Unofficial translation
In accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services", DECREE:
1. Approve the attached Rules for the provision of the public service "Privatization of dwellings from the state housing stock".
2. The Committee for Construction, Housing and Communal Services of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan, in the manner prescribed by law, ensure:
1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on the Internet resource of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan.
3. To impose control over the execution of this order on the supervising Vice Minister of Industry and Infrastructure Development of the Republic of Kazakhstan.
4. This Order shall be enforced ten calendar days after the day of its first official publication.
|
Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan |
K. Uskenbaev |
"AGREED"
Ministry of Finance
of the Republic of Kazakhstan
"AGREED"
Ministry of Digital
Development, Innovation and
Aerospace Industry
of the Republic of Kazakhstan
| Approved by order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated August 12, 2021 № 437 |
Rules for the Provision of a Public Service “Privatisation of Dwellings from the State Housing Stock
Footnote. Rules – as revised by Order of the Acting Minister of Industry and Construction of the Republic of Kazakhstan № 115 of 04.04.2025 (shall come into force ten calendar days after the date of its first official publication).
Chapter 1. General provisions
1. These Rules for the Provision of a Public Service “Privatisation of Dwellings from the State Housing Stock (hereinafter referred to as the Rules) have been drawn up as per sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On Public Services” (hereinafter referred to as the Law) and outline the procedure for granting the public service “Privatisation of Dwellings from the State Housing Stock” (hereinafter referred to as the public service).
2. The public service shall be rendered free of charge to individuals (hereinafter referred to as service recipients) by local executive bodies of regions, cities of Astana, Almaty and Shymkent, districts, cities of regional importance (hereinafter referred to as service providers) as per the requirements of the Law of the Republic of Kazakhstan “On Housing Relations”, Decree of the Government of the Republic of Kazakhstan № 673 of July 2, 2013 “On Approval of the Rules for Privatisation of Dwellings from the State Housing Stock” (hereinafter referred to as the Decree) and these Rules.
Chapter 2. Procedure for rendering the public service
3. The list of basic requirements for the provision of the public service “Privatisation of Dwellings from the State Housing Stock’ (hereinafter referred to as the List of Basic Requirements for the Provision of the Public Service) is set out in Appendix 1 hereto.
4. To receive a public service, the service recipient shall file with the Government for Citizens State Corporation Non-Commercial Joint-Stock Company (hereinafter referred to as the State Corporation) or via the e-government web portal (hereinafter referred to as the portal), an application in the form specified in Appendices 2 and 3 hereto, with the documents specified in paragraph 8 of the List of Basic Requirements for the Provision of Public Services.
5. The service provider shall register the application and documents on the day of their receipt.
Should the service recipient contact us after working hours, on weekends or public holidays as per the labour legislation of the Republic of Kazakhstan, the application shall be accepted and the result of the public service shall be rendered on the next working day. The state corporation shall ensure that documents are delivered to the service provider on the day they are received.
6. When documents are received via the State Corporation, the service recipient shall be issued an electronic receipt confirming receipt of the relevant documents from the applicant, which specifies the list of documents received, the surname, first name and patronymic (if any) of the employee who accepted the application, the date and time of submission of the application, as well as the date of issue of the finished documents. Upon request of the applicant, the receipt shall be issued in paper format.
At the State Corporation, ready documents shall be issued on the basis of a receipt, upon presentation of a document proving the identity of the service recipient or from a digital document service (for identification purposes) (or his/her representative by a notarised power of attorney).
When accepting documents via the State Corporation, an employee of the State Corporation shall verify the service recipient and make electronic copies of the documents, after which the originals are returned to the service recipient.
7. Once the service recipient files all the required documents via the portal, the status of the request for the delivery of public services shall be displayed in the service recipient's personal account indicating the date of receipt of the result of the public service.
On the portal, the result of the delivery of public services shall be forwarded to the service recipient's personal account in the form of an electronic document signed with an electronic digital signature by the head of the service provider.
Applications and documents filed via the portal shall be reviewed by the service provider on the state property registry web portal www.e-Qazyna.kz (hereinafter referred to as the registry portal).
Data from documents certifying the identity of the service recipient shall be forwarded to the service provider from the relevant state information systems via the electronic government gateway (external gateway).
8. The service recipient shall consent to the use of information constituting a legally protected secret contained in information systems when offering public services, unless otherwise enumerated by the laws of the Republic of Kazakhstan.
9. Stages of offering public services:
1) when privatising housing from the municipal housing fund:
first stage – the service recipient presents the documents listed in paragraph 8 of the List of basic requirements for the delivery of public services;
The second stage is the adoption of a decision by the housing commission on the privatisation of housing from the state housing stock, including:
review by the service provider of the service recipient's documents for completeness and compliance with the requirements of the Law, the Decree and these Rules;
formation by the service provider of the composition of the housing commission of the local executive body (state enterprise or state institution) for voting and making decisions by the housing commission on the privatisation of housing or issuing a reasoned refusal;
drafting and signing by the service provider of the housing commission's decision on the privatisation of the dwelling;
obtaining by the service provider of information on registered rights (encumbrances) to the dwelling from the municipal housing fund and specifications of the dwelling;
third stage – conclusion of a privatisation agreement between the service provider and the service recipient.
