Construction permits and approvals in Kazakhstan in the technology and software sector: what changed in 2027

Foreign companies establishing or expanding technology and software infrastructure in Kazakhstan have faced a materially revised construction permit regime since the amendments that took effect across 2027. The changes affect the sequencing of approvals, the documentation submitted to state authorities, the categories of facility subject to enhanced review, and — critically for inbound investors — the interface between construction authorisation and the separate licensing requirements that apply to technology and software operators. For a company planning a data processing facility, a regional software development centre, or a network infrastructure node in Kazakhstan, the pre-2027 approval roadmap no longer reflects current practice.

Prior to the 2027 revisions, the general construction permit process in Kazakhstan operated on a framework that treated technology facilities broadly in line with standard commercial premises. An investor planning a software development office, a modular data storage facility, or a hardware integration centre would apply for an architectural planning assignment, obtain a positive state expert examination conclusion for the design documentation, then proceed to the construction permit itself. Specialist telecoms or data infrastructure would carry additional coordination steps with the relevant sectoral regulator, but the general permit pathway was consistent with other commercial categories.

The 2027 amendments introduced several structural changes to that framework as it applies to technology and software facilities specifically. First, a new classification tier was introduced for facilities that combine physical construction with the installation of computing, networking, or data processing infrastructure above defined capacity thresholds. These facilities are now subject to a mandatory pre-design coordination stage with the competent digital infrastructure authority before the architectural planning assignment is issued. This represents a shift in the sequence: technology-classified construction projects now carry a regulatory pre-clearance requirement that does not apply to general commercial premises.

Second, the standard for the state expert examination of design documentation was revised for technology facilities. The updated requirements extend the scope of the examination to include assessments of the facility's power supply and backup systems, physical security architecture, and — for facilities processing personal data — compliance with Kazakhstan's data localisation framework. These elements were previously addressed through separate licensing or operational compliance processes; under the 2027 rules, they are embedded into the design approval stage.

Third, the timeline structure for permit issuance was modified. The prior regime operated on a single clock running from submission of a complete application. The revised framework introduces a staged clock: preliminary coordination runs on its own timeline, and the substantive permit clock begins only after preliminary coordination is resolved. In practice, this means that investors who map their project schedule using the statutory permit timetable without accounting for the preliminary stage will encounter delays that were not visible in the pre-2027 framework.

"The 2027 revisions to Kazakhstan's construction permit process for technology facilities represent a meaningful procedural shift — not merely a documentation update. The embedding of operational compliance checks into the design approval stage will require investors to front-load their regulatory preparation considerably earlier in the project timeline than was previously necessary." — Aigerim Serikbayeva, Contributing Regional Analyst — Kazakhstan · EAEU Trade, Customs and Market Entry

The practical impact of the 2027 changes falls unevenly across investor profiles, and understanding where a specific project sits in the new classification framework is the first analytical step.

Foreign technology companies establishing a Kazakhstan legal entity to operate a data centre or cloud infrastructure node are directly in scope for the new pre-design coordination requirement. If the planned facility meets the capacity thresholds that trigger the enhanced classification, the investor will need to initiate regulatory engagement before completing its architectural brief — a stage that many project managers would not have accounted for under the prior regime.

Software companies establishing a regional development office in leased premises are generally not affected by the new construction permit rules, since they are not undertaking physical construction or significant fit-out. The key determinant is whether the project involves construction, reconstruction, or major fit-out activity as defined under Kazakhstan construction legislation, and whether the resulting facility falls within the technology-classified category under the 2027 amendments.

Foreign investors acquiring an interest in an existing Kazakhstan technology facility should verify whether the facility's original permits remain valid and adequate for the investor's intended use. The 2027 framework does not automatically require retrospective re-permitting of existing facilities, but a change in the category of use — for example, a facility originally permitted as a standard office building that the new owner intends to operate as a data processing centre — may trigger fresh permit obligations.

Companies operating under EAEU investment frameworks or benefiting from the Astana International Financial Centre (AIFC) jurisdiction should take independent advice on whether the AIFC's own regulatory framework intersects with Kazakhstan's general construction permit regime for technology facilities. The two frameworks coexist, and the interaction is not always straightforward.

For in-house counsel managing a Kazakhstan market entry or infrastructure expansion on behalf of a multinational technology group, the 2027 changes create a concrete pre-project compliance step that needs to be built into the project timeline before any construction-related contracts are signed.

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The practical response to the 2027 regulatory changes depends on where a project currently sits in its lifecycle.

For projects in pre-planning or early design stages, the priority is to determine whether the intended facility falls within the new technology-classified category and, if so, to initiate the preliminary coordination process before committing significant resources to design development. Engaging Kazakhstan regulatory counsel at the pre-design stage is now a structural requirement rather than an optional precaution, because the preliminary coordination output will directly condition the design brief.

