ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of June 9, 2023 No. 367

About approval of the Instruction for the state technical inspection of real estate objects

According to subitem 4-1) of article 18-1 of the Law of the Republic of Kazakhstan "About state registration of the rights to real estate", PRIKAZYVAYU:

1. Approve the Instruction for the state technical inspection of real estate objects according to appendix 1 to this order.

2. Recognize invalid some orders of the Minister of Justice of the Republic of Kazakhstan according to the list according to appendix 2 to this order.

3. To provide to department of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan state registration of this order and its publication on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

4. To impose control of execution of this order on supervising vice-the Minister of Justice of the Republic of Kazakhstan.

5. This order becomes effective since July 1, 2023 and is subject to official publication.

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of June 9, 2023 No. 367

Instruction for the state technical inspection of real estate objects

Chapter 1. General provisions

1. This Instruction for the state technical inspection of real estate objects (further - the Instruction) is developed according to the Law of the Republic of Kazakhstan "About state registration of the rights to real estate" (further - the Law) and disaggregates carrying out technical inspection of real estate objects, the rights to which are subject to state registration.

2. In this Instruction the following terms are used:

1) aqueduct - artificial construction of special function, including bridges canals for navigation, bridges with trays under waterway the irrigation canal or water supply system;

2) invaluable constructions - the structures built from the materials which are not used in construction of capital structures, temporary, shabby, dilapidated (except historical and architectural monuments), are not brought in the cadastral passport of real estate object (further – the cadastral passport), but fixed in outline with complete description;

3) balcony - the protected platform which is completely acting from the building facade wall plane;

4) viaduct - the artificial construction constructed when crossing by the road of big ravine, the gorge, valley;

5) lobby - the room before entrance to internal parts of residential or non-residential building intended for acceptance and distribution of flows of visitors;

6) dam is the hydraulic engineering construction similar on the device to earth dike intended for temporary deduction of water, barrier of the territory, the direction of movement of flow;

7) dyuker - artificial construction which is built if necessary to pass small waterway, for example the irrigation canal, aryk;

8) verandah - the opened or glazed not heated room attached to the apartment house or which is built in it having zastekleniye at least 60 percent. Is also apartment component in multi-storey construction, usually it is not heated, ventilated through the opened shutters of windows, sometimes equipped with protection devices from the sun. Verandahs are widely applied in child care, sanatorium facilities, hospitals;

9) basement store - the floor with mark of half of rooms below planning mark of the earth more than on half of height of the room;

10) the elevated floor - the floor with mark of half of rooms not below planning mark of the earth;

11) notch - method of determination of coordinates of separate point, measurement of the elements connecting its provision with starting point;

12) the collector - communication underground extended construction for transportation of liquid and gases without pipelines;

13) the parking space – the place for the parking of the vehicle in parking (garage in the presence) which is not the non-residential premise and being in individual (separate) property;

14) constructions – artificially created three-dimensional, plane or linear object (land, surface and (or) underground, underwater) having natural or artificial spatial borders and intended for accomplishment of production processes, placement and storage of material values or temporary stay (movement) of people, freights, and also placement (laying, posting) the equipment or communications. The construction can also have art and esthetic, arts and crafts or memorial appointment;

15) winter garden - the heated room with natural lighting intended for placement of exotic and not winter-hardy plants;

16) the main structure - structure on the parcel of land which among other structures is predominating on solidity of construction, on architectural signs and according to the destination. On one parcel of land it is provided one and more main structures;

17) office structures - structures on the parcel of land which in relation to the basic are of secondary importance on the parcel of land. The shed, garages, baths and others belong to office structures;

18) loggia - the platform with overlapping limited from three parties to surface of the bearing (capital) walls and opened from the front party;

19) the mansard floor (penthouse) - the floor in garret space which facade is fully or partially educated surface (surfaces) of inclined, broken or curvilinear roof;

20) the overpass - the artificial construction constructed in the place of crossing of roads in different levels;

21) selespusk - artificial construction which is built for the omission of muddy-debris flows from mountains over the road;

22) conduit - constructions in the form of tunnel, the channel, tray or the pipeline for the omission, water supply under pressure or drift from water intake, water intaking construction to the place of its consumption;

23) 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;

24) tunnel - artificial construction which is under construction for outcome of the crossing streets, for laying in the mountain in case of steep mountain slopes;

