On approval of the Rules for Privatization of Housing from the State Housing Fund

Decree of the Government of the Republic of Kazakhstan dated June 2, 2013 № 673.

Unofficial translation

In accordance with subparagraph 6-1), Article 10-1 of the Law of the Republic of Kazakhstan “On Housing Relations, the government of the Republic of Kazakhstan HEREBY DECREES:

Footnote. The Preamble as amended by the Decree of the Government of the Republic of Kazakhstan dated 26.10.2022 № 850 (shall be enforced upon expiry of ten calendar days after its first official publication).

1. Approve the attached Rules for privatization of housing from the state housing fund.

2. Some resolutions of the Council of Ministers of Kazakh SSR, the Council of Ministers of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan according to Annex 1, 2 (for official use) to this Decree shall be deemed to have lost force.

3. This Decree shall enter into force upon expiration of ten calendar days after its first official publication.

Prime-Minister Republic of Kazakhstan

S. AKHMETOV

Approved by the Decree of the Government of the Republic of Kazakhstan dated June 2, 2013 № 673

Rules
for Privatization of Housing from the State Housing Fund Chapter 1. General Provisions

Footnote. The heading of Chapter 1 as amended by the Decree of the Government of the Republic of Kazakhstan dated 24.09.2020 № 613 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

1. These Rules for the privatization of dwellings from public housing stock (hereinafter referred to as the "Rules) have been developed in accordance with subparagraph 6-1) of Article 10-1 of the Law of the Republic of Kazakhstan "On housing relations" (hereinafter referred to as the "Law") and shall determine the procedure for the privatization of dwellings from public housing stock.

Footnote. Paragraph 1 - as amended by the resolution of the Government of the Republic of Kazakhstan dated 04.10.2023 № 859 (shall enter into force upon expiry of ten calendar days from the date of first official publication).

2. The following basic definitions are use in the Rules:

1) the state housing fund are housing apartments owned by the municipal housing fund, housing fund of state enterprises or the housing fund of state institutions, and included in the republican or municipal property;

2) municipal housing fund is housing administered by local executive authorities, reserved for a special government institution on provision of housing for use;

3) housing fund of a government enterprise is housing administered by a government enterprise;

4) housing fund of a government institution is housing administered by government institutions except for a special government institution on provision of housing for use;

5) housing - a separate residential unit (individual residential building, apartment, dormitory room, modular (mobile) residential building), intended and used for permanent residence, meeting the established building, sanitary, environmental, fire and other mandatory norms and rules.

A modular (mobile) residential building shall be understood as an object intended and used for the residence of employees of special state bodies, military personnel and members of their families, located in closed and isolated military camps, border departments and other closed objects;

6) privatization of housing is acquisition by citizens of ownership of housing occupied by them from the state housing fund performed in accordance with the Law;

7) official dwelling - a dwelling with a special legal regime provided from the housing stock of a state institution and intended for settlement by citizens of the Republic of Kazakhstan for the period of their duties related to the nature of their labour relations, including during the rotation of civil servants, as well as participating in active measures to promote employment in accordance with the legislation of the Republic of Kazakhstan on social protection;

8) housing equated to official housing is housing provided from the communal housing stock to civil servants, employees of budgetary organizations, military personnel, cosmonaut candidates, cosmonauts, employees of special state and law enforcement agencies, as well as persons holding state elected positions, or from the housing stock of a state enterprise to employees of this state enterprise

8-1) excluded by the Decree of the Government of the Republic of Kazakhstan dated 21.01.2025 № 18 (effective ten calendar days from the date of its first official publication);

9) dormitory is a residential unit specially constructed or reconditioned for accommodation of persons working under employment agreements, students (military students, postgraduate students) and school students for period of study, as well as other persons having employment agreement with owner or possessor of a dormitory;

10) depreciable value of housing is initial value of a housing less physical deterioration of the housing;

11) applicant is a person applying for privatization of housing from the state housing fund according to these Rules;

12) housing lease agreement – is an agreement in accordance with which a lessor provides a title to use a housing or a part thereof to a hirer for a fee;

13) hirer – is a party to a housing lease agreement receiving housing or a part thereof for use;

14) budget organizations are government institutions and state enterprises;

15) departmental housing fund is service housing on the balance sheet of state institutions intended for provision to public officers appointed to positions on a rotational basis upon resolution of housing commission for stay for the period of performance of job duties without a right for further privatization;

16) web portal of the State Property Register (hereinafter - the portal) - an Internet resource placed in the Internet at the address: www.e-qazyna.kz, providing a single point of access to the electronic database on housing privatization contracts;

17) electronic digital signature (hereinafter referred to as the EDS) – a set of electronic digital symbols created by means of electronic digital signature and confirming reliability of an electronic document, its belonging and invariability of its content.

