1. The state service "State Registration of the Rights (Encumbrances) to Real Estate" (further – the state service).

2. The standard of the state service is developed by the Ministry of Justice of the Republic of Kazakhstan (further – the Ministry).

3. The state service appears territorial authorities of justice (further – the service provider).

Reception of an application and issue of result of rendering the state service is performed through:

1) the non-commercial The Government for Citizens State corporation joint-stock company (further – the State corporation), on the location of the real estate unit of uslugopoluchatel;

2) web portal of "the electronic government": www.egov.kz (further – the portal).

2. Procedure for rendering the state service

4. Terms of rendering the state service:

1) from the moment of delivery of document package uslugopoluchatel in case of the appeal to the State corporation:

on state registration of origin, change or the termination of the rights (encumbrances of the rights) to real estate and other subjects to state registration – within five working days from the moment of receipt of the statement to the service provider, (day of documents acceptance does not enter rendering the state service in time, at the same time the service provider provides result of rendering the state service a day before the termination of term of rendering);

on state registration of the rights to real estate in the accelerated procedure – the next working day from the moment of receipt of the statement in the State corporation (if in the State corporation the statement is adopted after 18 hours or on Saturday, then calculation of term for the service provider begins the next working day);

on registration of encumbrances (the terminations of the encumbrances) imposed by state bodies and other authorized persons and also legal claims from the moment of receipt of the statement of uslugopoluchatel – it is performed immediately (the performed documents are issued to uslugopoluchatel no later than one working day from the moment of receipt of the statement to the service provider);

on registration of origin or change of pledge of real estate, and also issue of the mortgage certificate, when providing with pledge obligation fulfillment according to the loan agreement, subsidized with joint-stock company "Fund of development of entrepreneurship "Lady" within program implementation "The road map of business of 2020", Murabakh, Idzhar and Istisn's agreements within implementation of "The road map of development of Islamic financing till 2020" – within three working days from the moment of receipt of the statement to the service provider (day of documents acceptance does not enter rendering the state service in time, at the same time the service provider provides result of rendering the state service a day before the termination of term of rendering);

in case of registration for the first time, the arising right to real estate units with a total area more than 1000 square meters based on the act of the state inspection (and in the cases established by the state standard rates the act of inspection) about acceptance of the constructed object in operation and the difficulties belonging to the first category, it is issued for the second working day.

Categories of complexity of the real estate unit is reflected in technical data sheet.

Rendering the state service stops no more than for one month in the following cases:

1) under the resolution (determination) of court based on claim and other statements (claims) which are filed a lawsuit;

2) according to acts of public prosecutor's supervision before elimination of violation of the law;

3) according to the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of income gained in the illegal way and to terrorism financing";

4) non-presentations by uslugopoluchatel of all documents, stipulated in Item 9 these standards of the state service if lack of necessary documents was not the basis for refusal in documents acceptance on registration;

5) for receipt of explanations or reclamation from state bodies of necessary information in connection with its absence in the documents proceeding from such bodies or availability of contradictions in such documents if the specified circumstances were not the bases for refusal in documents acceptance on registration;

6) in case of discrepancy of the subject to registration established based on documents of title, and the subject to registration specified in the statement for elimination of contradiction between them.

The decision on suspension of rendering the state service is made by the service provider from the moment of documents acceptance, but no later than the expiration of rendering the state service.

In case of suspension of rendering the state service the service provider sends to the State corporation, to single notarial information system (further – ENIS), on the portal in personal account of uslugopoluchatel and e-mail addresses of participants of the transaction (in the presence) the written notice with indication of the reasons and terms of suspension for the subsequent issue of the notification to uslugopoluchatel (the authorized representative of uslugopoluchatel).

According to the transactions certified by the notary the state service it appears notaries by interaction of ENIS and the direction of the electronic copy of the title document in information system of the legal inventory (further – electronic registration).

In case of electronic registration in case of lack of confirmation about payment of collection through payment gateway of "the electronic government" (further – PShEP) within three working days from the moment of receipt of electronic request, in the state database of "the register of the real estate" (further – GBD RN) rendering the state service automatically stops;

2) the most allowed time of expectation for delivery of document package uslugopoluchatel to the service provider – no more than 20 minutes;

3) the most allowed time of servicing of uslugopoluchatel – no more than 20 minutes.

