What kind of rights for the property should be registered? The following shall be subject to state registration of real estate rights:

1. ownership - allows to possess, use and dispose the property;
2. the right of economic management;
3. the right of operational management;
4. land use rights for a term of not less than one year;
5. an easement in favor of the ruling of the land or other immovable property for a period of not less than one year.

Optionally, you can also register other rights to real estate.

What kind of encumbrances are obligatory for registration

Encumbrance of property rights - are restrictions arising under the contract or the law that does not allow you to fully possess, use or dispose of real estate. Encumbrances may be voluntary, such as a pledge, or do not depend on the owner, as in the case of seizure of property. Encumbrances to some extent restrict the freedom to commit a variety of actions with the property (transactions, use).  If you are a buyer, before the transaction it is necessary to get full information about the encumbrances.

Encumbrances are usually inextricably linked to the property and usually remaining in the transfer of rights to the property to another person. Anyone who acquires the property gets it together with the relevant encumbrances, even if in this respect nothing is specified in the transaction.

It is important to know that encumbrances are obligatory for registration:

1. the right of use for a period of not less than one year, including rent, free use, easements, right of life with maintenance;
2. the right asset management, including the care, custody, inheritance in legal relations, bankruptcy, and others;
3. pledge;
4. arrest;
5. restrictions (bans) on the use and disposal of immovable property or the performance of certain activities imposed by government authorities within their competence;
6. other encumbrance of real property provided by the laws of the Republic of Kazakhstan, with the exception of pre-emption of interest.

In this case, there are a many conditions under which the right to property must be restructured. It is obvious that, at least in the sale of real estate, but not limited to familiarize with all the cases:

1. If you change the identifying characteristics of the property (address, area, number of components, land category, number of floors, or ownership);
2. If you change the information on the right holder;
3. If you change the type of law (for example, the first property you rented, then purchased);
4. If you change the terms of the contract that affect the registration data.

If the change of identification characteristics are initiated by the state then the registration is not needed (for instance, in case of change of the street name or houses numbering).

The rights of the use of encumbrance property. To such rights refer:

• The right to lease. The presence of the tenant does not preclude a deal with the property (for example, its sales). However, in accordance with Article 559 of the Civil Code of Kazakhstan (Special Part) transfer of ownership of the leased property to another person is not the basis for amending or terminating the lease. That is the new owner of the property shall take over all obligations under the lease agreement the previous owner, for the duration of this contract.
• The right of free use (loan agreement). By analogy with the lease rights to the new owner of the rights encumbered by unpaid property (the borrower) for the entire duration of the contract (Article 604 of the Civil Code). In this case, the consent of the borrower on the change of ownership is not required.
• Easement - a right limited targeted use someone else's land, including the passage, travel , installation and operation of the necessary communications, hunting, and other needs. An easement is saved in the event of transfer of ownership of land or land use rights to another person (Article 73 of the Land Code of Kazakhstan). Getting someone's consent to the alienation of land burdened by an easement is not required.
• The right to life with maintenance - a kind of rent, which arises under the contract, when the recipient of rent transferred its real estate property in the rent payer, and the latter undertakes to implement life-long maintenance of a dependent of a citizen or a third party specified by him. In accordance with Article 538 of the Civil Code for the exclusion of putting a lien or other encumbrance of property, requires the prior consent of the recipient of rent.

Subject to compulsory registration of use of immovable property for a period of not less than one year. Without registration, these rights are not deemed to arise.

Preferential interests

There are situations relating to your property, but slozhivshiesyabez your direct participation (as an example - the seizure by the court.) So very often there are rights that do not need to register:

1. encumbrance, acting as general rules and prohibitions established by the legislative acts of the Republic of Kazakhstan;
2. rights (encumbrances rights) which are generated on the basis of regulations, including the right to find not closed to public access land areas and passes through them, the public easements;
3. the land use rights for a term of less than one year;
4. the right to use someone else's real estate for a period of less than one year, including the right to free use lease, easements less than a year;
5. the right of access of people and the passage of transport to power lines, telephone and telegraph lines and poles, conduits, geodetic points and other communication lines due to public needs;
6. the actual ownership of real estate non-owners, to the recognition of the established procedure for the actual owner of the ownership of the property by prescription;
7. the right to use the living quarters that are in the public housing stock or the right to use accommodation, rented by local executive bodies in the private housing stock.

Once you have entered into an agreement to acquire real estate or inherited it, or in other cases of rights to immovable property under the Law "On State Registration of Rights to Real Estate" Art. 9 must be registered for 6 months.

In a similar period of time (no later than 6 months) is necessary to address and in the event of encumbrances on real estate.

If encumbrances are applied by public authorities and authorized persons then registering body carries out registration of their formation and termination immediately from the moment of application receipt.

To register right or encumbrance on the property you can contact the «State-owned corporation «Government for citizens» NJSC, or a notary public. Automated service on the portal of e-government (state registration of rights (encumbrances) on real estate) allows you to immediately by a notary in the transaction register right online.

There are two payment options: in the nearest bank or online via e-Gov Portal, as well as through Кaspi.kz app by QR-code.

To do this, one need to register on the portal and a bank card should support an online payment capability (VISA, VISA Electron, Maestro, MasterCard, etc.). 

Since the law states a mandatory written form for real estate transactions, the parties to a transaction can draw up the necessary contract independently (for instance, using standard templates) or they can use the services of a lawyer. The main condition is the compliance of a contract with the requirements established by law for real estate transactions.

Clause 4 of Article 21 of the Law of the Republic of Kazakhstan "On State Registration of Rights to Immovable Property" provides for the obligation of the "Government for Citizens" State Corporation to verify the authenticity of signatures of individuals who made a transaction (their authorized representatives), their capacity (legal capacity), as well as compliance of their will with the will if a transaction is not notarized.

This requirement does not apply to pledge agreements concluded to secure a bank loan agreement and a micro-loan agreement.

Employees are available in all the Citizen Service Departments of "Government for Citizens" State Corporation authorized to verify the authenticity of signatures of individuals who made a transaction (their authorized representatives).

The procedure is deemed completed when a responsible employee of the State Corporation marks and signs a contract copies. Afterwards, the parties to the transaction (authorized representatives) can submit a standard application for state registration of real estate titles.

The size of rates for state registration of the rights