THE TOWN-PLANNING CODE: TO BE OR NOT TO BE?
"Atameken" was presented with the results of the second phase of the study on the prediction of the consequences of the adoption of the Town Planning Code.
The presentation was held at a meeting of the Committee for Construction and Housing and Public Utilities of the Presidium of the NCE, chaired by Alexander Belovich and Deputy Chairman of the Board of the National Chamber Yeldos Ramazanov, with the participation of representatives of the Ministry for Investment and Development of the Republic of Kazakhstan.
The forecast of positive and negative consequences of the adoption of the Town Planning Code has caused active discussion of the meeting participants. The majority agreed that the codification of sectoral legislation will have a positive effect on the further development of the construction industry.
At the same time, it was noted that without a clear understanding of the main tasks for the solution of which the Code will be directed, as well as methods for their implementation, the government and business risk getting new problems.
“As representatives of business and participants in the construction process, we all understand that the Town Planning Code is needed. However, we must justify this to the Government, provide clear, concrete arguments. Criticizing the problems in legislation, we must offer effective ways to solve them,” - Alexander Belovich, Chairman of the Construction and Housing and Public Utilities Committee, said.
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As the representative of the developers of the research Gulnara Kysykova emphasized, one of the main goals of the codification of legislation is to ensure its stability.
Yeldos Ramazanov, Deputy Chairman of the Management Board of the NCE, supported this idea, drawing the participants' attention to the fact that since the adoption of the sectoral law, it has been amended more than 50 times.
“The current law does not allow the industry to develop fully, does not allow businesses to conduct an equal dialogue with government agencies. This is primarily due to the instability of the law. Since 2015, Atameken has raised this issue. Business needs a stable, reliable and understandable document, which will be the Town Planning Code,” - Yeldos Ramazanov said.
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The business expects the Town Planning Code to provide the industry with new legal tools based on the world's best practices and increase the efficiency of administrative procedures. It will allow to optimize and eliminate a number of unjustified and ineffective permits and approvals from the state, as well as give impetus to the development of self-regulation in the field of construction.
“When developing the Town Planning Code, the functions of state bodies should be radically revised, the stability of the legislation and the credibility of the industry should be enhanced,” - Mikhail Borisov, executive director of the Kazakhstan Developers Association, said.
According to the developers, today the legislation is built on the principle of “guilt”, when a state body goes to check and purposefully searches for facts of violations. Therefore, one of the basic principles of the Code should be the principle of “presumption of good faith”. All participants in the construction process should be considered in good faith to comply with the requirements of the legislation, until their guilt is proven by authorized bodies.
Representatives of the Ministry of Investment and Development of Kazakhstan noted that the third and most crucial stage of the research is ahead, within which developers should provide a clear vision and content of the concept of the proposed Code. They expressed readiness to provide the necessary assistance in the process of preparing and discussing the draft Concept.
Following the meeting, Yeldos Ramazanov urged representatives of all industry associations to actively engage in the development of the Code concept. "Atameken", for its part, is ready to provide a direct dialogue with all stakeholders in the process.
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