Footnote – Paragraph 3 as amended by the Decree of the Government of the Republic of Kazakhstan dated 25.04.2015 № 322 (entered into force upon expiration of ten calendar days after its first official publication); dated 26.12.2015 № 1072 (entered into force on 01.01.2016); dated 17.01.2020 № 5 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 24.09.2020 № 613 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 08.10.2022 № 797 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.10.2023 № 859 (shall enter into force upon expiry of ten calendar days after the first official publication); dated 06.06.2024 № 442 (to be enacted two months after the date of its first official publication); dated 21.01.2025 № 18 (effective ten calendar days from the date of its first official publication).

3. Public officers of workers of budget organizations, state enterprises, astronaut candidates, astronauts, and persons holding elective public posts may privatize tenable housing equated to that service at depreciable value, if they have worked in public service, at a state enterprise or budget organizations (including the term on elective public post) for at least ten years (in aggregate), as well as, regardless of period of work, when employment relations are terminated on the following grounds:

1) liquidation of organization, reduction in the number of employees or staff size;

2) due to a disease preventing further work;

3) due to retirement.

Astronaut candidates, astronauts with work experience in the field of space activities over fifteen years privatize housing gratuitously.

In case of death of a worker who was provided with housing equated to that service, privatization right shall pass to family members of the deceased (dead) person regardless of term of work of the deceased (dead) person.

Footnote – Paragraph 3 as amended by the Decree of the Government of the Republic of Kazakhstan dated 25.04.2015 № 322 (entered into force upon expiration of ten calendar days after its first official publication).

4. Employees of state institutions, judges of the Constitutional Court of the Republic of Kazakhstan and judges, with the exception of cases provided for by this Law, may privatize their official housing at residual value if they have worked in the civil service, in budgetary organizations, state enterprises or as a judge (including a term of office in a publicly elected position) for at least ten years (in total), as well as regardless of the period of employment, if the employment relationship is terminated on the following grounds:

1) liquidation of the organization, reduction of the number or staff of employees;

2) illness that prevents further work;

3) retirement;

4) expiration of the term of office of a judge of the Constitutional Court of the Republic of Kazakhstan.

In the event of the death of an employee who has been provided with official housing, the right of privatization passes to the family members of the deceased (deceased), regardless of the period of work of the deceased (deceased).

Citizens of the Republic of Kazakhstan and kandases who have been provided with official housing as participants in active employment promotion measures in accordance with the legislation of the Republic of Kazakhstan on social protection may privatize their occupied official housing at a residual value if they have lived in official housing for at least five years.

Military personnel who have been in military service for ten years or more in calendar terms as of January 1, 2013, have the right to privatize official housing from the state housing stock (with the exception of housing located in closed and isolated military camps, border offices and other closed facilities) on the terms and in accordance with the procedure provided for by these Rules.

Military personnel who have been in military service for fifteen years or more in calendar terms as of January 1, 2013, have the right to privatize official housing free of charge after twenty years of military service in calendar terms.

Footnote. Paragraph 4 is amended by the Decree of the Government of the Republic of Kazakhstan dated 21.01.2025 № 18 (effective ten calendar days from the date of its first official publication).

5. Military servants or employees of special state bodies with a length of service of ten years or more in calendar terms, as well as persons dismissed from military service or from service in special state bodies upon reaching the age limit for service status, for health reasons or in connection with a reduction in staff, shall have the right to privatize at residual value the housing occupied by them, equated to service ones.

Military servants, employees of special state bodies, as well as persons dismissed from military service or from service in special state bodies upon reaching the age limit for the state in the service, for health reasons or in connection with a reduction in staff, having a length of service of twenty years or more in calendar terms, shall have the right to privatize the housing occupied by them, equated to service ones, free of charge.

