Category I — all responsibility levels

Permits construction of facilities of all responsibility levels — any building type regardless of complexity or safety classification. Category I is required for high-complexity commercial and infrastructure projects. Foreign companies generally seek a Category I licence to maximise their scope of work. Requirements: certified engineering and technical personnel; adequate production facilities; sufficient material and technical resources; prior construction experience; completion of at least 10 construction projects at first or second responsibility level.

Category II — second and third responsibility levels

Allows construction of second and third responsibility level facilities, as well as first-level projects under subcontract. A Category II holder can participate in Category I projects only as a subcontractor — it cannot act as general contractor on Category I works. This is a critical limitation: if a company with a Category II licence wins a tender requiring Category I, it cannot transfer that responsibility to a subcontractor even if the subcontractor holds Category I.

Category III — low complexity

Permits work on second-level technically simple facilities and third-level projects, as well as first and second-level projects under subcontract only. Category III is suitable for smaller residential and commercial construction projects and subcontract roles on larger projects.

Subcontracting limits

Kazakhstan law limits the amount of construction work that can be subcontracted. No more than two-thirds of the total project value may be transferred to subcontractors. The general contractor must retain at least one-third of the project scope. Bond Stone advises on structuring subcontracting arrangements within this limit.

Mutual recognition agreements

Kazakhstan has concluded mutual recognition agreements with a number of foreign states, allowing foreign companies to obtain a Kazakhstan construction licence based on their home country licence subject to qualification verification. Agreements include: Agreement on Mutual Recognition of Construction Licences issued by CIS Member States (Moscow, 27 March 1997); Agreement between Kazakhstan and Russia on Mutual Recognition of State Construction Licences (Moscow, 1 August 1995); Agreement between Kazakhstan and Kyrgyzstan on Mutual Recognition of State Construction Licences (Almaty, 19 May 1995); Agreement on Cooperation in Construction Activities (Moscow, 9 September 1994).

Branch vs. subsidiary — which structure to use

Foreign construction companies entering Kazakhstan face a key structural decision. Operating without a local entity is technically permitted under Kazakhstan law, but creates practical difficulties with taxation, customs, machinery certification, and employment. A branch is not a separate legal entity — the parent company’s experience can be used for licence applications, but the licence must be obtained by the parent, not the branch. A subsidiary (LLP) is a separate Kazakhstani legal entity that must establish its own qualification base. Some foreign companies purchase an existing Kazakhstani company that already holds a construction licence. Bond Stone advises on the optimal entry structure for each client’s specific project and risk profile.

Architectural design and engineering survey licences

Separate licences are required for architectural design and engineering survey activities — both administered by the Committee for Construction. Architectural design licences require licensed architects with state attestation. Engineering survey licences require certified surveyors and appropriate technical equipment certification. Bond Stone advises foreign design and engineering firms on obtaining the relevant licences for Kazakhstan project-specific work, including licence conversion from international qualifications.

Category I Licence — Foreign Contractor

Licensing · Kazakhstan · Construction

Obtaining a Category I construction activity licence for a major international construction contractor — personnel certification, equipment documentation, completed project portfolio compilation, and Committee for Construction regulatory engagement throughout the application process.

EPC Contractor — Licence Strategy

Licensing · Kazakhstan · EPC

Advising a Chinese EPC contractor on construction licensing options — choice between obtaining a Kazakhstan construction licence directly, using a CIS mutual recognition agreement, or structuring works through a licensed Kazakhstani subcontractor within the two-thirds subcontracting limit.

Design Licence — Architectural Firm

Licensing · Kazakhstan · Architecture

Obtaining an architectural design activity licence for a foreign design firm — architect qualification recognition, state attestation process, and design licence application management with the Committee for Construction.