Unofficial translation
Footnote. Throughout the whole text the numerals “I – VI” are respectively substituted by the numerals “1 – 6” after the word “Section” in accordance with Law of the Republic of Kazakhstan dated 20.12.2004 № 13 (enforced from 01.01.2005).
Footnote. Throughout the whole text:
the words “national service” are in all cases substituted by the words “military service” by Law of the Republic of Kazakhstan dated 22.05.2007 № 255 (enforced from date of official publication).
the words “necessities”, “separate (individual)”, and “separate” are respectively substituted by the words “needs”, “individual (separate)” by Law of the Republic of Kazakhstan dated 08.06.2009 № 163-IV.
the words “oralman” and “oralmans” shall be replaced respectively by the words “kandas”, and “kandases” by the Law of the Republic of Kazakhstan dated 13.05.2020 № 327-VI (effective from 01.01.2021).
SECTION 1
Chapter 1. General provisions
Article 1. Housing legislation of the Republic of Kazakhstan
1. Housing legislation of the Republic of Kazakhstan regulates relations with participation by citizens, legal entities and State bodies linked with:
1) grounds for creation and termination of rights of ownership of a dwelling place and right to exercise them;
2) exercising the right to use apartments, non-residential premises, parking spaces, storerooms and receiving utilities;
3) requirements for individual and multi-apartment residential buildings;
4) preservation and repair of housing stock;
5) control of state bodies for respect of civil rights regarding housing and use of housing stock;
6) features of housing provision for employees of law enforcement agencies, special public authorities, civil defence bodies (with the exclusion of cadets and/or students) and military personnel (apart from military personnel serving fixed-term military service, military personnel serving in the reserves, cadets and military students, persons liable for military service who have been called up for military training);
7) implementation of the national project on modernization of energy and communal sectors.
2. Housing relations in Kazakhstan shall be regulated by this Law and regulations of the Civil Code and other Kazakh legislation issued in accordance therewith.
3. Relations linked with financing of construction, development and increasing of housing stock shall be regulated by relevant Kazakh legislation in recognition of the requirements of this Law.
4. Accommodation (stay) in hotels, boarding houses, boarding schools, medical and social institutions (organizations) and other similar facilities shall be regulated by the legislation of the Republic of Kazakhstan.
5. The laws of the Republic of Kazakhstan “On Public Procurement” and "On Procurement by Certain Quasi-Public Sector Entities" shall not apply if the owner of apartments, non-residential premises, parking spaces, and storerooms is an organization with state participation, to legal relations regulated by this Law, in terms of payment of:
1) current contributions;
2) cumulative contributions;
3) target contributions;
4) for the maintenance of parking spaces, storerooms.
Footnote. Article 1 as amended by Laws of the Republic of Kazakhstan dated 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication); 13.02.2012 № 553-IV (enforced from 01.01.2013); dated 13.06.2017 № 69-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 06.10.2020 № 365-VI (effective ten calendar days after the date of its first official publication); dated 01.04.2021 № 26-VII (effective from 01.01.2021); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication); dated 15.04.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication); № 196-VIII of 24.06.2025 (shall come into effect on 30.06.2025); № 203-VIII of 30.06.2025 (shall be enacted on 01.07.2025); dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication); dated 17.07.2025 № 213-VIII (shall be enforced upon expiry of ten calendar days after its first official publication).Article 2. Basic definitions used in this Law
The following basic definitions shall be used in this Law:
1) emergency multi-apartment residential building - a multi-apartment residential building in which the main supporting structures (foundations, columns, load-bearing walls, beams, floors) have lost their bearing capacity and further operation of which poses a danger to the lives of residents (staying), recognized as not subject to restoration by the conclusion of a legal entity, accredited to carry out technical supervision and technical inspection of the reliability and stability of buildings and structures;
1-1) current contributions – mandatory monthly contributions from owners of apartments and non-residential premises to cover the costs of managing a condominium;
2) low-income families (citizens) – persons, who have the right to receive housing assistance in accordance with the housing legislation of the Republic of Kazakhstan;
1-3) military servants - citizens of the Republic of Kazakhstan, who are in military service in the Armed Forces, other troops and military formations of the Republic of Kazakhstan;
1-4) managing company - a business entity providing services for the management of a condominium facility on the basis of a concluded contract for the management of a condominium object or the minutes of a meeting of owners of apartments, non-residential premises of a multi-apartment residential building;
1-5) unified republican electronic database - an electronic database containing information about citizens of the Republic of Kazakhstan, kandas, registered as needing housing by local executive bodies in accordance with this Law;
1-6) budgetary organizations - state institutions and public enterprises;
1-7) departmental housing stock – service housing on the balance sheet of state institutions, intended for provision to civil servants appointed to a position on a rotational basis, by decision of the housing commission for residence during the performance of official duties without the right of further privatization;
1-8) unified settlement сenter – legal entities that comply with the requirements and operational procedures established by the competent authority, which perform the issuance of a unified payment document and ensure interaction between communal service providers and communal service consumers through information systems;
1-9) unified payment document – a document drawn up on paper or generated in electronic form, on the basis of or with the help of which a payment and (or) transfer of money is made, drawn up for the payment of communal and additional services;
2) individual (separate) property – the property of citizens, legal entities, the state for an apartment, non-residential premises, parking space, storage room;
3) voting - a procedure in which owners of apartments, non-residential premises, parking spaces, storerooms express their opinions in order to make decisions on issues related to the management of a condominium facility by counting votes;
4) rental house – a multi-apartment residential building, owned by an individual or a legal entity, the apartments in which are intended for rent;
5) lender - a party to the lease contract for a dwelling, who is the owner of the dwelling or a person, authorized by the owner to rent out the dwelling;
6) tenant - a party to a dwelling lease contract, who receives a dwelling or a part of it for use;
7) hall of residence – residential building especially built or reequipped for accommodation of persons working under a labour agreement, for students (cadets, post-graduates) and persons in full-time education, and other persons in a labour agreement with an owner or tenant of a hall of residence;
7-1) personal special account - a current bank account opened by recipients of housing benefits in a second-tier bank for crediting housing benefits and making payments for established purposes;
8) private housing fund – dwellings, owned by individuals or non-state legal entities;
9) land plot – territory allotted to a residential house (residential building) as established by Kazakh legislation;
9-1) cumulative contributions – mandatory monthly contributions by owners of apartments, non-residential premises, parking spaces, storerooms for major repairs of common property of a condominium or its individual parts;
10) communal services - services provided to the consumer, including water supply, sewerage, gas supply, electricity supply, heat supply, waste disposal, elevator maintenance, to ensure safe and comfortable living (staying) conditions;
10-1) public housing stock – dwelling places under the supervision of local executive bodies and allotted to special state housing provision institution for use;
11) a condominium object - a single property complex consisting of apartments, non–residential premises, parking spaces, storerooms that are individually (separately) owned, and common property that cannot be individually (separately) owned and belongs to the owners of apartments, non-residential premises, parking spaces, storerooms on the basis of the right of common shared ownership, including a single indivisible land plot under an apartment building and (or) an adjacent land plot;
12) management of the condominium object - a set of measures, aimed at creating safe and comfortable living (staying) conditions for the owners of apartments, non-residential premises, parking spaces, storerooms, as well as the proper maintenance of the common property of the condominium object, regulation of the procedure for its use, organization of the provision of utilities;
13) expenses for the management of the condominium object and the maintenance of the common property of the condominium object – mandatory contributions of the owners of apartments, non-residential premises, established by the decision of the meeting in accordance with the methodology for calculating the cost estimates for the management of the condominium object and the maintenance of the common property of the condominium object, as well as the methodology for calculating the minimum amount of expenses for the management of the condominium object and the maintenance of the common property of the condominium object;
14) common property of the condominium object - parts of a condominium object (facades, entrances, lobbies, halls, corridors, stair flights and stair landings, elevators, roofs, entrance canopies, attics, technical floors, basements, common engineering systems and equipment, individual mailboxes, the land plot beneath a multi-apartment residential building and/or the adjoining land plot, landscaping elements, and other common-use property), excluding apartments, non-residential premises, parking spaces, and storerooms held in individual (separate) ownership;
15) current repairs of the common property of the condominium object - a set of timely technical measures and works on replacement or restoration of components and engineering equipment of a multi-apartment residential building, established by regulatory and technical documentation, carried out in order to prevent their premature wear and to eliminate the malfunctions;
15-1) capital repair of the common property of the condominium object - a set of measures and works on replacement of worn-out structures, parts and engineering equipment of a multi-apartment residential building with new or more durable and economical ones, which improve the performance of the repaired objects, conducted in order to restore the resource of a multi-apartment residential building;
15-2) excluded by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication);15-3) excluded by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication);
15-4) the common property of a condominium object of limited use - a part of the common property of a condominium object transferred in accordance with the procedure defined by this Law for use to the owner of an apartment, non-residential premises, parking space, storage room or a third party;
16) a large family - a family consisting of four or more minor children living together, including children studying full–time in general education or vocational programs in organizations of general secondary, technical and vocational, post-secondary, higher and (or) postgraduate education, after they reach adulthood until the time of graduation from educational organizations (but not more than until the age of twenty-three);
16-1) multi-apartment residential building - a separate building with a single foundation on a single indivisible land plot, consisting of the common property of the condominium object, which is a common shared property, and two or more apartments, non-residential premises with independent exits to the land plot adjacent to the multi-apartment residential building, or in other parts of the common property of the condominium object;
16-2) excluded by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication);16-3) adjoining land plot of a multi-apartment residential building (hereinafter- an adjoining land plot) - a land plot, adjacent to a multi-apartment residential building and intended for improvement, landscaping, placement of sports, playgrounds, access roads, parking lots, sidewalks, small architectural forms;
16-4) the council of an apartment building (hereinafter referred to as the house council) - a collegial management body of a condominium object, elected from among the owners of apartments, non-residential premises;
16-5) excluded by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication);16-6) an association of property owners of a multi-apartment residential building (hereinafter- an association of property owners) - a legal entity that is a non-commercial organization, formed by the owners of apartments, non-residential premises of one multi-apartment residential building, carrying out management of the condominium object, financing its maintenance and ensuring its safety;
16-7) parking facility of a multi-apartment residential building (hereinafter – the “parking facility”) – a non-residential premises intended for the parking of motor vehicles, consisting of parking spaces;
16-8) meeting of the owners of apartments, non-residential premises of a multi-apartment residential building (hereinafter- a meeting) - a supreme management body of the condominium object, ensuring collective discussion and (or) decision-making related to the management of the condominium object;
17) re-equipment – change of premises linked with change of its functional purpose, full or partial replacement of the internal system of technological and/or p engineering equipment, required for living and operation;
18) alteration – a modification of the layout of an apartment or non-residential premises involving a modification of the boundaries of such apartment or non-residential premises;
18-1) storeroom – a place provided for by the design and estimate documentation of an apartment building, which is not a non-residential premises, intended for storing property in compliance with fire safety standards and other requirements, located outside the apartment, which does not have a total of common house engineering systems, as well as a separate entrance group and is in individual (separate) ownership;
19) sub-tenant - a party to a dwelling sublease contract, receiving a dwelling or part of it for use from a tenant;
20) office dwelling – a dwelling with a special legal regime provided from the housing stock of a state institution and intended for the use by citizens of the Republic of Kazakhstan for the period of performance of their duties related to the nature of their employment relations, including during the rotation of civil servants, as well as those participating in active measures to promote employment in accordance with the legislation of the Republic of Kazakhstan on social protection;
20-1) is excluded by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication);21) housing equivalent to service housing is the housing alotted from the municipal housing fund to civil servants, employees of budgetary organisations, military personnel, cosmonaut candidates, cosmonauts, employees of special state bodies and law enforcement agencies, civil defence agencies, as well as persons holding elected public office, or from the housing stock of a state-owned enterprise to employees of that state-owned enterprise;
21-1) state enterprise housing stock – dwelling places supervised by a state enterprise;
21-2) state institution housing stock – dwelling premises supervised by state institutions, with the exception of a special state institution providing dwelling places for use;
22) state housing fund – dwellings, belonging to the communal housing fund, housing fund of state enterprises or housing fund of state institutions and which are part of republican or communal property;
22-1) target contributions – contributions by the owners of apartments, non-residential premises, parking spaces, storerooms to pay for activities not provided for in the annual cost estimates for the management of the condominium object;
23) kandas - an ethnic Kazakh and (or) members of his family of Kazakh ethnicity who were not previously citizens of the Republic of Kazakhstan, repatriated to their historical homeland and received the appropriate status in accordance with the Law of the Republic of Kazakhstan On Migration;
23-1) parking space – a parking space for a vehicle in a parking lot (garage, if available), which is not a non-residential premises and is in individual (separate) ownership;
23-2) current contributions for the maintenance of parking spaces, storerooms - mandatory monthly fees of owners of parking spaces, storerooms to cover the costs of maintaining parking spaces, storerooms;
24) apartment - a separate dwelling, which is a part of a multi-apartment residential building, intended and used for permanent residence;
24-1) cooperative of owners of apartments (non-residential premises) – a non-profit organization established by the owners of apartments and non-residential premises for the purpose of providing management services in respect of a condominium object on the basis of a condominium management agreement or a resolution of the meeting of owners of apartments and non-residential premises of a multi-apartment residential building;
24-2) excluded by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication);24-3) rotational payments – payments for the purpose of renting housing, established in accordance with the legislation of the Republic of Kazakhstan in the field of public service to civil servants rotated to another locality;
25) Is excluded by Law of the Republic of Kazakhstan dated 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication);26) single-parent family - a family in which children (a child) are raised by one of the parents, including a divorced parent;
27) a non-residential premise - a separate interior space in a multi-apartment residential building, complying with construction, sanitary, ecological, fire-prevention and other mandatory norms and rules, provided for at the project stage, the boundaries of which are inner surfaces of the walls, floor and ceiling (interfloor floors), unless otherwise provided by the legislation of the Republic of Kazakhstan, used for purposes other than permanent residence (office, shop, cafe, hotel, hostel and other objects of the sphere of services to the population) and being in individual (separate) ownership, with the exception of the common property of the condominium object.
Parking refers to non-residential premise if it is in individual (separate) ownership;
28) dwelling - a separate residential unit (individual residential house, apartment, dormitory room, modular (mobile) residential building), intended and used for permanent residence, meeting the established construction, sanitary, environmental, fire safety and other mandatory norms and rules.
A modular (mobile) residential building shall be understood to be an object intended and used for the residence of employees of special state bodies, military servicemen and members of their families, located in closed and isolated garrisons, border stations and other closed facilities;
29) lease/rent of dwelling place – provision of a dwelling place or part thereof to tenant (lessee) in permanent or temporary ownership and for a fee;
30) dwelling rental contract - a contract according to which the lender grants the right to use the dwelling or part of it to the tenant for a fee;
31) privatization of a dwelling - acquisition by the citizens of their occupied dwellings from the state housing fund, carried out in accordance with this Law;
32) dwelling sublease contract - a contract between the parties, according to which the sub-tenant receives the right to use the dwelling or part of it for a fee;
33) floor area of dwelling place – total usable floor space of a dwelling place and balconies (loggia, verandas, terraces), calculated using decreasing coefficients in accordance with normative and technical acts;
34) cost of dwelling place – market price of a dwelling place, determined on date of completion of transaction;
35) usable space of dwelling place – sum of living and non-living spaces of dwelling place;
36) living space of dwelling place – total area of living rooms (bedrooms, sitting rooms, children’s room, home office and others) in a dwelling place (flat), calculated in square metres;
37) non-living space of dwelling place – total area of indoor utility rooms (kitchen, bathroom, toilet room, lobby, corridor, box room and others) in a dwelling place (flat), calculated in square metres;
38) requisition of dwelling place – compulsory seizure of a dwelling place from an owner in emergency situations following decision of state bodies as established by Kazakh legislative acts, with payment of costs of exempted dwelling place or other types of compensation, not inconsistent with Kazakh legislative acts;
39) is excluded by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication);40) is excluded by Law of the Republic of Kazakhstan dated 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication);
40-1) depreciated cost of dwelling place (hereinafter - depreciated cost) – initial cost of a dwelling place after deduction of dilapidation of dwelling place;
40-2) dilapidation of dwelling place – loss of initial technical and operational performance (strength, rigidity, reliability &c) following exposure to natural, climatic and other factors;
41) floor area of residential house (residential building) – total floor areas of all dwelling places and areas of all non-residential premises, and areas of parts of residential house commonly owned;
41-1) state support measures aimed at improving housing conditions - a set of measures determined by this Law for state support of citizens of the Republic of Kazakhstan, kandas registered as needing housing in the unified republican electronic database, the electronic database "Housing Provision Center";
42) housing-communal services – a housing fund, as well as a set of organizations, ensuring maintenance of multi-apartment residential buildings and engineering-communication infrastructure throughout the entire life cycle, creating safe and comfortable conditions for living (staying);
43) housing assistance - payment from the local budget, provided to low-income families (citizens) for compensation the difference between the expenses for maintenance of a single dwelling or part of it, owned or received from the state housing fund, or leased by a local executive body in the private housing fund, and the maximum allowable level of expenses of low-income families (citizens) for these purposes, established by local representative bodies in the manner, determined by this Law;
43-1) housing fund - dwellings of all forms of ownership, located on the territory of the Republic of Kazakhstan;
44) housing and construction cooperative - a non–profit association of individuals for the purpose of construction of an apartment building and subsequent distribution among the members of the housing and construction cooperative of apartments, non-residential premises, parking spaces, storerooms in accordance with the amount of the share contributions made, valid until the fulfillment of its obligations in accordance with the legislation of the Republic of Kazakhstan;
44-1) electronic database "Housing Provision Center" - an electronic database containing information about citizens of the Republic of Kazakhstan, kandas, 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;
44-2) housing certificate - a form of monetary obligation of a local executive body, provided to citizens of the Republic of Kazakhstan to cover part of the down payment on mortgage housing loans when purchasing housing within the framework of a mortgage program approved by the National Bank of the Republic of Kazakhstan and in accordance with this Law;
44-3) housing payments - money differentiated by region and family composition paid in the form of special cash support to recipients of housing payments at the expense of budgetary funds in exchange for the provision of service housing, also in cases stipulated by Chapter 13-1 of this Law.
