Construction Permission

File application of intention and obtain city planning regulation of architectural planning conditions (AПЗ) from the unit of State Department for Architecture and Construction Supervision

Agency: State Department for Architecture and Construction Supervision of Bishkek City

In accordance with the Regulation “On Order for Issuing Permits for Project Designs, Construction and Real Estate Modification and Order for Commissioning Completed Building the Kyrgyz Republic” approved by Government of KR on May 30, 2008, by Resolution # 252, the issuance of Architectural Planning Conditions (APU) shall be conducted according to One-Stop-Shop principle. The list of documents required for issuance of APU was reduced. In particular, a business is only expected to complete an established application form which contains information on the type of upcoming construction and submit it along with the following documents: copy of the land title that verifies that a land plot was purchased or leased, letter of attorney, and invoice on advanced payment (advance payment is required while obtaining an APU, the remainder is paid after a business receives the APU).

A territorial architecture and construction body, within 3 business days, performs the check for compliance of an application form with requirements set by urban planning documentation. In case of non-compliance, the territorial architecture and construction body issues a Report on Non-compliance of Construction and returns the application without approval. In each case the body is obliged to indicate the established types of permitted land use pursuant to the urban planning documentation.

In case the territorial architecture and construction body approves the application, it submits the application for further approval to the sanitary and epidemiology body, fire authority, and environmental authority. After that, the application is forwarded to the utilities companies by the main coordinating agency – State Construction Department – for obtaining technical terms to install utility systems using One-Stop-Shop principle without participation of the applicant.

As of February 12, 2009, Government Resolution #121 introduced amendments to the Regulation “On Order for Issuing Permits for Project Designs, Construction and Real Estate Modification and Order for Commissioning Completed Building the Kyrgyz Republic” approved by Government of KR on May 30, 2008, by Resolution #252. There are now only two technical conditions that must be obtained in a compulsory manner — water/ sewage and electricity. The remaining communications can be obtained on a voluntary basis by applicants and are not linked to obtaining the architectural planning conditions. Meanwhile, if the applicant suggests alternative solutions to connecting to engineering facilities, then requests for technical conditions are not filed at all. Based on the functional purpose of the building, approvals from sanitary and fire authorities are applied using a risk-based system. Simple objects would not require approvals from these authorities.

Additionally, requirements for documents to be submitted along with the application have been clarified. These administrative simplifications made the process of issuance of architectural planning conditions faster and possible to comply within the time-limit of 20 working days (28 calendar days).

Despite reforms in disclosing the information on fee schedules, the process of cost calculation for this procedure remains nontransparent.

The payment can be made at the counter of State Architecture Department of Bishkek City. Then the shares of each respective utility provider are transferred without BuildCo visiting each separately.

APU is executed in two copies – one is issued to the applicant and the other is filed with the architecture and construction body.

Time and cost: 28 days, KGS 18,500

Request and obtain topographic and geological survey conclusions of land from Kyrgyz GIIZ

Agency: Kyrgyz GIIZ

Although there are several licensed companies that provide these services, Kyrgyz GIIZ has the biggest database of maps that date back the longest and is the only licensed institution in the country with the proper equipment and capacity. Engineering–geological studies have not been done since the collapse of the Soviet Union, therefore, any new land developed would require BuildCo to request the full study. However, there are certain parts of the city that can be considered to have the proper geological study. In that case BuildCo would have to request a certificate on geological survey, assuming that the actual geological survey which is very costly (up to USD 3,000.00) or the survey of adjacent plot has been done. The cost for this certificate can be anywhere between KGS 5.00 to KGS 10,000.00.

Time and cost: 14 days, KGS 7,500

Request approval of project, expertise of project documents and obtain building permit

Agency: State Expertise Authority / State Department for Architecture and Construction Supervision

This procedure consists of three stages: approval of project documents, expertise of documents and issuance of building permit. All three stages are done under the one-stop shop principle. A single application is filed by the applicant to obtain all these approvals.

The approval of project documents consists of two stages: initial review of drawings and plans and other relevant chapters of the projects is done by the territorial branch of State Architecture Department. BuildCo submits at this stage its application along with the following documents:

  • Project documents (drawings, plans); private projects are not required to submit any financial segment of the project (abolished by the Resolution #252)
  • Engineer-geological study (for expertise)
  • Copies of letters authorizing persons responsible for construction works: technical supervision, author supervision; and for contractor (for construction permit)
  • Copies of licenses for construction works (for construction permit)

BuildCo must obtain an approval from the respective Institute of State Agency of Architecture and Construction and other licensed agencies which have the right to provide an engineering assessment of objects no lower than two stories, stating the possibility of reconstructing, re-profiling or re-planning of objects (for construction permit). Any other documents are considered illegal.

