of March 27, 2020 No. 159
About approval of Rules of registration by local executive bodies of agreements of participation in housing cooperative
According to subitem 10-18) of article 10-2 of the Law of the Republic of Kazakhstan of April 16, 1997 "About the housing relations", PRIKAZYVAYU:
1. Approve the enclosed Rules of registration by local executive bodies of agreements of participation in housing cooperative.
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) 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.
Acting minister of the industry and infrastructure development of the Republic of Kazakhstan
K. Uskenbayev
Approved by the Order of the Acting Minister of the industry and infrastructure development of the Republic of Kazakhstan of March 27, 2020 No. 159
1. These rules of registration by local executive bodies of agreements of participation in housing cooperative (further – Rules) are developed according to subitem 10-18) of article 10-2 of the Law of the Republic of Kazakhstan "About the housing relations" (further – the Law), according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law on state services) and determine order of registration local executive bodies of agreements of participation in housing cooperative.
2. In these rules the following basic concepts are used:
1) executive body – board (chairman) of housing cooperative.
2) share is fee of the member of housing cooperative in the amount of construction cost (financing of construction) of the apartment, the non-residential premise or the parking space corresponding to cost amount, invested by housing cooperative in construction of the apartment apartment house is pro rata to the area of the apartment, the non-residential premise to total area of all residential and non-residential premises of the apartment apartment house, and includes the cost of all construction costs of the apartment, including cost of services in project organization on construction of the apartment apartment house. Share the apartment or the non-residential premise or the parking space transferred to the member of housing cooperative according to the agreement of participation in housing cooperative is recognized housing cooperative;
3) housing cooperative – the non-commercial merging of physical persons for the purpose of construction of the apartment apartment house and subsequent distribution between members of housing cooperative of apartments, non-residential premises, parking spaces, storerooms according to the amount of the brought shares operating before execution of the obligations according to the legislation of the Republic of Kazakhstan;
4) equity unified information system in housing construction (further – System) – the information system intended for systematization and accounting of agreements on equity in housing construction and data on assignment of the rights of requirements for them;
3. The state service "Registration by Local Executive Bodies of Agreements of Participation in Housing Cooperative" (further – the state service) appears local executive bodies of areas, cities of Astana, Almaty and Shymkent, areas, cities of regional value (further – the Service provider).
4. In case of modification and (or) amendments in Rules, authorized body in the sphere of the housing relations and housing and communal services sends to service providers, the State corporation, the operator of information and communication infrastructure of "the electronic government", to Single contact center information on such changes and (or) amendments within 3 (three) working days.
5. The housing cooperative (further – Uslugopoluchatel), for receipt of the state service, within 5 (five) working days from the date of the conclusion with the unitholder of the agreement of participation in housing cooperative sends the request for its registration electronically to the Service provider by means of object of informatization – the www.qazreestr.kz Systems.
6. Uslugopoluchatel's request for registration of the agreement of participation in housing cooperative includes the agreement of participation in housing cooperative signed with the unitholder, personal data of the unitholder and data on the acquired share.
Uslugopoluchatel provides the consent of the unitholder to collection and processing of personal data, including to transfer to the third parties.
7. The system performs registration of the request for registration of the agreement of participation in housing cooperative in day of its departure.
In case of receipt of the request in System after the termination of working hours, in days off and holidays according to the Labor code of the Republic of Kazakhstan, registration of the request is performed in System the next working afternoon.
The status about registration of the request in System with indication of date and time of registration of the request is provided to Uslugopoluchatel by means of accounting record in System.
8. Rendering the state service is performed in System in the following terms:
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