systematization of all the material, not only the assimilation of all the NRAs that could be put into the code was produced, but also the approach to the sphere of the industry itself was methodologically changed, the legal regulation mechanism was changed, then it can be said that there was not only consolidation, but also codification," - the representative of the Institute of Legislation explained.

Her explanations were supported by the members of the Committee. Director of the Department for the Development of the Construction Industry and Housing and Communal Services Darkhan Sakanov emphasized that the content of the study should be based on these explanations, which will become a truly evidential base of a change in the type of law on architecture, which is now a consolidated law on the code. He also pointed out that there is no need for extensive research, there is a need for conciseness: clear reasons, rationale in the expediency of entering the code, noting that the analysis is not structured enough and conclusions are needed for each direction.

"In spite of the fact that there are two more stages of research ahead, it is now possible to say with confidence that the industry needs appropriate reform," - Alexander Belovich stressed.

Discussion on the results of the second stage of the study, which will reflect the conclusions and recommendations, is scheduled for November this year.

"The new document should systematize normative legal acts and improve legislation in the sphere of state regulation of construction activities, eliminate all current gaps and contradictions in this area. The business has long raised the issue of systematization and codification of construction legislation, and "Atameken", as the organization consolidating business interests, addressed the authorities. During the analysis it is necessary to take into account all aspects and certainly structure it. It is necessary to allocate an expert from each association and give conclusions on each norm," - Yeldos Ramazanov concluded.