Housing payments shall be divided into current and one-off housing payments, monetary compensation in lieu of the right to free privatisation of housing (hereinafter referred to as monetary compensation).
Current housing payments shall be understood to be payments made on a monthly basis under paragraph 1 of Article 101-4 hereof.
One-off housing payments shall be understood to be payments of a one-off nature mentioned in paragraph 4 of Article 101-1, paragraphs 2 and 4 of Article 101-9 and paragraph 1 of Article 101-12 hereof, as well as one-off housing payments paid to recipients of housing payments prior to 1 July 2025.
Monetary compensation means a one-off payment stipulated in Article 101-13 hereof;
44-4) recipient of housing benefits is an employee of a special public authority and a military serviceman (exlcuding military servicemen serving a fixed term, military servicemen serving in the reserve, cadets, students, conscripts called up for military training), as well as law enforcement officers, civil defence officers (except cadets) holding positions eligible for housing benefits who have been assigned housing benefits, as well as family members of the aforementioned officers and military personnel who were deceased (died) while on duty;
45) temporary residents – citizens, who have been granted the right of temporary residence in the dwelling by the tenant (owner of the dwelling, subtenant) without charging them a fee for using the dwelling;
46) authorized body - a central executive body, carrying out leadership and intersectoral coordination in the field of housing relations and housing-communal services;
47) general house engineering systems – systems of cold and hot water supply, drainage, heat supply, gas supply, electricity, smoke removal, fire alarm, internal fire-fighting water supply, freight and passenger elevators (lifts), garbage disposal, air conditioning, ventilation, thermoregulation and vacuuming, low-current engineering systems located in an apartment building outside or inside apartments, non-residential premises, parking space, storerooms and serving two or more apartments, non-residential premises, parking space, storerooms;
48) hostel - non-residential premise in a multi-apartment residential building, having a separate entrance group, or a separate building (part of the building), intended and used for temporary residence (stay) of individuals, meeting the established construction, sanitary, ecological, fire-prevention and other mandatory norms and rules;
48-1) electronic procurement platform of the national project for the modernization of the energy and communal sector (hereinafter – the “electronic platform”) – an information system that enables the conduct of electronic procurement within the framework of the implementation of the national project for the modernization of the energy and communal sector, providing electronic services to ensure an access point for the acquisition of goods, works, and services, the conclusion of turnkey construction contracts, as well as the selection and monitoring of projects within the framework of the implementation of the national project for the modernization of the energy and communal sector;
48-2) technical operator in the sphere of housing relations and housing and communal services of the national project for the modernization of the energy and communal sectors (hereinafter referred to as the technical operator) – a legal entity with 100% state participation in the authorized capital;
49) energy-efficient multi-apartment residential building - a multi-apartment residential building, built using energy-, resource-saving and energy-efficient technologies and materials, corresponding to one of the energy efficiency classes;
50) is excluded by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Footnote. Article 2 in wording of Law of the Republic of Kazakhstan dated 08.06.2009 № 163-IV; as amended by Laws of the Republic of Kazakhstan dated 27.06.2011 № 444-IV (enforced upon expiry of ten calendar days after first official publication); 22.07.2011 № 478-IV (enforced upon expiry of ten calendar days after first official publication); 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication); 06.01.2012 № 529-IV (enforced upon expiry of twenty-one calendar days after first official publication); and 13.02.2012 № 553-IV (enforced from 01.01.2013); Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 № 121-V (enforced upon expiry of ten calendar days after first official publication); By the law of the Republic of Kazakhstan 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.01.2015 № 275-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 23.11.2015 № 417-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.12.2017 № 114-VI (shall be enforced from 01.01.2018); № 243-VI dated 3.04.2019 (shall be enforced upon the expiration of ten calendar days after its first official publication); dated 06.05.2019 № 251-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2019 № 284-VІ (the order of enforcement see Article 2); dated 13.05.2020 № 327-VI (effective ten calendar days after the date of its first official publication dated 06.10.2020 № 365-VI(effective ten calendar days after the date of its first official publication); dated 01.04.2021 № 26-VII (effective from 01.01.2021); dated 15.04.2022 № 114-VII (shall be enforced ten calendar days after the date of its first official publication); dated 20.03.2023 № 214-VII (shall be enforced ten calendar days after the date of its first official publication); dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 20.04.2023 № 226-VII (shall be enforced from 01.07.2023); dated 21.05.2024 № 86-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication); dated 22.11.2024 № 138-VIII (for enforcement procedure, see Art 2); № 196-VIII of 24.06.2025 (shall be put into effect on 30.06.2025); № 203-VIII of 30.06.2025 (shall take force on 01.07.2025); dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication); dated 17.07.2025 № 213-VIII (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 3. Housing stock of the Republic of Kazakhstan
1. The housing stock of the Republic of Kazakhstan shall include private and state housing stock.
2. The housing stock does not include non-residential premises, parking spaces, storerooms in residential buildings.
2-1. Excluded by Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall be effective since 01.07.2025).3. Deprivation of a dwelling shall be allowed only by the court decision in cases, provided for by the laws of the Republic of Kazakhstan.
4. Distinctions of providing the dwelling places into ownership by local executive bodies of regions, cities of republican significance, the capital, districts, and cities of regional significance in the form of encouragement to sportsmen who are champions and prize-winners of the Olympic, Paralympic and Deaflympic Games shall be determined by the Law of the Republic of Kazakhstan "On physical culture and sport".
Footnote. Article 3 as amended by Laws of the Republic of Kazakhstan dated 08.06.2009 № 163-IV; dated 01.03.2011 № 414-IV (enforced from the date of its first official publication); 27.06.2011 № 444-IV (enforced upon expiry of ten calendar days after its first official publication); and 13.02.2012 № 553-IV (enforced from 01.01.2013); dated 03.07.2014 № 229-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.04.2022 № 114-VII (shall be enforced ten calendar days after the date of its first official publication); dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication); № 203-VIII of 30.06.2025 (shall be effective since 01.07.2025).Article 4. Use of apartments, non-residential premises
The use of apartments, non-residential premises, parking spaces, storerooms should not lead to their destruction or damage, violate the living conditions (stay) of other owners of apartments (non-residential premises, parking spaces, storerooms) and must comply with construction, sanitary, environmental, fire and other mandatory standards and rules.
Owners of non-residential premises intended for common use must provide access for persons with disabilities and other people with limited mobility.
Footnote. Article 4 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.04.2022 № 114-VII (shall be enforced ten calendar days after the date of its first official publication); dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 5. Joint operation of residential house
Footnote. Article 5 is excluded by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 6. Management of the condominium object and maintenance of the common property of the condominium object
Footnote. Article 6 was excluded by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).
Article 7. State recording of housing stock of the Republic of Kazakhstan
State recording of the housing stock of the Republic of Kazakhstan, regardless of its ownership, shall be carried out according to the single system for the Republic of Kazakhstan in the manner determined by the authorized body.
Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication).Article 8. Resolution of housing disputes
1. Disputes arising from housing relationships shall be resolved by court.
2. Eviction of citizens and legal entities from occupied housing units shall be allowed only on the basis established by this Law, in a judicial proceeding.
Article 8-1. Responsibility for violation of the housing legislation of the Republic of Kazakhstan
1. Violation of the housing legislation of the Republic of Kazakhstan shall entail liability in accordance with the laws of the Republic of Kazakhstan.
2. Employees of the housing construction savings bank, which has the status of a national development institute, who have access to personal data, as well as to information, data and documents constituting official, commercial, banking or other secrets protected by law, shall be liable in accordance with the laws of the Republic of Kazakhstan for their loss, transfer or other illegal disclosure.
Footnote. Chapter 1 as amended by Article 8-1 in accordance with the Law of the Republic of Kazakhstan 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication).Article 9. Rights and obligations of foreign legal entities, foreign persons and stateless persons in housing relations
1. Foreign legal entities and foreign persons shall, in housing operations in the Republic of Kazakhstan hear equal rights and obligations to legal entities and citizens of the Republic of Kazakhstan, unless Kazakh legislative acts establish otherwise.
2. Stateless persons permanently residing in the Republic of Kazakhstan shall bear equal housing relation rights and obligations to citizens of the Republic of Kazakhstan.
Article 10. International treaties
If international treaties ratified by the Republic of Kazakhstan establish other rules than those contained in Kazakh housing legislation, the rules of these international treaties shall be applied.
Chapter 1-1. Regulation in the field of housing relations and housing-communal services
Footnote. The law has been supplemented by chapter 1-1 in accordance with the Law of the Republic of Kazakhstan dated 08.06.2009 № 163-IV.
Footnote. The title of chapter 1-1 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 10-1. Competence of Government of the Republic of Kazakhstan
The Government of the Republic of Kazakhstan shall:
1) develop the main directions of state policy in the field of housing relations and housing-communal services and organize their implementation;
2) Is excluded by Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);3) excluded by the Law of the Republic of Kazakhstan dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication);
4) Is excluded by Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
5) Is excluded by Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
6) Is excluded by Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
6-1) determine the procedure for privatization of dwelling places from the state housing stock;
6-2) excluded by the Law of the Republic of Kazakhstan dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication);7) excluded by the Law of the Republic of Kazakhstan dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication);
8) determine the technical operator in the sphere of housing relations and housing and communal services of the national project for the modernization of the energy and communal sectors.
Footnote. Article 10-1 as amended by Laws of the Republic of Kazakhstan dated 27.06.201 № 444-IV (enforced upon expiry of ten calendar days after first official publication); 05.07.2011 № 452-IV (enforced from 13.10.2011); 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication); and 03.07.2013 № 124-V (enforced upon expiry of ten calendar days after first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication); dated 17.07.2025 № 213-VIII (shall be enforced upon expiry of ten calendar days after its first official publication).Article 10-2. Competence of authorized body
An authorized body shall:
1) forms and implements state policy in the field of housing relations and housing and communal services;
1-1) carry out coordination and methodological guidance of local executive bodies in the field of housing relations and housing- communal services;
1-2) shall coordinate and provide methodological guidance to the housing construction savings bank, which has the status of a national development institute, in the implementation of the functions provided for by this Law;
1-3) monitor the lists of citizens of the Republic of Kazakhstan, kandas, who are on record as needing housing in the unified republican electronic base, electronic base “Center for housing provision”;
2) Is excluded by Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);3) excluded by Law of the Republic of Kazakhstan dated 13.01.2014 № 159-V (enforced upon expiry of ten calendar days after first official publication);
4) develop and approve regulatory legal acts, regulatory and technical documentation in the field of housing relations and housing-communal services within its competence;
5) excluded by Law of the Republic of Kazakhstan dated 13.01.2014 № 159-V (enforced upon expiry of ten calendar days after first official publication);6) provide informational and methodical assistance on issues of execution of Kazakh housing legislation;
7) monitor the condition of the housing stock;
8) excluded by Law of the Republic of Kazakhstan dated 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication);9) develop and approve the rules for making decisions on management of the condominium object, as well as standard forms of the minutes of the meeting of owners of apartments, non-residential premises of a multi-apartment residential building and a form of a monthly and annual reports on the management of a condominium object;
9-1) approves the rules for providing housing assistance;
9-2) excluded by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective six months after the date of its first official publication);10) Is excluded by Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015);
10-1) excluded by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective six months after the date of its first official publication);
10-2) develop and confirm methods for calculating the amount of payment for use of a dwelling place from the state housing stock;
10-3) Is excluded by Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);10-4) ) develop and approve the method for calculating the cost estimates for the management of the condominium object, as well as the methodology for calculating the minimum amount of contributions for the management of a condominium object;
10-5) develop and approve a standard regulation on housing inspection;
10-6) excluded by the Law of the Republic of Kazakhstan dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication).10-7) is excluded by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication);
10-8) monitor the provision of housing assistance;
10-9) carry out methodological support for introduction of modern methods of housing fund management;
10-10) develop and approve the rules for the management of the condominium object;
10-11) develop and approve standard cooperation contracts between an association of property owners or the subject of management of the condominium object and organizations providing communal services;
10-12) develop and approve the rules for the implementation of the state accounting of the housing stock of the Republic of Kazakhstan;
10-13) approve technical requirements for dwelling places;
10-14) excluded by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective six months after the date of its first official publication);10-15) develop and approve a list of communal services, requirements to a unified payment document and standard rules for the provision of communal services;
10-16) develop and approve the rules for organizing the activities of a housing-construction cooperative and payment of share contributions by the members of a housing-construction cooperative and a standard form of a contract for participation in a housing-construction cooperative, as well as a standard charter of a housing-construction cooperative;
10-17) develop and approve a standard charter of an association of owners of property of a multi-apartment residential building and a standard charter of a cooperative of owners of apartments (non-residential premises);
10-18) develop and approve the rules for registration of contracts for participation in a housing-construction cooperative by local executive bodies;
10-19) develop and approve checklists and criteria for assessing the degree of risk within the boundaries of settlements at social infrastructure facilities in the spheres of housing management, gas and gas supply, in the field of industrial safety on compliance with the requirements for safe operation of hazardous technical devices;
10-20) excluded by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication);10-21) develop and approve a standard contract for the lease of a dwelling;
10-22) participate in the development of professional standards, sectoral qualification frameworks, educational programs for personnel training, creation of a certification system, confirmation and advanced training of specialists on management of a condominium object;
10-23) develop and approve the procedure for the capital repair of the common property of the condominium object;
10-24) develop and approve the rules for formation, processing, as well as centralized collection and storage of information in electronic form, including functioning of objects of informatization in the field of housing relations and housing-communal services in agreement with the authorized body in the field of informatization;
10-25) develop and approve a standard condominium management contract;
10-26) excluded by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication);10-27) develop and approve the rules for the use of lump-sum pension payments to improve housing conditions in accordance with the legislation of the Republic of Kazakhstan;
10-28) develop and approve the rules for determining and appointing a temporary management company by the housing inspectorate to manage the condominium object;
10-29) develops and approves the rules for subsidizing the costs of employers who have built rental housing in a village, settlement, rural district;
10-30) subsidizes the costs of employers who have built rental housing in a village, settlement, rural district;
10-31) develop and approve rules for the use of target savings payments from the unified accumulative pension fund for the purpose of improving housing conditions in accordance with the legislation of the Republic of Kazakhstan;
10-32) develop and approve the rules for registration of citizens of the Republic of Kazakhstan in need of housing, kandas in the electronic database “Center for housing provision”;
10-33) develop and approve the rules for the implementation of state support measures aimed at improving housing conditions;
10-34) develop and approve the rules for registration of persons in need of housing and provision of housing from the housing stock of state institutions and state enterprises;
10-35) subsidize part of the rental housing rented in the private housing stock;
10-36) develop and approve, in coordination with the central authorized budget planning body, the procedure for subsidizing part of the rental for housing rented in the private housing stock;
10-37) develop and approve the rules for subsidizing the coupon rate on bonds issued by the issuer for the subsequent issuance of mortgage housing loans for the purpose of improving housing conditions;
10-38) provide subsidies for the coupon rate on bonds issued by the issuer for the subsequent issuance of mortgage housing loans for the purpose of improving housing conditions;
10-39) develop and approve qualification requirements for a manager of a multi-apartment residential building;
10-40) develop and approve the rules for maintaining a register of multi-apartment residential buildings by forms of management of a condominium object and a register of the subjects of management of a condominium object and managers of multi-apartment residential buildings;
10-41) develop and approve standard tender documentation for projects to modernize and build energy and communal infrastructure as part of the implementation of the national project to modernize the energy and communal sectors;
10-42) develop and approve the rules for planning, selection, coordination of projects, monitoring of design, construction and (or) operation processes in the sphere of housing relations and housing and communal services within the framework of the implementation of the national project for the modernization of the energy and communal sectors;
10-43) establish the procedure for ensuring information security in the field of water supply and (or) sanitation;
10-44) determine the industry information security center in the field of water supply and (or) sanitation;
11) exercise other powers, provided by this Law, other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 10-2 as amended by Laws of the Republic of Kazakhstan dated 17.07.2009 № 188-IV (for method of enforcement see Article 2); 19.03.2010 № 258-IV; 06.01.2011 № 378-IV (enforced upon expiry of ten calendar days after first official publication); 27.06.2011 № 444-IV (enforced upon expiry of ten calendar days after first official publication); 05.07.2011 № 452-IV (enforced from 13.10.2011); 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication); 10.07.2012 № 36-V (enforced upon expiry of ten calendar days after first official publication); 13.06.2013 № 102-V (enforced upon expiry of ten calendar days after first official publication); 03.07.2013 № 124-V (enforced upon expiry of ten calendar days after first official publication); and 13.01.2014 № 159-V (enforced upon expiry of ten calendar days after first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015); dated 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015); dated 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.04.2019 № 243-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.01.2021 № 399-VI (effective from 01.01.2021); dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication); dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 16.11.2023 № 40-VIII (shall enter into force dated 01.01.2024); dated 22.11.2024 № 138-VIII (for enactment order, see Art 2); dated 30.06.2025 № 204-VIII (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication); dated 17.07.2025 № 213-VIII (shall be enforced upon expiry of ten calendar days after its first official publication).Article 10-3. Competence of local state managing bodies of cities of republican significance, the capital city, districts, cities of regional significance
1. Local representative bodies of cities of republican significance, the capital city, districts, cities of regional significance shall carry out powers on ensuring the rights and legitimate interests of citizens in accordance with the legislation of the Republic of Kazakhstan as well as approve the minimum amount of expenses for management of the condominium object within the scope of the monthly calculation indicator established for the relevant financial year by the law on the republican budget.