In the event of the death (decease) of a person dismissed from military service or from service in special state bodies, specified in parts one and two of this clause, who was provided with a dwelling equivalent to a service one, the right to privatize passes to the family members of the deceased (dead).

Footnote. Paragraph 5 as amended by the Decree of the Government of the Republic of Kazakhstan dated 08.10.2022 № 797 (shall be enforced upon expiry of ten calendar days after its first official publication).

6. Housing in which several hirers are living may be only privatized with consent of all hirers and their adult family members. In such case, the housing shall become joint shared property of all hirers.

7. The following persons get the ownership of tenable housing from the state housing fund:

1) veterans of the Great Patriotic War. In case of death of a veteran of the Great Patriotic War, to whom a housing was provided, right for its gratuitous receipt passes to members of his/her family;

2) persons with disability of the first and second groups;

3) persons who participated in mitigation of disaster at Chernobyl Nuclear Power Plant, other radiation disasters and accidents at civil or military facilities, as well as those who participated directly in nuclear tests and training exercises;

4) citizens of the Republic of Kazakhstan suffered as a result of nuclear tests at the Semipalatinsk nuclear test site;

5) military personnel recognized as persons with disabilities due to injury, concussion, mutilation received in the defense of the former Union of Soviet Socialist Republics, in the performance of other duties of military service in other periods or due to illness associated with being at the front, as well as during military service in Afghanistan or other states in which the combat actions were conducted;

6) citizens of the Republic of Kazakhstan who suffered as a result of environmental disaster in Aral Sea region;

7) military servants, employees of special state bodies, as well as persons dismissed from military service or from service in special state bodies upon reaching the age limit for service status, for health reasons or in connection with a reduction in staff:

having a length of service of twenty years or more in calendar terms;

having ten years of service or more in calendar terms and supporting a child with a disability (children with disabilities), including a person with a disability (persons with disabilities) since childhood, regardless of his (their) age.

In the event of the decease (death) of a person dismissed from military service or from service in special state bodies, specified in part one of this subparagraph, who was provided with housing, the right to privatize it free of charge shall pass to the family members of the deceased (dead);

7-1) family members of a military servant, an employee of a special state body, an internal affairs body who deceased (died) while serving, regardless of the length of service, except for the deceased (dead) as a result of suicide (except for cases of driving to suicide), committing a criminal offense, non-medical use of substances causing a state of alcoholic, narcotic, psychotropic, substance abuse intoxication (their analogues;

8) astronaut candidates, astronauts. In case of death of astronaut candidate or astronaut to whom a housing has been provided, right for its gratuitous receipt passes to successors of the deceased (dead) person;

9) employees of the internal affairs bodies with a length of service of twenty or more years in calendar terms, and employees dismissed from service and having a length of service of twenty or more years in calendar terms, with the exception of those dismissed for negative reasons, as well as employees with a length of service of ten or more years in calendar calculation and containing dependent children with disabilities. In the event of the death of a pensioner of the internal affairs bodies who had the right to privatize the provided service housing, the right to privatize shall pass to the family members of the deceased (dead);

10) Excluded by the Decree of the Government of the Republic of Kazakhstan dated 24.09.2020 № 613 (shall be enforced upon expiry of ten calendar days after the date of its first official publication);

11) victims of political repressions, as well as persons suffered from political repressions rehabilitated in accordance with the Law of the Republic of Kazakhstan “On rehabilitation of victims of mass political repressions” having disability or being retired persons.

12) Excluded by the Decree of the Government of the Republic of Kazakhstan dated 16.10.2018 № 637.
Footnote – Paragraph 7 as amended by the Decrees of the Government of the Republic of Kazakhstan dated 23.10.2014 № 1132 (entered into force upon expiration of ten calendar days after its first official publication); dated 25.04.2015 № 322 (entered into force upon expiration of ten calendar days after its first official publication); dated 16.10.2018 № 637; dated 24.09.2020 № 613 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 08.10.2022 № 797 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.10.2022 № 850 (shall be enforced upon expiry of ten calendar days after its first official publication).

8. Housing provided to socially vulnerable segments of the population from the communal housing stock may be privatized by the tenant at its residual value on the terms stipulated by Law and in accordance with the procedure established by these Rules.

Footnote. Paragraph 8 is amended by the Decree of the Government of the Republic of Kazakhstan dated 21.01.2025 № 18 (effective ten calendar days from the date of its first official publication).