From the moment of the address of uslugopoluchatel to the notary, electronic registration appears within one working day from the moment of receipt in information system GBD RN of confirmation about payment of collection or release from payment of collection for state registration.

5. Form of rendering the state service – electronic (partially automated) and (or) paper.

6. Result of rendering the state service in case of the address:

1) in the State corporation the title document with mark on the made state registration of the rights (encumbrances) to real estate or suspension of registration or the written motivated answer about refusal in rendering the state service, on the bases, stipulated in Item 10 these standards of the state service, and also issue of the certificate on state registration (on paper) in the cases provided by legal acts of the Republic of Kazakhstan is;

2) on the portal behind electronic registration the direction of the notice of registration or suspension of registration or the written motivated answer about refusal in rendering the state service, in cases and on the bases, stipulated in Item 10 these standards of the state service in the form of the electronic documents certified by the electronic and digital signature (further – the EDS) the authorized officer is.

By provision of the motivated answer about refusal in rendering the state service, the document on payment of the registration fee can be shown by uslugopoluchatel in case of repeated submission of documents on registration.

Form of provision of result of rendering the state service - electronic and paper.

The result of rendering the state service in case of electronic registration by the service provider goes to ENIS, to the portal in "personal account" of uslugopoluchatel and to e-mail addresses of participants of the transaction (in the presence).

7. The state service is rendered for a fee to physical persons and legal entities (further - uslugopoluchatel):

1) the amount is estimated at the rates established according to article 456 of the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) and paid before submission of the relevant documents for place of registration of subject to taxation, except for persons exempted from payment of collection according to article 457 of the Tax Code, rates of the registration fees on the state service "State Registration of the Rights (Encumbrances) to Real Estate" are stated in annex 1 to this standard of the state service;

2) when giving by means of ENIS of electronic request for receipt of service of electronic registration, payment is performed within three working days on the portal in personal account of uslugopoluchatel through PShEP based on information on number of request assigned to ENIS;

3) the electronic check about payment of the state collection goes to the portal – to "personal account" of uslugopoluchatel. Information on payment is saved in the history of fee.

8. Working schedule:

1) the State corporation – Monday through Saturday inclusive, except for Sunday and holidays, according to the Labor code of the Republic of Kazakhstan, according to the established working schedule of the State corporation from 9:00 till 20:00 o'clock without interruption for lunch.

The state service is rendered according to the procedure of "electronic" queue, without the accelerated servicing, the electronic queue by means of the portal is reserved;

2) by means of ENIS, according to the working schedule of notaries;

3) the portal – round the clock, except for technical breaks in connection with carrying out repair work (in case of the address after the termination of working hours, Sunday and holidays according to the Labor code of the Republic of Kazakhstan, reception of applications and issue of results of rendering the state service is performed the next working afternoon).

9. List of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (owner) or his representative: for the legal entity according to the document, confirming powers;

for physical person under the notarized power of attorney or other document confirming its powers:

in the State corporation:

for physical person:

1) the statement for state registration of the rights (encumbrances of the rights) to real estate of the established form according to appendix 2 to this standard of the state service;

2) the identity document of uslugopoluchatel (physical person) (the original is provided for identification of the identity of uslugopoluchatel);

3) the title document confirming subject to registration. In case of registration of the right (encumbrance) for the parcel of land it is represented the identification document on the parcel of land.

In case of concession of the rights (requirements) for agreements of pledge of real estate the agreement on concession of the rights (requirements) is submitted (the agreement on simultaneous transfer of assets and obligations);

4) the document confirming payment in the budget of the amount of the registration fee, or the document confirming separate category of privileges and exempting from payment of charges.

For the legal entity:

1) the statement for state registration of the rights (encumbrances of the rights) to real estate of the established form according to appendix 3 to this standard of the state service;

2) the title document confirming subject to registration. In case of registration of the right (encumbrance) for the parcel of land it is represented the identification document on the parcel of land.

