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Property right and size of the rates for real estate transactions Printable version

Last update: 29.05.2020

Right to property – is recognized and protected by the legislative acts right of subject to possess, use and dispose of property belonging to it.

Right to property on real estate occurs since the moment of state registration.

Right to property on real estate which has an owner, can be acquired by another person on the basis of the contract of purchase and sale, gift or other transaction on the alienation of this property.

In case of citizen’s death a right to property on belonging to him property is inherited by other persons in accordance with the will or the law.

In case of reorganization of legal entity right to ownership of his property is passed to legal entities - the successors of reorganized legal entity.

Right to property of a new created real estate arises from the moment of state registration.

Alienation of property from the owner to another person against the will of the owner is not allowed except the cases stipulated by the Civil Code of the Republic of Kazakhstan.

Members of a consumer cooperative (housing, housing and construction, suburban, garage or others), other persons entitled to share accumulation fully made ​​their share payment for apartment, cottage , garage, other premises, provided to these persons by the cooperative for use, acquire the right to property on indicated property.

Right to property on real estate may occur on the basis of documents:

Physical person:

  • agreement of sale and purchase;
  • contract of exchange;
  • gift agreement;
  • alienation contract with the condition of lifelong maintenance;
  • donation agreement;
  • marriage contract;
  • certificate of right to inheritance by operation of will (law);
  • privatization contract;
  • judicial acts which entered into force;
  • references of  housing and construction co-operative on contribution of entire amount share contribution by the member of the cooperative;
  • contract of property transfer as a compensation due to demolition or requisition;
  • act of state acceptance commission or an act of acceptance commission on putting of the constructed object into operation;
  • registered certificate;
  • decision of legal entity on granting of the property into account of allocation of a share from authorized capital;
  • legal acts of the executive bodies.

Legal entity:

  • agreement of sale and purchase;
  • contract of exchange;
  • donation agreement;
  • provision of real estate by virtue of a contractual obligation;
  • agreement or decision on the transfer of property as a compensation due to demolition or requisition;
  • deed of transfer or separation balance sheet;
  • decision on the transfer of property to the balance of the legal entity;
  • judicial acts which entered into force;
  • act of state acceptance commission or an act of acceptance commission on putting of constructed object into operation;
  • decision (operating agreement, discussion note) on the contribution of real estate into the authorized capital;
  • legal acts of the executive bodies.

Right stating documents are submitted for registration in two samples, one of which is the original or notarized copy. Authentic samples of these documents (or notarized copy) returned to the applicant after registration.

While registration of right to property on a land parcel in addition to the title document, you must submit an act on the right of private ownership of a land parcel.

Payment for the provision of services are charged in accordance of prices for goods (works, services) in the field of state registration of rights to real estate, approved by the Order of the Minister of Information and Communications of the Republic of Kazakhstan of September 27, 2018 No. 418.

Name of goods (works, services)

Price excluding VAT *, tenge

1

For registration of the occurrence of property rights, economic management, operational management, trust management, collateral, rent, use (except servitudes):

 

1)

for an apartment, an individual dwelling house (with household outbuildings and other similar objects), household outbuildings

1 073,7

2)

for an apartment building (with household outbuildings and other similar objects), non-residential premises in a residential building, non-residential building

17 178,6

3)

for garages

1 073,7

4)

for non-residential property complexes (buildings, structures, facilities), including:

 

-

one object

21 473,2

-

from two to five separate objects

32 209,8

-

from six to ten separate objects

42 946,4

-

over ten separate objects

53 683,0

2

For small businesses:

 

-

for registration of the occurrence of property rights, trust management, collateral, rent, use (except servitudes) for an apartment building (with household outbuildings and other similar objects), non-residential premises in a residential building, non-residential facility, non-residential property facilities)

2 147,3

3

For registration of property rights, land use, other rights (encumbrances of rights) on a land plot

1 073,7

4

For servitude registration (regardless of objects)

1 073,7

5

For registration of a condominium object

2 147,3

6

For registration of issuance of a mortgage certificate and its subsequent transfer to other owners

536,8

7

For registration of changes in the data about the rights holder, identification characteristics of the property object

536,8

8

For registration of the termination of the right to real estate in connection with the loss (damage) of the real estate or a waiver of the rights to it and in other cases not related to the transfer of the right

536,8

9

For registration of the termination of an encumbrance that is not related to the transfer of the right to a third party, including for the registration of the termination of the real estate mortgage

536,8

10

For the registration of the assignment of claims on a bank loan agreement, the obligations under which are secured by a mortgage

536,8

11

For registration of a change of the right or encumbrance of the right as a result of a change in the terms of a contract that is the basis for the emergence of the right (encumbrance of a right) or other legal facts

536,8

12

For registration of other rights to real estate, as well as encumbrances of the rights to real estate

1 073,7

13

For registration of legal claims

536,8

14

For registration of the encumbrances of the rights to real estate, imposed (produced) by the state body in the manner, prescribed by the legislative act of the Republic of Kazakhstan

0,0

15

For registration of rights to real estate, classified as the state property, for an authorized state body, exercising the rights of ownership, use and disposal of republican property, and its territorial bodies

0,0

16

For the systematic registration of previously arisen rights (encumbrances of rights) to real estate

0,0

17

For registration of changes in the identification characteristics of real estate on the basis of decisions of state bodies, including when changing the name of settlements, street names, and the sequence number of buildings and structures (addresses) or when changing cadastral numbers in connection with the reform of the administrative-territorial structure of the Republic of Kazakhstan

0,0

18

For issuance of a duplicate of the title document on real estate

536,8

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