The authority must issue its approval within 10 working days.

Following that it will send two copies of all documents for review by the State Expertise Authority. According to Resolution #252 (30.05.2008), and Government Resolution #75 as of February 4, 2009, the expertise can be conducted by private companies, but until now there has not been a single license issued for expertise works.

The nature of the expert assessment has been changed as well. In the past, the expert assessment was focused on the cost estimate of the project, which is prohibited by the above-mentioned regulation.

The expert assessment of the project design documents is conducted by the State Expertise Authority and its territorial bodies or privately licensed companies to check the following aspects:

  • Compliance of the object with requirements set by the architectural planning conditions, project design terms and city planning documentation
  • Justification of space-planning and construction decisions, construction materials and equipment, solidity and durability of the bearing structure of buildings
  • Checking the results of the geotechnical survey

Based on the results of the conducted expert assessment, the State Expertise Authority prepares a report on compliance of the project design documents with normative requirements. In case of any irregularities, the State Expertise Authority prepares another report on bringing the project design documentation in compliance which identifies the irregularities or a report on refusal of approving the project design.

Under current legislation there are categories of objects that do not require state expert assessment. There are notions of mandatory and voluntary expert assessment and possibility for expert assessment of project documentation by private experts or organizations. BuildCo’s case would qualify for the expert assessment.

No later than one day following the approval date, which is 20 working days for projects higher than 1000 sq. m., the report with the positive expert assessment is submitted to State Architecture and Construction Supervision for issuing a construction permit.

The State Architecture and Construction Supervision has to issue the building permit within 10 working days. Otherwise, the silence-is-consent principle applies. However, in practice the State Architecture and Construction Supervision does not accept silence as consent rule. Amendments regarding construction supervision process were made to Law “On Changes to Law of the Kyrgyz Republic” #101 as of March 30, 2009, “On City Construction and Architecture of the Kyrgyz Republic” Article 40, and Government Resolution #95 “On approving the Order on Classification of Construction Object Characteristics and Order of Conducting State Architecture-Construction Supervision, Reconstruction and Other Real Estate Objects in the Kyrgyz Republic.” According to these reforms the building supervision process is now based on a risk-based approach. Compulsory state control over the building process is applied for buildings that fall into high-risk category. Low-risk categories (i.e., buildings less than 1,350 sq. m.) are now subject to author and technical supervision and do not require state supervision. Thus, it removes the need for signing a special contract with State Architecture and Construction Supervision and paying the respective fees. Both author and technical supervision can be done by BuildCo staff.

Time and cost: 56 days, KGS 25,000

Register the project at GETI before starting construction works

Agency: State Ecological and Technical Safety Inspection (GETI)

BuildCo must register the building at GETI before starting the construction process. With the registration application, copies of technical conditions and approvals should be submitted. Upon registration, a technical supervisor is assigned from the public agency is assigned to conduct phased inspections.

Time and cost: 9 days, no charge

Request and obtain authorization to conduct earthwork in the road section

Agency: City Road Department of Municipality of Bishkek

According to Decision of Bishkek City Council as of February 4, 2009 which eliminated Resolution of Bishkek City Council #194 as of 9 June 2003, applicants now need to obtain only a warrant (naryad) for conducting works in public road area. The previous requirement has been eliminated under the general administrative simplification process. The authority responsible for issuing this document is now the City Road Department under Municipality of Bishkek, formed in August 2008, and replaced the Authority of District Administrations. Under the new provision there is no fee related to this procedure.

Time and cost: 11 days, no charge

Request and obtain equipment operating authorization

Agency: State Inspection for Supervision of Industry Safety and Mountain Supervision under the Ministry of Natural Resources of Kyrgyz Republic

Under the existing regulation, this authorization is required to allow the use of cranes, excavators and elevators. Five days before using the equipment, BuildCo will file a request, followed by a visit by the inspector from the Inspection by Gostechnadzor. The inspector, having reviewed the equipment to be used, stamps and signs the technical passport of the new projects.

Regulatory simplification reform process also eliminated duplicating legislation concerning the fees for equipment operation authorization. This eliminated the grounds for officers by the State Technical Supervision to levy fees.

Time and cost: 15 days, no charge

Receive an inspection after foundation works

Agency: State Ecological and Technical Safety Inspection (GETI)

Once the construction company obtains a permit and the building is registered, GETI prepares the plan of inspections needed during construction and assigns a supervisor. All types of inspections are carried out in practice, including phased and random. Inspections related to compliance of the building with the plans and building regulations are conducted at different stages of the construction process.