2) When privatising housing from the housing stock of a municipal state institution or municipal state enterprise, the stages shall be similar to those in sub-paragraph 1) of this paragraph.
The transfer of housing from the housing stock of a municipal state institution or municipal state enterprise to the municipal housing stock shall be executed within 15 (fifteen) calendar days from the date of the decision on the privatisation of the housing in the following order:
signing of the deed of transfer of the dwelling (transfer deed) by authorised officials of the transferring and receiving parties and approval of the transfer deed by the head of the executive body, financed from the local budget, authorised to dispose of municipal property, or the office of the mayor of a city of district significance, village, settlement, or rural district;
state registration of title documents for housing with the registering authority;
receipt by the service provider of information on registered rights (encumbrances) to housing from the municipal housing fund and specifications of the housing.
3) upon privatisation of dwellings from the housing stock of a republican state institution or republican state enterprise:
The first stage is the delivery by the service recipient of the documents specified in paragraph 8 of the List of Basic Requirements for the Provision of a Public Service;
the second stage shall involve the adoption by the housing commission of a decision on the privatisation of housing from the state housing stock, including:
review by the service provider of the service recipient's documents for completeness and compliance with the requirements of the Law, the Decree, and these Rules;
formation by the service provider of the composition of the housing commission of the local executive body (state enterprise or state institution) for voting and making decisions by the housing commission on the privatisation of housing or issuing a reasoned refusal;
drafting and signing by the service provider of the housing commission's decision on the privatisation of the dwelling;
third stage – transfer of the dwelling from republican to municipal ownership, including:
submission of a request from the akim of the region, city of national-level significance, or capital to the authorised body for the management of state property;
decision by the authorised body for managing state property, agreed with the authorised body of the relevant industry that manages the republican legal entity on whose balance sheet the transferred dwelling is recorded, based on a request from the akim of the region, city of national importance or capital;
signing of the transfer deed by authorised officials of the transferring and receiving parties and approval of the transfer deed by the head of the territorial unit of the authorised body for state property management (Deputy Chairman of the National Bank of the Republic of Kazakhstan) and the executive body, financed from the local budget, authorised to dispose of municipal property, or the office of the mayor of a city of district significance, village, settlement, or rural district;
state registration of title documents for housing with the registering authority;
receipt by the service provider of information on registered rights (encumbrances) to housing from the municipal housing fund and specifications of the housing;
the fourth stage is the conclusion of a privatisation agreement between the service provider and the service recipient.
10. Once there are grounds for refusing to grant a public service as per Article 73 of the Administrative Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the APC), the service provider shall notify the service recipient of the preliminary decision, the refusal to provide the public service, as well as the time, date and venue (method) of the hearing to enable the service recipient to express their position on the preliminary decision.
A notification of the hearing shall be sent at least three working days prior to the deadline for the delivery of the public service. The hearing shall be held no later than two working days from the date of notification.
Based on the results of the hearing, the housing commission shall resolve the privatisation of the dwelling or issues a reasoned refusal to grant the public service.
11. The service provider shall ensure that data on the stage of delivery of public services is entered into the public services monitoring information system as per the procedure established by the authorised body in the field of informatisation under sub-paragraph 11) of paragraph 2 of Article 5 of the Law.
12. Within three working days of the date of approval or amendment of these Rules, the authorised body responsible for management and inter-sectoral coordination in the field of housing relations shall forward information on the amendments and/or additions made to the operator of the information and communication infrastructure of the electronic government as well as to the Unified Contact Centre.
Chapter 3. Procedure for appealing decisions, actions (inaction) of service providers on issues pertaining to the delivery of public services
13. Complaints concerning decisions, actions (or lack of action) by service providers and/or their employees regarding the delivery of public services shall be addressed to the head of the service provider.
A complaint from a service recipient received directly by the service provider offering the public service shall be reviewed within five working days of its registration as per paragraph 2 of Article 25 of the Law.
A complaint from a service recipient received by the authorised body responsible for assessing and monitoring the quality of public services shall be considered within fifteen working days of the date of its registration.
When applying via the portal, information on the appeal procedure can be obtained by calling the unified contact centre for public services.
14. Complaints shall be reviewed by the authorised body responsible for state regulation and control of activities in the field of state registration of legal entities and registration of branches and representative offices, the authorised body for evaluating and controlling the quality of public services (hereinafter referred to as the body considering the complaint).
The complaint shall be filed with the service provider whose decision, action (or inaction) is being appealed.
The service provider whose decision, action (or inaction) is being appealed shall forward the complaint and the administrative case to the body considering the complaint no later than three working days from the date of receipt of the complaint.
As part of this, the service provider whose decision, action (or inaction) is being appealed shall have the right not to forward the complaint to the body considering the complaint if, within three working days, it takes a decision or other administrative action that fully satisfies the requirements specified in the complaint.
