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LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 16, 1997 No. 94-I

About the housing relations

(as amended on 01-04-2021)

Section 1

Chapter 1. General provisions

Article 1. Housing legislation of the Republic of Kazakhstan

1. The housing legislation of the Republic of Kazakhstan governs the relations with participation of citizens, legal entities, state bodies connected with:

1) bases of origin and termination of the property right to dwellings and rights to use by them;

2) implementation of right to use by apartments, non-residential premises and receipt of utilities;

3) requirements to individual and apartment apartment houses;

4) ensuring safety and repair of housing stocks;

5) control of state bodies of observance of the rights of citizens in the housing sphere and use of housing stock;

6) features of regulation of the housing relations with participation of staff of special state bodies, law-enforcement bodies, operational investigative divisions of authorized body on anti-corruption and the military personnel.

2. The housing relations in the Republic of Kazakhstan are governed by this Law, regulations of the Civil code and other legislation of the Republic of Kazakhstan issued according to them.

3. The relations connected with financing of construction of housing, development and building-up of housing stock are regulated by the relevant legislation of the Republic of Kazakhstan taking into account the requirements established by this Law.

4. Accommodation (stay) in hotels, boarding houses, boarding schools, retirement homes and other subjects to similar appointment is regulated by the legislation of the Republic of Kazakhstan.

Article 2. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the emergency apartment apartment house - the apartment apartment house in which the main bearing designs (the bases, columns, bearing walls, beams, overlappings) lost the bearing capability and which further operation poses hazard to life living (staying), recognized as the conclusion of the legal entity accredited on implementation of technical supervision and technical inspection of reliability and stability of buildings and constructions which is not subject to recovery;

1-1) needy families (citizens) - persons who according to the housing legislation of the Republic of Kazakhstan have the right to the housing help;

1-2) military personnel is the citizens of the Republic of Kazakhstan who are in the military service in Armed Forces, other troops and military forming of the Republic of Kazakhstan;

1-3) managing companies - the physical person or legal entity rendering services in management of object of condominium based on the signed agreement;

1-4) state-financed organizations - public institutions and the state companies;

1-5) departmental housing stocks - the office dwellings which are on balance of public institutions, intended for provision by the government employee appointed to position according to the procedure of rotation according to the decision of the housing commission for accommodation for execution of job responsibilities without the right of further privatization;

2) individual (separate) property - property of citizens, legal entities, the states on the apartment, the non-residential premise;

3) vote - the decision making process by owners of apartments, the non-residential premises connected with management of object of condominium and content of common property of object of condominium performed by open declaration of will at the meeting held by attendance procedure or by means of written poll. Vote can be performed by means of objects of informatization in the sphere of the housing relations and housing and communal services;

4) the rent house - the apartment apartment house belonging on the property right to physical person or legal entity in which apartments are intended for transfer for rent;

5) the lessor - the party in the employment contract of the dwelling, being the owner of the dwelling or person authorized by the owner to rent the dwelling;

6) the employer - the party in the employment contract of the dwelling receiving the dwelling or its part in use;

7) the hostel - the residential building which is specially built or re-equiped for accommodation of persons working according to the employment contract, students (cadets, graduate students) and pupils during study and also other persons having the employment contract with the owner or the owner of the hostel;

7-1) personal special account - the current bank account opened by the staff of special state bodies, law-enforcement bodies, operational investigative divisions of authorized body on anti-corruption and the military personnel in bank of the second level for transfer of housing payments and implementation of payments on the established purposes;

8) private housing stock - the dwellings belonging on the property right to physical or non-state legal entities;

9) the parcel of land - the land territory assigned to the apartment house (residential building) according to the procedure, established by the legislation of the Republic of Kazakhstan;

10) utilities - the services provided to the consumer, including water supply, water disposal, gas supply, electric utility service, heat supply, rubbish disposal, servicing of elevators for providing safe and comfortable conditions of accommodation (stay);

10-1) municipal housing stock - the dwellings which are under authority of local executive bodies, assigned to special public institution on provision of dwellings in use;