25) the technical floor - the floor for placement of the engineering equipment and laying of communications, is located in lower (technical underground), upper (technical attic) or in average parts of the building;

26) technical underground - not heated room located below zero mark of the earth and having height of ceiling of less 1,5 of meters (the schematic plan for technical underground is not drawn);

27) the platform - the room through passage between doors serving for protection against penetration of cold air, smoke and smells in case of entrance to the building, staircase or other rooms;

28) terrace - the protected open extension (platform) to the building or the operated roof of underlying rooms in the form of the platform for rest which can have roof (canopy);

29) shelyga - the straight line connecting the upper points of arch or the code;

30) attic - the superstructure towering over general roof of structure which on the area less underlying floor also has with it the internal message;

31) the ground (semibasement) floor - the floor in case of mark of half of placements below planning mark of the earth on height no more than a half of height of rooms;

32) bay window - the semicircular, triangular or cut glazed ledge in wall of the apartment house. Usually becomes on facade height to several floors.

3. Real estate objects are subdivided into three categories of complexity:

1) the squared structures consisting no more than of four rooms according to appendix of 1 this Instruction belong to the first category of complexity;

2) the structures consisting of two and more rectangles the having no more than fourteen rooms according to appendix of the 2nd this Instruction belong to the second category of complexity;

3) the structures consisting of more than fourteen rooms, figures of difficult configuration with various form of lozenges or curvilinear with the difficult constructive scheme and small architectural forms, according to appendices 3, of 4, of the 5th this Instruction belong to the third category of complexity.

4. Work on the state technical inspection of real estate objects consists from:

1) scheduling of the parcel of land with the actual borders and drawing on it structures and constructions;

2) creation of floor-by-floor plans of the main structures located on the site;

3) creation of the technical description on structural elements of all structures and constructions located on the site with determination of their technical condition;

4) productions of computing works and entering of results of inspection in cadastral passports of real estate objects which are used further for filling of the unified state register of the registered rights to real estate.

Chapter 2. Shooting of the parcel of land and drawing of the schematical plan of the parcel of land (field and cameral works)

5. On uninhabited objects the built-up parcel of land under structures and constructions, with the serving infrastructure, according to the identification document on the parcel of land is subject to shooting. On individual apartment houses, dachas and individual garages, shooting all parcel of land, according to the identification document on the parcel of land is subject. Shooting of the parcel of land is made by geometrical method using gages, tesmyanny and steel roulette, and also with use of other electronic measuring devices. Physical borders of the site are drawn according to symbols, according to appendix 6 to this Instruction (further - Symbols).

6. For carrying out technical inspection of the oversized territories use of topographical materials in scales 1:10 000 is allowed; 1:5000; 1:2000; 1:1000; 1:500 and 1:200.

7. In the course of shooting of the parcel of land all structures and constructions are measured, the extent of borders of the site and its separate parts (grounds) are measured, the exact location (address) of real estate object is established. In case of inspection of the object which is in common ownership measurement of the parcel of land, structure belonging only to the owner customer is made.

In the presence on one real estate object of several owners each of owners if necessary orders the cadastral passport. In case of production of the cadastral passport by one of owners, the cadastral passport without departure on materials of the previous inspection is issued to other owners (in case of lack of access). For accounting of the issued identical cadastral passports, it is necessary to put down mark about number of copy in the face of the cadastral passport which remains stored in inventory case of authorized body. In this case the cadastral passports issued by other owner are not settled.

8. The real estate object is subject to the state technical inspection and issues of the cadastral passport in the presence encumbrance and claim as the cadastral passport is not the title document. In the presence of identification documents on the parcel of land examination with production of the cadastral passport at the request of the owner is conducted.

9. All measurements are performed with accuracy and applied on outline on which the plan of the parcel of land is drawn further. The outline is the source document according to which the plan of the parcel of land is constituted. Erasures on outline are not allowed, separate corrections are accurate and have clause. Redrawing of outline, for giving of accurater type to it, is not allowed. On outline date of creation is specified, the real estate object address, the owner of object (the owner of other corporeal right), surname and the signature of the specialist who executed shooting and the head of department of technical inspection (further - the head of department), purpose of structure, the list surveyed, the demolished structures and constructions, letter, numbers of rooms, the re-equiped structures and constructions, and also are specified the revealed violations. The outline is drawn by pencil or in electronic form. In the absence of changes in quality of outline copies of materials of the previous state technical inspection are used. In case of inspection of real estate object it is admissible to use the copy of the project documentation. The front line on outline is represented parallel to the lower sawn-off shotgun of leaf. Texts and figures on outline are accurate and are located parallel to lines which they treat.

