On approval of the Rules for registering citizens of the Republic of Kazakhstan in need of housing, kandases, in the electronic database "Housing Provision Center"

New Unofficial translation

Order of the Acting Minister of Industry and Construction of the Republic of Kazakhstan dated April 17, 2025 № 130. Registered with the Ministry of Justice of the Republic of Kazakhstan on April 21, 2025 № 36002

      Unofficial translation

      Pursuant to subparagraph 10-32) of Article 10-2 of the Law of the Republic of Kazakhstan “On Housing Relations” and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” I hereby ORDER:

      1. To approve the attached Rules for registering citizens of the Republic of Kazakhstan in need of housing, kandases, in the electronic database "Housing Provision Center".

      2. To invalidate:

      1) The Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated December 27, 2023 No. 168 “On approval of the Rules for registering citizens of the Republic of Kazakhstan in need of housing from the state housing stock or housing rented by a local executive body in the private housing stock” (Registered in the Register of State Registration of Regulatory Legal Acts under No. 33835);

      2) the Order of the Acting Minister of Industry and Construction of the Republic of Kazakhstan dated June 18, 2024 No. 223 “On Amending and Supplementing the Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated December 27, 2023 No. 168 “On Approval of the Rules for Registering Citizens of the Republic of Kazakhstan in Need of Housing from the State Housing Stock or Housing Rented by a Local Executive Body in the Private Housing Stock” (Registered in the Register of State Registration of Regulatory Legal Acts under No. 34525).

      3. In the manner prescribed by Law the Committee for Construction and Housing and Public Utilities of the Ministry of Industry and Construction of the Republic of Kazakhstan shall ensure:

      1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;

      2) posting of this order on the Internet resource of the Ministry of Industry and Construction of the Republic of Kazakhstan.

      4. Control over the execution of this order shall be assigned to the supervising Vice Minister of Industry and Construction of the Republic of Kazakhstan.

      5. This order shall take effect on May 24, 2025 and is subject to official publication.

      Acting Minister
of Industry and Construction
of the Republic of Kazakhstan      K. Kazhkenov

      "AGREED"
Ministry of the National Economy
of the Republic of Kazakhstan

      " AGREED "
Ministry of Digital Development, Innovations
and Aerospace Industry
of the Republic of Kazakhstan

  Approved by the Order
  of the acting Minister
  of Industry and Construction
  of the Republic of Kazakhstan
dated April 2025 No.130

Rules for registering citizens of the Republic of Kazakhstan in need of housing, kandases, in the electronic database "Housing Provision Center" Chapter 1. General provisions

      1. These Rules for registering citizens of the Republic of Kazakhstan in need of housing, kandases, in the electronic database “Housing Provision Center” (hereinafter – the Rules) have been developed in pursuance of subparagraph 10-32) of Article 10-2 of the Law of the Republic of Kazakhstan “On Housing Relations” (hereinafter referred to as the Law), subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” and establish the procedure for registering citizens of the Republic of Kazakhstan in need of housing, kandases in the electronic database “Housing Provision Center”.

      2. Information on the procedure for rendering public services and amendments and (or) additions to by-laws that determine the procedure for rendering public services shall be sent to the State Corporation and the Unified Contact Center within three working days from the date of their approval or amendment, in accordance with subparagraph 13) of Article 10 of the Law of the Republic of Kazakhstan “On State Services”.

      3. The following basic concepts shall be used in the Rules:

      1) the single republican electronic database - an electronic database containing information on citizens of the Republic of Kazakhstan, kandases, registered as needing housing by local executive bodies in accordance with the Law;

      2) a service recipient - a citizen of the Republic of Kazakhstan, kandas, recognized as needing housing under Article 69 of the Law, who has filed an application for registration as needing housing in the electronic database “Housing Provision Center”;

      3) service provider - a housing construction savings bank with the status of a national development institute, registering citizens of the Republic of Kazakhstan in need of housing, kandases, in the electronic database “Housing Provision Center”, in accordance with the requirements of the Law;

      4) kandas - an ethnic Kazakh and (or) members of his family of Kazakh ethnicity, who were not previously citizens of the Republic of Kazakhstan, who received the corresponding status in the manner established by the authorized body for population migration issues;

      5) informatization facility “electronic database “Housing Provision Center”” (hereinafter referred to as the informatization facility) - an electronic database containing data on citizens of the Republic of Kazakhstan, kandases, registered as needing housing by a housing construction savings bank with the status of a national development institute, in the procedure determined by this Law;

      6) authorized body - the central executive body that exercises management and cross-sectoral coordination in the housing relations and housing and utilities;

      7) electronic digital signature (hereinafter referred to as EDS) – a set of electronic digital symbols created by means of an electronic digital signature and validating an electronic document, its ownership and immutability of its content.