11) object of condominium - the single property complex consisting of apartments, non-residential premises which are in individual (separate) property and common property which cannot be in individual (separate) property and belongs to owners of apartments, non-residential premises on the right of common ownership, including the single indivisible parcel of land under the apartment apartment house and (or) house adjoining the parcel of land;

12) management of object of condominium - complex of the actions directed to creation of safe and comfortable conditions of accommodation (stay) of owners of apartments, non-residential premises, proper maintenance of common property of object of condominium, the solution of questions of use of common property of object of condominium and provision of utilities;

13) expenses on management of object of condominium and content of common property of object of condominium - the obligatory costs of owners of apartments, non-residential premises established by the decision of meeting according to method of calculation of expense budget on management of object of condominium and content of common property of object of condominium and also method of calculation of the minimum size of expenses on management of object of condominium and content of common property of object of condominium;

14) common property of object of condominium - part of object of condominium (facades, entrances, lobbies, halls, corridors, ladder marches and landings, elevators, roofs, attics, technical floors, cellars, all-house engineering systems and the equipment, subscriber mailboxes, the parcel of land under the apartment apartment house and (or) house adjoining the parcel of land, elements of improvement and other property public), except apartments, non-residential premises which are in individual (separate) property;

15) running repair of common property of object of condominium - complex of the timely technical actions and works on replacement or recovery of the components and the engineering equipment of the apartment apartment house established by regulating and technical documentation, held for the purpose of prevention of their premature depreciation and elimination of defect;

15-1) capital repairs of common property of object of condominium - complex of actions and works on replacement of worn-out designs, details and the engineering equipment of the apartment apartment house on the new or stronger and economic, improving operational indicators of the repaired objects spent for the purpose of recovery of resource apartment apartment at home;

15-2) expenses on capital repairs of common property of object of condominium - compulsory monthly fees of owners of apartments, non-residential premises on capital repairs of common property of object of condominium or its separate parts;

15-3) content of common property of object of condominium - complex of works or services in technical operation, sanitary content and running repair of common property of object of condominium;

15-4) common property of object of condominium of limited use - the part of common property of object of condominium transferred in the procedure determined by this Law in use to the owner of the apartment, non-residential premise or the third party;

16) large family - the family incorporating four and more jointly the living minor children, including children who are studying full-time in the organizations of secondary, technical and professional, postsecondary, higher and (or) postgraduate education after achievement of age of majority by them until the termination of the organizations of education (but no more than before achievement of twenty-three-year age);

16-1) apartment apartment house - the separate building with the single base on the single indivisible parcel of land consisting of common property of object of condominium which is common ownership, and two and more apartments, non-residential premises having independent exits to the parcel of land adjacent to the apartment apartment house or in other parts of common property of object of condominium;

16-2) managing director of the apartment apartment house - the citizen of the Republic of Kazakhstan who is not the owner of the apartment, non-residential premise in the managed apartment apartment house, conforming to the qualification requirements approved by authorized body;

16-3) house adjoining parcel of land of the apartment apartment house (further - house adjoining the parcel of land) - the parcel of land adjacent to the apartment apartment house and intended for improvement, gardening, placement sports, playgrounds, access roads, parkings, sidewalks, small architectural forms;

16-4) council of the apartment apartment house (further - council of the house) - the governing body of object of condominium elected from among owners of apartments, non-residential premises;

16-5) condominium of the apartment apartment house (further - condominium) - the pattern of ownership registered according to the procedure, determined by the legislation of the Republic of Kazakhstan in case of which apartments, non-residential premises are in individual (separate) property, and those parts which are not in individual (separate) property belong to owners of apartments, non-residential premises on the right of common ownership, including the single indivisible parcel of land under the apartment apartment house and (or) house adjoining the parcel of land;

16-6) consolidation of owners of property of the apartment apartment house (further - consolidation of owners of property) - the legal entity, the control of object of condominium which is non-profit organization, formed by owners of apartments, non-residential premises of one apartment apartment house, exercising financing it the content and ensuring its safety;

16-7) parking of the apartment apartment house (further - parking) - the non-residential premise in specially certain part of the apartment apartment house or attached to the apartment apartment house according to the construction project, intended for the parking of vehicles, consisting of parking spaces.