10. Structures and constructions on the parcel of land are measured on all perimeter and for receipt of their correct location on the plan of the site become attached to basic points. Measurement of structures is made for scheduling of the site on the first floor.

11. In case of measurement of the parcel of land the following requirements are observed:

1) on facade of the site components of length of structure, fence, gate, gates, and also general measurement of length of the site are measured. At the same time the amount of private measurements has no discrepancy with general measurement;

2) sides of the site are measured on its borders. In the presence of fence, the measurement is performed taking into account fence thickness. The borders having break are measured in parts to break and from break. Besides, length of such border on straight line is measured. In case of measurement of borders of the site also distances before their crossing with borders of adjacent sites are measured;

3) in the presence on borders of the aryk belonging to two adjacent sites, the size of border undertakes on the center of aryk;

4) in case of measurement of the borders having stone and brick barriers thickness and height of constructions are measured, and in case of forest products fences - their height;

5) in the absence of physical borders between the separate parcels of land conditional borders are established according to land survey documents of title;

6) in structure instead of the first floor land filling for winterization is arranged, measurement of such structure is made for the plan of the site on structure walls, filling at the basis is not entered into building;

7) temporary constructions and all portable equipment, including toilet, summer shower, dustbins, figurative containers, booths, cesspools, wells are not applied on the plan of the site.

12. After check and signing of outline by the head of department cameral works on drawing of the plan of the parcel of land, determination of the areas and amounts of structures are performed. The plan of the parcel of land is drawn with use of the computer equipment, based on the measurements which are written down in outline, in scale from 1:200 to 1:5000 depending on the size of the parcels of land.

13. The plan of the site is located on paper the main facade parallel to the lower sawn-off shotgun of leaf and is guided concerning parts of the world arrow S-Yu.

14. Graphical works on drawing of the plan of the parcel of land contain the following information:

1) on the plan the name of streets, drives is specified;

2) the sizes of the site, grounds, structures, constructions are applied on the plan in black color parallel to the respective lines;

3) auxiliary measurements from outline are not transferred to the plan of the parcel of land;

4) drawing of contours of structures and constructions is made in strict accordance with Symbols;

5) to each structure, extension, construction it is appropriated letters;

6) the main structures literutsya by capital letters of Russian: And, B, In and so on with indication of number of storeys, material of walls and use. In case of shortage of letters of the alphabet the literovka can be continued with putting down near capital letters of the Roman figures;

7) residential and non-residential extensions literutsya by capital letters of Russian of the main structure as a part of which they are located, with addition of digital value of their number one after another: And 1, A2 or B1, B2;

8) cold extensions (terraces, verandahs, platforms and others) literutsya by lowercase letters of the Russian alphabet, respectively letter of the main structure: al, a2 or 1, b2;

9) office structures literutsya by capital letter of with addition of digital designation in the order of the inventory: 1, G2, G3;

10) constructions (including paving, barriers, gate, well, canopies) literutsya by the Roman figures I, II, III, IV;

11) in contour of structure external height with designation by its letter "H" is put down. If the structure is located on slope and thereof height was measured in several places, then the arithmetic average value is put down;

12) contours of cellars, semi-basements and cellars on the plan of the site are shown dotted line in the place of their arrangement;

13) attics, penthouses are noted on structure contour by firm line in places of their arrangement;

14) the stone, brick, samanny fences and barriers having thickness are drawn by the double line with display of their thickness in scale;

15) structures and constructions on the plan of the parcel of land are drawn strictly in scale and painted over according to Symbols.

Chapter 3. Shooting (measurement) of buildings and drawing of floor-by-floor plans (field and cameral works)

15. The main structure with extensions are measured outside and inside from surfaces of walls. In case of lack of finishing in special marks of the cadastral passport it is specified that measurement was made from not trimmed surfaces of walls. All rooms and rooms in them including located in basement, semibasement stores, in attics and penthouses irrespective of their appointment, use, and also all rooms in extensions to this structure are subject to shooting, without excluding cold constructions, when shooting buildings and rooms the outline is drawn.