2. Local executive bodies of cities of republican significance, the capital city, districts, cities of regional significance shall:
1) implement the main directions of state policy in the field of housing relations and housing-communal services;
2) ensure organization of measures on preservation and proper operation of the housing fund;
3) organize the work of the housing inspection for carrying out state control in relation to the subjects of control within the boundaries of settlements at social infrastructure facilities in the spheres of housing fund management, gas and gas supply;
4) organise the work of the housing inspectorate to exercise state control and supervision over the subjects of supervision within the boundaries of settlements at the objects of social infrastructure in the field of industrial safety for compliance with the requirements of safe operation of hazardous technical devices hazardous technical devices;
5) take measures on maintaining the lands of common use, not included in the common property of condominium objects, at the expenses of the local budget;
6) shall ensure, at the expense of the local budget, the conduct of a state technical inspection of functioning multi-apartment residential buildings with the preparation of an inventory list of the common property of the condominium, as well as the preparation (restoration) of the cadastral passport of the real estate object for the multi-apartment residential building and the adjoining land plot, including on the basis of a relevant application submitted by:
owners of apartments, non-residential premises by decision of the meeting;
chairman of the association of property owners;
subject of management of the condominium object;
7) submit the documents for state registration of a condominium object in accordance with the Law of the Republic of Kazakhstan "On State Registration of Rights to Immovable Property";
8) has the right, in the availability of local budget funds, to organize and finance measures for the reconstruction, current or major repairs of external walls and roofs of multi-apartment residential buildings aimed at giving a uniform architectural appearance to a populated area;
9) have the right to organize and finance the repair and replacement of elevators in multi-apartment residential buildings with the condition of ensuring the repayment of funds by the owners of apartments, non-residential premises if funds from the local budget are available;
10) have the right to organize and finance capital repairs of multi-apartment residential buildings with the condition of ensuring the repayment of funds by the owners of apartments, non-residential premises, if funds from the local budget are available;
11) develop and approve rules for organizing and conducting measures on reconstruction, current or major repairs of external walls, roofs of apartment buildings, aimed at giving a uniform architectural appearance to a populated area, as well as rules for ensuring the return of money by owners of the apartments, non-residential premises related to the repair and replacement of elevators, major repairs of an apartment building;
12) provide housing assistance at the expense of the local budget;
13) provide the citizens of the Republic of Kazakhstan with a dwelling from the communal housing fund or a dwelling, rented by a local executive body in the private housing fund in accordance with this Law;
14) carry out the privatization of dwellings from the state housing fund on the conditions and in the manner, determined by this Law;
15) register the contracts of participation in a housing-construction cooperative;
16) develop and approve the rules for provision of communal services in accordance with the list of communal services and standard rules for provision of communal services;
16-1) ensure the inventory of the housing stock and carry out accounting of functioning multi-apartment residential buildings with the completion of the final information in accordance with the rules of formation, processing, as well as centralized collection and storage of information in electronic form, including the functioning of informatization objects in the field of housing relations and housing and communal services;
16-2) monitor the lists of citizens of the Republic of Kazakhstan, kandas, registered as in need of housing in the unified republican electronic database, electronic database “Center for housing provision”, within the relevant administrative-territorial unit;
16-3) provide informational, advisory, methodological assistance to the citizens of the Republic of Kazakhstan, kandas in need of housing, to provide state support measures aimed at improving housing conditions;
17) carry out other powers, assigned to local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local state management.
Footnote. Article 10-3 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 05.04.2023 № 221-VII (shall be enforced from 01.07.2023); dated 06.04.2024 № 71-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication); dated 22.11.2024 № 138-VIII (for enactment order, see Art 2); dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 10-4. Competence of local state managing bodies of districts and cities of national significance
Footnote. Article 10-4 is excluded by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 10-5. Center for the development of housing-communal services
Footnote. Article 10-5 has been excluded by the Law of the Republic of Kazakhstan dated 03.01.2022 № 101-VII (shall be enforced sixty calendar days after the date of its first official publication).
Article 10-6. Objects and subjects of informatization in the sphere of housing relations and housing-communal services
1. The objects of informatization in the sphere of housing relations and housing-communal services shall be electronic information resources, information systems in the sphere of housing relations and housing-communal services.
2. The subjects of informatization (participants) in the field of housing relations and housing and communal services shall be the authorized body, local executive bodies, subjects of natural monopolies, associations of property owners, subjects of management of a condominium object, owners of apartments, non-residential premises, parking spaces, storerooms and other entities.
2-1. The subjects of informatization (participants) in the field of housing relations and housing and communal services, except for consumers, shall transmit data to the technical operator including the data, formed by the unified settlement center.
3. Excluded by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Footnote. Chapter 1-1 is supplemented with Article 10-6 in accordance with the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 03.01.2022 № 101-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication); dated 17.07.2025 № 213-VIII (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 10-7. Housing construction savings Bank with the status of National development institute
1. The housing construction savings bank with the status of a National development institute is a legal entity established by resolution of the Government of the Republic of Kazakhstan, operating in accordance with the legislation of the Republic of Kazakhstan.
2. The housing construction savings bank, which has the status of a national development institute, shall exercise the following functions:
1) maintenance and updating of the unified republican electronic database;
2) formation, maintenance and updating of the electronic database “Center for Housing Provision”;
3) implementation of state support measures aimed to improve housing conditions, as provided for in subparagraphs 2) and 3) of paragraph 1 of Article 10-8 of this Law;
4) other powers stipulated by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Chapter 1-1 has been supplemented by Article 10-7 under the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective six months after the date of its first official publication).Article 10-8. State support measures aimed to improve housing conditions
1. State support measures aimed to improve housing conditions shall include:
1) provision of housing from the communal housing stock or housing rented by the local executive body in the private housing stock;
2) subsidizing part of the rental for housing rented in the private housing stock;
3) provision of concessional mortgage housing loans through the housing construction savings system;
4) provision of housing certificates.
2. State support measures aimed to improve housing conditions provided for in subparagraphs 1) and 4) of paragraph 1 of this article, shall be implemented by local executive bodies.
Footnote. Chapter 1-1 has been supplemented by Article 10-8 under the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective six months after the date of its first official publication).Article 10-9. State control within the boundaries of populated areas over social infrastructure facilities in the spheres of housing stock management, gas and gas supply, and state control and supervision within the boundaries of populated areas over social infrastructure facilities in the field of industrial safety with respect to compliance with the requirements for the safe operation of hazardous technical devices
1. State control shall be carried out by the officials of the housing inspectorate in relation to the subjects of control within the boundaries of populated areas at social infrastructure facilities in the areas of housing stock management, gas and gas supply, as well as state control and supervision in relation to the subjects of control and supervision within the boundaries of populated areas at social infrastructure facilities in the area of industrial safety for compliance with the requirements for the safe operation of hazardous technical devices are carried out through unscheduled inspections and preventive control with a visit to the subject (object) of control and supervision in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.
2. The subjects of state control and supervision shall be:
1) association of property owners;
2) managing entities of the condominium object.
3. the housing inspectorate shall exercise powers with respect to:
1) organization of state technical inspection of multi-apartment residential building;
2) determination of the list, periods and order of major repairs of common property of the condominium object;
3) participation in commissions for acceptance of completed works on major repairs of common property of the condominium object;
4) determination and appointment of a temporary management company;
5) maintenance of a register of multi-apartment residential buildings by forms of management of the condominium object and managing entities of the condominium object;
6) maintaining a register of entities managing a condominium object and managers of multi-apartment residential buildings, posting it on the Internet resource of the local executive body;
7) issuing mandatory orders (representations) to eliminate violations of this Law and the rules for managing a condominium object and drawing up reports on administrative offenses.
The officials of the housing inspectorate who carry out state control and supervision specified in paragraph 1 of this article shall monitor compliance with the requirements for:
1) submission of monthly and annual reports on the management of the condominium property within the established deadlines upon application by owners of apartments, non-residential premises, parking spaces, storerooms;
2) opening of a current account for crediting funds for the management of the condominium property (current account) and a savings account for accumulating funds for major repairs of the common property of the condominium property (savings account) in second-tier banks in accordance with the requirements of this Law within the established deadlines upon application by owners of apartments, non-residential premises, parking spaces, storerooms;
3) implementation of measures to prepare utility networks and equipment for the heating season, proper operation of elevators and lifts for people with limited mobility, smoke removal systems, fire alarms, internal fire-fighting water supply;
4) availability of contracts for the management of the condominium object;
5) availability of registration of condominium facilities;
6) availability of an annual estimate of expenses for the management of the condominium object, approved by the minutes of the meeting;
7) availability of supporting documents on the annual inspection report of the condominium object based on the inventory list of the common property of the condominium object;
8) availability of supporting documents on the performance of work on disinfection, disinsection and deratization of basements, parking lots and other common areas;
9) maintenance in operational (serviceable) condition of parts of the common property of the condominium object (facades, entrances, vestibules, halls, corridors, stairways and landings, elevators, roofs, canopies (awnings) of entrance groups, attics, technical floors, basements, common-house engineering systems and equipment, subscriber mailboxes, a land plot under an apartment building and (or) an adjoining land plot, landscaping elements and other common-use property);
10) compliance with the terms of office of the chairperson of the association of the property owners, the house council and the audit committee (auditor);
11) compliance of the minutes of meetings with the standard forms of minutes of meetings of owners of apartments, non-residential premises of a multi-apartment residential building;
12) the availability of a barrier-free environment for persons with disabilities and other low-mobility groups of the population;
13) the availability of a document from the managing entity of the condominium object, the manager of the multi-apartment residential building, confirming the qualification to perform functions for the management of the condominium object.
4. The powers of the housing inspectorate shall also include other issues stipulated by the laws of the Republic of Kazakhstan.
5. The actions (inaction) of the housing inspectorate may be appealed in the manner determined by the laws of the Republic of Kazakhstan.
Footnote. Chapter 1-1 was supplemented with Article 10-9 in accordance with the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 10-10. Competence of the technical operator
1. The technical operator shall:
1) based on proposals from government agencies implementing government regulation and management in the relevant areas and local executive bodies, jointly form a list of natural monopoly entities participating in the modernization and construction of energy and communal infrastructure, as part of the implementation of the national project for the modernization of the energy and communal sectors;
2) consider preliminary applications and design assignments from natural monopoly entities and local executive bodies for projects involved in the modernization and construction of energy and communal infrastructure, as part of the implementation of the national project for the modernization of the energy and communal sectors;
3) carry out an examination of technical and technological solutions aimed at modernizing the energy and communal sectors of the water supply and sanitation system, production, transmission of heat and electricity;
4) monitor the implementation of projects at the design, construction and (or) operation stages, including energy saving, as part of the implementation of the national project for the modernization of the energy and communal sectors;
5) monitor and coordinate issues of using products of Kazakhstani manufacturers and localizing new and expanding existing production facilities as part of the implementation of the national project for the modernization of the energy and communal sectors;
6) transmit data to the information and communication platform of the "electronic government" in accordance with the legislation of the Republic of Kazakhstan on informatization;
7) organize the use of a single payment document;
8) ensure centralized collection, analysis, storage, safety and confidentiality of electronic information resources and data obtained through the integration of informatization objects in the sphere of housing relations and housing and communal services with the information systems of state bodies;
9) organize the creation and maintenance of information systems in the field of housing relations and housing and communal services, including in the field of water supply and (or) sanitation.
Footnote. Chapter 1-1 was supplemented with Article 10-10 in accordance with the Law of the Republic of Kazakhstan dated 17.07.2025 № 213-VIII (shall be enforced upon expiry of ten calendar days after its first official publication).Article 10-11. Administrator of the electronic platform
1. The administrator of the electronic platform shall:
1) carry out the development, support and system-technical maintenance of the electronic platform;
2) provide consulting assistance on the functioning of the electronic platform;
3) ensure information security for the storage of electronic information resources;
4) interact on issues of integration of information systems of state bodies, state electronic information resources and ensuring information security;
5) provide operational support for the process of submitting and returning security for applications for participation in the competition in accordance with the rules for the procurement of works and services developed and approved by the authorized body;
6) interact with government agencies and other organizations on issues of information support on planned and implemented projects.
2. Purchases of works and services, selection of projects and suppliers, conclusion of contracts, purchase of goods from Kazakhstani manufacturers and conclusion of offtake contracts within the framework of the implementation of the national project for the modernization of the energy and communal sectors shall be carried out on the electronic platform in accordance with the rules for the functioning of the electronic platform, developed and approved by the authorized body.
3. The administrator of the electronic platform shall be determined by the authorized body.
Footnote. Chapter 1-1 was supplemented with Article 10-11 in accordance with the Law of the Republic of Kazakhstan dated 17.07.2025 № 213-VIII (shall be enforced upon expiry of ten calendar days after its first official publication).Article 10-12. Basic provisions for planning and implementing projects, principles for purchasing works and services, selecting projects and suppliers, concluding contracts, purchasing goods from Kazakhstani manufacturers and concluding offtake contracts within the framework of the implementation of the national 1. The implementation of projects within the framework of the national project for the modernization of the energy and communal sectors by a natural monopoly entity shall be carried out in accordance with the rules for the procurement of works and services, the selection of projects and suppliers, and the conclusion of contracts within the framework of the implementation of the national project for the modernization of the energy and communal sectors, developed and approved by the authorized body.