9. Privatization of a housing by a hirer of the housing from the state housing fund shall be with the consent of adult family members and in consideration of rights of minor children.

10. The following housing may not be privatized:

1) rented under separate tenancy agreements to several tenants, in case one of them does not agree to make the purchase;

1-1) excluded by Decree of the Government of the Republic of Kazakhstan dated 21.01.2025 № 18 (effective ten calendar days from the date of its first official publication);

2) in temporary structures;

3) not meeting sanitary-epidemiological and technical requirements;

4) subject to reconditioning to non-residential premises due to unsuitability thereof for further residence;

5) situated in the territory of closed and isolated military towns, border posts and other closed facilities;

6) situated within environmentally sensitive areas;

7) subject to demolition;

8) excluded by Decree of the Government of the Republic of Kazakhstan dated 21.01.2025 № 18 (effective ten calendar days from the date of its first official publication);

8-1) provided from departmental housing fund to officers appointed to a post on a rotational basis for a period of their performance of job duties;

9) Excluded by the Decree of the Government of the Republic of Kazakhstan dated 08.10.2022 № 797 (shall be enforced upon expiry of ten calendar days after its first official publication).

Residential premises of bunk type, as well as room type, provided to persons working under employment agreements, students (military students, postgraduate students) or school student for period of study are also not subject to privatization.

Footnote – Paragraph 10 as amended by the Decrees of the Government of the Republic of Kazakhstan dated 25.04.2015 № 322 (entered into force upon expiration of ten calendar days after its first official publication); dated 26.12.2015 № 1072 (entered into force on 01.01.2016); dated 17.01.2020 № 5 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.04.2020 № 259 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 08.10.2022 № 797 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 06.06.2024 № 442 (to be enacted two months after the date of its first official publication); dated 21.01.2025 № 18 (effective ten calendar days from the date of its first official publication).

11. Citizens of the Republic of Kazakhstan have the right to privatize only one housing from the state housing stock in the territory of the Republic of Kazakhstan, except for the privatization of housing through a coupon mechanism, which is not a reason for refusing to exercise the right of a citizen to privatize housing.

The presence of fifty or less than fifty percent of the share of a family member of the main tenant in a previously privatized housing does not prevent him from subsequently exercising his right to privatize a housing from the state housing stock.

Footnote. Paragraph 11 is amended by the Decree of the Government of the Republic of Kazakhstan dated 21.01.2025 № 18 (effective ten calendar days from the date of its first official publication).

11-1. Citizens of the Republic of Kazakhstan may not privatize housing from the state housing fund, if they:

1) own another housing within the Republic of Kazakhstan, at the same time share of less than fifty per cent in a housing shall not be taken into consideration;

2) have obligations under mortgage housing loan agreement within the Republic of Kazakhstan;

3) have alienation of a housing owned by them within last five years before applying for privatization;

4) received housing payments provided for in part one of paragraph 6 of Article 101-1, part one of paragraph 6 of Article 101-2, part one of paragraph 2 of Article 101-9 of the Law, monetary compensation in exchange for the right to free privatization or fulfilled obligations using housing payments under an agreement concluded for the purposes provided for in subparagraphs 1), 3), 4), 5) and 7) of Article 101-5 of the Law, as well as to pay for housing rent with subsequent redemption.

Footnote – The Rules are supplemented by subparagraph 11-1 in accordance with the Decree of the Government of the Republic of Kazakhstan dated 25.04.2015 № 322 (entered into force upon expiration of ten calendar days after its first official publication); as amended by the Decree of the Government of the Republic of Kazakhstan dated 08.10.2022 № 797 (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 2. Procedures for housing privatization from the state housing fund

Footnote. Heading of Chapter 2 as amended by the Decree of the Government of the Republic of Kazakhstan dated 24.09.2020 № 613 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

12. Issues on housing privatization shall be settled:

1) from municipal housing fund – by housing commissions of local executive authorities;

2) from housing fund of state enterprises – by housing commissions of state enterprises;

3) from housing fund of state institutions – by housing commissions of state institutions.

Standard regulations on housing commissions shall be approved by a competent authority implementing state policy in the field of housing relations.

13. Privatization of dwellings shall be formalized by an agreement on privatization of dwelling according to the standard form in accordance with the annex to these Rules.

