Construction Law in the Kyrgyz Republic: 5 Frequently Asked Questions

1. Are construction licenses and building permits required to build infrastructure in the Kyrgyz Republic?

Yes. Construction activities in the Kyrgyz Republic are subject to numerous regulatory restrictions. Kyrgyz law mandates construction licenses, building permits and other similar documents for most construction operations in the Kyrgyz Republic. Kyrgyz law distinguishes between “construction licenses” which refers to the licensing schemes granted to contractors and “building permits” which permit the actual carrying out of construction.

The issuance of both construction licenses and building permits is dependent on what kind of establishment or facility is being constructed. A group or individual wishing to obtain the necessary documents related to undertaking specific construction work should therefore check with state agencies or consult with a lawyer to determine which documents are required.

2. What are some of the main differences between a construction license and a building permit and who is responsible for issuing them?

Construction licenses are issued by the State Agency for Architecture, Construction and Housing and Public Utility Sector under the Government of the Kyrgyz Republic (the “Licensing Authority”). Construction licenses are issued to contractors to ensure that they meet all regulatory and safety requirements.

Kyrgyz law mandates that foreign legal entities be given the same treatment as local legal entities with regards to the issuing of licenses. In practice however, foreign legal entities are not usually issued construction licenses unless they have established locally registered subsidiaries to act as the holder of the construction license and other required permits.

The construction license has no territorial limitations and is valid for use nationally. It is issued indefinitely and does not have an expiration date.

Building permits are issued by territorial architectural and construction supervisory body depending on the location of a building to be constructed. Building permits are only issued to the person or entity having legal ownership or usage rights to the land which will be used for the project.

The building permit is issued for the anticipated duration of construction and can be renewed if necessary.

3. What is required in order to apply for a construction license?

As mentioned above, to obtain a construction license, a foreign legal entity should establish a local subsidiary in the Kyrgyz Republic. The local company wishing to obtain a license will then be required to submit to the Licensing Authority a list of documents provided by law.

Some of the documents which will be required include: the completed application (standard form for issuance of the construction license), an individual tax number and proof of insurance contributions by the subsidiary, proof of payment of the processing fee for the construction license, a copy of the certificate of state registration of the subsidiary with the Ministry of Justice, a list of construction projects applied for by the subsidiary or local enterprise as well as substantial documents related to the subsidiaries business structure and competencies, including the competencies of staff and the safety of equipment.

The construction license implies several levels of responsibility. Depending on the type of construction works and the degree of complexity involved, the level of responsibility is established in accordance with the Rules for Appointing the Level of Responsibility at the time of licensing.

4. What is required in order to obtain a building permit?

The procedure for obtaining a building permit is as follows:

- receipt of architecture and planning terms in territorial architecture and construction subdivision;
- development and approval of design documentation by the territorial architecture and construction subdivision;
- expert examination of the design of a building in the territorial subdivisions of the Licensing Authority ;
- obtaining a building permit from territorial architectural and construction supervisory body.

5. How much does it cost to obtain construction licenses and building permits and how long do the respective processes take?

The official fee for the issuance of a construction license is 300 Kyrgyz Soms (approximately $6,26 ) for each license . The construction license is normally issued within 30 calendar days after submission of all necessary documents to the Licensing Authority.

The building permit is issued free of charge within 10 business days from the date of submitting all necessary documents.
The fee for architectural and planning terms and approval of design documentation by the territorial architecture and construction subdivision varies depending on type of a building, area and etc.

As of March 2013