2. The implementation of procurement of works and services within the framework of the implementation of the national project for the modernization of the energy and communal sectors shall be based on the principles of:
1) optimal and efficient spending of funds used for procurement, including by ensuring the ratio of price and quality of purchased works and services;
2) openness and transparency of the process of procurement of works and services;
3) providing potential suppliers with equal opportunities to participate in the procurement of works and services on the basis of a two-stage competition, except for cases of purchasing goods from Kazakhstani manufacturers, carried out in accordance with the provisions of the legislation of the Republic of Kazakhstan on industrial policy;
4) providing support to Kazakhstani manufacturers of goods, as well as domestic suppliers of works and services;
5) mandatory two-stage tender with the conclusion of a contract for turnkey construction.
3. The subjects of procurement shall be the potential supplier, supplier, customer, administrator of the electronic platform, technical operator, national management holding created within the framework of measures to optimize the management system of development institutions, financial organizations and development of the national economy, authorized body, Kazakhstani manufacturers.
4. The procedure and criteria for selecting contractors, approving tender documentation for projects for the modernization and construction of energy and utilities infrastructure shall be determined by the rules for the procurement of works and services, selection of projects and suppliers, and conclusion of contracts within the framework of the implementation of the national project for the modernization of the energy and utilities sectors, developed and approved by the authorized body in agreement with the authorized body for the protection and development of competition.
5. The rules for the purchase of goods from Kazakhstani manufacturers and the conclusion of offtake contracts within the framework of the national project for the modernization of the energy and utilities sectors shall be developed and approved by the authorized body in the field of state stimulation of industry.
Footnote. Chapter 1-1 was supplemented with Article 10-12 in accordance with the Law of the Republic of Kazakhstan dated 17.07.2025 № 213-VIII (shall be enforced upon expiry of ten calendar days after its first official publication).Article 10-13. Unified state system of water supply and sanitation management
1. Legal entities engaged in activities related to the provision of water supply, as well as sanitation within centralized and local water supply and wastewater systems, shall provide information through the Unified State Water Supply and Wastewater Management System regarding the quality and volumes of water supply and sanitation, the condition of equipment, water supply and wastewater networks and other assets used in the course of such activities, measures for the modernization, repair, reconstruction, and replacement of such assets, as well as measures aimed at reducing water losses.
2. The equipping of water supply and sanitation facilities involved in the process of production, transmission and supply of water with metering devices, and ensuring their operation shall be carried out in accordance with the rules for the selection, installation and operation of water meters in water supply and sanitation systems.
3. The objectives of the unified state water supply and sanitation management system are:
1) collecting and processing information on the state and forecast of development of the water supply and (or) sanitation sector;
2) ensuring the formation of a forecast of development of the water supply and (or) sanitation sector;
3) ensuring the quality and availability of public services provided through the unified state water supply and sanitation management system.
4. The rules for the organization, formation and functioning of the unified state information system for water supply and sanitation management, developed and approved by the authorized body, determine, among other things:
1) the procedure for collecting, processing, monitoring and analyzing data;
2) requirements for information technology objects;
3) requirements for hardware and software complexes of automated water resource metering systems;
4) requirements for automated process control systems;
5) technical requirements for server equipment and operating system for the functioning of the automated accounting system;
6) requirements for the technology of information transmission in the information system for accounting of water resources;
7) requirements for measuring instruments, other equipment and intangible assets that carry out water accounting and provide the ability to connect metering devices.
5. Entities in the field of water supply and (or) sanitation shall be obliged to provide access and integrate their hardware and software complexes of the automated water metering system with the unified state water supply and sanitation management system.
Footnote. Chapter 1-1 was supplemented with Article 10-13 in accordance with the Law of the Republic of Kazakhstan dated 17.07.2025 № 213-VIII (shall be enforced upon expiry of ten calendar days after its first official publication). SECTION 2
Chapter 2. Acquisition of right of private ownership to dwelling place
Article 11. Right to acquire a dwelling place
1. A citizen or a legal entity may have a legally acquired dwelling place in private ownership, regardless of his/her location in Kazakh territory, unless Kazakh legislative acts provide otherwise.
2. The number and sizes of dwelling places, owned by one citizen or a legal entity shall not be restricted.
3. Relations, linked with the acquisition or exercise of the right of ownership to a dwelling place shall also be regulated by Kazakh civil legislation.
Footnote. Article 11 as amended by Laws of the Republic of Kazakhstan dated 08.06.2009 № 163-IV; and 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication).Article 12. Grounds for creation of right of ownership to dwelling place
Right of ownership to a dwelling place or part thereof shall be created by the following grounds:
1) building of house (part thereof);
2) conclusion of transactions for purchase and sale, gift, alienation under condition of permanent maintenance, and other civil transactions not inconsistent with Kazakh legislation;
3) receipt of a dwelling place by inheritance or universal legal succession;
4) acquisition of ownership of a dwelling place or living premise (flat) that occupied by a tenant from the state housing stock following its privatization (redemption or transfer without charge);
5) acceptance of an apartment under the transfer act in accordance with a contract for participation in a housing-construction cooperative in a multi-apartment residential building put into operation by a member of a housing-construction cooperative;
6) transfer of ownership of housing unit by virtue of contractual commitment, including the contracts for participation of a citizen by his/her funds or by labour in building a house;
7) transfer of ownership of a dwelling place by legal entities based on non-state ownership to an employee or other person, by selling or transfer without charge;
8) transfer of ownership of a dwelling place by the state or a legal entity, based on state ownership, to an employee or other person under conditions established by Kazakh legislation;
9) provision of a dwelling place as compensation for forfeit of a dwelling place in private ownership, due to demolition or requisition or when the dwelling place has become uninhabitable due to ecological disasters, from natural and man-made emergencies on the territory of the Republic of Kazakhstan;
10) on other grounds, not prohibited by Kazakh legislative acts.
Footnote. Article 12 as amended by Law of the Republic of Kazakhstan dated 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication); dated 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Article 13. Acquisition of right of ownership by a tenant to occupied dwelling place from the state housing stock by means of privatization
1. In cases provided by this Law, a tenant of a dwelling place from the state housing stock may privatize the dwelling place according to depreciated cost on conditions provided by this Law and as prescribed by the Government of the Republic of Kazakhstan, with the consent of adult family members and in recognition of adult persons’ rights.
The circle of a tenant’s family members shall be determined in accordance with Article 21 of this Law.
The circle of family members of an employee of a law enforcement agency, special state agency, civil defence agency (excluding cadets and/or students) and military personnel (with the exception of military personnel serving in the armed forces, military personnel serving in the reserves, cadets and military students, persons liable for military service who have been called up for military training), including those who have been dismissed from service, shall be determined as per Article 101-10 hereof.
2. A privatized dwelling place shall transfer to the joint ownership of the tenant and all family members permanently residing with him/her, including temporarily absent persons, unless otherwise provided by the agreement between them.
3. Alienation of a jointly owned dwelling place shall be allowed only with the consent of all owners. If transaction concerns the interests of minors who own the dwelling place, the approval of the trusteeship and guardianship authority shall be required.
4. Service housing from the state housing fund may be privatised on the grounds stated in paragraphs 2, 2-1 or 2-2 of Article 109 hereof.
5. Housing equivalent to service housing from the state housing fund may be privatised on the grounds envisaged in paragraphs 3, 4 or 4-1 of Article 101 hereof.
6. A dwelling place in which several tenants live may be privatized only with the agreement of all tenants and their adult family members. In this case, the dwelling place shall transfer to proportional ownership of all lodgers.
7. The following dwelling places may not be privatized:
1) dwelling places leased in accordance with particular contracts of employment by several tenants, when one of them refuses to purchase;
1-1) excluded by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication);2) temporary constructions;
3) those that do not meet established sanitary-epidemiological and technical requirements;
4) those subject to re-fitting as non-residential premises by virtue of their unsuitability for further accommodation;
5) located on the territory of closed and isolated military garrisons, border stations and other closed facilities;
5-1) located on the territory of state institutions under the jurisdiction of the competent authority in the field of civil protection;
6) those in specially protected natural areas;
7) those subject to demolition;
8) excluded by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication);8-1) those provided from departmental housing stock to the state servants appointed to the position in the order of rotation for the period of execution of their official duties;
9) Excluded by the Law of the Republic of Kazakhstan dated 15.04.2022 № 114-VII (shall be enforced ten calendar days after the date of its first official publication).Residential premises of the dormitory type, as well as room-type premises provided to persons working under an employment contract, students (cadets, trainees, postgraduates) and educatees for the period of their studies, shall also not be subject to privatisation.
8. The following persons shall have the right to obtain free dwelling places, owned by them from the state housing stock:
1) veterans of the Great Patriotic War. In the event of the death of the Great Patriotic War veteran who was provided with housing, his family members shall take over the right to receive it on gratuitous basis;
2) persons with disabilities of the first and second groups;
3) persons involved in liquidating the consequences of the Chernobyl Atomic Electric Power Station disaster, other radiation disasters and accidents occurring in civil or military purposes and in direct participation in nuclear tests and exercises;
4) Kazakh citizens harmed by nuclear tests at the Semipalatinsk nuclear test site;
5) military personnel recognized as persons with disabilities due to injury, concussion, mutilation sustained in the defense of the former Union of the 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, also during military service in Afghanistan or other states in which hostilities were waged;
6) Kazakh citizens harmed by the ecological catastrophe in the Sub-Aral area;
7) due to health reasons or staff reductions military personnel, upon reaching the maximum age for service, law enforcement officers, special state agencies, civil defence agencies, as well as persons dismissed from military service or service in law enforcement agencies, special state agencies, civil defence agencies:
whose service length is 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 death of a person dismissed from military service or from service in law enforcement, special state bodies, civil defence bodies, as specified in part one of this sub-paragraph, who was provided with housing, the right to its free privatisation shall pass to the family members of the deceased (died) one;
7-1) family members of military personnel, law enforcement officers, special state agency employees, civil defence agency employees who died while on duty, regardless of length of service, apart from those who died as a result of suicide (exccluding cases of suicide by instigation), committing a criminal offence, or non-medical use of substances causing a state of alcoholic, narcotic, psychotropic, or toxic intoxication (or their analogues);
8) astronaut candidates and astronauts. If an astronaut candidate or to whom a dwelling place was granted is killed (dies), the right to its gratuitous obtainment shall transfer to the heirs of the deceased person;
9) victims of political repression, as well as aggrieved persons of political repression, rehabilitated in accordance with the Law of the Republic of Kazakhstan "On the rehabilitation of victims of mass political repression", that having a disability or retired;
10) Excluded by Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall go into effect since 01.07.2025).9. Citizens of the Republic of Kazakhstan shall privatize only one dwelling place from the state housing stock in the territory of the Republic of Kazakhstan, except for privatization of dwelling place through a coupon mechanism, which shall not be the ground for a refusal in the implementation by a citizen of the right to privatization of dwelling place.
The presence of fifty or less than fifty percent of the share of a family member of the main tenant in previously privatized housing does not prevent the subsequent exercise of his right to privatize housing from the state housing stock.
10. Citizens of the Republic of Kazakhstan cannot privatize a dwelling place from the state housing stock if they:
1) have another dwelling place on the right of ownership in the territory of the Republic of Kazakhstan, while the share of less than fifty percent of the dwelling place shall not be count;
2) have an obligation under a mortgage loan agreement in the territory of the Republic of Kazakhstan;
3) carried out the alienation of dwelling place, which belong to them on the basis of the right of ownership, during the last five years before the date of appeal;
4) received one-off housing payments, monetary compensation or fulfilled their obligations to purchase housing by using housing payments.
Footnote. Article 13 in the wording of Law of the Republic of Kazakhstan dated 27.06.2011 № 444-IV (enforced upon expiry of ten calendar days after first official publication); as amended by Law of the Republic of Kazakhstan dated 06.01.2012 № 529-IV (enforced upon expiry of ten calendar days after first official publication); and 13.02.2012 № 553-IV (enforced from 01.01.2013); dated 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 23.11.2015 № 417-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2017 № 69-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 06.05.2019 № 251-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 06.05.2020 № 323-VI (effective ten calendar days after the date of its first official publication); dated 16.11.2020 № 375-VI (effective ten calendar days after the date of its first official publication); dated 15.04.2022 № 114-VII (shall be enforced ten calendar days after the date of its first official publication); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication); dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication); № 196-VIII of 24.06.2025 (shall enter into force on 30.06.2025); № 203-VIII of 30.06.2025 (shall be enacted on 01.07.2025).Article 14. Introduction of total unit contribution by member of housing (housing and construction) cooperative
Footnote. Article 14 is excluded by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 14-1. Exercise of the right to obtain housing certificates
1. To exercise the right of citizens of the Republic of Kazakhstan to acquire ownership of housing using a housing mortgage loan under the mortgage program approved by the National Bank of the Republic of Kazakhstan, or to receive state support measures aimed to improve housing conditions in accordance with this Law, local executive bodies shall provide housing certificates.
2. The size and the list of categories of recipients of housing certificates are determined by local representative bodies (maslikhats).
Footnote. Section 2 was supplemented by article 14-1 in accordance with the Law of the Republic of Kazakhstan dated 03.04.2019 № 243-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication).Article 15. Transfer of ownership of dwelling following demolition of house due to compulsory alienation of land plots for state requirements
Footnote. Title as amended by Law of the Republic of Kazakhstan dated 01.03.2011 № 414-IV (enforced from date of first official publication).
1. When a residential house is demolished due to compulsory alienation of land plots for state requirements, the owner shall be provided with a suitable dwelling place owned by him/her or the total market value of a dwelling place of his/her choice before demolition of his/her dwelling place.
2. If the cost of the dwelling place provided exceeds that of the demolished dwelling place, the difference in cost shall not be charged to the owner.
3. If the cost of the demolished dwelling place exceeds that of the dwelling place provided, the difference in their cost shall be compensated to the owner.
Footnote. Article 15 as amended by Law of the Republic of Kazakhstan dated 01.03.2011 № 414-IV (enforced from date of first official publication).Article 16. Right of common ownership of dwelling place
1. Two or more citizens may accrue the right of joint shared ownership in cases of joint construction, acquisition of residential house through civil transactions or inheritance, and in other cases not inconsistent with Kazakh legislation.
2. A dwelling place owned by several persons shall belong to them on the basis of common joint ownership in the form of:
1) common property of spouses;
2) common ownership of privatized dwelling place.
3. A jointly owned dwelling place may be divided between owners as established by the Kazakhstan Civil Code.
4. The particular features of spouses’ right of common joint property shall be determined by legislation concerning marriage and family.
5. The particular features of right of common joint property to privatized dwelling places shall be determined by this Law.
Footnote. Article 16 as amended by Law of the Republic of Kazakhstan dated 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication).Article 17. Registration right of ownership of dwelling place
Right of ownership of dwelling place shall be created from the date of its registration with a registering authority.
Registration shall be pronounced upon presentation of duly executed documents confirming the acquisition of a dwelling place on grounds provided by Article 12 of this Law.
Chapter 3. Content of the right of private ownership of dwelling place and conditions of its exercise
Article 18. Basic rights and obligations of owner of a dwelling place
1. Owners of dwelling places and of unfinished residential houses shall have the right to sell them, specifying the conditions of selling, grant, exchange, gifting to other persons or pledge, or dispose of them in other ways not inconsistent with Kazakh legislative acts, at his/her own free choice, in recognition of the special aspects of this Article.
1-1. From the date of state registration of the purchase and sale agreement for a dwelling place, acquired fully or partially through residential mortgage funds, the owner of a dwelling place may dispose of this dwelling place before full payment of the residential mortgage loan.
2. Is excluded by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).3. Excluded by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).
Footnote. Article 18 as amended by Laws of the Republic of Kazakhstan dated 03.06.2003 № 427; 06.07.2007 № 276; and 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).
Article 19. Right of owner of dwelling place to land plot
1. The sale, grant, transfer or pledge realisation of a residential house or unfinished residential house shall involve transfer of right of ownership (land use) of the land plot to the new owner of the residential house with the same scope of powers held by the previous owner of a residential house.
2. The rights of dwelling place owners to land plots allotted to residential houses (residential buildings) shall be determined by Kazakh land legislation.
Article 20. (Excluded by Law of the Republic of Kazakhstan dated 06.07.2007 № 278)
Article 21. Family members of dwelling place owner
1. Permanent jointly residing spouse, joint or one of the spouses' children (including adopted children, dependent children or children under guardianship or custody) shall be recognized as family members of the dwelling owner.
The parents of the spouse, as well as the families of the children specified in part one of this paragraph, living together with the owner of the dwelling, may be recognized as members of the dwelling owner’s family only by mutual consent.
