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

of August 29, 2019 No. 678

About approval of Rules of maintaining unified information system of equity in house construction

According to subitem 11-2) of article 5 of the Law of the Republic of Kazakhstan "About equity in house construction" and according to the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services" PRIKAZYVAYU:

1. Approve the enclosed Rules of maintaining unified information system of equity in house 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 in 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 29, 2019 No. 678

Rules of maintaining unified information system of equity in house construction

Chapter 1. General provisions

1. These rules of maintaining unified information system of equity in house construction (further – Rules) are developed according to subitem 11-2) of article 5 of the Law of the Republic of Kazakhstan "About equity in house construction" (further – the Law) and determine procedure for maintaining unified information system of equity in house construction.

2. In these rules the following basic concepts are used:

1) kvartirogramma – the data containing technical parameters (the area, number of storeys, room type, the number of apartments, number of the room, number of entrance, the area of the parcel of land, parking spaces) for accounting of the rights and obligations connected with acquisition residential and non-residential the room including shares and shares in the planned projects and apartment apartment houses under construction;

2) the founder of trust management of state-owned property (further – the founder) – authorized body on state-owned property or local executive body or the office of the akim of the city of district value, the village, settlement, rural district;

3) allowing documents – the documents granting to the applicant the right to realization of his intention on construction or change of rooms (separate parts) of the existing buildings which include: decision of local executive body on provision of the appropriate right to the earth; the decision of local executive body on carrying out reconstruction, re-planning, re-equipment of rooms (separate parts) the existing buildings (constructions);

4) the trustee – physical persons and non-state legal entities if other is not provided by the laws of the Republic of Kazakhstan, signed the trust management agreement with the founder;

5) the builder in the field of equity in house construction (further – the builder) – the legal entity performing activities for the organization of equity in house construction of apartment apartment houses by own and (or) attracted money by means of participation in the authorized capital of the authorized company;

6) authorized body in the field of equity in house construction (further – authorized body) – the central executive body performing management and also within the competence cross-industry coordination in the field of equity in house construction;

7) the agreement on equity (further – the Agreement) – the agreement signed between the authorized company and the shareholder, regulating the legal relationship of the parties connected with equity in house construction in case of which one party shall provide construction of the apartment apartment house and transfer in house construction upon completion of construction to the second party share in the apartment apartment house, and the second – to make payment and to accept share in the apartment apartment house;

8) the electronic agreement on equity in house construction – the agreement on equity in house construction in which information is provided in electronic and digital form and it is certified by means of the digital signature, corresponding to the Standard form of the agreement on equity in house construction (further – the Standard form) approved by the order of the Minister of national economy of the Republic of Kazakhstan of July 28, 2016 No. 345 (it is registered in the Register of state registration of regulatory legal acts for No. 14185);

9) equity unified information system in house construction (further – System) – the information system intended for systematization and accounting of agreements on equity in house construction and data on assignment of the rights of requirements for them;

10) the Single operator of house construction (further – the Single operator) – the mortgage organization with direct or indirect participation of the state in the authorized capital which purpose is participation in realization of state policy in the field of ensuring availability of housing to the population of the Republic of Kazakhstan via mechanisms of mortgage lending and provision of rent housing, development of shared-equity house construction, and also ensuring availability of financial resources to building sector;

11) the authorized company – the legal entity, hundred percent of voting shares (shares in the authorized capital) which belong to the builder, performing activities for ensuring shared-equity construction of the apartment apartment house and realization of shares in the apartment apartment house which has no right to be engaged in any other business activity, except for activities in special economic zones;

12) the shareholder – physical person (except for temporarily staying foreigners) or the legal entity who signed the agreement on equity in house construction for the purpose of receipt of share in the apartment apartment house.

Chapter 2. Procedure for maintaining unified information system of equity in house construction

3. Users of System are:

1) builders;

2) authorized companies;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info