Footnote. Item 13 in the wording of the Government of RK from 06.06.2024 № 442 (enacted after two months after the day of its first official publication).

14. In order to acquire ownership of housing through privatization, the applicant submits documents to the non-profit joint stock company State Corporation Government for Citizens or through the electronic Government web portal for consideration by the housing Commission in accordance with the requirements of the Rules for the provision of public services "Privatization of housing from the State Housing Stock", approved by the Order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated August 12, 2021 № 437 (registered in the Register of State Registration of Regulatory Legal Acts under № 23983) (hereinafter referred to as the Rules for the provision of public services).

Footnote. Paragraph 14 is amended by the Decree of the Government of the Republic of Kazakhstan dated 21.01.2025 № 18 (effective ten calendar days from the date of its first official publication).

15. Housing commissions within thirty calendar days after presentation by an applicant of documents specified in Paragraph 14 of these Rules shall make decision on privatization of housing or render a written reasoned refusal.

16. A reasoned refusal to privatize a housing is made by the housing commission on the grounds specified in the Rules for provision of public services.

Footnote. Paragraph 16 is amended by the Decree of the Government of the Republic of Kazakhstan dated 21.01.2025 № 18 (effective ten calendar days from the date of its first official publication).
17. Excluded by the Decree of the Government of the Republic of Kazakhstan dated 24.09.2020 № 613 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

18. Upon decision of a housing commission on housing privatization, an authority providing housing shall calculate depreciable value of the housing:

1) by state institutions according to the order of the Minister of Finance of the Republic of Kazakhstan dated August 3, 2010 № 393 "On approval of the Rules for accounting procedures at state institutions";

2) by state enterprises in accordance with requirements of the laws of the Republic of Kazakhstan on accounting and financial reporting.

Footnote. Paragraph 18 as amended by the Decree of the Government of the Republic of Kazakhstan dated 17.01.2020 № 5 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

19. After making a decision on privatization, the transfer of housing from the housing fund of state enterprises and state institutions to communal ownership is carried out within fifteen calendar days from the date of the decision on transfer in accordance with the Rules for the transfer of state property assigned to state legal entities from one type of state ownership to another, approved by the Order of the Minister of National Economy of the Republic of Kazakhstan dated May 26, 2023, № 85 “On Approval of the Rules for the transfer of state property assigned to state legal entities from one type of state ownership to another”.

After the decision on privatization is made, the transfer of the dwelling from the housing fund of the communal state enterprise and communal state institution to the communal housing fund is made within fifteen calendar days using the portal in electronic form.

Footnote. Item 19 in the wording of the Government of RK from 06.06.2024 № 442 (enacted after two months after the day of its first official publication).

19-1. Information about the decision taken on the transfer of state property from one type of state property to another and on the act of acceptance and transfer of property (deed of transfer), drawn up in accordance with the Transfer Rules, is entered on the Portal by the working body within three days from the date of re-registration of rights to housing in the legal cadastre.

Footnote. The Rules were amended with Paragraph 19-1 in accordance with the Decree of the Government of the Republic of Kazakhstan dated 17.01.2020 № 5 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

20. In transferring by an authority providing housing of transfer of housing being subject to privatization to municipal housing fund, an applicant shall be at any one time be provided with a certificate on value of housing indicating amount due.

21. Upon transfer of housing being subject to privatization to municipal housing fund within five calendar days, a local executive authority and an applicant shall conclude a housing privatization agreement on the Portal using the EDS in an electronic form.

Footnote. Paragraph 21 as amended by the Decree of the Government of the Republic of Kazakhstan dated 17.01.2020 № 5 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

22. After the conclusion of the agreement on privatization of the dwelling by the applicant through the portal within thirty calendar days the payment of the cost of the dwelling to be paid to the local budget is made, except for cases specified in paragraph 23 of these Rules.

In case of gratuitous acquisition of ownership of housing, no payment is made.

Footnote. Point 22 in the wording of the Government of RK from 06.06.2024 № 442 (enacted after two months after the day of its first official publication).

23. Citizens who privatize their homes may pay the cost of their homes in installments.

A housing with a residual value of less than fifteen million tenge is issued in installments for up to ten years.

A housing with a residual value of more than fifteen million tenge is issued in installments for a period of up to fifteen years.

