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LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 26, 2007 No. 310-III ZRK

About state registration of the rights to real estate

(as amended on 29-06-2020)

This Law determines the purposes, tasks and the legal basis in the field of state registration of the rights to real estate.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) preferential interests - the rights (encumbrance of the rights) to real estate which according to this Law and other legal acts are not subject to obligatory state registration in the legal inventory and are recognized valid without state registration;

2) earlier arisen right (encumbrance of the right) - the right (encumbrance of the right) to real estate which arose till March 1, 1996 and is valid on condition of its compliance to the legislation existing at the time of emergence of the appropriate right;

3) accounting registration - registration of the rights (encumbrance of the rights) for real estate for the purpose of accounting of the rights (encumbrance of the rights) to real estate valid without state registration in the legal inventory, including earlier arisen rights;

4) personal servitude - the servitude for benefit of certain person which is not connected with possession of it of the dominating real estate object;

5) real estate (real estate) - the parcels of land, buildings, constructions and other property firmly connected with the earth that is objects which movement without disproportionate damage to their appointment is impossible;

6) state registration of the rights to real estate (further - state registration) - compulsory procedure of recognition and confirmation by the state of origin, change or the termination of the rights (encumbrance of the rights) to real estate and other subjects to state registration in the legal inventory according to the procedure and the terms established by this Law and other laws;

7) primary real estate object - buildings and constructions of various functional purpose, and also subjects to special regulation and town-planning regulation;

8) secondary real estate object - residential and non-residential premises to which for the purpose of registration of the rights to them cadastral numbers as to objects of the individual (separate) property right (other corporeal right) are assigned;

9) encumbrance of the right to real estate - any restriction of the right to the real estate which arose according to the procedure, provided by the laws of the Republic of Kazakhstan or the agreement of the parties and expressed in restriction of competence of the owner for ownership, use and (or) the order with real estate;

10) forming of real estate object - process of establishment of unique identification characteristics of real estate object and assignment to it cadastral number;

11) the serving real estate object - the real estate object encumbered with the servitude;

12) identification characteristics of real estate object - data on the real estate unit, including the address, registration code of the address (in case of its availability), real estate type, cadastral number, pattern of ownership, quantity of components, category of lands, divisibility, purpose, number of storeys, the area (general, residential, useful), necessary for the purposes of maintaining the legal inventory;

13) legal claims - dispositive facts which demonstrate contest by the third parties or availability of interest concerning the rights to real estate;

14) cadastral number - individual, not repeating in the territory of the Republic of Kazakhstan, number of real estate object which is assigned according to the procedure, established by the legislation of the Republic of Kazakhstan;

15) object of condominium - the property complex consisting of the parcel of land (parcels of land), primary and secondary objects on which the property on real estate in the form of condominium is established according to the legislation of the Republic of Kazakhstan;

16) documents of title - documents based on which arise change and stop the rights (encumbrance of the rights) to real estate;

16-1) electronic copy of the title document - the electronic document which is completely reproducing information of the authentic paper document in electronic and digital form with the digital signature of the witness;

17) the legal inventory - the unified state register of the registered rights (encumbrances of the rights) to real estate;

18) systematic registration of earlier arisen rights in the legal inventory - accounting registration of the rights (encumbrance of the rights) for real estate which arose before introduction of system of state registration of the rights to real estate and valid if they correspond to the legislation existing at the time of their origin;

19) data from the legal inventory - information on the registered rights (encumbrances of the rights) to real estate and other subjects to state registration containing in the legal inventory and the copies of documents which are in registration case, provided by registering body;

20) the state technical inspection of real estate - determination of technical, identification characteristics of the buildings, constructions and their components necessary for maintaining the legal inventory;

21) subject to state registration - the rights which are subject to state registration in the legal inventory and encumbrances of the rights to real estate, and also legal claims;

21-1) registration codes of the address – unique code of the address of real estate object;

22) the applicant - the owner, the acquirer and other persons for the benefit of whom state registration is performed;

23) the authorized representative of the applicant - person who on behalf of the applicant submits the application and performs other actions connected with state registration owing to the power based on the power of attorney, the legislation, the judgment or the legal act;

24) the servitude - the right of limited target use of others parcel of land and (or) other real estate object, including for pass, journey, laying and operation of necessary communications and other needs;

25) technical data sheet - the document of the established form constituted by results of the state technical inspection of real estate, containing the technical, identification characteristics of primary or secondary object necessary for maintaining the legal inventory;

26) registration case - part of the legal inventory in which by the object principle storage of the copy of the documents submitted on state registration is performed;

27) registering body - The Government for Citizens State corporation performing state registration in the location of real estate;

28) authorized body - the state body exercising state regulation and control of activities in the sphere of state registration of the rights to real estate and the state technical inspection of real estate;

28-1)  No. 156-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.05.2018;

29) the servitude for benefit of the dominating parcel of land or other real estate object - the servitude established for benefit of the owner (other owner) of another, as a rule, of the neighboring real estate for satisfaction of its needs including for pass, journey, carrying out water and other purposes;

30) the dominating real estate object - the real estate unit, the owner (other owner) of which has the right of limited target use of others real estate (servitude);

31) electronic registration - the state registration performed based on the electronic copy of the title document arriving in registering body by means of information system of the legal inventory.

Article 2. Coverage of this Law

1. This Law is applied to the relations on state registration of the rights to real estate.

2. Operation of this Law does not extend to air and ocean ships, vessels of internal water swimming, court of swimming "river sea", space objects.

Article 3. Subjects to state registration

1. Origin, change and the termination of the rights (encumbrance of the rights) to real estate, and also legal claims are subject to state registration in the legal inventory.

2. In the legal inventory neither transfer, nor encumbrance, nor change or the termination of the right to real estate while such right is not registered according to the procedure, established by this Law, except as specified, provided by Chapter 6 of this Law can be registered.

Article 4. State registration of the rights to real estate

The following rights to real estate are subject to state registration in the legal inventory:

1) property right;

2) right of economic maintaining;

3) right of operational management;

4) the land use right for the term of at least one year;

5) the servitude for benefit of the dominating parcel of land or other real estate object for the term of at least one year.

Other rights can be registered at the request of owners.

Article 5. State registration encumbrance of the rights to real estate

The following encumbrances of the rights to real estate are subject to state registration in the legal inventory:

1) right to use for the term of at least one year, including lease, free use, servitudes, the right of the perpetual maintenance with dependence, rent;

2) the right of trust management, including in case of guardianship, guardianship, in heritable legal relationship, bankruptcy and others;

3) pledge;

4) arrest;

5) restriction (prohibition) for use, the order with real estate or for accomplishment of certain works, imposed by state bodies within their competence;

6) other encumbrances of the rights to real estate provided by the laws of the Republic of Kazakhstan, except for preferential interests.

Article 6. State registration of changes of the rights (encumbrance of the rights) to real estate

1. Are subject to state registration in the legal inventory:

1) change of the identification characteristics of real estate object necessary for maintaining the legal inventory, except as specified, stipulated in Item 2 these Articles;

2) change of the information about the owner containing in registration leaf of the legal inventory;

3) change of type of the right, except for case of change of type of the right based on the legal act;

4) change of conditions of agreements if they concern the data containing in registration leaf influence amount of the rights established on real estate object or if they be registered by agreement of the parties;

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