The parking can be part of common property of object of condominium or be in individual (separate) property;

16-8) meeting of owners of apartments, non-residential premises of the apartment apartment house (further - meeting) - the supreme body of management of object of condominium providing collective discussion and decision making by owners of apartments, the non-residential premises connected with management of object of condominium and content of common property of object of condominium by vote;

17) re-equipment - the change of the room (rooms) connected with change of its functional purpose, complete or partial replacement of internal system of the processing and (or) engineering equipment necessary for life support and operation;

18) re-planning - the change of the layout of the room (rooms) integrated to change of borders of this room (these rooms);

19) the subtenant - the party in the agreement of subhiring of the dwelling receiving in use the dwelling or its part from the employer;

20) the office dwelling - the dwelling with particular legal regime provided from housing stock of public institution and intended for settling by citizens of the Republic of Kazakhstan for accomplishment by them of the obligations connected with nature of their employment relationships, including when implementing rotation of government employees, and also participating in active measures of assistance of employment according to the legislation of the Republic of Kazakhstan on employment of the population; 

20-1)  No. 284-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 26.12.2019;

21) the dwelling equated to office - the dwelling provided from municipal housing stock to government employees, employees of state-financed organizations, military personnel, candidates for astronauts, the astronauts, the staff of special state bodies and persons holding the state elective offices or from housing stock of the state company to employees of this state company;

21-1) housing stocks of the state company - the dwellings which are under authority of the state company;

21-2) housing stocks of public institution - the dwellings which are under authority of public institutions, except for special public institution on provision of dwellings in use;

22) the state housing stock - the dwellings which are belonging to municipal housing stock, housing stock of the state companies or housing stock of public institutions and being part of republican or municipal property;

22-1) target fee - the money placed by owners of apartments, non-residential premises for payment of the action which is not provided by expense budget on management of object of condominium and content of common property of object of condominium for one calendar year;

23) kandas - the ethnic Kazakh and (or) members of his family of the Kazakh nationality who were earlier not consisting in the nationality of the Republic of Kazakhstan, arrived to the historical homeland and received the corresponding status according to the procedure established by the Law of the Republic of Kazakhstan "About population shift";

23-1) parking space - the place for the parking of the vehicle in parking which is not the non-residential premise and being in individual (separate) property;

24) the apartment - the certain dwelling which is part of the apartment apartment house, intended and used for permanent residence;

24-1) rent dwelling without repurchase right - the dwelling provided from municipal housing stock to citizens of the Republic of Kazakhstan in use for a fee without repurchase right;

24-2) subject of service activities - the physical person or legal entity rendering services in content of common property of object of condominium based on the signed agreement;

25) No. 479-IV ZRK is excluded according to the Law of the Republic of Kazakhstan of 22.07.2011

26) incomplete family - family in which children (child) are raised by one of parents including divorced, vdovy;

27) the non-residential premise - the separate internal space in the apartment apartment house corresponding to construction, sanitary, environmental, fire protection and other obligatory standards and rules, provided on project stage which borders are internal surfaces of walls, floor and ceiling (interfloor overlappings) if other is not stipulated by the legislation the Republic of Kazakhstan, used in others, than permanent residence, the purposes (office, shop, cafe, hotel, hostel and other objects of service industry to the population) and being in individual (separate) property, except for common property of object of condominium.