2. In exceptional cases, only by mutual consent, other persons may be recognized as members of the owner's family if they permanently reside with the owner and run a common household with him/her for at least five years. Disabled dependents are members of the owner's family if they permanently reside with the owner.
3. The provisions of this Article shall apply to the family members of the tenant (subtenant).
Footnote. Article 21 as amended by Law of the Republic of Kazakhstan dated 10.07.2001 № 227; dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication); dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 22. Basic rights and obligations of family members of dwelling place owners
1. Family members of owners settled in dwelling places belonging to that owner shall have the equal right to use a dwelling place, unless otherwise stipulated during their settlement. They may settle their minors in a dwelling place provided to them by the owner. Settlement of other family members shall be allowed only with the consent of the owner.
In case of termination of family relations with the owner, the former family members may use a dwelling place with tenants’ rights without specification of term of lease, unless otherwise provided by written agreement with the dwelling place owner. By this, the former family members shall be obliged to share in dwelling place maintenance costs and payments for utility services.
2. Family members of a dwelling place owner may demand the elimination of violations of their rights by any person committing the violation, including the owner.
3. Adult family members (former family members) of the owner shall bear joint financial responsibility for obligations, arising from their use of a housing unit.
CHAPTER 4. Leasing of dwelling places in private housing stock
Article 23. Lease of dwelling place by owner to other persons
1. The owner may lease a dwelling place, in which he/she lives, or a dwelling place the primary purpose of which shall be provided to tenants for permanent or temporary residence.
2. Living conditions (term, amount of lease payment, distribution of repair obligations, grounds for eviction of tenants etc.) shall be determined by this Law and by the agreement between a lender and tenant.
3. The persons to whom a dwelling place is leased shall be chosen by the owner.
3-1. Owner or person authorized by owner for lease a dwelling place shall obliged to register the persons living in the leased dwelling place, in the manner prescribed by the legislation of the Republic of Kazakhstan.
4. The local executive body shall have the right, in accordance with the legislation of the Republic of Kazakhstan, to hire a dwelling in the private housing stock with its subsequent provision to the citizens of the Republic of Kazakhstan, kandas, who are on the register of needing housing in the unified republican electronic base, electronic base “Center for housing provision”, for rent in the manner determined by the authorized body.
Footnote. Article as amended by Law of the Republic of Kazakhstan dated 7 July 2006 № 182 (for methods of enforcement see Article 2); dated 22.12.2016 № 28-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication).Article 24. Terms of lease of dwelling place in which owner does not reside
1. A private housing stock dwelling place in which the owner resides may be provided to another person for lease under a written agreement.
2. A dwelling or a separate room (rooms) suitable for living, meeting construction, sanitary and epidemiological, fire-prevention and other mandatory requirements can be provided for rent.
3. The tenant shall have the right to move his family members, sub-tenants and temporary residents into the rented dwelling, unless otherwise provided by the lease contract.
A person, for whom the dwelling is rented by the local executive body shall not have the right to move sub-tenants and temporary residents into it.
4. The tenant shall have the right to leave the rented dwelling place for up to six months, unless otherwise provided by the contract.
In case of a longer absence, the contract remains valid only with the consent of the lender.
5. The lease contract is terminated upon the expiration of the period, established by the parties or occurrence of the circumstance, specified in the contract. Early termination of the contract at the request of the lender shall be allowed if the tenant does not comply with the terms of the lease contract, as well as on the grounds and conditions, provided for in paragraphs 2 and 3 of Article 91, paragraph 7 of Article 101, subparagraphs 1), 2), 3) of paragraph 1 of Article 105, paragraph 5 of Article 106, subparagraphs 1), 2), 3), 4) and 11) of Article 107 of this Law.
A contract, that does not provide for a period of validity and other grounds for termination may be terminated by the lender at any time with warning of a tenant at least three months in advance. Upon termination or dissolution of the contract, the tenant, together with all persons living with him/her, shall be subject to dispossession without providing another dwelling.
6. If the tenant cancels the agreement early, he/she must notify the lender accordingly no less than one month before or pay the charge specified by the agreement for that month.
The specified term shall be respectively reduced if less than one month elapses before ensuing of the term provided by the agreement or if other circumstances that terminate the validity of the agreement occurs.
7. A family member of the tenant, living with him/her, in accordance with the terms of the lease contract, shall acquire the same right to use the dwelling as the tenant himself/herself, unless otherwise agreed between him/her and the tenant when the family member moved in.
The circle of family members shall be determined in accordance with Article 21 of this Law.
8. When the right of ownership of a dwelling is transferred to another person, the lease contract shall remain in force for a new owner, unless otherwise provided by the contract between the tenant and the owner, who rented the dwelling.
Footnote. Article 24 as amended by the Laws of the Republic of Kazakhstan dated 07.07.2006 № 182 (for method of enforcement see Article 2); and 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication); dated 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 22.12.2016 № 28-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication).Article 25. Conditions of lease of dwelling place, in which the owner permanently resides
1. In a dwelling in which the owner permanently resides, a tenant may be provided with a dwelling or part of it, including an adjoining room or part of a room for rent. If several owners live in a dwelling, the consent of all owners shall be required to rent out the dwelling.
2. Tenants shall not have the right to settle other persons, including their family members, without the owners’ agreement.
3. Upon the tenancy period expiry, the tenant does not acquire the right to renew the contract and, on the landlord’s demand, shall move out without provision of another dwelling. The lease agreement may be terminated on the landlord’s demand ahead of schedule if the tenant fails to comply with the lease agreement terms, also in the presence of justifiable unforeseen circumstances or on the grounds referred to in subparagraphs 1), 2), 3), 4) and 11) of Article 107 of this Law.
4. Lease agreements concluded without specification of term, may be terminated by a lender at any time without explanation of reasons. The lender must notify the tenant of termination of the lease agreement not less than one month before.
5. Tenants shall have the right to cancel the lease agreement in advance and without notification, unless the agreement provides otherwise.
Footnote. Article 25 as amended by the Law of the Republic of Kazakhstan dated December 26, 2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication).Article 26. Legal status of sub-tenants and temporary residents
1. The subtenants’ accommodation conditions, specifically duration of residence, the amount and order of payment, shall be determined by the agreement between the tenant of the dwelling and the subtenant.
2. The sublease agreement shall be terminated upon expiry of the term established by the parties, or in circumstances mentioned in the agreement.
Early termination of the agreement at the tenant’s request is possible if the sub-tenant violates the agreement, and if the agreement does not establish the term or other grounds of termination, at any time provided the sub-tenant is given not less than one month’s notice. The sublease agreement shall be also terminated in cases of compulsory termination of right of ownership to a dwelling place provided by Article 29 of this Law.
3. A sub-tenant shall have the right to cancel the agreement at any time, unless otherwise provided by the sublease agreement.
4. Upon termination of the sublease agreement or its dissolution by the tenant, the subtenant shall move out without provision of another dwelling.
5. The tenant has the right to move temporary residents into the dwelling without concluding a sublease agreement with them. The living conditions of temporary residents are determined by the tenant. Temporary tenants shall move out without provision of another dwelling at the request of the tenant at any time with at least seven working days’ notice.
Footnote. Article 26 with the change introduced by the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 26.12.2019 № 284-VI (effective ten calendar days after the date of its first official publication).Article 27. Eviction of sub-tenants and temporary residents in case of termination of lease agreement
Upon termination of the lease contract, the sublease contract terminates at the same time. Subtenants and temporary residents, upon termination of the lease contract shall be subject to dispossession without providing another dwelling.
Footnote. Article 27 as amended by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Chapter 5. Termination of right of private ownership of dwelling place
Article 28. Termination of right of ownership of dwelling place
1. Right of ownership of dwelling place shall be terminated upon alienation of a dwelling place by an owner to other person, death of the owner, or demolition (destruction) of a dwelling place, and in other cases, provided for by Kazakhstan Civil Code.
2. Upon sale of a share by one participants in j shared ownership of a dwelling place, the other participants shall have the priority right to purchase.
If several joint shared ownership participants claim a sold share, the right of choice of buyer shall belong to the seller. The procedure for exercising the right of prior purchase of share in common ownership of dwelling place shall be determined by the Kazakhstan Civil Code.
Article 29. Compulsory termination of right of ownership of dwelling place
1. Compulsory ( outside will of owner) termination of right of ownership to a dwelling place shall be allowed in these cases:
1) application for recovery upon a dwelling place and land plot to meet owner’s debts;
2) requisition;
3) confiscation;
4) compulsory alienation of a land plot where a house is located, for state requirements;
5) demolition of an emergency multi-apartment residential building.
2. Upon compulsory termination of right of ownership to a dwelling place, on the grounds provided by subparagraphs 2) and 4) of paragraph 1 of this Article, the owner shall be provided with the following, according to choice:
1) financial compensation, paid to owner before termination of right of ownership, including market price of dwelling place and land plot, as well as reimbursement of losses, incurred by the owner in full measure;
2) suitable dwelling (flat or residential house), owned as provided for by Article 15 of this Law;
3) return of seized dwelling place to owner after termination of emergencies, entailing requisition with full compensation of losses, incurred by requisition.
3. Upon termination of right of ownership to a dwelling place on the grounds provided by subparagraphs 1)and 3) of paragraph 1 of this Article, the owner and all persons residing in the confiscated dwelling place shall be subject to eviction without provision of other housing unit.
3-1. In case of forced termination of the right of ownership of the only dwelling in the territory of the Republic of Kazakhstan of citizens belonging to socially vulnerable strata of the population, as well as families having and bringing up minor children, and (or) in which individuals with disability of the first or second group with permanent or temporary registration at the place of residence reside, on the grounds provided for by subparagraph 1) of paragraph 1 of this Article, eviction during the heating season shall be prohibited.
4. Upon compulsory termination of right of ownership to a dwelling place on the grounds provided by subparagraph 5) of paragraph 1 of this Article, the owner shall be provided with a dwelling place in accordance with Article 69 of this Law.
Footnote. Article 29 as amended by Laws of the Republic of Kazakhstan dated 10.07.2001 № 227; 01.03.2011 № 414-IV (enforced from date of first official publication); and 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication); dated 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.06.2024 № 97-VIII (shall enter into force upon expiry of ten calendar days after the date of its first official publication); dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication).Article 30. Eviction of owner’s family members and other residents from dwelling place
1. Upon termination of right of ownership to a dwelling place on the grounds provided by subparagraphs 2), 4) and 5) of paragraph 1 of Article 29 of this Law, the owner’s (former) family members shall be removed from the dwelling place and shall accrue the right of residence in a dwelling place obtained as compensation for the former dwelling place.
Other persons residing in a former dwelling place shall be evicted without provision of other housing unit.
2. Upon termination of the right of ownership to a dwelling place (housing unit) at the choice of the owner (sale, transfer), the owner’s family members and former family members, and temporary inhabitants, shall be settled without provision of other housing unit, unless otherwise provided by agreement with the purchaser of a dwelling house.
Termination of the right of ownership affecting the interests of minors who own a dwelling place, shall be governed by regulations, provided by paragraph 3 of Article 13 of this Law.
Footnote. Article 30 as amended by Laws of the Republic of Kazakhstan dated 03.06.2003 № 427; 01.03.2011 № 414-IV (enforced from date of first official publication); and 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication). SECTION 3
Chapter 6. Condominium of an apartment building
Footnote. The title of chapter 6 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 31. Formation, state registration and termination of a condominium
1. In a multi-apartment residential building with two or more owners of apartments, non-residential premises, parking spaces, or storerooms, ownership rights to real estate shall arise in the form of a condominium.
The condominium property shall be subject to state registration in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Within a condominium property, apartments, non-residential premises, parking spaces, and storerooms shall be held in individual (separate) ownership, while those parts not held in individual (separate) ownership shall belong to the owners of apartments, non-residential premises, parking spaces, and storerooms, including the unified indivisible land plot, under the right of common shared ownership.
2. In the design and estimate documentation for an apartment building, the area of non-residential premises transferred to the common property of the condominium object is indicated.
The customer (developer) of an apartment building is obliged to ensure state registration of an apartment building in accordance with the Law of the Republic of Kazakhstan "On state registration of rights to immovable property" before the start of sales of apartments, non-residential premises, parking spaces, storerooms in individual (separate) ownership.
The sale of unregistered apartments, non-residential premises, parking spaces, storerooms to individual (separate) ownership is not allowed.
The customer (developer) of an apartment building is obliged, within six months from the date of registration of an apartment building, to ensure the gratuitous transfer of external engineering networks and structures of an apartment building to communal ownership in accordance with the design and estimate documentation.
The inclusion of a land plot in the common property of a condominium object is carried out at the expense of the customer (developer) of an apartment building in accordance with the land legislation of the Republic of Kazakhstan. At the same time, the right of land use for the land plot provided to the customer (developer) for the construction of this multi-apartment residential building or privately owned by the customer (developer) is subject to termination due to the inclusion of the land plot in the common property of the condominium object.
According to the design and estimate documentation, a parking facility shall be located in a specially designated part of the multi-apartment residential building or may be annexed to the multi-apartment residential building.
The parking facility may form part of the common property of the condominium or be held in individual (separate) ownership.
The customer (developer) carrying out the construction or reconstruction of a multi-apartment residential building shall be obliged, within thirty calendar days after the owners of apartments and non-residential premises have chosen the form of management of the condominium object or the managing entity of the condominium object, if the owners of apartments and non-residential premises have chosen the form of management of the condominium object in the form of direct joint management, to transfer on paper and (or) electronic media under the acceptance certificate:
copies of the design and estimate documentation of an apartment building certified by the design organization, which has received a positive conclusion of a comprehensive non-departmental examination;
copies of the positive conclusion of the comprehensive non-departmental examination of the design and estimate documentation and all its adjustments;
copies of executive technical documentation;
a copy of the certificate of acceptance of the facility into operation with mandatory appendices;
a copy of the title document for the land plot;
passports of technological equipment (operating instructions) of an apartment building.
The acceptance certificate from the customer (developer) carrying out the construction or reconstruction of a multi-apartment residential building to the association of property owners or to the condominium management entity, where the owners of apartments and non-residential premises have chosen the form of condominium management in the form of direct joint management, shall be accompanied by an inventory list of the common property of the condominium.
In the event that there is no form of management of the condominium object or a managing entity of the condominium object in a multi-apartment residential building, when the owners of apartments and non-residential premises choose the form of management of the condominium object in the form of direct joint management, within six months from the date of registration of the condominium object, the customer (developer) who carried out the construction or reconstruction of the multi-apartment residential building, shall transfer the documents specified in part eight of this paragraph on paper and (or) electronic media under the acceptance certificate to the housing inspectorate.
3. State registration of a condominium object accepted into operation by a multi-apartment residential building is carried out by the customer (developer) carrying out construction or reconstruction of a multi-apartment residential building, in accordance with paragraph 2 of this article, no later than thirty calendar days from the date of state registration of the right of ownership by the first owner of an apartment, non-residential premises, parking space, storerooms by submitting an application to the registration authority in accordance with the requirements of the Law of the Republic of Kazakhstan "On state registration of rights to real estate".
During state registration of a condominium object, the customer (developer) carrying out construction or reconstruction of a multi-apartment residential building shall be obliged to include in the common property of the condominium object all property (including parking, if any), provided for in the design and estimate documentation of the multi-apartment residential building.
4. Local executive bodies of cities of republican significance, the capital, districts, cities of regional significance, at the expense of the local budget, shall ensure the state technical inspection of functioning multi-apartment residential buildings with the preparation of an inventory list of common property of the condominium object, as well as the formation and submission of documents for state registration of the condominium object in accordance with the Law of the Republic of Kazakhstan "On state registration of rights to real estate".
5. State registration of a condominium object in functioning multi-apartment residential buildings shall be carried out upon the application of an initiative group consisting of at least two owners of apartments, parking spaces, storerooms, the chairperson of the association of property owners or upon the application of the local executive body.
6. Upon state registration of the condominium object the following shall be indicated:
total area of a multi-apartment residential building, including the land plot under the multi-apartment residential building;
the composition of the common property of the condominium object and the size of the share in the common property of the condominium object of each apartment, non-residential premises, parking space, storage room, which are in individual (separate) ownership;
the total area of apartments and the area of non-residential premises, parking spaces, storerooms that are individually (separately) owned.
6-1. Registration of a land plot adjacent to a building shall be carried out by decision of the local executive body of the capital, a city of republican, regional significance and a district upon submission of an application by:
an initiative group consisting of at least two owners of apartments, non-residential premises, parking spaces, storerooms, based on the decision of the meeting;
chairperson of the association of the property owners;
managing entity of the condominium object.