Citizens who privatize their homes make an initial contribution in the amount of at least ten percent of the cost of the home, set out in the housing privatization agreement.

The terms and conditions of payment of the cost of housing in installments are stipulated in the agreement on the privatization of housing. The total amount of the payment, including installments, is indicated in the payment schedule for the cost of housing, which is an integral annex to the housing privatization agreement.

Footnote. Paragraph 23 is amended by the Decree of the Government of the Republic of Kazakhstan dated 21.01.2025 № 18 (effective ten calendar days from the date of its first official publication).

24. Change of place of work of an applicant after receipt in accordance with the established procedures of a decision on housing privatization by installments shall not influence further exercise of his/her right for housing privatization under such decision.

25. In case of citizens’ failure to pay housing value as per a schedule provided for in a housing privatization agreement within six consecutive months, local executive authority shall terminate housing privatization agreement in a judicial procedure by sending a notification thirty calendar days before applying to the court, except for cases when amount of payments received from a citizen exceeds the half of the value of housing.

In case of nonpayment of housing value as per schedule within six consecutive months by an applicant who paid more than the half of housing value, local executive authority shall collect debts in a judicial procedure without terminating housing privatization agreement.

26. In case of termination of a housing privatization agreement at own initiative or in case of nonpayment of the value of housing as per schedule within six consecutive months, amount paid for the value of housing shall be repaid to applicant less amount of payment for the use of housing from the state housing fund for the period between conclusion of housing privatization agreement and its termination. In case of shortage of such payment, an applicant shall pay difference for the use of housing from the state housing fund for the period between conclusion of the housing privatization agreement and its termination.

27. Housing privatization agreement shall be executed in two copies; one shall be kept by local executive agency, and another copy shall be issued to applicant.

Annex to the Rules for privatization of housing from the state housing stock

A standard agreement on the privatization of housing № __________

Footnote. The appendix is as amended by the Decree of the Government of the Republic of Kazakhstan dated 21.01.2025 № 18 (effective ten calendar days from the date of its first official publication).

"__" ___________ 20__ year

_______________________________________________________________________________

(name of the administrative-territorial unit and locality)

________________________________________________________________________________

(name of the local executive body)

________________________________________________________________________________

represented by _________________________________________________________________________,

(last name, first name and patronymic (if any)

hereinafter referred to as the "Representative of the Owner" and the citizen _________________

_______________________________________________________________________________,

(last name, first name and patronymic (if any)

hereinafter referred to as the "Acquirer", (hereinafter referred to as the "Parties") have concluded this agreement as follows:

Chapter 1. Subject of the agreement

1.1. (This paragraph must be filled in for the purchase of a paid home).

1) The representative of the owner transfers ownership of the housing, and the Acquirer and the family members permanently residing with him, including those temporarily absent, _________________________________________________________________

( last name, first name, patronymic (if any) of family members)

pay the cost of housing up to "__" ______________ 20__ year (in case of payment of the cost of housing in installments, payment is made according to the schedule of payment of the cost of housing in accordance with the annex to this agreement) and acquire housing in a common joint property located at:

_______________________________________________________________________________

______________________________________________________________________________;

2) the housing consists of:

total area _____________ m², including residential ___________ m², non-residential

____________ m²;

3) with the acquisition of a housing, a share in the total property of a condominium object passes to the Acquirer;

4) the cost of housing is set in the amount of ____________________________________

tenge; (in numbers and in words)

5) The Acquirer, within thirty calendar days, pays the cost of the housing in the amount of: ____________________________________________________________tenge,

(in numbers and in words)
what is confirmed by the document _____________ ( receipt, invoice, or payment receipt) dated "__" ______________ 20__ year № ______, or pays for the cost of housing in installments for a period of ____ years according to the schedule of payment of the cost of housing in accordance with the annex to this agreement;

6) the right of ownership to a housing arises from the moment of its registration with the registering authority.

The basis for the right of ownership of a housing is the full payment of the cost of the housing specified in subparagraph 4) of this paragraph.

1.2. (This paragraph must be filled in upon gratuitous transfer of housing).

