ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of May 6, 2013 No. 156

About approval of Rules and terms of entering into information system of the legal inventory of identification and technical data of real estate on newly created real estate, carrying out the state technical inspection of real estate, Rules of rendering the state service "Issue of the Duplicate of the Cadastral Passport of Real Estate Object" and Rules of assignment of cadastral number to primary and secondary real estate objects

For the purpose of realization of item 4 of article 18 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:

1) Rules and terms of entering into information system of the legal inventory of identification and technical data of real estate on newly created real estate, carrying out the state technical inspection of real estate and the Rule of rendering the state service "Issue of the duplicate of the cadastral passport of real estate object;

2) Rules of assignment of cadastral number to primary and secondary real estate objects according to appendix 2 to this order.

2. To provide to department of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan state registration of this order and its official publication according to the procedure, established by the legislation.

3. To impose control of execution of this order on the Vice-Minister of Justice of the Republic of Kazakhstan Kustavletov D. R. and the chairman of Committee of registration service and rendering the Ministry of Justice of the Republic of Kazakhstan to legal assistance Abishev B. Sh.

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

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of May 6, 2013 No. 156

Rules and terms of entering into information system of the legal inventory of identification and technical data of real estate on newly created real estate, carrying out the state technical inspection of real estate and the Rule of rendering the state service "Issue of the Duplicate of the Cadastral Passport of Real Estate Object"

Chapter 1. General provisions

1. These rules and terms of entering into information system of the legal inventory of identification and technical data of real estate on newly created real estate, carrying out the state technical inspection of real estate and the Rule of rendering the state service "Issue of the Duplicate of the Cadastral Passport of Real Estate Object" are developed according to the Laws of the Republic of Kazakhstan "About state registration of the rights to real estate" (further - the Law) and "About the state services" and determine procedure and terms of entering into information system of the legal inventory of identification and technical data of real estate on newly created real estate, issue of the Conclusion about establishment of discrepancies of identification and technical data of newly created real estate and rendering the state services "Entering Into Information System of the Single State Immovable Property Cadastre of Identification and Technical Data of Buildings, Constructions and (Or) Their Components on Newly Created Real Estate, Issue of the Cadastral Passport of Real Estate Object and the Conclusion About Establishment of Discrepancies of Identification and Technical Data Following the Results of the Conducted State Technical Examination of Newly Created Real Estate Object" and "Issue of the Duplicate of the Cadastral Passport of Real Estate Object".

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

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

2) field works - works on measurement of real estate object with departure of the specialist on the location of real estate object with creation of outline.

3) cameral works - works on calculation of all areas and amounts of real estate object, to drawing of the parcel of land and the floor-by-floor plan, filling of forms of the cadastral passport of real estate object, forming of inventory case, data entry in information systems;

4) outline - the schematic plan of the parcel of land, capital structure (the building, construction), the isolated room, the incomplete preserved capital structure (the building, construction), the parking space on which contours of the real estate unit and its structural elements, results of measurements, the names and other data necessary for creation of the exact plan of the real estate unit are shown;

5) technical characteristics - descriptions of structural elements of real estate object as a result of the state technical inspection or reconstruction, re-planning, re-equipment necessary for maintaining the legal inventory;

6) cadastral number – individual, not repeating in the territory of the Republic of Kazakhstan, number of real estate object;

7) the dwelling – the separate residential unit (the individual apartment house, the apartment, the room in the hostel, the modular (mobile) apartment house) intended and used for permanent residence, answering to the established construction, sanitary, environmental, fire protection and other obligatory standards and rules;

8) the non-residential premise - the separate internal space in the apartment apartment house corresponding to construction, sanitary, environmental, fire protection and other obligatory standards and rules, provided on project stage which borders are internal surfaces of walls, floor and ceiling (interfloor overlappings) if other is not stipulated by the legislation the Republic of Kazakhstan, used in others, than permanent residence, the purposes (office, shop, cafe, hotel, hostel and other objects of service industry to the population) and being in individual (separate) property, except for common property of object of condominium;

9) 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.

3. For the purpose of establishment of discrepancies of the identification and technical data containing in the title document with actual data of newly created real estate the owner has the right to submit the application to registering body for identification of such discrepancies by results of which the conclusion in the form established by authorized body is drawn up.

Identification of discrepancies is made following the results of the conducted state technical examination.

The state services "Entering Into Information System of the Single State Immovable Property Cadastre of Identification and Technical Data of Buildings, Constructions and (Or) Their Components on Newly Created Real Estate, Issue of the Cadastral Passport of Real Estate Object and the Conclusion About Establishment of Discrepancies of Identification and Technical Data Following the Results of the Conducted State Technical Examination of Newly Created Real Estate Object" and "Issue of the Duplicate of the Cadastral Passport of Real Estate Object" are non-commercial joint-stock company "The Government for Citizens state corporation (further – the service provider) in the location of the real estate unit.

Chapter 2. Procedure for rendering the state service "Entering into Information System of the Single State Immovable Property Cadastre of Identification and Technical Data of Buildings, Constructions and (or) Their Components on Newly Created Real Estate, Issue of the Cadastral Passport of Real Estate Object and the Conclusion about Establishment of Discrepancies of Identification and Technical Data following the results of the Conducted State Technical Examination of Newly Created Real Estate Object"

4. The list of the main requirements to rendering the state service is provided in the List of the state service "Entering into Information System of the Single State Immovable Property Cadastre of Identification and Technical Data of Buildings, Constructions and (or) Their Components on Newly Created Real Estate, Issue of the Cadastral Passport of Real Estate Object and the Conclusion about Establishment of Discrepancies of Identification and Technical Data following the results of the Conducted State Technical Examination of Newly Created Real Estate Object" (further – the List No. 1) according to appendix 1 to these rules.

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