7. Changes in the composition of the common property of the condominium object and (or) the size of the shares of the owners of apartments, non-residential premises, parking spaces, storerooms in the common property of the condominium object as a result of changes in the total area of apartments and areas of non-residential premises, parking spaces, storerooms on the grounds provided for by the legislation of the Republic of Kazakhstan are subject to state registration.
When the identification characteristics of the condominium object are changed, changes to the title and identification documents shall be made at the expense of the person, who initiated the change.
8. Prior to state registration of the condominium object, transactions with the common property of the condominium object do not acquire legal force, except for the cases when a transaction with a share in the common property shall be considered completed when carrying out a transaction with the property in individual (separate) ownership.
Alienation of common property of a condominium object in accordance with the stipulated design and estimate documentation for a multi-apartment residential building into individual (separate) ownership shall not be permitted.
Sale into individual (separate) ownership of apartments, non-residential premises, parking spaces, storerooms that shall not be reflected in the act of acceptance of the object into operation and the design and estimate documentation of a multi-apartment residential building, as well as those not registered in the condominium object is not permitted (with the exception of the sale of the first apartment, non-residential premises, parking space, storerooms).
If the specified requirements are not met, the concluded transaction shall be considered null and void.
9. The ownership right in the form of a condominium shall be terminated in the following cases:
transfer of ownership rights to all apartments, non-residential premises, parking spaces, storerooms in aggregate to one owner;
forced alienation of a land plot under a multi-apartment residential building for state needs;
damage (destruction) of a multi-apartment residential building and its recognition as an emergency one.
Footnote. Article 31 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 32. Maintenance of the common property of the condominium object
Footnote. Article 32 excluded by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).
Article 33. The share of the owner of an apartment, non-residential premises, parking space, storerooms in the common property of a condominium object
Footnote. The heading of Article 33 as amended by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).
1. The share in the common property of the condominium object belonging to the owner is inseparable from the ownership right to the apartment, non-residential premises, parking space, storage room belonging to him and is assigned to the apartment, non-residential premises, parking space, storage room.
The size of the share is determined by the ratio of the usable area of an apartment or the area of non-residential premises, parking space, storage room, which are individually (separately) owned, to the sum of the usable areas of all apartments and the areas of all non-residential premises, parking spaces, storage rooms located in this condominium object. Such a share cannot be allocated in kind.
2. In case, that a non-residential building is attached to a multi-apartment residential building or size of the total area of apartments, area of non-residential premises, that are in individual (separate) ownership is changed, the sizes of shares in the common property of the condominium object shall be recalculated. Such changes shall be subject to state registration.
3. The transfer of the ownership right to an apartment, non-residential premises, parking space, storage room entails the transfer to the owner of the corresponding share in the common property of the condominium object, as well as the rights and obligations for the maintenance of this share.
Footnote. Article 33 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its the first official publication); dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 34. Rights and obligations of owners of apartments, non-residential premises, parking spaces, storerooms
Footnote. The title of Article 34 as amended by the Law of the Republic of Kazakhstan dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication).
1. All owners of apartments, non-residential premises, parking spaces, storerooms are participants of the condominium.
Each owner of an apartment, non-residential premises, parking space, storage room has the right, at his discretion, to own, use and dispose his property belonging to him on the basis of the right of individual (separate) ownership.
The common property of the condominium object, including the land plot necessary for its placement, operation and maintenance, belongs to the owners of apartments, non-residential premises, parking spaces, storerooms on the basis of the right of common shared ownership and is inseparable from the rights to an apartment, non-residential premises, parking space, storage room, which are in individual (separate) ownership.
2. Owners of apartments, non-residential premises, parking spaces, storerooms shall be obliged to manage the condominium object by participating in the meeting, choosing the form and managing entity of the condominium object.
3. The owner of an apartment, non-residential premises, parking space, storerooms shall bear the burden of maintaining the apartment, non-residential premises, parking space, storerooms belonging to him, as well as the common property of the condominium object.
4. The customer (developer) of a multi-apartment residential building, who is the owner of apartments, non-residential premises, parking spaces, storerooms that are not part of the common property of the condominium object, after registration of the act of acceptance of the object into operation, shall be obliged to pay current, accumulative, target contributions and current contributions for the maintenance of parking spaces, storerooms, penalties for their late payment in the manner determined by this Law..
4-1. Excluded by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).5. Owners of non-residential premises shall be obliged to pay current contributions established by the meeting in an amount not exceeding the amount of current contributions established for apartment owners by more than twice.
6. The owner of an apartment, non-residential premises, parking space, storerooms shall be obliged to notify the chairperson of the association of the property owners or the managing entity of the condominium object about the transfer of the apartment, non-residential premises, parking space, storerooms belonging to him/her for property lease (rent) with the provision of information about the tenant (lessee).
The owner of an apartment, non-residential premises, parking space, or storeroom, in addition to the obligations established by the laws of the Republic of Kazakhstan, shall bear other duties and responsibilities, including:
compliance with noise regulations, including the prohibition on carrying out, within the apartment, non-residential premises, or outside thereof, works accompanied by noise not related to urgent necessity, which hinder the normal rest and peace of citizens during specified hours;
consumption of tobacco products, including heated tobacco products, hookah tobacco, hookah mixtures, and tobacco heating systems, only in specially designated areas;
compliance with construction, sanitary, environmental, fire safety, and other mandatory standards and regulations established by the legislation of the Republic of Kazakhstan.
7. Excluded by the Law of the Republic of Kazakhstan dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication).8. Owners of apartments, non-residential premises shall be obliged to independently conclude contracts for the provision of communal services in apartments, non-residential premises with organizations providing communal services.
9. Residence of the owner of the apartment at a different address, as well as the transfer of the apartment, non-residential premises, parking space, storerooms for property lease (rent) shall not limit the rights of the owner of the apartment, non-residential premises, parking space, storerooms and shall not release him/her from the obligations determined by the laws of the Republic of Kazakhstan, the charter of the association of property owners, the decision of the meeting and the house council.
10. Each owner of an apartment, non-residential premises, parking space, storerooms, paying current, accumulative, target contributions and current contributions for the maintenance of parking spaces, storerooms, shall have the right to receive information on the status of current and savings accounts.
11. Owners of apartments, non-residential premises, parking spaces, storerooms shall have the right to use parts of the common property of a condominium object for limited use, assigned to them under the conditions established by the property lease (rent) agreement on the transfer of property for limited use.
In this case, the rent shall be credited to the current account of the association of property owners or to the account of the entity managing the condominium property when the owners of apartments and non-residential premises choose the form of management of the condominium property in the form of direct joint management opened for this condominium objec.
Footnote. Article 34 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 34-1. Contributions of owners of apartments, non-residential premises, parking spaces, storerooms for the management of the condominium object
1. Owners of apartments and non-residential premises shall be obliged to pay current, cumulative, and target contributions.
Owners of parking spaces and storerooms shall be obliged to pay current contributions for the maintenance of parking spaces and storerooms, as well as cumulative and target contributions.
2. The amount of current contributions shall not be lower than the minimum contribution amount for the management of a condominium property, approved by the local representative bodies of cities of republican significance, the capital, districts, and cities of regional significance.
The minimum amount of current contributions shall be calculated based on the methodology for determining the minimum contribution amount for the management of a condominium property, expressed in terms of the monthly calculation index established for the relevant financial year by the law on the republican budget.
The amount of current contributions shall be set in proportion to the useful area of the apartment, the area of the non-residential premises.
The amount of current contributions for the maintenance of parking spaces, storerooms shall be determined in accordance with the method for calculating the minimum amount of contributions for the management of the condominium object.
Current contributions of apartment owners, non-residential premises shall be spent on current repairs, fire safety, payment for communal services of the common property of the condominium object.
3. Cumulative contribution shall include mandatory monthly contributions by owners of apartments, non-residential premises, parking spaces, storerooms to accumulate money for major repairs of the common property of the condominium object in the amount of at least 0.005 times the monthly calculation indicator established for the relevant financial year by the law on the republican budget, calculated per square meter of usable area of the apartment, area of non-residential premises, parking spaces, storerooms.
Money for major repairs of common property of a condominium object may be requested only for the purpose of major repairs of common property of a condominium object and may not be the subject of a pledge for the obligations of owners of apartments, non-residential premises, parking spaces, storerooms. The expenditure of money accumulated in a savings account is carried out only by decision of the meeting.
4. The decision on the collection of target contributions, their amount, terms and other conditions shall be made at the meeting.
Target contributions shall be credited to the current account of the association of property owners or the managing entity of the condominium object when the owners of apartments, non-residential premises choose the form of the management of the condominium object in the form of direct joint management.
5. Additional expenses not related to the costs of the management of the condominium object cannot be imposed on the owners of apartments, non-residential premises, parking spaces, storerooms without a decision of the meeting.
6. The chairperson of the association of property owners or the managing entity of the condominium object shall be obliged to make payments for communal services consumed for the maintenance of the common property of the condominium object from the current account.
Payment shall be made to organizations providing communal services, energy supply and water supply on the basis of concluded contracts, according to metering devices installed at the boundary of operational responsibility, and according to tariffs approved in the established manner.
In the absence of boundaries of balance sheet ownership of networks, the boundaries shall be established in accordance with the standard rules for the provision of communal services.
7. Owners of non-residential premises shall be obliged to reimburse, in addition to the expenses established by the annual budget for the management of the condominium object, the expenses for the use of the common property of the condominium object related to their production, trade and other activities.
The same procedure shall apply to the payments of owners of apartments, non-residential premises, parking spaces, storerooms related to the individual use of the common property of limited use or land plot provided to them by the association of property owners or the managing entity of the condominium object.
Expenses related to the use of common property of a condominium object for personal purposes must be compensated by the owner of the apartment, non-residential premises, parking space, storerooms, as well as a third party who has the right to limited use of this property.
8. Payment by owners of apartments, non-residential premises, parking spaces, storerooms of current, cumulative contributions and current contributions for the maintenance of a parking space, a storeroom shall be made up to and including the twenty-fifth day of the month following the reporting month.
9. In case of late payment by owners of apartments, non-residential premises of current and cumulative contributions, late payment by owners of parking spaces, storerooms of current contributions for the maintenance of a parking space, a storeroom, as well as target contributions, starting from the next day specified in paragraph 8 of this article, penalties shall be charged in accordance with the legislation of the Republic of Kazakhstan.
The limitation period shall not apply to the requirement to repay the debt on payments provided for in part one of this paragraph.
10. In the event of non-payment by the owner of an apartment, non-residential premises, parking space, or storeroom of contributions specified in subparagraphs 7), 8), 9), 10), and 11) of paragraph 5 of Article 42 of this Law, the chairperson of the association of property owners or the condominium management entity shall have the right to apply to a notary or to the court for the recovery of the debt after two months from the established payment due date.
Footnote. Chapter 6 was supplemented with Article 34-1 in accordance with the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 34-2. Specific provisions regarding the financing of major repairs of the common property of a condominium object
1. In order to accumulate money for major repairs of the common property of a condominium object, the chairperson of the association of the property owners or the managing entity of the condominium object shall open a savings account in one of the second-tier banks within fifteen calendar days.
2. Participation in the accumulation of money for major repairs of the common property of a condominium object shall be a right for second-tier banks. In the event of their participation in the accumulation of money for major repairs of the common property of a condominium object, second-tier banks must comply with the requirements of the laws of the Republic of Kazakhstan.
3. When a multi-apartment residential building is included in the list of multi-apartment residential buildings requiring major repairs of the common property of a condominium object at the expense of budgetary funds, the housing inspectorate shall hold a tender to determine a design organization and prepare design and estimate documentation for major repairs of the common property of a condominium object at the expense of local budget funds.
4. The contractor for major repairs of the common property of a condominium object shall be selected by the house council or the managing entity of the condominium object , if this right is delegated to them by the meeting.
5. Local executive bodies, if funds from the local budget are available, shall have the right to carry out major repairs of the common property of a condominium object , for which there is design and estimate documentation, if the housing inspectorate includes a multi-apartment residential building in the list of multi-apartment residential buildings requiring major repairs, subject to the condition that the funds are repaid by the owners of apartments, non-residential premises, parking spaces, storerooms.
Actual costs for major repairs of the common property of a condominium object shall be reimbursed by all owners of apartments, non-residential premises, parking spaces, storerooms in proportion to the useful area of the apartment, non-residential premises, parking space, storerooms, which are in individual (separate) ownership.
6. In the event of the organization and financing of the replacement (repair) of the elevator of one of the entrances of the multi-apartment residential building at the expense of budgetary funds with the condition of ensuring the return of funds by the owners of apartments, non-residential premises of this entrance of the multi-apartment residential building, they can make a decision to replace (repair) the elevator in this entrance of the multi-apartment residential building if there is consent of more than two-thirds of the total number of owners of apartments, non-residential premises of this entrance of the multi-apartment residential building with the execution of the corresponding minutes of the meeting.
In the case provided for in the first part of this paragraph, payment for the costs of replacing (repairing) the elevator shall be carried out by the owners of apartments, non-residential premises of this entrance of the multi-apartment residential building.
Footnote. Chapter 6 was supplemented with Article 34-2 in accordance with the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 35. Obligations on premises (apartments) owners
Footnote. Article 35 is excluded by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 36. Obligations of the tenant (subtenant) of an apartment, a lessee of non-residential premises, a parking space, a storeroom
1. The tenant (subtenant) of an apartment, a lessee of non-residential premises, a parking space, a storeroom shall have the right to permanently or temporarily own or use an apartment, non-residential premises, a parking space, a storeroom (or part thereof) only on the basis of a lease (sublease), rental agreement.
The tenant (subtenant) of an apartment from a private housing stock, a lessee of non-residential premises, a parking space, a storeroom shall not have the right to vote at a meeting and cannot otherwise participate in the management of the condominium object.
In the lease (sublease) agreement for housing provided from the state housing stock, the lessor shall have the right to provide for the possibility of the tenant (subtenant) participating in the management of the condominium object and the right to vote.
2. The tenant (subtenant) of an apartment, the lessee of non-residential premises, parking space, storerooms, in addition to the obligations established by the laws of the Republic of Kazakhstan, shall bear other obligations, including:
compliance with noise regulations, including the prohibition on carrying out, within the apartment or outside thereof, works accompanied by noise not related to urgent necessity, which hinder the normal rest and peace of citizens during specified hours;
consumption of tobacco products, including heated tobacco products, hookah tobacco, hookah mixtures, and tobacco heating systems, only in specially designated areas;
compliance with construction, sanitary, environmental, fire safety, and other mandatory standards and regulations established by the legislation of the Republic of Kazakhstan.
Footnote. Article 36 in the wording of the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 37. Special aspects of rights and obligations of owners of non-residential premises
Footnote. Article 37 is excluded by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 38. Access to the common property of the condominium object
Footnote. The title of Article 38 is in the wording of the Law of the Republic of Kazakhstan dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication).
Access to the common property of a condominium object located in an apartment, non-residential premises, parking space, storeroom shall be carried out upon notification of the owner, tenant (subtenant) or other person living or staying in the apartment of the owner, tenant, or staying in the non-residential premises, parking space, storeroom.
The owner, tenant (subtenant), or any other person residing or staying in an apartment of the owner (tenant), or present in a non-residential premises, parking space, or storeroom, shall be obliged to grant access to the owners of apartments, non-residential premises, parking spaces, and storerooms, members of the house council, the chairperson of the association of property owners, or representatives of the condominium management entity, if necessary, for the inspection, repair, or replacement of the common property of the condominium located in the apartment, non-residential premises, parking space, or storeroom.
In this case, the dismantling of structures restricting access to the common property of the condominium object located in an apartment, non-residential premises, parking space, storeroom, shall be carried out by the owner of the apartment, non-residential premises, a parking space, storerooms immediately, independently and at his/her own expense.
In emergency cases or other emergency situations that create a threat to human health or life and (or) lead to damage to the property of the owner, tenant (subtenant) or another person living in the apartment of the owner (tenant) or staying in the non-residential premises, parking space, storeroom, access to the common property of the condominium object located in the apartment, non-residential premises, parking space, storeroom, must be permitted and without prior notice to the owner, tenant (subtenant) of the apartment, owner (tenant) of the non-residential premises, parking space, storerooms.