For projects already in design development under the pre-2027 framework, a gap analysis is warranted. If the project was scoped before the 2027 amendments were enacted, the design documentation may not address the power supply, backup, and security architecture elements that are now part of the state expert examination scope. Retrofitting these assessments into an advanced design package is possible but adds time and cost; it is better addressed before design is finalised.

For projects at or near construction permit application stage, the immediate question is whether the project has completed preliminary coordination as now required. If not, the application will not progress on the standard permit timetable, and the investor will need to back-fill the preliminary stage. Counsel with current knowledge of Kazakhstan construction permit administration will be best placed to advise on the fastest-available path through that process.

For transactions involving the acquisition of existing Kazakhstan technology facilities, legal due diligence should include a specific review of permit status and category classification in light of the 2027 amendments. A change-of-use risk is a real exposure that affects asset value and operational continuity.

Across all project stages, the interaction between the construction permit framework and Kazakhstan's data localisation and technology licensing requirements should be assessed as part of a single integrated compliance exercise, not as separate workstreams. The 2027 amendments have deliberately brought elements of the operational compliance framework into the construction approval process, which means the two are now procedurally connected.

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Q: What specifically changed in Kazakhstan's construction permit rules for technology facilities in 2027?

A: The 2027 amendments introduced a mandatory preliminary coordination stage with the digital infrastructure authority before the standard architectural planning assignment is issued for technology-classified facilities. The state expert examination scope was extended to cover power supply, backup systems, physical security, and — where applicable — data localisation compliance. The permit timetable was restructured to treat preliminary coordination as a separate phase with its own clock, meaning the standard permit timeline begins only after preliminary clearance. These changes apply to new construction and to reconstruction projects meeting the classification thresholds, not to minor fit-out or to facilities already permitted under the prior framework where the category of use is unchanged.

Q: Which foreign companies are affected, and does it apply to software offices as well as data centres?

A: The new classification requirements apply primarily to facilities that combine physical construction with computing, networking, or data processing infrastructure above specified capacity thresholds. A standard software development office in leased premises — where the company is not undertaking construction or major infrastructure installation — is generally not affected by the revised permit rules. The exposure is highest for companies planning data centres, network infrastructure nodes, cloud facilities, or hybrid office-plus-infrastructure projects in Kazakhstan. Foreign investors acquiring existing technology facilities should also assess whether a change in the intended category of use might trigger the new requirements. AIFC-based operations should verify how the AIFC regulatory framework interacts with Kazakhstan's general construction permit regime.

Q: What should a foreign company do if its Kazakhstan technology project was already in development before the 2027 amendments took effect?

A: A project scoped or designed before the 2027 amendments may need a gap analysis to confirm whether the design documentation addresses the additional elements now required for the state expert examination. If preliminary coordination has not yet been completed and the project falls within the new technology-classified category, that stage will need to be initiated before a construction permit application can progress. Engaging Kazakhstan regulatory counsel with current knowledge of the revised framework is the recommended first step. The earlier in the project lifecycle this review is carried out, the lower the cost of any remediation.

Vetrov & Partners is a Russian boutique law firm established in 2009. The firm is recognised by Pravo-300 — Russia's principal legal directory — for eight consecutive years, and is listed as a trusted adviser by the German Consulate General in Novosibirsk.

The firm's Regulatory & Licensing practice advises foreign companies on market authorisation, construction and operational permitting, and compliance obligations across Russian and EAEU jurisdictions, including Kazakhstan, where the firm works in coordination with regional counsel. With over 1,000 matters handled since inception, the team combines deep procedural knowledge with direct partner involvement on every engagement. For Kazakhstan-specific matters, the firm coordinates with Contributing Regional Analysts qualified in Kazakhstan law.

Enquiries: info@vetrovpartners.com | WhatsApp / Telegram: +7 (983) 510-38-76 | t.me/vitvetcom

This publication is provided for informational purposes only and does not constitute legal advice under Russian or any other applicable law. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Vetrov & Partners is a Russian-qualified law firm. For matters governed by foreign law or requiring local admission in another jurisdiction, we collaborate with trusted counsel in the relevant jurisdiction. For advice regarding your particular situation, please contact info@vetrovpartners.com.

— Aigerim Serikbayeva Contributing Regional Analyst — Kazakhstan · EAEU Trade, Customs and Market Entry vetrovpartners.com/contributions/

Aigerim Serikbayeva advises on EAEU trade and customs matters, Kazakhstan market entry, and regulatory compliance for foreign investors operating in or entering Kazakhstan. She contributes Kazakhstan-specific analysis to Vetrov & Partners' regional coverage and collaborates with the firm on cross-border EAEU matters.