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I.O'S ORDER. MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 24, 2007 No. 241

About approval of Rules of state registration of object of condominium

(as amended on 12-07-2021)

For the purpose of implementation of the Law of the Republic of Kazakhstan "About state registration of the rights to real estate", being guided by article 7 of the Law of the Republic of Kazakhstan "About judicial authorities", PRIKAZYVAYU:

1. Approve the enclosed Rules of state registration of object of condominium.

2. Declare invalid the order of the Agency on registration of the real estate and legal entities of the Ministry of Justice of the Republic of Kazakhstan of April 27, 1998 No. 75 "About approval of the Temporary instruction for registration of object of condominium", registered in the Register of state registration of regulatory legal acts for No. 637.

3. This order becomes effective from the date of its official publication.

Acting Minister

It is approved

Ministry of Agriculture of the Republic of Kazakhstan

September 14, 2007

 

Approved by the Order of the acting minister of justice of the Republic of Kazakhstan of August 24, 2007 No. 241

Rules of rendering the state service "State Registration of Object of Condominium"

Chapter 1. General provisions

1. These rules are developed according to Item 5 of article 39 of the Law of the Republic of Kazakhstan "About state registration of the rights to real estate" and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" and determine procedure for state registration of object of condominium.

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

1) 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;

2) hydromeliorative condominium - special pattern of ownership on the real estate as single property complex (further - object of hydromeliorative condominium) in case of which the corporeal right to the parcels of land belongs to physical persons and legal entities, and the hydromeliorative system or its elements belong to them on the right of common ownership.

3. According to the legislation on registration of the rights to real estate object of condominium is registered in Non-commercial joint-stock company "The Government for Citizens state corporation (further - the service provider), performing state registration, in the location of real estate.

For state registration of object of condominium to the service provider the written application in form, according to appendix 1 to these rules (further – the statement) at least from two owners of apartments, non-residential premises of the apartment apartment house is submitted.

In case of state registration of object of condominium the service provider enters data in the legal inventory according to the Law of the Republic of Kazakhstan "About the housing relations".

4. If at the time of state registration of object of condominium in the legal inventory there are no data on registration of the right to the parcel of land, the service provider enters data on the parcel of land from the automated information system of the state land cadastre.

In case of absence in the automated information system of the state land cadastre of data on the parcel of land the service provider sends to local executive body the notification on registration of the rights to the parcel of land according to the legislation of the Republic of Kazakhstan.

5. Registration of object of condominium consists in confirmation of the property rights based on the submitted documents by entering into information system the State database "Register of the Real Estate" (further - GBD RN) the corresponding data identifying the parcel of land, primary objects and characteristics of secondary objects, and also data on right type, form of common property (other corporeal right), necessary for registration of object of condominium, and automatic detection of the sizes of shares of members of condominium in common property.

6. The size of shares of members of condominium in common property is determined by the relation of the usable space residential and the areas of the non-residential premise which is in separate (individual) property (other corporeal right) to the amount of the usable spaces of all residential and the areas of all non-residential premises which are in this object of condominium.

7. Before registration of object of condominium of the transaction of members of the condominium or body managing object of condominium, connected with common property, do not acquire legal force.

8. In case of privatization of the apartment apartment house initial registration of object of condominium is made by the state body performing privatization.

9. Change of structure of common property of object of condominium and (or) the size of shares of owners of apartments, non-residential premises in common property of object of condominium as a result of change of total area of apartments and the areas of non-residential premises of the apartment apartment house is subject to state registration. Modification and amendments is made according to the procedure, established by these rules.

10. The procedure for state registration of object of condominium established by these rules extends also to other types of condominiums.

Chapter 2. Procedure for rendering the state service "State Registration of Object of Condominium"

11. The list of the main requirements to rendering the state service is provided in the Standard of the state service "State Registration of Object of Condominium" (further – the Standard) according to appendix 2 to these rules.

Reception of an application and issue of result of rendering the state service is performed through the service provider, in the location of the real estate unit of uslugopoluchatel or the web portal of "the electronic government": www.egov.kz (further – the portal).

The basis for the procedure (action) for rendering the state service is the address of uslugopoluchatel to the service provider with document package according to the list provided in Item 8 of the Standard.

12. Procedure for rendering the state service through the service provider:

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