ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 8, 2019 No. 629

About approval of Rules of change of methods of the organization of equity in housing construction

According to subitem 11-1) of article 5 of the Law of the Republic of Kazakhstan "About equity in housing construction" PRIKAZYVAYU:

1. Approve the enclosed Rules of change of methods of the organization of equity in housing construction.

2. To provide to committee on cases of construction and housing and communal services of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of August 8, 2019 No. 629

Rules of change of methods of the organization of equity in housing construction

Chapter 1. General provisions

1. These rules of change of methods of the organization of equity in housing construction (further – Rules) are developed according to the Law of the Republic of Kazakhstan "About equity in housing construction" (further – the Law) and determine procedure for change of methods of the organization of equity in housing construction.

2. Confirmation of change of method of the organization of equity in housing construction is the signed agreement on provision of a guarantee or permission to fund raising of shareholders (depending on method of the organization of equity in housing construction).

3. In case of change of the organization of equity in housing construction on method of receipt of guarantee of the Single operator of housing construction (further – the Single operator), participations in the project of bank of the second level the choice of engineering company is performed by the Single operator or bank of the second level and the agreement on rendering engineering services within the civil legislation is signed.

4. In case of change of the organization of equity in housing construction on method of fund raising of shareholders after construction of framework of the apartment apartment house, the authorized company has the right to review engineering company taking into account the requirements established by the Law.

Chapter 2. Conditions of change of the organization of equity in housing construction by method of receipt of guarantee of the Single operator for permission of local executive body to fund raising of shareholders

5. The builder and the authorized company corresponding to the conditions established in this Chapter, having the right to change the organization of equity in housing construction by method of receipt of guarantee of the Single operator on the different way provided by the Law, way of agreement cancelation on provision of a guarantee.

6. Agreement cancelation about provision of a guarantee is performed according to the civil legislation of the Republic of Kazakhstan.

7. The conditions preceding change of method of the organization of equity in housing construction for date of the appeal to Single operator about agreement cancelation about provision of a guarantee:

1) lack of lagging of installation and construction works according to the construction project of the apartment apartment house more than 60 (sixty) calendar days from the approved works schedule;

2) lack of the unexecuted notification (in the presence) the Single operator about need of compensation by the builder and (or) authorized company, the contractor (prime contractor) on the bank account of the authorized company within 15 (fifteen) working days from the date of establishment of use of money by engineering company in defiance of requirements of article 20 of the Law;

3) the organizations of equity which are notarially certified consent to change of method in housing construction is at least three fourth shareholders who signed with the authorized company the agreement on equity in housing construction;

4) absence of the shareholders who paid (completely or partially) share in the apartment apartment house at the expense of the loan issued by "Housing Construction Savings Bank of Kazakhstan" joint-stock company or bank of the second level guaranteed by the Single operator.

8. The authorized company places information on intention to change method of the organization of equity in housing construction in mass media or on own Internet resource in 15 (fifteen) calendar days prior to collection of soglasiya of shareholders.

The published information message shall contain the following:

1) information on the planned organization of equity in housing construction by the changed method with reasons for this intention;

2) stage of readiness of the construction project of the apartment apartment house;

Limiting 3) date and time, and also the address to which it is necessary to direct notarially certified consent or refusal of the shareholder on change of method of the organization of equity in housing construction.

9. In case of agreement cancelation about provision of a guarantee, the guarantee fee paid by the authorized company according to the agreement on provision of a guarantee is not subject to return.

10. The agreement on agreement cancelation on provision of a guarantee is signed in writing and becomes effective from date of issue local executive body to the builder and the authorized company of permission on fund raising of shareholders.

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