In order to localize and (or) eliminate an emergency or other emergency situation that poses a threat to human health or life and (or) leads to damage to the property of the owner, tenant (subtenant) or another person living in the owner's apartment or staying in non-residential premises, a parking space, storeroom, a tenant of non-residential premises, a parking space, a storeroom and (or) leads to damage to the common property of the condominium object , the chairperson of the property owners' association or a representative of the management of the condominium object shall have the right to disconnect the access to common building engineering systems and (or) utilities until the localization and (or) elimination of the emergency or other emergency situation.
Footnote. Article 38 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 39. Compensation for damage caused to an apartment, non-residential premises, parking space, storage room, common property of a condominium object
Footnote. The title of Article 39 as amended by the Law of the Republic of Kazakhstan dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication).
1. If the owner of an apartment, non-residential premises, parking space, storage room causes damage to another apartment, non-residential premises, parking space, storage room, common property of a condominium object, he is obliged to eliminate the damage or reimburse the costs of its elimination.
2. The same obligation is borne jointly with the owner by his family members or the tenant (sub-tenant) who permanently or temporarily own or use the apartment, the tenant of non-residential premises, parking space, storage room on the basis of a property lease (rent) agreement, if they directly caused damage.
3. Compensation for damages to owners of apartments, non-residential premises, parking spaces, storerooms, caused in the process of performing the function of managing the condominium object , shall be carried out in accordance with the civil legislation of the Republic of Kazakhstan.
4. The chairperson of the association of property owners or a representative of the managing entity of the condominium object or one of the members of the house council shall be obliged to draw up a report on the fact of an emergency or emergency situation indicating the date, place, time and cause of occurrence with photo and video recording.
This act shall be signed by the owner, tenant (subtenant) of the apartment, the owner (tenant) of the non-residential premises or another person living in the apartment or staying in the non-residential premises, parking space, storeroom, to whom damage was caused, the owner who caused the damage, as well as the chairperson of the association of property owners or a representative of the management entity or a member of the house council.
Footnote. Article 39 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 40. Modification of the structural part of the apartment, non-residential premises, parking space, storage room
Footnote. Title of Article 40 as amended by the Law of the Republic of Kazakhstan dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication).
1. Change of the structural part and (or) common house engineering networks, including re-equipment and (or) redevelopment of an apartment, a non-residential premise by the owner of an apartment, a non-residential premise shall be carried out in accordance with the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities.
1-1. Changing the structural part and functional purpose of the parking lot, which is part of the common property of the condominium object, or parking space or storage room is prohibited.
2. Re-equipment and (or) redevelopment of an apartment, a non-residential premise shall be carried out by the decision of the owner of an apartment, a non-residential premise in the presence of a project in accordance with the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities.
Non-residential premises should be isolated from apartments and not have a common entrance (exit) with them.
3. When re-equipping and (or) redeveloping apartments, non-residential premises, a mandatory written consent of at least two-thirds of the total number of owners of apartments, non-residential premises shall be required in cases where the changes affect:
load-bearing and (or) enclosing structures;
general house engineering systems;
the common property of the condominium object;
functional purpose of apartments, non-residential premises.
In the event that the changes referred to in part one of this paragraph are related to ensuring access for persons with disabilities to housing, the written consent of the owners of apartments, non-residential premises is not required.
4. Communal engineering systems include systems located in an apartment building outside or inside an apartment, non-residential premises, parking space, storage room and serving two (two) or more apartments, non-residential premises, parking spaces, storage rooms, namely the systems of:
cold and hot water supply, consisting of risers, branches from risers to the first disconnecting device, located on the branches from risers, general house metering devices for cold and hot water, internal fire-prevention water supply to the first shut-off and control valves at the outlets of intra-apartment wiring from risers, as well as equipment located on these networks;
heating, consisting of risers, heating elements, control and shut-off valves, general house heat metering devices, as well as other equipment located on these networks, up to the first shutdown device in an apartment, non-residential premise;
the drainage system, consisting of risers, sewer outlets, fittings (including branches, transitions, branch pipes, revisions, crosses, tees), plugs, exhaust pipes, drain funnels, cleaners, branches from risers, as well as other equipment located on these networks, until the first butt joints in an apartment, non-residential premise;
power supplies consisting of input cabinets, input and distribution devices, protection, control and management equipment, household electric energy meters, floor panels and cabinets, lighting installations of common areas, electrical installations of smoke removal systems, freight and passenger elevators (lifts), networks (cables) from the external border, as well as other electrical equipment located on these networks, up to individual electric energy meters;
gas supply, consisting of gas pipelines laid from a gas source (when using liquefied hydrocarbon gas) or the point of connection of these gas pipelines to the gas distribution network to valves (crane), inclusive, located on the branches to the in-house gas equipment, reservoir and (or) group cylinder installations of liquefied hydrocarbon gases intended for gas supply to one multi-apartment residential building, technical devices on gas pipelines, including control and safety valves, gas control systems for air pollution in premises, gas metering devices;
waste disposal, air conditioning, thermoregulation and vacuuming, as well as other equipment, located on these networks, up to the first disconnecting device in an apartment, non-residential premise;
low-current engineering systems consisting of gas pollution, smoke and flooding alarm devices, automatic fire alarm systems, automation and dispatching systems for engineering equipment of an apartment building (intercom systems and equipment, video surveillance), systems for the provision of telephone, television and Internet services, with the exception of equipment located in an apartment, non-residential premises, storage room.
Footnote. Article 40 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication); dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 21.05.2024 № 86-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication); dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 41. Changing the boundaries between apartments, non-residential premises and the common property of the condominium object
1. Changing the boundaries between apartments, non-residential premises, and the common property of the condominium object shall be allowed in compliance with the requirements of the legislation of the Republic of Kazakhstan on architectural, urban planning, and construction activities and paragraph 3 of Article 40 of this Law.
2. Changing the boundaries between neighboring (adjoining) apartments, non-residential premises may be made by mutual consent of the owners of these apartments, non-residential premises in cases where the changes do not affect:
load-bearing and (or) enclosing structures;
common house engineering systems;
the common property of the condominium object;
functional purpose of apartments, non-residential premises.
Footnote. Article 41 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Chapter 6-1. State control within the boundaries of settlements at social infrastructure facilities in the sphere of management of housing fund, gas and gas supply and state supervision within the boundaries of settlements at social infrastructure facilities in the field of industrial safety over compliance with the requirements for the safe operation of hazardous technical devices
Footnote. The Law is supplemented by this chapter 6-1 in accordance with Law of the Republic of Kazakhstan dated 08.06.2009 № 163-IV; excluded by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).
Chapter 7. Management of the condominium object
Footnote. Chapter 7 in the wording of the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).
Clause 1. Procedures and methods of the management of the condominium object
Article 42. Meeting
1. Owners of apartments and non-residential premises shall consider issues and (or) shall make decisions related to the management of the condominium object at the meeting.
Owners of parking spaces and storerooms shall consider issues and (or) shall make decisions related to the maintenance of parking spaces and storerooms at the meeting .
2. The meeting may be held:
1) in person - to discuss issues related to the management of the condominium object and make decisions on them;
2) in absentia - by conducting a written survey and (or) through an information technology facility in the field of housing relations and housing and communal services in the manner, provided for by Articles 43 and 44 of this Law.
The voting results obtained through the object of informatization in the sphere of housing relations and housing and communal economy shall be taken into account when summing up the voting results at meetings held in person and in absentia.
At the meeting, to make decisions provided for in subparagraphs 1) and 2) of paragraph 5 of this article, the owners of apartments, non-residential premises shall confirm the right of ownership of the apartment, non-residential premises in any way not prohibited by the legislation of the Republic of Kazakhstan.
3. The meeting may be initiated by:
the chairperson of the association of the property owners;
the managing entity of the condominium object;
the house council;
the audit committee (auditor);
at least ten percent of the owners of apartments, non-residential premises;
at least ten percent of the owners of parking spaces, storerooms;
the housing inspectorate.
4. The decisions taken by the meeting shall be binding on all owners of apartments, non-residential premises, parking spaces, storerooms.
The decisions of the meeting shall be recorded in the minutes.
5. The competence of the meeting includes the following issues:
1) making a decision on choosing the form of the management of the condominium object;
2) making a decision on choosing the managing entity of the condominium object;
3) electing the chairperson of the association of property owners, members of the house council, the audit committee (auditor), re-election or early termination of their powers;
4) delegating representatives from among the owners of apartments, non-residential premises to the initiative group for registration (re-registration) of the cooperative of owners of apartments (non-residential premises);
5) making a decision on hiring a manager of an apartment building;
6) approving the annual budget of expenses for the management of the condominium object in accordance with the methodology for calculating the annual budget of expenses for the management of the condominium object , making changes and additions to it;
7) approving the amount of current contributions in accordance with the methodology for calculating the minimum amount of contributions for the management of the condominium object ;
8) approval of the amount of cumulative contributions in case of exceeding their amount stipulated by this Law;
9) approval by the owners of parking spaces, storerooms of the amount of current contributions for the maintenance of parking spaces, storerooms in accordance with the methodology for calculating the minimum amount of contributions for the management of the condominium object;
10) making a decision on the collection of target contributions, their amount, terms and other terms of payment;
11) making a decision by the owners of parking spaces, storerooms on the collection of target contributions, their amount, terms and other terms of payment;
12) making a decision on carrying out major repairs of the common property of the condominium object (modernization, reconstruction, restoration), on approval of the cost estimate for carrying out major repairs of the common property of the condominium object;
13) making a decision on spending money accumulated in a savings account;
14) making a decision on replacing (repairing) elevators of a multi-apartment residential building;
15) approval of the annual report on the management of the condominium object;
16) determination of the common property of the condominium object, as well as changes in its composition;
17) making a decision on the transfer to the owner of the apartment, non-residential premises, parking space, storerooms or third parties of part of the common property of the condominium object for property lease (rent);
18) making a decision on the selection of an object of informatization in the sphere of housing relations and housing and communal services;
19) making a decision on the payment and amount of remuneration to members of the house council, the audit committee (auditor) based on the results of activities for the reporting period;
20) establishing the amount of remuneration for the chairperson of the association of property owners;
21) making a decision on the selection of a contractor for major repairs of the common property of a condominium object ;
22) other issues related to the management of a condominium object .
6. The convener of the meeting shall notify the owners of apartments, non-residential premises, parking spaces, and storage rooms of the format, date, location, and agenda of the meeting at least five calendar days prior to the meeting by posting an announcement in publicly accessible places, on the information system of the housing and communal services sector (if available), or individually via email or to the subscriber number of a mobile communication device, provided that such contact details have been provided by the owners of apartments, non-residential premises, parking spaces, and storage rooms.
7. The owner of an apartment, non-residential premises, parking space, storerooms shall have one vote when voting.
If the owner owns several apartments, non-residential premises, parking spaces, storerooms, he/she shall have the corresponding number of votes.
An apartment, non-residential premises, parking space, storeroom, which are in joint ownership of two or more persons, shall have one vote when voting.
8. The meeting shall be authorized to make a decision if more than half of the total number of owners of apartments, non-residential premises participate in it.
The decision shall be made with the consent of the majority of the total number of owners of apartments, non-residential premises who directly took part in the voting, with the exception of the issues specified in subparagraphs 6) -16) and 21) of paragraph 5 of this article, on which the decision is made with the consent of the majority of the total number of owners of apartments, non-residential premises.
9. The owners of parking spaces, storerooms shall make a decision at a meeting on the issues specified in subparagraphs 9) and 11) of paragraph 6 of this article.
The decision shall be considered adopted if the majority of the owners of parking spaces, storerooms out of the total number of owners of parking spaces, storerooms voted for it.
10. Each owner of an apartment, non-residential premises, parking space, storerooms, in compliance with the requirements established by the legislation of the Republic of Kazakhstan on personal data and their protection, shall have the right to know how other owners of apartments, non-residential premises, parking spaces, storerooms voted.
11. Owners of apartments, non-residential premises of one entrance of a multi-apartment residential building shall have the right to make a decision on collecting target contributions to pay for events not provided for in the annual budget for the management of the condominium object, if this does not affect the interests of owners of apartments, non-residential premises of other entrances of a multi-apartment residential building.
The decision shall be considered adopted if there is consent from more than two-thirds of the total number of owners of apartments, non-residential premises of a given entrance of a multi-apartment residential building with the execution of a corresponding protocol.
12. The list of the owners of apartments, non-residential premises, parking spaces, storerooms who voted, indicating their last name, first name, patronymic (if indicated in the identity document), apartment numbers, non-residential premises, parking spaces, storerooms shall be an integral part of the minutes of the meeting, numbered and stitched.
13. The decisions taken by the meeting, formalized by the minutes, shall be a document when considering controversial and other issues in court, other government agencies and organizations as an expression of the will of the owners of apartments, non-residential premises, parking spaces, storerooms, and shall also serve as the basis for calculating housing assistance.
14. The minutes of the meeting shall indicate:
1) the location of the multi-apartment residential building;
2) the issues put to the vote;
3) the date, format, time of the meeting (voting periods);
4) the total number of owners of apartments, non-residential premises;
5) the total number of owners of parking spaces, storerooms;
6) the number of owners of apartments, non-residential premises, parking spaces, storerooms participating in the meeting, indicating their last name, first name, patronymic (if indicated in the identity document), apartment numbers, non-residential premises, parking spaces, storerooms;
7) the number of owners of parking spaces, storerooms participating in the meeting, indicating their last name, first name, patronymic (if indicated in the identity document), numbers of parking spaces, storerooms;
8) the last name, first name and patronymic (if indicated in the identity document) of the chairperson of the meeting, the secretary of the meeting, and the initiators of the meeting;
9) the voting results;
10) the decision taken by the meeting;
11) appendix to the minutes of the meeting.
15. The minutes of the meeting shall be an official document and shall be signed by the chairperson, the secretary of the meeting and the initiator of the meeting.
If the meeting is convened by no less than ten percent of the owners of apartments, non-residential premises, or owners of parking spaces and storage rooms, the minutes of the meeting shall be signed by at least three owners of apartments, non-residential premises, or owners of parking spaces and storage rooms among the initiators.
16. The minutes of the meetings shall be kept by the chairperson of the association of property owners or by the condominium management entity where the owners of apartments and non-residential premises have chosen the form of condominium management in the form of direct joint management.
When creating an electronic document, the minutes of meetings shall be stored in accordance with the Law of the Republic of Kazakhstan ""On electronic document and electronic digital signature".
17. Copies of meeting minutes shall be provided upon written request of the owner of an apartment, non-residential premises, parking space, storerooms or the housing inspectorate within five working days.
Article 43. Conducting a written poll
1. To organize a meeting by conducting a written poll, an initiative group shall be determined from among the owners of apartments, non-residential premises, parking spaces, storerooms.
2. A written poll shall be conducted within a period of no more than two months from the date of the announcement of the meeting.
In multi-apartment residential buildings, where the number of apartments, non-residential premises or parking spaces, storerooms exceeds five hundred, a written poll shall be conducted within a period of no more than three months.
3. A written poll sheet must contain a serial number, the address of the multi-apartment residential building, the issues put to a vote, a place for the signature of the owner of the apartment, non-residential premises, parking space, storerooms, signatures of the initiators of the meeting.
4. A written poll sheet shall be sent in person, by e-mail or by subscriber number of the subscriber's mobile device (if such information is available) to each owner of an apartment, non-residential premises, parking space, storerooms within five calendar days from the date of announcement of a written poll.
5. In a written poll sheet, the owner of an apartment, non-residential premises, parking space, storerooms shall indicate the last name, first name, patronymic (if indicated in the identity document), the number of the apartment, non-residential premises, parking space, storerooms, opinion on the issues put to the vote, and shall sign the written poll sheet.
6. The initiators of the meeting shall collect and shall receive the written poll sheets in person, via e-mail or by subscriber number of the subscriber's mobile phone (if such information is available) for recording, drawing up the protocol and are responsible for the accuracy of the information contained in the questionnaires, as established by the laws of the Republic of Kazakhstan.
7. The results of the voting by means of a written poll shall be summed up by the initiators of the meeting in the presence of the chairperson of the association of property owners, members of the house council, a representative of the management entity (if any) or, when the owners of apartments, non-residential premises choose the form of the management of the condominium object in the form of direct joint management - at least two owners of apartments, non-residential premises, parking spaces, storerooms.
8. The results of voting by means of a written poll shall be recorded in the minutes of the meeting and signed by the initiators of the meeting. The decision is considered adopted taking into account the requirements of paragraph 7 of Article 42 of this Law.