1) The representative of the owner transfers ownership of the housing, and the Acquirer and the family members permanently residing with him, including those temporarily absent _______________________________________________________________

(last name, first name and patronymic (if any) of family members)

acquire common joint ownership of a housing located at:

______________________________________________________________________________

______________________________________________________________________________;

2) the housing consists of: total area ____________ m², including residential

__________ m², non-residential ____________ m²;

3) with the acquisition of a housing, a share in the total property of a condominium object passes to the Acquirer;

4) the cost of housing is set in the amount of _____________________ tenge; (in numbers and in words)

5) the right of ownership to a housing arises from the moment of its registration with the registering authority. The basis for the emergence of the right of ownership of a housing is the signing of this Agreement by the parties to it.

Chapter 2. Rights and obligations of the Parties

2.1. The owner's representative has the right to:

1) terminate this agreement in court in case of non-payment by citizens of the cost of housing according to the payment schedule, by sending a notification to the Acquirer thirty calendar days before the date of filing the application to the court;

2) to monitor the timeliness and completeness of the payment under this agreement.

2.2. The Acquirer has the right to:

1) privatize the housing with full payment of the cost of the housing or in installments for a period up to ________________________________ years for the paid purchase of housing; (the installment period is indicated)

2) to repay the cost of the privatized housing ahead of schedule in case of a paid purchase of a housing in installments;

3) terminate this agreement on its own initiative with compensation to the representative of the owner of the amount of payment for the use of housing from the state housing stock for the time between the conclusion of the agreement on the privatization of housing and before its termination.

2.3. The owner's representative is obliged to:

1) notify the Acquirer of the termination of this agreement in court thirty calendar days before the date of filing the application to the court;

2) accept payment of the cost of housing under this agreement, including in installments up to _____________________________________ years; (the installment period is indicated)

3) upon termination of the housing privatization agreement, which provides for payment of the cost of housing in installments, to return to the citizens privatizing housing the amount contributed to repay the cost of housing, minus the amount of payment for the use of housing from the state housing fund for the time between the conclusion of the housing privatization agreement and before its termination;

4) transfer to the property of the Acquirer the housing occupied by him from the state housing stock upon full payment of the cost of the housing (upon paid purchase of the housing);

5) transfer to the property of the Acquirer the housing occupied by him from the state housing stock (in case of gratuitous acquisition of the housing).

2.4. The Acquirer is obliged to:

1) in case of paid purchase of a housing, pay the cost of the housing within thirty calendar days;

2) when purchasing a housing, make an initial payment in installments in the amount of at least ten percent of the cost of the housing established by this agreement, as well as to pay the cost of the housing according to the schedule of payment for the cost of the housing in accordance with the annex to this agreement;

3) not transfer their rights and obligations under this agreement to third parties;

4) at the request of the owner's Representative, submit documents confirming the payment of the cost of housing;

5) in case of gratuitous acquisition of a housing, take ownership of the housing;

6) in case of a paid purchase of a housing, take ownership of the housing after full payment of the cost of the housing.

Chapter 3. Other conditions

3.1. This agreement is drawn up in two copies in the state and Russian languages, having the same legal force for the Acquirer, the Owner's Representative, and comes into force from the moment of signing by the Parties.

Chapter 4. Banking details and signatures of the Parties

the Owner's Representative _______________________ _______________________ _______________________ _______________________ _________________________ (banking details), place of steal (if available)

Acquirer ________________________ ________________________ ________________________ ________________________ ________________________ (banking details)

Annex to the Standard agreement on privatization of housing

The schedule of payment for the cost of housing

№	Payment amount (in tenge)	Due date of payment (date, month, year)	The actual payment period (including the number of the receipt, invoice, or payment receipt)
1		" " January 20	" " 20 №
2		" " February 20	" " 20 №
3		" " March 20	" " 20 №

Annex 1 to the Decree of the Government of the Republic of Kazakhstan dated July 2, 2013 № 673

List some void resolutions of the Government of the Republic of Kazakhstan

1. Order of the Cabinet of Ministers of Kazakh SSR dated November 5, 1991 № 667 “On measures for implementation of Regulations on coupon mechanism of privatization of state property in Kazakh SSR”.

2. Order of the Cabinet of Ministers of the Republic of Kazakhstan dated January 24, 1992 № 66 “On approval of Regulations on privatization of the state housing fund in the Republic of Kazakhstan” (Collected Acts of the President and the Government of the Republic of Kazakhstan, 1992, № 3, Article. 48).