The parking belongs to the non-residential premise if it is in individual (separate) property;

28) the dwelling - the separate residential unit (the individual apartment house, the apartment, the room in the hostel) intended and used for permanent residence, answering to the established construction, sanitary, environmental, fire protection and other obligatory standards and rules;

29) employment (lease) of the dwelling - provision of the dwelling or part to his employer (lessee) in permanent or temporary ownership and use for a fee;

30) the employment contract of the dwelling - the agreement according to which the lessor grants right to use by the dwelling or its part to the employer for a fee;

31) privatization of the dwelling - the acquisition by citizens in property of the dwellings occupied by them from the state housing stock performed according to this Law;

32) the agreement of subhiring of the dwelling - the agreement of the parties according to which the subtenant acquires right to use by the dwelling or its part for a fee;

33) total area of the dwelling - the amount of the usable space of the dwelling and the areas of balconies (loggias, verandahs, terraces) calculated using decreasing coefficients according to normative and technical acts;

34) dwelling cost - the market value of the dwelling determined on the date of transaction;

35) the usable space of the dwelling - the amount of the residential and non-residential areas of the dwelling;

36) living space of the dwelling - the amount of the areas of living rooms (bedroom, drawing room, the nursery, house office and to that similar) in the dwelling (apartment) estimated in square meters;

37) the non-residential area of the dwelling - the amount of the areas of internal utility rooms (kitchen, bathroom, toilet, hall, corridor, to the room storage room and volume of similar) in the dwelling (apartment) estimated in square meters;

38) requisition of the dwelling - forced withdrawal of the dwelling at the owner in the conditions of emergency situations according to the decision of state bodies according to the procedure, established by legal acts of the Republic of Kazakhstan, with payment of cost of the withdrawn dwelling or other types of compensation which are not contradicting legal acts of the Republic of Kazakhstan;

39)  No. 284-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 26.12.2019;

40)  No. 270-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.12.2014

40-1) residual cost of the dwelling (further - residual cost) - original cost of the dwelling less physical wear of the dwelling;

40-2) physical wear of the dwelling - loss of initial technical and operational qualities (durability, stability, reliability and others) as a result of impact of natural, climatic and other factors;

41) total area of the apartment house (residential building) - the amount of total areas of all dwellings and the areas of all non-residential premises, and also the areas of the parts of the apartment house which are common property;

42) housing and communal services - housing stock, and also set of the organizations providing content of apartment apartment houses and engineering and communication infrastructure on all lifecycle, creating safe and comfortable conditions of accommodation (stay);

43) the housing help - the payment from the local budget provided to needy families (citizens) for compensation of difference between maintenance costs of the single dwelling or its part which is in property or received from the state housing stock, or leased by local executive body in the private housing stock, and the maximum permissible expense level of needy families (citizens) on these purposes established by local representative bodies, according to the procedure determined by this Law;

43-1) housing stock - the dwellings of all patterns of ownership which are in the territory of the Republic of Kazakhstan;

44) 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 according to the amount of the brought shares operating before execution of the obligations according to the legislation of the Republic of Kazakhstan;

44-1) housing certificate - the form of monetary commitment of local executive body provided to citizens of the Republic of Kazakhstan for covering of part of the initial contribution on mortgage housing loans in case of acquisition of housing within the mortgage program approved by National Bank of the Republic of Kazakhstan, and (or) the state program of housing construction approved by the Government of the Republic of Kazakhstan;

44-2) housing payments - the money differentiated on regions and family composition paid in the form of special cash cover to receivers of housing payments at the expense of budgetary funds instead of provision of the office dwelling and also in the cases provided by Chapter 13-1 of this Law;

44-3) receivers of housing payments are the staff of special state bodies, law-enforcement bodies, operational investigative divisions of authorized body on anti-corruption and the military personnel receiving housing payments;

45) temporary residents are citizens who by the employer (the owner of the dwelling, the subtenant) are granted the right of temporary residence at the dwelling without collection from them of payment for use of the dwelling;

46) authorized body – the central executive body performing management and cross-industry coordination in the sphere of the housing relations and housing and communal services;

47) all-house engineering systems - systems of cold and hot water supply, water disposal, heat supply, gas supply, electric utility service, smoke removal, the fire alarm, internal fire-proof water supply system, goods and passenger elevators (elevators), rubbish disposals, conditioning, ventilation, the thermal controls and pumping out which are in the apartment apartment house beyond limits or in the apartment, the non-residential premise and serving two and more apartments, the non-residential premise;

48) hostel - the non-residential premise in the apartment apartment house having separate entrance group, or the separate building (part of the building) intended and used for temporary residence (stay) of physical persons, answering to the established construction, sanitary, environmental, fire protection and other obligatory standards and rules;

49) the energy efficient apartment apartment house - the apartment apartment house built with use power - resource-saving and energy efficient technologies and materials, corresponding to one of energy efficiency classes;

50)  No. 284-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 26.12.2019.