Time and cost: 1 day, no charge

Receive a laboratory examination of construction materials

Agency: State Ecological and Technical Safety Inspection (GETI)

This inspection is conducted to check the quality of the concrete, fittings, and welding. The representatives of GETI take the samples of construction materials to the laboratory. At the end of the examination, they give an approval of the laboratory examination.

Time and cost: 6 days, KGS 12,500

Receive an inspection after finishing the first floor

Agency: State Ecological and Technical Safety Inspection (GETI)

Once the construction company obtains a permit and the building is registered, GETI prepares the plan of inspections needed during construction and assigns a supervisor. All types of inspections are carried out in practice, including phased and random. Inspections related to compliance of the building with the plans and building regulations are conducted at different stages of the construction process.

Time and cost: 1 day, no charge

Receive a random inspection

Agency: State Ecological and Technical Safety Inspection (GETI)

In addition to phased inspections by GETI, BuildCo may receive a random unscheduled inspection at any point during construction.

Time and cost: 1 day, no charge

Receive an inspection after finishing the second floor

Agency: State Ecological and Technical Safety Inspection (GETI)

Once the construction company obtains a permit and the building is registered, GETI prepares the plan of inspections needed during construction and assigns a supervisor. All types of inspections are carried out in practice, including phased and random. Inspections related to compliance of the building with the plans and building regulations are conducted at different stages of the construction process.

Time and cost: 1 day, no charge

Receive connection to water and sewage services

Agency: Bishkekvodokanal

Connection can be done without prior inspection if the location has existing utility infrastructure. According to the tariff approved by the City Council of Bishkek (Decree of 30.04.2009. № 68), water connection costs 2,074.4 soms per cubic meter and sewerage connection costs 2,178.1 soms per cubic meter, plus 12% VAT and 2% sales tax.

The website with tariffs is: http://www.water.elcat.kg/page3.html

Time and cost: 10 days, KGS 4,253

Request act of acceptance of object for use

Agency: State Inspection on Environmental and Technical Safety

Within 10 days after completion of construction, BuildCo files a request to the State Inspection on Environmental and Technical Safety of Act of Acceptance of Object for Use. This approval must be issued within 10 working days. If the Act is not issued within the established time limit, the silence-is-consent rule applies. The Act must be signed by the applicant, author of project, general contractor, and a representative of State Architecture and Construction Supervision’s regional branch who performed the technical supervision during construction.

Government Resolution #121 as of February 12, 2009 removed the requirement for participation of fire and sanitary authorities in the final inspection.

Time and cost: 1 day, no charge

Receive inspection and obtain the act of acceptance of object for use

Agency: State Inspection on Environmental and Technical Safety

The inspection may take place depending on the case. Sometimes if the supervising technical inspector provides sound feedback to the regional head office, the inspection may not be required. However, a separate visit is paid to obtain the actual copy of the Act. The Act is a legal document that allows the immediate use of the building.

Time and cost: 13 days, no charge

Receive inspection from the State Registration Service for the technical inventory of the building

Agency: State Registration Service

After obtaining the act of Acceptance, BuildCo has to obtain the technical passport. State Registration Service conducts an inspection of the completed building in order to issue the technical inventory of the building (technical passport).

Time and cost: 1 day, no charge

Obtain a technical inventory of the building

Agency: State Registration Service

Before registering the building with the real property registry, BuildCo must obtain a “technical passport.” This describes the structure of building, units, dimensions, building layout, and the like. The technical inventory costs KGS 2,600.00 if obtained in 10 days, and KGS 5,100.00 if obtained in 4 working days.

Time and cost: 6 days, KGS 5,100

Register the building with the real estate registry

Agency: State Registration Service

Registration of buildings is a mandatory procedure. BuildCo must provide the following documents to the State Registration Service:

  • Application
  • Documents confirming the ownership title (the plot plan, the local plan, and the “technical passport”* of the warehouse)
  • Receipt of payment for registration
  • State certificate on land ownership
  • Occupancy permit
  • Power of attorney

After examining the submitted documents, a registrar issues a report for registration of the building, makes a log entry, and issues a registration card, a copy of which is provided to BuildCo.

The registration costs KGS 832,79 according to the official fee schedule published on the website of the State Registration Service: http://grs.gov.kg/ru/subord/dkrpni/dkrpni_price/

Time and cost: 7 days, KGS 833