3. Order of the Cabinet of Ministers of the Republic of Kazakhstan dated February 3, 1992 № 87 “On procedures for registration of citizens’ ownership of acquired state housing fund”.

4. Decree of the Cabinet of Ministers of the Republic of Kazakhstan dated July 20, 1992 № 610 “On introduction of amendment and additions to the Regulations on privatization of the state housing fund in the Republic of Kazakhstan” (Collected Acts of the President and the Government of the Republic of Kazakhstan, 1992, № 29, Article 431).

5. Decree of the Cabinet of Ministers of the Republic of Kazakhstan dated October 21, 1993 № 1043 “On introduction of amendment and additions to some resolutions of the Government of the Republic of Kazakhstan”.

6. Decree of the Cabinet of Ministers of the Republic of Kazakhstan dated November 17, 1993 № 1143 “On introduction of an addition to the Regulations on privatization of the state housing fund”.

7. Decree of the Cabinet of Ministers of the Republic of Kazakhstan dated January 3, 1994 № 2 “On approval of Regulations on procedures for privatization of the state housing fund put into operation after January 1, 1992” (Collected Acts of the President and the Government of the Republic of Kazakhstan, 1994, № 1, Article 4).

8. Decree of the Cabinet of Ministers of the Republic of Kazakhstan dated January 11, 1995 № 31 “On introduction of an amendment to the Decree of the Cabinet of Ministers of the Republic of Kazakhstan dated January 3, 1994 № 2".

9. Paragraph 3 of amendments and additions to be entered into some resolutions of the Government of the Republic of Kazakhstan approved by the Decree of the Government of the Republic of Kazakhstan dated January 19, 1996 № 71 “On introduction of amendment and alterations and invalidation of some resolutions of the Government of the Republic of Kazakhstan due to adoption of the Civil Code of the Republic of Kazakhstan (General Part)” (Collected Acts of the President and the Government of the Republic of Kazakhstan, 1996, № 6, Article 26).

10. Decree of the Government of the Republic of Kazakhstan dated June 24, 1998 № 592 “On approval of the form for Agreement for repurchase of tenable housing equated to that service by workers of central office of a governmental authority operating at the expense of the republic budget and relocated to Astana city”.

11. Decree of the Government of the Republic of Kazakhstan dated August 4, 1998 № 738 “On introduction of amendment and additions to the Decree of the Government of the Republic of Kazakhstan dated June 24, 1998 № 592”.

12. Decree of the Government of the Republic of Kazakhstan dated August 27, 1998 № 810 “On introduction of amendment and additions to the Decree of the Government of the Republic of Kazakhstan dated June 24, 1998 № 592".

13. Paragraph 2 of the Decree of the Government of the Republic of Kazakhstan dated November 11, 1998 № 1148 “On introduction of amendments to the Decrees of the Government of the Republic of Kazakhstan dated July 24, 1997 № 1173 and dated June 24 1998, № 592”.

14. Decree of the Government of the Republic of Kazakhstan dated December 22, 1998 № 1317 “On introduction of additions to the Decree of the Government of the Republic of Kazakhstan dated June 24, 1998 № 592”.

15. Decree of the Government of the Republic of Kazakhstan dated December 22, 1998 № 1316 “Some issues of provision of housing to workers of central offices of governmental authorities relocated to Astana city”.

16. Decree of the Government of the Republic of Kazakhstan dated October 16, 1999 № 1560 “Issues of privatization of residential premises of room type in dormitories of the state housing fund”.

17. Paragraph 2 of amendments to be introduced to some resolutions of the Government of the Republic of Kazakhstan approved by the Decree of the Government of the Republic of Kazakhstan dated April 27, 2001 № 567 “On implementation of the Decree of the President of the Republic of Kazakhstan dated July 28, 2000 № 421” (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2001, № 15, Article 200).

18. Subparagraph 4), Article 2 of the Decree of the Government of the Republic of Kazakhstan dated March 9, 2004 № 294 “On application of funds allocated for share participation in construction and acquisition of housing for workers of central governmental authorities and state institutions in Astana city”.

Annex 2 to the Decree of the Government of the Republic of Kazakhstan dated July 2, 2013 № 673 for internal use only

Note of Regional Center of Legal Information!
Annex 2 classified as “For Internal Use Only” shall not be entered into “Zakon” (“Law”) database.