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A legal battle over an 8-story building constructed without proper documentation in Petropavlovsk has concluded with a court ordering its demolition. The North Kazakhstan Regional Court upheld a lower court's decision to tear down the structure, which was built by a construction company lacking a full set of necessary permits.

This case escalated far beyond a typical construction dispute, involving numerous complaints from residents, inspections by the State Architectural and Construction Control Department, fines, and attempts to legalize the project after construction had already begun. The situation left many city dwellers questioning how such a building could be erected in the first place.

The Genesis of the Dispute

According to court documents, the issue began in 2023 when the company 'Petromassiv' LLP obtained the right to temporary land use for a 0.9989-hectare plot on Tansholpan Street. The land was designated for the construction of a multi-apartment residential building.

The company subsequently secured an architectural planning assignment and technical specifications for water, heating, and electricity supply. By the summer of 2025, the construction department had approved a preliminary design for the residential building. However, what initially seemed like standard preparation for construction soon led to significant problems.

Regulatory Intervention

A court ruling revealed that an unscheduled inspection by the State Architectural and Construction Control Department was triggered by a complaint from Lilia Ruppel, the chairwoman of the Residents' Union of the 'RIBAT-1' residential complex. The inspection took place in August 2025.

During the inspection, officials identified several violations. Notably, the building's frame had already reached the 8th floor at the time of the check.

The Company's Defense

Following the inspection, the construction company faced administrative penalties, including a fine of 98,300 tenge, which was paid. However, 'Petromassiv' LLP argued that the identified violations did not warrant demolition.

The company contended that the lack of project documentation and expert review were rectifiable issues, and no evidence was presented to suggest the structure posed a threat to human life or health. Furthermore, the company claimed that the State Architectural and Construction Control Department had not issued any directives to rectify the violations.

The Court's Stance

The court disagreed with the company's assessment. The ruling emphasized that the mandatory construction process involves sequential steps: obtaining land rights, design, expert review, notification of commencement of work, and only then proceeding with construction.

The court found the practice of starting construction and then attempting to retroactively legalize documents to be improper, deeming the structure an illegally erected building.

Escalation and Further Appeals

In February 2026, the Specialized Inter-District Economic Court ordered 'Petromassiv' LLP to demolish the 8-story monolithic structure, including its foundation, and restore the site to its original condition. This decision, however, was not the final word.

At the appellate stage, two additional companies, 'Vaik Group' LLP and 'Magistral SK' LLP, joined the case. They claimed involvement in financing the construction, with one allegedly investing money and materials and the other supplying concrete. Despite claims involving hundreds of millions of tenge, the court dismissed these arguments, stating that no concrete evidence of fund transfers was provided and that these circumstances did not affect the legality of the construction.

Investor Involvement?

A crucial question in such cases is the involvement of investors. Court materials indicate that the construction company never applied for permission to attract funds from equity holders, meaning the building was not officially registered as an equity construction project.

How Did the Building Reach Eight Stories?

This remains a primary concern for residents. While the construction company possessed land rights, a preliminary design, and technical specifications, court documents confirm the absence of mandatory project documentation, expert review, and legally formalized commencement of construction and installation work. Yet, an eight-story frame stood on the site during the inspection.

On May 5, 2026, the North Kazakhstan Regional Court upheld the first instance court's decision. The appeals filed by 'Petromassiv' LLP, 'Vaik Group' LLP, and 'Magistral SK' LLP were denied. The ruling has entered into legal force, although the parties retain the right to appeal to the cassation instance within six months.

As of now, the court's decision stands: the eight-story structure is recognized as illegally built and must be demolished.