Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 3, 1994 No. 213-XIII

About individual housing construction

(as amended on 29-06-2020)

The purpose of this Law - creation of the legal base of regulation of relations between the state, the local executive bodies and citizens of the Republic of Kazakhstan acting as builders (owners) of individual apartment houses for realization of constitutional right on the dwelling.

Section 1. General provisions

Article 1. Basic concepts

The individual apartment house - the house intended for personal (family) accommodation, located on the farmstead site and which is in property of the citizen together with economic and other structures and green plantings.

Individual housing construction - construction of individual apartment houses by citizens, on the parcel of land assigned to them in accordance with the established procedure, their own forces, the contract or another, not prohibited by the legislation method.

The territory of individual apartment block - part of the territory of the settlement (the area, the quarter, the street) used for individual housing construction in complex with objects of cultural and community servicing of citizens, and also engineering and transport infrastructure.

The farmstead site - the parcel of land provided to the citizen for placement of the individual apartment house and housekeeping according to the procedure, established by the legislation of the Republic of Kazakhstan.

The real estate on the farmstead site - the built residential and other buildings belonging to the citizen on the property right, including engineering infrastructure (including unfinished by construction), green plantings and other property, inseparable from the parcel of land.

Article 2. Right of citizens to receipt of the parcels of land and construction of individual apartment houses

Each citizen of the Republic of Kazakhstan has the right to the parcel of land for construction of the individual apartment house in the territory of the republic, irrespective of the place of its permanent residence, according to the land legislation of the Republic of Kazakhstan.

Availability at the citizen of the house or the apartment on the property right, or the apartment in houses of the state and public housing stock which it uses according to the employment contract or leases of the seasonal or garden parcel of land is not the basis for refusal in provision of the parcel of land for construction of the individual apartment house.

The citizens owning on the property right housing constructions on seasonal and garden dachas are granted the right to renew this real estate as individual apartment houses, on condition of their compliance to standard rates for residential buildings and building, and also change of purpose of the parcel of land.

Article 3. Nature and sizes of the apartment house

The builder has the right to build the apartment house on any project which is not breaking the established construction and other obligatory regulations and rules and approved with architectural and town-planning service of local executive body of the city of republican value, the capital, area (city of regional value).

The sizes of the apartment house and other structures located on the farmstead site fixed in accordance with the established procedure are determined by the individual builder independently provided that their external dimensions (including height) provide the established obligatory normative, sanitary, fire-proof and technical gaps between these structures, and also structures on the adjacent parcels of land.

Article 4. Procedure for provision of the parcels of land for construction of the individual apartment house

Provision of the parcels of land for construction of individual apartment houses is regulated by land and other legislation of the Republic of Kazakhstan.

The quantity of the parcels of land reserved for allocation under individual housing construction and also priority of their development in the settlement are determined on the basis of the corresponding town-planning documentation and regulated by local executive body of the city of republican value, the capital, area (city of regional value), proceeding from availability of land resources and interests of complex social and economic development of the territory.

For receipt of the parcel of land the individual builder submits the application to the relevant local executive body of the city of republican value, the capital, area (city of regional value) having rights of provision of the parcels of land.

In case of adoption of the statement it is forbidden to demand from the citizen the documents and data which are not provided by the approved list.

For concealment of information on availability of the parcels of land for construction of individual apartment houses, its misstatement, unreasonable refusal in provision of the parcels of land officials of executive bodies bear the administrative and other responsibility established by the legislation of the Republic of Kazakhstan.

Article 5. Publicity of provision of the parcels of land for individual housing construction

Each citizen has the right to receive from local executive body of the city of republican value, the capital, the area (the city of regional value) information on availability of the parcels of land in this settlement (area) intended for individual housing construction, their sizes and also on the established rates of the land tax for use of the allocated territory and other payments.

The specified information is hung out for public inspection in the form of cards (schemes) of the territory intended for individual apartment block with estimative indicators or published in type of survey bulletins.

Article 6. The property right to the real estate which is on the farmstead site

The owner of the individual apartment house and other real estate which is on the farmstead site according to the legislation of the Republic of Kazakhstan has the right to own, use and dispose at discretion of it. The property right to the real estate which is on the farmstead site can belong only to the owner of this site.

The property right of the builder to the individual apartment house arises from the moment of completion of its construction and is confirmed by the standard certificate.

Before completion of construction of the individual apartment house rules about the property right to real estate and on materials from which this property is created are applied to the constructed its part.

The owner has the right to spend reorganization, re-planning or re-equipment at home and other real estate on the farmstead site, without breaking at the same time construction and other obligatory regulations and rules. The reconstruction connected with reorganization re-planning and re-equipment of structures is performed on the project approved with architectural and town-planning service of local executive body of the city of republican value, the capital, area (city of regional value) regarding observance of construction regulations and rules.

Article 7. Withdrawal of the farmstead site

Withdrawal of the farmstead site is allowed only in the cases and procedure established by legal acts of the Republic of Kazakhstan.

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