Due to the beginning of the summer season, many citizens are thinking about installing air conditioners. We remind you that the installation of outdoor units of air conditioners, especially on the facades of apartment buildings, is regulated by regulatory legal acts, and violation of established rules may entail administrative liability.

Legal requirements

According to clause 4.3 of the Joint Venture of the Republic of Kazakhstan 4.02-101-2012 "Heating, ventilation and air conditioning", the corresponding systems are installed according to the approved design documentation, in accordance with the architectural and planning task and building regulations. In apartment buildings under construction, the placement of outdoor units of air conditioners should be provided by the project. Developers are required to equip niches, baskets or decorative boxes. When issuing an architectural planning assignment, the State Institution "Department of Architecture and Urban Planning of the Akimat of Kostanay" specifies these requirements, taking into account the architectural design of the facades.

Secondary housing stock

For already built facilities, owners need to take into account the provisions of the Rules for Landscaping the territories of Kostanay region (Maslikhat decision No. 130 dated 03/15/2017), the Standard for Integrated Urban Development (KDSIZHKH RK order No. 134-NK dated 30.06.2022), as well as possible internal rules of the AXIS/PKSK/management company. At the same time, the facade of an apartment building is a common property, and its modification requires approval from the majority of owners.

The maintenance of building facades stipulates that building facades must be maintained in good condition, including their architectural appearance. The installation of air conditioners should not violate the aesthetics of the facade or damage the structural elements of the building. If the air conditioner is mounted on the facade, this must be agreed with the owners of the building and comply with technical standards.

According to the Rules for landscaping the territories of cities and settlements of Kostanay region, approved by the decision of Maslikhat of Kostanay region dated March 15, 2017 No. 130, the owners of buildings and structures ensure their proper maintenance and operation, including timely repair and painting of buildings, structures, and their facades. The elements of the facades of buildings to be maintained also include hinged metal structures (including flag holders, anchors, fire escapes, ventilation equipment).

Coordination with government agencies may be required, especially if the building is an architectural monument.

The prohibition on unauthorized alterations (Chapter 3, Paragraph 40) prohibits unauthorized alterations or alterations of building elements without appropriate permits. Installing an air conditioner without approval can cause damage to property (for example, leaks due to improper installation), which will lead to: an order for dismantling, a fine under the Administrative Code of the Republic of Kazakhstan, compensation for damage caused.

Administrative responsibility

According to Article 505 of the Code of Administrative Offences of the Republic of Kazakhstan, violation of the rules of landscaping, including unauthorized installation of equipment on facades, entails fines: for individuals — 20 MCI, for small businesses and non—profit organizations - 30 MCI, for medium—sized businesses — 40 MCI, for large businesses - up to 100 MCI. In addition to fines, an order may be issued to dismantle the equipment and restore the facade at the expense of the violator.

Recommendations

For the legal installation of an air conditioner, we recommend obtaining the consent of the house management authorities (OSI, KSK, etc.), clarifying the availability of additional requirements in local executive authorities, observing safety regulations, providing for condensate drainage and preventing deterioration of the building's appearance.

Owners of secondary housing who install an air conditioner or who already have an air conditioner installed are advised to additionally equip the outdoor unit with a decorative basket. This will bring the facade of the building to a unified aesthetic appearance and preserve its architectural integrity.

The installation of air conditioners is possible, but must meet technical and aesthetic requirements, be coordinated with the owners of the building and, if necessary, with government agencies, as well as not violate the rules of landscaping and the safety of citizens. In order to accurately comply with the rules, it is recommended to clarify the requirements in local executive bodies and study additional regulations governing the installation of climate control equipment.

Source : https://www.gov.kz/memleket/entities/kostanai-kalasy-akimat/press/news/details/1003360?lang=kk