Article 3. Housing stock of the Republic of Kazakhstan

1. The housing stock of the Republic of Kazakhstan includes private and state housing stocks.

2. The housing stock does not include non-residential premises in apartment houses.

2-1. Special state bodies have office dwellings, procedure for forming and which provisions it is established by the Government of the Republic of Kazakhstan. The dwellings provided from housing stock of special state bodies to employees since January 1, 2013, except as specified, provided by the Law of the Republic of Kazakhstan "About special state bodies of the Republic of Kazakhstan cannot be privatized.

3. Deprivation of the dwelling is allowed only by a court decision in the cases provided by the laws of the Republic of Kazakhstan.

4. Features of provision in property of dwellings by local executive bodies of areas, cities of republican value, the capital, areas, cities of regional value in the form of encouragement to the athletes who are champions and prize-winners Olympic Paralympic and Deaflympics, are determined by the Law of the Republic of Kazakhstan "About physical culture and sport".

Article 4. Use of apartments, non-residential premises

Use of apartments, non-residential premises shall not lead to their destruction or spoil, to violate conditions of accommodation (stay) of other owners of apartments, non-residential premises and shall correspond to construction, sanitary, environmental, fire protection and other obligatory standards and rules.

Owners of non-residential premises shall provide access for disabled people.

Article 5.

 No. 284-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 26.12.2019.

Article 6. Management of housing stock and object of condominium

Article 6. Management of object of condominium and content of common property of object of condominium

Owners of apartments, non-residential premises exercise control of object of condominium and content of common property of object of condominium by participation at meeting, the choice of the form of government object of condominium, election of council of the house, and also payment of expenses on management of object of condominium and content of common property of object of condominium.

The losses caused to owners of apartments, non-residential premises by the physical, legal entities performing functions on management of object of condominium and content of common property of object of condominium are subject to compensation according to the civil legislation of the Republic of Kazakhstan.

Article 7. State accounting of housing stock of the Republic of Kazakhstan

The state accounting of housing stock of the Republic of Kazakhstan, irrespective of its accessory, is performed on system, single for the Republic of Kazakhstan, according to the procedure, established by the Government of the Republic of Kazakhstan.

Article 8. Permission of housing disputes

1. The disputes following from housing legal relationship are permitted by court.

2. Eviction of citizens and legal entities from the premises occupied by them is allowed only on the bases established by this Law, judicially.

Article 8-1. Responsibility for violation of the housing legislation of the Republic of Kazakhstan

Violation of the housing legislation of the Republic of Kazakhstan attracts responsibility according to the laws of the Republic of Kazakhstan.

Article 9. The rights and obligations of foreign legal entities, foreigners and stateless persons in the housing relations

1. Foreign legal entities and foreigners have the rights in the Republic of Kazakhstan and perform duties in the housing relations on an equal basis with legal entities and citizens of the Republic of Kazakhstan if other is not established by legal acts of the Republic of Kazakhstan.

2. The persons without citizenship who are constantly living in the Republic of Kazakhstan have the rights and perform duties in the housing relations on an equal basis with citizens of the Republic of Kazakhstan.

Article 10. International agreements

If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in the housing legislation of the Republic of Kazakhstan are applied rules of the international treaty.

Chapter 1-1. Regulation in the sphere of the housing relations and housing and communal services

Article 10-1. Competence of the Government of the Republic of Kazakhstan

Government of the Republic of Kazakhstan:

1) develops the main directions of state policy in the sphere of the housing relations and housing and communal services and will organize their implementation;

2)   No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

3) approves rules of provision of the housing help;

4)   No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

5)   No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

6)   No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

6-1) determines procedure for privatization of dwellings from the state housing stock;

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