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Legalization of the real estate

Legalization of the real estate is the procedure of the state recognition of the rights for real estate that was withdrawn from the legal economic turnover with the aim of the income understatement and/or not registered in accordance with the legislation of Kazakhstan Republic or registered on the ineligible person. The first legalization of real estate took place in Kazakhstan in 2006. The term of the current legalization of the real estate expires November, 30 2016. Receipt of the documents terminates at least five working days prior the expiry of the legalization period.

1

Participants of the legalization

There is a list of candidates who can take part in legalization, the procedure of the state recognition of the rights for real estate that was withdrawn from the legal economic turnover with the aim of the income understatement and/or not registered in accordance with the legislation of Kazakhstan Republic or registered on the ineligible person. They are citizens of Kazakhstan Republic, repatriates and persons with permanent resident card. Legal entities have no right to participate in the program.

2

Terms of legalization

The following objects are not subject to legalization:

  1. land parcels;
  2. buildings and constructions placed on the squatted lands, in water protection areas sanitary protective zones, within the bounds of the inhabited area project lines, on the lands of rail and automobile roads of common use, specially protected natural areas, on the lands reserved for military defense and state safety and security, arms industry, on the land of common use;
  3. real estate acquired as a result of the crime against human rights and liberties, the state’s interests and illegal manufacture of fake documents, money, bonds;
  4. property the right for which is challenged in court, residential and non-residential premises of the real properties the construction of which was financed from the budget;
  5. property built on the land parcel for purposes other than intended.
3

Rules of legalization

If you are intended to legalize the real estate within the frames of the state one-off property legalization program, you should get acquainted with the rules of the procedure.

1. Legalization of the property located on the territory of the country the rights for which are not registered in accordance to the legislation of the republic.

You should apply to the regional public revenues management department of Almaty according to the property location.

You should submit the following documents:

  1. application form for property legalization in two in duplicate;
  2. copies of the document of identification with the production of the original upon the submission of the application (for a private entity);
  3. assessment of an authorized expert conducting technical inspection of buildings and constructions against the construction codes and regulations. You can review the list of the authorized experts here www.kds.gov.kz;
  4. technical certificate of the real estate item.

Turnaround time: 30 calendar days since the day of submission of the application.

The end result of the service: real estate is qualified as legalized from the moment of the committee’s decision to legalize the real estate.

2. Legalization of the property located outside the territory of the country or withdrawn from the legal turnover.

To do so you should submit the following documents to the regional public revenues management department of Almaty:

  1. declaration of the property legalization in due form in duplicate;
  2. copy of the document of identification;
  3. notarized copy of the title document for the property;
  4. assessment of an authorized expert on the real estate item against the construction codes and regulations.

Turnaround time: 30 calendar days since the day of submission of the application.

The end result of the service: real estate is qualified as legalized from the moment of the committee’s decision to legalize the real estate.

4

Final stage of legalization

The final stage of the property (real estate) legalization is its state registration and receipt of the official documents of the legal registration of the right of ownership.

You can receive the service at:

1. Egov.кz web portal (applying to the notary public for the state registration of the real estate).

  1. File a request certified by EDS of the notary public.
  2. Point out the e-mails of the parties to the deed (if available).
  3. Attach the following docs to the request:
  • document of identification of the real estate owner (for identification);
  • entitling documents certified by the notary (attached to the e-request by the notary);
  • the state duty pay receipt for the real estate registration or the document verifying the separate category of privileges and granting the exemption from duties (the privileges are available for resident pensioners and small business entities which are involved in staff training and instruction within three years from the moment of the state registration).

Note: the State Corporation worker and the notary receive the data (information about the document of identification; corporation and reincorporation; participants of the World War II and persons equaled to them; persons awarded with the former USSR decorations and medals for selfless labor and honorable service in the rear during World War II; persons who had worked (served in the army) for at least six months from June 22, 1941 through May 9, 1945 and had not been awarded with the former USSR decorations and medals for selfless labor and honorable service in the rear during World War II; disabled persons, including one of the parents of a lifelong disabled person; orphaned children and children without parental support until they are 18; repatriates) from the corresponding governmental information systems via egov.kz web portal.

Turnaround time: 3 working days. Applications for urgency – the next working day from the moment the application is rendered to the State Corporation “Government for Citizens” of Almaty.

The end result of the service: notification of registration or suspension of registration, or written motivated refusal of the state service delivery.

2. Regional department of the State Corporation “Government for Citizens” of Almaty according to the place of registration.

Documents attached to the application form:

  1. duly issued application form for the state registration of the real estate rights and encumbrances;
  2. entitling and other documents verifying the object of registration attaching technical certificate of the real estate and (or) the identification document of the land parcel (Land Use Deed);
  3. document of identification of the applicant or his/her authorized representative;
  4. the state duty pay receipt for the state registration of the rights for the real estate (payments can be made through the cash-desks of the second-tier banks or “Kazpost” JSC).

Turnaround time: 3 working days (the day of the documents submission is not included in the state service provision). Applications for urgency – the next working day from the moment the application is rendered to the State Corporation “Government for Citizens” of Almaty.

The end result of the service: the title document with the note of the state registration of the real estate rights (encumbrances) or suspension of registration, or written motivated refusal of the state service delivery.

Legalized property is income tax-free and cannot be confiscated.

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