Chapter 2. Procedure for registering citizens of the Republic of Kazakhstan in need of housing, kandases

      4. Registration of those in need of housing shall be carried out centrally through the Informatization Facility.

      5. To register those in need of housing in the Information Facility, the Service Recipient, using an EDS, logs in to the Service Provider's Internet resource and opens his personal account, in which he files an application.

      6. When registering citizens of the Republic of Kazakhstan, kandases for housing in cities of the national status, the capital, the domicile registration for the last three years is required. This requirement does not apply to orphans, children deprived of parental care (without a parent), under twenty-nine years old, or those who lost their parents before reaching adulthood.

      7. Adult citizens of the Republic of Kazakhstan, kandases, recognized as needing housing under Article 69 of the Law, meeting the following requirements shall be registered through the Informatization Object:

      1) who have not had own housing on the territory of the Republic of Kazakhstan for the last five years when registering as needing housing in the single republican electronic database and the electronic database “Housing Provision Center”;

      2) whose only accommodation is recognized as emergency housing under the legislation of the Republic of Kazakhstan, the registration of which is made at the location of this housing by local executive bodies.

      8. When registering as needing housing through the informatization Facility, the Service Recipient shall indicate belonging to the category of persons indicated in paragraph 1 of Article 74 of the Law.

      9. In the absence of data on belonging to the category of persons indicated in paragraph 1 of Article 74 of the Law, the Service Recipient shall have the right to apply to the relevant authorized state bodies to make the necessary adjustments.

      10. The absence of belonging to the category of persons indicated in paragraph 1 of Article 74 of the Law shall not be the ground for denying the registration as needing housing in the informatization Facility.

      11. Registration of orphans and children deprived of parental care (without a parent) in need of housing shall be made on the basis of paragraph 3 of Article 71 of the Law.

      12. When registering as needing housing, the Service Provider shall be obliged to obtain the consent of citizens of the Republic of Kazakhstan, kandases and their family members to the collection and processing of personal data as required by Article 8 of the Law of the Republic of Kazakhstan “On Personal Data and Their Protection”.

      13. When registering as needing housing the Service Recipient shall sign and transfer to the Service Provider through the Informatization Facility, an application for registration in the electronic database “Housing Provision Center” in accordance with Appendix 3 to these Rules.

      In cases, stipulated by the legislation of the Republic of Kazakhstan, the application for registration in the electronic database “Housing Provision Center” shall be submitted by the legal representatives of the Service Recipient.

      The Service Provider shall accept and within 1 (one) working day process the application, check the service recipient’s compliance with the main requirements to the service recipient specified in paragraph 6 of these Rules and compliance with belonging to the category of persons defined in paragraph 1 of Article 74 of the Law.

      When registering citizens of the Republic of Kazakhstan in need of housing, kandases, whose only home is recognized as emergency housing in the manner prescribed by the legislation of the Republic of Kazakhstan, the application processing term shall be 3 (three) working days. The Service Provider shall check

      the electronic copy of the technical report (based on the technical inspection of the home) by a certified expert in the architectural, urban planning and construction activities, attached to the application in accordance with Appendix 1 to the Rules.

      The service provider shall verify compliance of the service recipient and his/her family members with the main requirements through the relevant state information systems.

      14. The main requirements for the provision of the state service “Registration of citizens of the Republic of Kazakhstan in need of housing, kandases in the electronic database “Housing Provision Center” are listed in Appendix 1 to these Rules.

      15. Citizens of the Republic of Kazakhstan and kandases shall be denied registration as needing housing in the following cases:

      1) if they are included in the Unified Republican Electronic Database;

      2) if they own or owned housing in the territory of the Republic of Kazakhstan during the last five years when registering as needing housing in the Informatization Facility;

      3) they own housing in the given locality when registering as needing housing from the housing stock of a state institution;

      4) if they own housing on the right of ownership in the Republic of Kazakhstan when registering as needing housing from the housing stock of a state enterprise;

      5) if they have housing provided for use from the state housing stock or housing rented by a local executive body from the private housing stock;

      6) if the submitted documents and (or) information contained inaccurate data;

      7) if they previously received and privatized housing from the state housing stock;

      8) if they have a single home recognized in emergency condition under the legislation of the Republic of Kazakhstan, which is located in another locality;

      9) if they acquired housing in ownership using a mortgage housing loan within the framework of the mortgage program approved by the National Bank of the Republic of Kazakhstan, documents of the State Planning System of the Republic of Kazakhstan, state housing construction programs, the conception for development of an industry (sphere), approved by the Government of the Republic of Kazakhstan.