16. Measurement of the main structure with extensions is outside made at the level of windows of the first floor on all perimeter of walls above the first floor. At the same time, in case of measurement window and doorways it is carried out intermediate counting. In outline such counting registers perpendicularly to the measured line.

17. On outline of the site number of storeys of structure and distribution of structure by its separate parts is specified. In structures of one height, but different number of storeys, measurements undertake separately for each part, and also with different heights and in the presence of extensions to the main structure.

18. When drawing floor-by-floor plans of floors which walls have ledges (sawn-off shotguns) in profile of walls it is necessary to show dotted line projection of ledges (sawn-off shotguns) with all horizontal cuts, painting over only the part of wall getting to section (at height from meter 1,2 floor).

19. Walls, partitions, window and door (including closed up and pledged) apertures, and all other details of the floor-by-floor plan are located and drawn in scale.

20. Platforms, staircases and ladder marches are drawn in scale, at the same time the quantity of steps shall correspond to nature. The direction of raising of ladder march is shown arrow. In overlying floors the sizes of staircases are not put down if staircases end-to-end and have no overlappings.

21. Cuts of ladders in upper floor (corridor, including the living room, the hall) are drawn in scale and the sizes on length and width of cut are put down.

22. In the right bottom corner of format the stamp with the texts specifying the address, the floor of structure and scale of the plan is drawn. The floor-by-floor plan is signed by the specialist and the head of department.

23. Floor-by-floor plans are drawn strictly in scale and painted according to Symbols.

24. The floor-by-floor plans which are not conforming to the above-stated requirements are considered as defective and are subject to alteration, situational schemes and plans are drawn according to this Instruction.

25. In case of measurement of structure outside the small architectural parts of walls which are acting from the general plane of wall on 10 centimeters and not influencing internal dimensions of structure are not measured and do not join in amount.

26. The porch, priyamk, platforms, entrances are measured and applied on the floor-by-floor plan.

27. Structures, chopped with remaining balance, are measured on the plane of walls, without remaining balance, jewelry and pilasters on corners in measurement is not considered. Structures wooden, sheathed outside, are measured on covering.

28. External height of structure is measured from the planned Earth's surface to the upper line of the crowning eaves, that is to the line of crossing of roof with eaves.

29. The parts towering over eaves do not enter measurement. Do not join in the turret height, architectural superstructures which are not influencing structure cubic capacity.

30. External height of multi-storey structures is determined by summing of internal heights of rooms by floors taking into account thickness of inserted and garret floors. Thickness of overlappings in case of this method is determined, measurement on staircase to the internal height of two floors together with the overlapping located between them, exception of this size the amount of internal heights of these floors.

31. Height of the structures standing on slope is measured in several corners depending on Earth's surface bias, and all these measurements are put on the sketch in places of their measurement, according to the figure 1 of appendix 7 to this Instruction.

32. Height of structures with odnoskatny roof without overlapping is measured on walls of the upper and lower slope, average value, according to the drawing 2 appendices of the 7th this Instruction is summed up and undertakes.

33. Height of structures with odnoskatny roof with overlapping is measured on wall of the lower slope.

34. Height of attic is determined as difference of heights by subtraction from house height with attic of height of the main house, according to the figure 3 of appendix 7 to this Instruction.

35. Height of penthouse is measured from penthouse floor to top of filling of garret overlapping. In case of curvilinear outline of overlapping of penthouse it is necessary to accept average height, according to the figure 4 of appendix 7 to this Instruction.

36. Height of bay window is determined as difference of heights from base sawn-off shotgun to the upper and lower plane of bay window.

37. External heights of structures and constructions are noted on outline in the taken places.

38. In the presence in structure of the cellar, semi-basement measurement of external heights is made from the crowning line of eaves to the earth and, besides, deepening of the cellar, semi-basement is measured. Deepening is measured in that point in which height is measured. In structures on slope deepening is measured in several places depending on bias and it is obligatory in those places where the external height of structure was measured.

39. Internal measurement of rooms and rooms is made from surfaces of walls and partitions at height 1, of meter from floor. In case of impossibility of measurement it is direct on the plane of walls or partitions it is allowed to perform measurements parallel measurements, according to the figure 5 of appendix 7 to this Instruction.

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