ORDER OF THE MINISTER OF INDUSTRY AND CONSTRUCTION OF THE REPUBLIC OF KAZAKHSTAN

of December 25, 2025 No. 551

About approval of Rules of the choice by the Single operator of house construction of the contractor (prime contractor)

According to the subitem 2) Item 1 of article 38 of the Law of the Republic of Kazakhstan "About equity in house construction" PRIKAZYVAYU:

1. Approve the enclosed Rules of the choice by the Single operator of house construction of the contractor (prime contractor).

2. To provide to committee on cases of construction and housing and communal services of the Industry ministry and construction 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 Industry ministry and construction of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Industry and construction of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Industry and construction of the Republic of Kazakhstan of December 25, 2025 No. 551

Rules of the choice by the Single operator of house construction of the contractor (prime contractor)

Chapter 1. General provisions

1. These rules of the choice by the Single operator of house construction of the contractor (prime contractor) are developed according to the subitem 2) of Item 1 of article 38 of the Law of the Republic of Kazakhstan "About equity in house construction" (further - the Law) and determine procedure for the choice by the Single operator of house construction of the contractor (prime contractor).

2. In these rules the following basic concepts are used:

1) complex of individual apartment houses - the separate buildings in number of at least fifty intended for personal (family) accommodation no more than three floors high taking into account penthouse and the first floor which construction is provided by the design estimates;

2) guarantee - the obligation of the Single operator of house construction on the organization of completion of construction of the apartment apartment house and (or) complex of individual apartment houses in case of approach of warranty case and transfer of share in the apartment apartment house and (or) complex of individual apartment houses to shareholders under agreements on equity in house construction;

3) warranty case - the event or set of events determined by this Law with which approach at the Single operator of house construction arise the obligation on completion of construction of the apartment apartment house and (or) complex of individual apartment houses and responsibility to shareholders under the agreement on provision of a guarantee for equity in house construction;

4) the guarantee fee - the amount of money paid by the authorized company to the Single operator of house construction under the agreement on provision of a guarantee for equity in house construction;

5) the project cost of the apartment apartment house or complex of individual apartment houses (further - project cost) - the cost of building and construction works, costs for project management, author's and technical supervisions, remuneration on loans and other expenses provided by this Law;

6) equity in house construction - the relations of the parties based on the agreement on equity in house construction;

7) participants of equity in house construction - the builder, the authorized company, the contractor (prime contractor), bank of the second level, engineering company, the Single operator and the shareholder;

8) engineering company in the field of equity in house construction (further - engineering company) - the legal entity performing engineering services in the field of architecture, town planning and construction, accredited in the procedure established by the legislation of the Republic of Kazakhstan and conforming to requirements of this Law;

9) engineering services in the field of equity in house construction - complex of engineering services in the field of architectural, town-planning and construction activities, including for monitoring of the course of construction of the apartment apartment house or complex of individual apartment houses and to control of target use of the money directed to construction of the apartment apartment house or complex of individual apartment houses;

10) the builder in the field of equity in house construction (further - the builder) - the legal entity performing activities for the organization of equity in house construction of apartment apartment houses and (or) complex of individual apartment houses by own and (or) attracted money by means of participation in the authorized capital of the authorized company;

11) authorized body in the field of equity in house construction (further - authorized body) - the central executive body performing management and also within the competence cross-industry coordination in the field of equity in house construction;

12) the agreement on equity - the agreement signed between the authorized company and the shareholder, regulating the legal relationship of the parties connected with equity in house construction in case of which one party shall provide construction of the apartment apartment house or complex of individual apartment houses and to transfer in house construction upon completion of construction to the second party share in the apartment apartment house or complex of individual apartment houses, and the second - to make payment and to accept share in the apartment apartment house or complex of individual apartment houses;

13) the Single operator of house construction (further - the Single operator) - the mortgage organization with direct or indirect participation of the state in the authorized capital which purpose is participation in realization of state policy in the field of ensuring availability of housing to the population of the Republic of Kazakhstan via mechanisms of mortgage lending and provision of rent housing, development of shared-equity house construction, and also ensuring availability of financial resources to building sector;

14) the authorized company - the legal entity, hundred percent of voting shares (shares in the authorized capital) which belong to the builder, performing activities for ensuring shared-equity construction of the apartment apartment house or complex of individual apartment houses and realization of shares in the apartment apartment house or complex of individual apartment houses which has no right to be engaged in any other business activity, except for activities in special economic zones;

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