      16. The decision on putting citizens of the Republic of Kazakhstan, kandases, on the register of needing housing in the Informatization Facility with the sending of a notification of registration or reasoned denial of registration shall be made by the Service Provider and sent to the citizen of the Republic of Kazakhstan, kandases, by means of a notification in the personal account of the Service Recipient and the subscriber device of the cellular communication to his subscriber number in the form of a text message, in the case of registration and connection of the subscriber number of the service recipient, provided by the cellular operator to the portal account.

      17. If grounds for denied public service are identified in accordance with Article 73 of the Administrative Procedural and Process-Related Code of the Republic of Kazakhstan, the Service Provider shall notify the Service Recipient of the preliminary decision, of the denied public service, as well as the time, date and place (method) of the hearing so that the Service Recipient could express his position on the preliminary decision.

      Notification of the hearing shall be sent at least 3 (three) working days before expiry of the term for the public service provision. The hearing shall be held no later than 2 (two) working days from the date of notification.

      Upon the hearing results the Service Recipient shall be sent a positive result or a reasoned denial of the public service in the form of an electronic document signed by the digital signature of the authorized person of the Service Provider or on paper.

Chapter 3. Procedure for appealing decisions, actions (inaction) of a service provider on state services rendering

      18. A complaint against decisions, actions (inaction) of the Service Provider and (or) their employees on matters of rendering public services shall be addressed to the head of the Service Provider.

      A complaint from the Service Recipient received by the Service Provider directly rendering the public service, in accordance with paragraph 2 of Article 25 of the Law on Public Services, shall be processed within five working days from the date of its registration.

      A complaint from the Service Recipient received by the authorized body for assessment and control over the public services quality shall be processed within fifteen working days from the date of its registration.

      When applying through the portal, information on the appeal procedure can be obtained by calling the single contact center for public services.

      19. The complaint shall be processed by the authorized body exercising state regulation and control over the state registration of legal entities and registration of branches and representative offices, the authorized body for public services quality assessment and control (hereinafter referred to as the body processing the complaint).

      The complaint shall be submitted to the Service Provider whose decision, action (inaction) is being appealed.

      The Service Provider whose decision, action (inaction) is being appealed shall, no later than three working days from the date of accepting the complaint, forward it and the administrative case to the body processing the complaint.

      In this case, the Service Provider whose decision, action (inaction) is being appealed shall have the right not to forward the complaint to the body processing the complaint if it makes a decision or other administrative action within three working days that fully satisfies the requirements stated in the complaint.

      Unless otherwise provided by law, an appeal may be brought to the court after a pre-trial action.

  Appendix 1
to the Rules for registering
citizens of the Republic of Kazakhstan,
in need of housing, kandases
  in the electronic database
“Housing provision center”

List of main requirements for providing the public service “Registering citizens of the Republic of Kazakhstan in need of housing, kandases, in the electronic database “Housing provision center”

1

Name of the service provider

The public service is rendered by the housing construction savings bank with the status of a national development institute (further-the Service Provider)

2

Ways of the public service rendering

Informatization facility “electronic database “Housing provision center”
(further - Informatization facility) www.otbasybank.kz

3

Public service rendering term

1) when registering citizens of the Republic of Kazakhstan in need of housing, kandases, who have not had own housing on the territory of the Republic of Kazakhstan in the last five years – 1 (one) working day;
2) when registering citizens of the Republic of Kazakhstan in need of housing, kandases whose only home is recognized as emergency housing under the legislation of the Republic of Kazakhstan - 3 (three) working days.

4

Form of the public service rendering

when registering citizens of the Republic of Kazakhstan in need of housing, kandases, who have not had own housing on the territory of the Republic of Kazakhstan in the last five years – electronic (fully automated);
2) when registering citizens of the Republic of Kazakhstan in need of housing, kandases whose only home is recognized as emergency housing under the legislation of the Republic of Kazakhstan - electronic (fully automated);

5

Public service rendering result

Notification of registration or reasoned denial of the registration of citizens of the Republic of Kazakhstan in need of housing, kandases.

6

The amount of fee the service recipient is charged for the provided public service, and ways of its collection in cases stipulated by the legislation of the Republic of Kazakhstan

Free of charge

7

Work schedule of the Service Provider and Informatization facility

1) Service Provider – Monday to Friday, according to the established schedule from 9.00 to 18.30 , excepting weekends and holidays , pursuant to the Labor Code of the Republic of Kazakhstan with a lunch break from 13.00 to 14.30;
2) Informatization facility – round the clock, excepting service breaks for repair works (when a service recipient applies after working hours, on weekends and public holidays according to the labor legislation of the Republic of Kazakhstan, applications are accepted and public service results are issued on the next working day).

