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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 24, 2015 No. 110

About approval of Rules of carrying out systematic registration of the rights to real estate in the legal inventory

(as amended on 29-03-2021)

According to Item 1 of article 57 of the Law of July 26, 2007 "About state registration of the rights to real estate", PRIKAZYVAYU:

1. Approve Rules of carrying out systematic registration of the rights to real estate in the legal inventory according to appendix 1 to this order.

2. To provide to department of registration service and organization of legal services in the procedure established by the legislation state registration of this order and its official publication.

3. To impose control of execution of this order on the supervising Deputy minister of justice of the Republic of Kazakhstan.

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

Minister of Justice of the Republic of Kazakhstan

B. Imashev

It is approved

Minister of Finance of the Republic of Kazakhstan

"__" ________ 2015

 

________ B. Sultanov

It is approved

Minister of national economy of the Republic of Kazakhstan

"__" ________ 2015

 

___________ E.Dosayev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of February 24, 2015 No. 110

Rules of carrying out systematic registration of the rights to real estate in the legal inventory

Chapter 1. General provisions

1. These rules of carrying out systematic registration of the rights to real estate in the legal inventory (further - Rules) are developed according to Item 1 of article 57 of the Law of the Republic of Kazakhstan "About state registration of the rights to real estate" which determine terms and procedure for carrying out systematic registration of the rights (encumbrance of the rights) for the purpose of replenishment of the legal inventory data on earlier arisen rights (encumbrances of the rights) to real estate and has accounting character.

2. Date of emergence of earlier arisen right (encumbrance of the right) to real estate in case of systematic registration is determined based on documents of title according to the legislation of the Republic of Kazakhstan existing at the time of emergence of earlier arisen right (encumbrance of the right).

3. These rules extend to local executive bodies of areas, cities of republican value, the capital, authorized bodies on land relations, for architecture, town planning and construction of local executive bodies of areas, cities of republican value, the capital, areas, cities of regional value, authorized body on state-owned property and its territorial authorities (further – state bodies) and registering body.

4. The main objective of state bodies in case of state registration of the rights to real estate is providing registering body with information on real estate objects, their owners, types and bases of emergence of the rights to real estate.

5. In these rules the following terms and determinations are used:

1) 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;

2) 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;

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) 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;

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

6) 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;

7) 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;

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) 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;

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

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

12) 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;

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

14) 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;

15) 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;

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