In case of concession of the rights (requirements) for agreements of pledge of real estate the agreement on concession of the rights (requirements) is submitted (the agreement on simultaneous transfer of assets and obligations);

3) the document confirming payment in the budget of the amount of the registration fee, or the document confirming separate category of privileges and exempting from payment of charges;

4) constituent documents;

5) protocols of meetings (the statement from them) founders (participants, the board of directors, shareholder council) on acquisition or alienation of real estate objects, in the cases provided by legal acts of the Republic of Kazakhstan or constituent documents;

6) foreign legal entities represent the legalized statement from the trade register or other legalized document certifying that the foreign legal entity is legal entity by the legislation of foreign state, with notarially attested transfer into the state and Russian languages.

If the registration application contains data that aggregate book value of the acquired or sold assets exceeds the sizes established by the antitrust law of the Republic of Kazakhstan, uslugopoluchatel the prior written consent of antimonopoly authority is represented.

In case of electronic registration:

1) the request in electronic form certified by the EDS of the notary;

2) the identity document of uslugopoluchatel (physical person) (the original is provided for identification of the identity of uslugopoluchatel);

3) the documents of title confirming subject to registration, certified at the notary – electronically are attached by the notary to electronic request;

4) payment in the budget of the amount of the registration fee, or the document confirming separate category of privileges and exempting from payment of charges for categories: separately living pensioners and the small business entities which are engaged in preparation and personnel training within three years from the moment of state registration – it is electronically attached to electronic request;

5) e-mail addresses on the Internet of participants of the transaction (in case of their availability).

The data containing in the state information systems, on the identity document, on state registration (re-registration) of the legal entity, on the participant of the Great Patriotic War and equated to them to persons, about persons awarded with awards and medals of the former USSR for dedicated work and faultless military service in the back in days of the Great Patriotic War, about persons who worked (served) at least six months from June 22, 1941 to May 9, 1945 and not awarded with awards and medals of the former USSR for dedicated work and faultless military service in the back in days of the Great Patriotic War, about disabled people, and also about one of the disabled person's parents since the childhood;

about orphan children and children without parental support, before achievement of eighteen-year age by them;

about oralmans the employee of the State corporation and the notary receives from the corresponding state information systems through information system of the State corporation through lock of "the electronic government".

In case of receipt of the state service the uslugopoluchatel provides the written consent to use of the data which are the secret protected by the law, containing in information systems if other is not provided by the laws of the Republic of Kazakhstan.

In case of documents acceptance the employee of the State corporation verifies documents with the data provided from the state information system of state body then returns to uslugopoluchatel.

When giving by uslugopoluchatel of all necessary documents:

in the State corporation – the receipt on acceptance of the relevant documents is issued to uslugopoluchatel;

in case of electronic registration by the notary information on the unique number of request assigned to ENIS is issued to uslugopoluchatel.

In the State corporation issue of the document to uslugopoluchatel is performed based on the receipt, in case of presentation of the identity certificate of uslugopoluchatel or his representative: for the legal entity according to the document, confirming powers;

for physical person under the notarized power of attorney or the document confirming its powers.

In case of payment in the budget of the amount of the registration fee through the portal, to uslugopoluchatel of the state service on the portal the notification report on acceptance of request for rendering the state service with indication of date and time of receipt of result goes to "personal account".

In case of not the request of uslugopoluchatel for result of the state service in the specified time, the State corporation provides their storage within one month then transfers them to the service provider for further storage.

In case of the appeal of uslugopoluchatel to the State corporation behind receipt of ready documents after one month, the State corporation within one working day makes request to the service provider. The service provider within one working day sends ready documents to the State corporation then the State corporation issues ready documents to uslugopoluchatel.

10. The bases for refusal in rendering the state service are:

1) discrepancies of subjects and objects of legal relationship, type of the right or encumbrance of the right to real estate and other subjects to registration or bases of their origin, change or termination to requirements of the legislation;

2) provisions by uslugopoluchatel of incomplete document package, necessary for state registration according to Item 9 of this standard of the state service if necessary documents were not submitted in case of suspension of state registration;

3) representations on document registration, on form and content not conforming to requirements of the legislation;

4) availability of encumbrances which exclude state registration of the right or other subject to state registration;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info