Unless otherwise provided by law, recourse to the courts shall be permitted after appeal in a pre-trial procedure.
| Appendix 1 to the Rules for the Provision of a Public Service “Privatisation of Dwellings from the State Housing Stock” |
List of Basic Requirements for the Delivery of the Public Service “Privatisation of Housing from the State Housing Fund” | |||
1 | Name of the service provider | Local executive bodies of regions, cities of Astana, Almaty and Shymkent, districts, cities of regional significance (hereinafter referred to as the service provider) | |
2 | Ways for offering public services | Government for Citizens State Corporation Non-Commercial Joint-Stock Company (hereinafter referred to as the State Corporation); Web portal ’e-government" www.egov.kz (hereinafter referred to as the portal) | |
3 |
Term of delivery of public services |
1) when privatising housing from the municipal housing fund: | |
4 | Form of public service provision |
Electronic (partially automated) and/or paper | |
5 |
Result of the provision of public services |
1) Upon privatising housing from the municipal housing stock, from the housing stock of a municipal state institution or municipal state enterprise: | |
6 | The amount of fees charged to service recipients for the delivery of public services and the ways of collection in cases laid down by the laws of the Republic of Kazakhstan | Free of charge. | |
7 |
Work schedule |
1) service provider – Monday to Friday, as per the established work schedule, save for weekends and public holidays, in line with the Labour Code of the Republic of Kazakhstan (hereinafter referred to as the Code) with a lunch break; | |
8 |
List of documents and information requested from the service recipient for the delivery of public services |
1) an application for privatisation of the occupied dwelling, signed by all adult members of the tenant's family; | |
9 |
Grounds for refusal to grant public services established by the laws of the Republic of Kazakhstan |
1) establishment of the inaccuracy of documents filed by the service recipient to obtain a public service, and (or) data (information) contained therein; | |
10 |
Other requirements assessing the specific nature of the public service, including those rendered in electronic form and through a state corporation |
1. The service recipient may have the option to receive public services in electronic form via the portal, given that they have an electronic digital signature. | |
| Appendix 2 | |
| to the Rules for the Provision of a Public Service | |
| “Privatisation of Dwellings from | |
| the State Housing Stock” | |
| Document form | |
| Name of the structural unit of the local executive body | |
| regions, cities of Astana, Almaty and Shymkent, districts and cities of regional significance performing functions in the field of housing relations from citizens | |
| _________________________ | |
| (surname, first name, patronymic | |
| (if any) | |
| (hereinafter referred to as ‘full name’) residing at: | |
| __________________________ |
Application letter
I hereby ask you to approve the privatisation of the apartment I occupy as per the lease
agreement
№ "____" of ___________ 20__
at the address: _______________________________________________________
free of charge, as I am
________________________________________________________________.
________________________________________________________________
(full name) (Document number, identity document, date of issue and issuing authority)
individual identification number)
Applications: ____________________.
(All adult family members give their consent)
I, ______________________________________________________________,
(full name, degree of kinship, identity document number, date and place of issue,
individual identification number) agree to the privatisation of the apartment in the name of
__________________________________________________
at the address: (full name) ______________________________________ free of charge.
We hereby confirm the accuracy of the information provided, are aware of our responsibility
for providing inaccurate information in accordance with the laws of the Republic of
Kazakhstan, and consent to the use of information constituting a legally protected secret, as
well as to the collection, processing, storage, transfer, and use of personal data and other
information.
Signed and sent by the service recipient: at ___ o’clock "__" _____ 20__.
Data from the electronic digital signature (hereinafter referred to as EDS) of the
service recipient and adult family members:
date and time of signing the electronic signature.
Notification of acceptance of application:
Accepted by the service provider: at ___ o’clock "__" ______ 20__:
Data from the service provider's electronic signature:
date and time of signing the electronic signature.
Application Letter
I hereby ask you to approve the privatisation of the apartment occupied by me and
my family in accordance with the lease agreement № _______ of ______ 20____
at the address: ____________________________ by repurchase at residual value
(or in instalments for a period of______________________, in equal amounts,
initial payment________________________________________________.
____________________________________________________________________
(full name) (Document number, identity document, date and place of issue, individual
identification number)
Applications: ____________________.
(All adult family members give their consent.)
I, __________________________________________________________________,
(Full name, degree of kinship, identity document number, date of issue and issuing authority,
individual identification number) I agree to the privatisation of the apartment in the name of
______________________________________________________________ (full name)
at the address: __________________________________ under the above conditions.
We hereby confirm the accuracy of the information provided, are aware of our responsibility
for providing inaccurate information in line with the laws of the Republic of Kazakhstan, and
consent to the use of information constituting a legally protected secret, as well as to the
collection, processing, storage, transfer, and use of personal data and other information.
Signed and sent by the service recipient: at___ o’clock "__" _____ 20__.
Data from the electronic digital signature (hereinafter referred to as EDS) of the service
recipient and adult family members: date and time of signing the EDS.
Notification of acceptance of application:
Accepted by the service provider: at ___ o’clock "__" ______ 20__:
Data from the service provider's electronic signature: date and time of signing the electronic
signature.