8

List of documents and information required of the public service recipient for the public service to be rendered

1) when registering citizens of the Republic of Kazakhstan in need of housing, kandases, who have not had own housing on the territory of the Republic of Kazakhstan in the last five years:
electronic application in the form of Appendix 1 to the Rules.
2) when registering citizens of the Republic of Kazakhstan in need of housing, kandases whose only home is recognized as emergency housing under the legislation of the Republic of Kazakhstan:
electronic application in the form of Appendix 1 to the Rules;
electronic copy of the technical report (based on the technical inspection of the home) by a certified expert in architectural, urban planning and construction activities.
The service provider retrieves information on identity documents, marriage or divorce certificates, birth certificates of children, certificates of the presence or absence of housing (in the Republic of Kazakhstan) owned by them from the relevant state information systems through the “electronic government” gateway.

9

Grounds for denied public service, established by the Law of the Republic of Kazakhstan
 

1) established unreliability of documents, submitted by the service recipient for the sought public service, and (or) data (information) contained therein;
2) non-compliance of the service recipient and (or) the submitted documents, objects, data and information, necessary for the public service, with the requirements, established by these Rules;
3) citizens whose only home has been recognized as emergency housing in accordance with the procedure established by the legislation of the Republic of Kazakhstan, when applying outside the settlement in which the home was recognized as emergency, and also if it was established that the citizen became in need as a result of deliberate deterioration of his or her housing conditions over the past five years by:
exchanging residential premises;
alienation of the dwelling suitable for habitation, which was owned by him, regardless of whether it was located in the same or another populated area of ​​the Republic of Kazakhstan, except for cases when the dwelling was acquired by the local executive body;
destruction or damage to the home through his or her fault;
moving out of the dwelling, while living in which he was not in need of a dwelling from the public housing stock or a dwelling rented by the local executive body in the private housing stock;
accommodating of persons other than the spouse, minor and disabled children, as well as disabled parents;
4) absence of consent of the service recipient, provided by Article 8 of the Law of the Republic of Kazakhstan “On Personal Data and Their Protection”, to access personal data of restricted access that are required for the public service.

10

Other requirements given the public service specifics, including in the electronic form
 

1) the service recipient can receive the public service in electronic form through the portal subject to availability of EDS.
2) the service recipient can receive information on the procedure and status of the public service provision in the remote access mode through the personal account of the portal, the service provider's help desks, as well as the Single Contact Center "1414", 8-800-080-7777.
3) to receive public services in electronic form through the portal, the entities receiving services in electronic form can use one-time passwords in accordance with the legislation of the Republic of Kazakhstan.


  Appendix 2
to the Rules for registering
citizens of the Republic of Kazakhstan,
in need of housing, kandases
  in the electronic database
“Housing provision center”
  Form

Application for registration in the electronic database "Housing Provision Center"

      I hereby, ________________________________________________________

      ____________________________________________________________________

      (Surname, First Name, Patronymic (if any), date of birth, number and date of issue

      of the Identity document, residence (registration) address are

      automatically filled after entering the Individual Identification Number)

      Request to be registered in the electronic database

      “Housing provision center” as needing housing.

      I hereby, ________________________________________________________

      ____________________________________________________________________

      (Surname, First Name, Patronymic (if any), date of birth, number and date of issue

      of the Identity document, residence (registration) address are

      automatically filled after entering the Individual Identification Number),

      being the authorized person/ legal representative, and also acting

      on behalf and in the interests of _________________________________________________

      (Surname, First Name, Patronymic (if any) of the principal/ minor)

      Request to register __________________________________________________

      (Surname, First Name, Patronymic (if any) of the principal/ minor)

      in the electronic database “Housing provision center”, as needing housing.

      I do not object to checking me and my family members for presence or absence of housing in

      the Republic of Kazakhstan.

      I agree to collection and processing of data and use of the data,

      constituting a legally protected secret, contained in the information systems.

      I agree to publication of the data on the Internet resource of the “Otbasy Bank” JSC as required

      by Article 71 and 78 of the Law of the Republic of Kazakhstan

      “On Housing Relations”.

      I am notified and agree to registration as needing housing

      without belonging to the category of persons under Paragraph1 of Article74 of the Law in

      the absence of supporting information in the state databases.

      Mobile phone number: ______________________________;

      E-mail: ______________________________________.

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