RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of April 9, 2025 No. 187

About approval of the Instruction about procedure for charge and payment of penalty fee for untimely registration of the rights and encumbrances (restrictions) of the rights to real estate

According to article 7 of the Law of the Kyrgyz Republic "About state registration of the rights to real estate and transactions with it", articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve the Instruction about procedure for charge and payment of penalty fee for untimely registration of the rights and encumbrances (restrictions) of the rights to real estate according to appendix.

2. This resolution becomes effective after seven days from the date of official publication.

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of April 9, 2025 No. 187

The instruction about procedure for charge and payment of penalty fee for untimely registration of the rights and encumbrances (restrictions) of the rights to real estate

1. This Instruction is developed for the purpose of realization of part 2 of article 7 of the Law of the Kyrgyz Republic "About state registration of the rights to real estate and transactions with it" (further - the Law) and determines procedure for charge and payment of penalty fee for delay of registration of the rights to real estate.

2. All legal entities and physical persons shall provide for obligatory state registration of the rights and encumbrances (restrictions) of the rights to real estate the documents of title confirming origin, transition, the termination and restriction of the rights to real estate which are subject to obligatory state registration according to part 1 of article 7 of the Law no later than thirty days from the moment of the conclusion (creation) of such documents.

3. Charge of penalty fee is made by local registration body from the date of, the 30-days term following behind the last day established by the Law for obligatory registration.

4. The penalty fee is charged in the amount of percent 0,09 from the amount of payment for registration of the rights and encumbrances (restrictions) of the rights to real estate for each day of delay.

At the same time the total amount of the added penalty fee cannot exceed 100 percent of the amount of payment for registration.

5. The penalty fee is paid in case of filing of application on registration by legal entities and physical persons either the owner personally or person having the right to filing of application.

6. The means received from collection of penalty fee arrive in the republican budget.

7. The penalty fee cannot be paid in parts.

8. If when charging penalty fee the calculating mistake therefore the penalty fee amount which is subject to payment appeared less was made, the legal entity or physical person shall make surcharge.

9. If as a result of calculating mistake the amount of penalty fee was overestimated, excessively paid amount returns to the applicant.

10. If the calculating error when charging penalty fee was found after the applicant left the building of local registration body, then the notification on need to address to local registration body for production of return of excessively paid amount of penalty fee to it or implementation of its surcharge goes to its address.

11. Payment of penalty fee does not remove obligations on payment for registration of the rights to real estate.

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