The sheets of a written poll shall be an integral part of the minutes of the meeting, are numbered and stitched.
Article 44. Voting via the information system in the field of housing and communal services
1. Voting by owners of apartments, non-residential premises, parking spaces, and storage rooms may be carried out via the information system in the field of housing and communal services.
2. Voting via the information system in the field of housing and communal services shall be conducted for a period of not less than seven days and not more than two months from the date of the announcement of the meeting.
3. Upon the completion of voting via the information system in the field of housing and communal services, the minutes shall be posted on the information system in the field of housing and communal services and maintained in accordance with the Law of the Republic of Kazakhstan “On Electronic Document and Electronic Digital Signature,” and shall also be transmitted in the form of an electronic document to the chairperson of the association of property owners or to the condominium management entity, or, in the absence thereof, to the convener of the meeting, in accordance with the rules for the formation, processing, and centralized collection and storage of information in electronic form, including the operation of information systems in the field of housing and communal services.
4. For conducting voting via the information system in the field of housing and communal services on the issues specified in subparagraphs 1) and 2) of paragraph 5 of Article 42 of this Law, the “e-Government” information system may be used
Article 45. Audit committee (auditor)
1. Owners of apartments and non-residential premises at a meeting shall have the right to elect an audit committee consisting of at least three people or an auditor from among the owners of apartments and non-residential premises for a period of three years.
Members of the audit committee (auditor) cannot perform other functions in managing the condominium object.
Members of the family of the chairperson of the association of property owners or members of the house council cannot be elected as members of the audit committee (auditor).
2. An audit committee (auditor) shall audit the financial documentation for the management of the condominium object at least once a year in accordance with the rules for the management of the condominium object.
The report of the audit committee (auditor) on the results of the verification of the financial documentation for the management of the condominium object shall be reviewed at the meeting.
In the event of a change in the form of the management of the condominium object or the managing entity of the condominium object, the audit committee (auditor) shall audit the financial documentation for the management of the condominium object within one month.
3. The decision of the audit committee on issues within its competence shall be made by a simple majority of votes and signed by the members of the audit committee.
The auditor's decision shall be drawn up and signed by the auditor.
4. Owners of apartments, non-residential premises, parking spaces, storerooms, by decision of the meeting, shall have the right to conduct an audit of the results of financial documentation for the management of the condominium object.
In cases where the costs of audit services are paid for by the personal funds of the owners of apartments, non-residential premises, parking spaces, storerooms, a meeting resolution shall not be required.
Article 46. Reports on the management of the condominium object
1. The chairperson of the association of property owners or the managing entity of the condominium object shall represent the owners of apartments, non-residential premises, parking spaces, storerooms, the house council through information systems in the sphere of housing relations and housing and communal services and (or) by posting in public places:
monthly report on the management of the condominium object - before the twentieth day of the month following the reporting period;
annual report on the management of the condominium object - before April 1 of the year following the reporting period.
The monthly and annual reports on the management of the condominium object must reflect additional expenses that are not related to the expenses on the management of the condominium object (if any).
The monthly and annual reports on the management of the condominium object shall be submitted taking into account the requirements established by the legislation of the Republic of Kazakhstan on personal data and their protection.
Clause 2. Forms of the management of the condominium object
Article 47. Выбор формы the management of the condominium object
1. Owners of apartments and non-residential premises for the management of the condominium object shall be obliged to choose one of the forms of the management of the condominium object:
1) direct collective management;
2) association of property owners.
2. Owners of apartments and non-residential premises shall be free to choose and change the form of management of the condominium object, as defined in paragraph 1 of this article.
3. It is not permitted to provide a management of the condominium object service by concluding an individual agreement between the owners of apartments, non-residential premises, parking spaces, storerooms and the association of property owners or the managing entity of the condominium object.
Article 48. Direct collective management
1. Owners of apartments, non-residential premises of a multi-apartment residential building shall be entitled to independently carry out the management of the condominium object.
2. Direct collective management of all owners of apartments, non-residential premises in a multi-apartment residential building, where the number of apartments, non-residential premises is less than thirty-six, can be carried out without opening current and savings accounts in second-tier banks and involving a managing entity of the condominium object.
If the number of apartments and non-residential premises in a multi-apartment residential building exceeds thirty-six, the owners of apartments and non-residential premises shall be obliged to engage a managing entity of the condominium object on the basis of the minutes of the meeting for the management of the condominium object.
Article 49. Association of property owners
1. For the management of the condominium property, the financing of its maintenance, and the safeguarding of the common property of the condominium, the owners of apartments and non-residential premises of a multi-apartment residential building shall establish an association of property owners.
2. In multi-apartment residential buildings located on a single foundation or having unified common engineering systems, or a unified indivisible land plot beneath the multi-apartment residential building and the adjoining land plot, the owners of apartments and non-residential premises shall establish a single association of property owners.
Article 50. State registration of the association of property owners
1. An association of property owners shall be considered to be created and acquires the rights of a legal entity from the moment of its state registration and carries out activities on the basis of a standard charter approved by the authorized body.
2. State registration of an association of property owners shall be carried out in the manner determined by the legislation of the Republic of Kazakhstan on state registration of legal entities and registration of branches and representative offices.
3. For state registration of an association of property owners, the following shall be submitted to the justice bodies:
1) an application in the form established by the Ministry of Justice of the Republic of Kazakhstan;
2) minutes of the meeting;
3) a receipt or other document confirming payment to the budget of the registration fee for state registration of a legal entity.
Article 51. House council
1. The members of the house council shall be elected at a meeting of at least three owners of apartments, non-residential premises.
Family members of the owner of an apartment, non-residential premises (spouse), joint or one of the spouses' children (including adopted children), parents and parents of the spouse, families of children permanently residing with the owner of the apartment, non-residential premises, may be elected as a member of the house council.
Family members of the chairperson of the property owners' association and members of the audit commission (auditor) may not be elected as members of the house council.
2. The house council shall represent the interests of the owners of apartments, non-residential premises, parking spaces, storerooms on issues of the management of the condominium object and is accountable to the meeting.
3. The house council shall perform the following functions:
1) provided for in subparagraphs 1), 2), 3), 4), 5), 17), 18), 19), 20) and 22) of paragraph 5 of Article 42 of this Law, subject to the delegation of such powers by the meeting;
2) reviewing draft annual budgets for the management of the condominium object, annual reports on the management of the condominium object and their submission to the meeting for review and approval;
3) organizing the meeting, preparing written poll sheets and meeting minutes;
4) monitoring the fulfillment of the terms of the contract with the managing entity of the condominium object;
5) monitoring the spending of money by owners of apartments, non-residential premises, parking spaces, storerooms on current and savings accounts;
6) coordinating the candidacy of the manager of an apartment building;
7) appointment of an acting chairperson of the association of the property owners from among the members of the house council;
8) performance of other functions related to the management of the condominium object, delegated to him/her by the meeting.
In the event that the house council transfers the functions of managing the condominium object to the entity of the management of the condominium object, the performance of the functions specified in subparagraph 3) of part one of this paragraph shall be assigned to the entity of the management of the condominium object.
4. The house council shall be elected for a term of three years.
5. The decision of the house council on issues within its competence shall be made by a simple majority of votes, and shall be formalized in a protocol, which shall be signed by the members of the house council.
The decision of the house council shall be binding on the chairperson of the association of property owners, the managing entity of the condominium object, the owners of apartments, non-residential premises, parking spaces, storerooms.
Article 51-1. Chairperson of the association of property owners
1. The chairperson of the association of property owners shall be elected at a meeting from among the owners of apartments and non-residential premises for a term of three years and shall be a member of the house council.
Family members of an owner of an apartment or non-residential premises (spouse, joint or individual children of the spouses, including adopted children, parents, and the parents of the spouse, as well as the families of the children permanently residing with the owner of the apartment or non-residential premises) may also be elected as the chairperson of the association of property owners.
2. The chairperson of the association of property owners shall be entitled, without a power of attorney and decision of the meeting, to act on behalf of the association of property owners in all courts, government agencies and other organizations.
3. The chairperson of the association of the property owners shall be obliged to ensure the safety of:
documentation for the apartment building specified in paragraph 2 of Article 31 of this Law (if it is available);
financial documentation for an apartment building (primary accounting documents, financial statements, documents related to transactions on current and savings accounts);
minutes of meetings;
concluded contracts for the provision of communal services for the maintenance of common property of a condominium object with organizations providing communal services;
acceptance certificates for services rendered for the management of a condominium object;
monthly and annual reports on the management of a condominium object;
seals (if any);
keys to non-residential premises that are part of the common property of a condominium object;
electronic access codes to equipment included in the common property of the condominium object;
inventory items purchased using current, accumulative and target contributions;
other documentation, technical means and equipment necessary for the operation of the multi-apartment residential building.
4. The chairperson of the association of property owners, upon termination of his/her activity in the management of a condominium object, shall be obliged to transfer, on the basis of an acceptance certificate, within a period of no more than ten working days, to the new chairperson of the association of property owners or to the managing entity of the condominium object, if the owners of apartments and non-residential premises choose the form of the management of the condominium object in the form of direct joint management, or in the absence thereof, to the housing inspectorate, the documentation, technical means and equipment specified in paragraph 3 of this article.
5. The chairperson of the association of property owners shall ensure:
1) state registration and re-registration of the association of property owners;
2) formation of a list of owners of apartments, non-residential premises, parking spaces, storerooms;
3) implementation of a set of measures aimed at ensuring safe and comfortable living conditions (stay) for owners of apartments, non-residential premises, parking spaces, storerooms;
4) organization of the meeting;
5) conclusion of contracts for the provision of communal services for the maintenance of common property of the condominium object with organizations providing communal services;
6) conclusion of employment contracts;
7) execution of decisions of the meeting and the house council;
8) drafting annual budget estimates for the management of the condominium object and annual reports on the management of the condominium object and submitting them to the house council for consideration;
9) submitting a monthly report on the management of the condominium object to the house council;
10) opening current and savings accounts in second-tier banks within fifteen calendar days;
11) monitoring the payment by owners of apartments, non-residential premises, parking spaces, storerooms of current, accumulative, targeted contributions and current contributions for the maintenance of parking spaces, storerooms;
12) submission, upon written request, within one month to the owner of an apartment, non-residential premises, parking space, storerooms, copies of financial documentation related to transactions on current and savings accounts (statements), monthly and annual reports on the management of the condominium object, decisions of the meeting on paper and (or) in electronic form, taking into account the requirements established by the legislation of the Republic of Kazakhstan on personal data and their protection;
13) monitoring the quality of communal services and the continuity of their supply to owners of apartments, non-residential premises, parking spaces, storerooms;
14) posting in public places and at information technology facilities in the housing and communal services sector monthly and annual reports on the management of a condominium object, information on decisions made by the meeting and the council of the house and other information (if any) taking into account the requirements established by the legislation of the Republic of Kazakhstan on personal data and their protection;
15) implementation of measures to prepare utility networks and equipment for the heating season, proper operation of elevators and lifts for people with limited mobility, smoke removal systems, fire alarms, internal fire-fighting water supply;
16) provision of information in accordance with the requirements specified in the rules for the formation, processing, as well as centralized collection and storage of information in electronic form, including the functioning of information technology facilities in the field of housing relations and housing and communal services;
17) exercising other functions related with the management of the condominium object.
6. If the chairperson of the association of the property owners is unable to perform his/her functions due to temporary disability or other reason for more than fifteen calendar days, the house council shall elect a temporary acting chairperson of the association of the property owners from among the members of the house council until a new chairperson of the association of the property owners is elected for a period of no more than six months.
The temporary acting chairperson of the association of the property owners shall not have the right to perform the functions stipulated by subparagraphs 1), 5) and 10) of paragraph 5 of this article.
7. The chairperson of the association of the property owners shall have the right to conclude an employment contract with the manager of the multi-apartment residential building for the management of the condominium object.
The manager of a multi-apartment residential building must be a citizen of the Republic of Kazakhstan and have a document recognizing his professional qualifications in accordance with the Law of the Republic of Kazakhstan "On professional qualifications".
The manager of a multi-apartment residential building, after receiving a document on recognition of professional qualifications, as well as upon concluding an employment contract with the association of property owners represented by the chairman, shall send information to the housing inspectorate for inclusion of this information in the register of managing entities of the condominium object and managers of multi-apartment residential buildings.
Article 51-2. Property of the association of the property owners
1. The association of property owners shall own, by right of ownership, the property it has acquired, which shall serve as collateral for its obligations.
2. The association of property owners shall not be liable for the obligations of the owners of apartments, non-residential premises, parking spaces, or storerooms.
The owners of apartments, non-residential premises, parking spaces, and storerooms shall not be liable for the debts of the association of property owners.
Article 51-3. Liquidation of the association of property owners
1. Association of property owners may be liquidated:
1) by decision of the majority of the total number of owners of apartments, non-residential premises;
2) upon termination of the condominium;
3) by a court decision that has entered into legal force.
2. The property of the association of property owners remaining upon its liquidation in the case provided for in subparagraph 1) of paragraph 1 of this article, after the debt is paid off, shall be transferred to the managing entity of the condominium object chosen by the owners of apartments, non-residential premises or to the temporary management company appointed by the housing inspectorate on the basis of an acceptance certificate, unless otherwise provided by an agreement between the owners of apartments, non-residential premises.
The property of the association of property owners, remaining upon its liquidation in the case provided for in subparagraphs 2) and 3) of paragraph 1 of this Article, after the debt is paid off, shall be distributed between the members of the association of property owners in proportion to their shares in the common property of the condominium object, unless otherwise provided by an agreement between the owners.
3. Liquidation of the association of property owners shall be carried out in accordance with the Law of the Republic of Kazakhstan "On state registration of legal entities and registration of branches and representative offices".
Clause 3. Managing entities of the condominium object
Article 51-4. Managing entities of the condominium object
1. Managing entities of the condominium object shall be:
1) management company;
2) cooperative of apartment owners (non-residential premises).
2. Owners of apartments and non-residential premises are free to choose and change the managing entities of the condominium object, defined in paragraph 1 of this article.
3. Managing entities of the condominium object shall provide services for the management of the condominium object if they have employees who have a document recognizing the professional qualifications for performing functions for the management of the condominium object in accordance with Law of the Republic of Kazakhstan "On professional qualifications" and professional standards in the field of the management of the condominium object.
4. Managing entities of the condominium object shall carry out activities on the management of the condominium object on the basis of an agreement with the association of property owners represented by the chairman or the minutes of the meeting when the owners of apartments and non-residential premises choose the form of the management of the condominium object in the form of direct joint management.
Managing entities of the condominium object shall be obliged to send information to the housing inspectorate within three working days about the commencement of activities for the management of the condominium object, indicating the condominium object, or the termination of such activities.
5. Managing entities of the condominium object shall be obliged to notify the owners of apartments, non-residential premises, parking spaces, storerooms of their intention to change the cost of services for the management of the condominium object or to terminate their activities early no less than three months before the expected date of change or termination.
6. Managing entities of the condominium object, where the owners of apartments and non-residential premises have chosen the form of the management of the condominium object in the form of direct joint management, shall be obliged to hold a meeting no later than three months before the termination of their activities to select a new managing entity of the condominium object.
7. The managing entity shall be obliged to ensure the safekeeping of:
documentation on the multi-apartment residential building specified in paragraph 2 of Article 31 of this Law (if available);
financial documentation of the multi-apartment residential building (primary accounting documents, financial statements, documents related to transactions on current and savings accounts);
minutes of meetings;
executed contracts or copies thereof for the provision of communal services for the maintenance of the common property of the condominium with organizations providing such communal services;
acts of acceptance of services rendered for the management of the condominium;
monthly and annual reports on the management of the condominium;
keys to non-residential premises constituting part of the common property of the condominium;
electronic access codes to equipment included in the common property of the condominium object;
inventory items purchased using current, accumulative and target contributions;
other documentation, technical means and equipment necessary for the operation of the multi-apartment residential building.
8. Managing entities of the condominium object, upon termination of their activities in the management of the condominium object, shall be obliged to transfer, on the basis of an acceptance certificate, within a period of no more than ten working days, to the chairman of the association of property owners or to a new managing entity of the condominium object, if the owners of apartments and non-residential premises choose the form of the management of the condominium object in the form of direct joint management, or in the absence thereof, to the housing inspectorate, the documentation, other technical means and equipment, and other property specified in paragraph 7 of this article.
9. When changing the managing entity of the condominium object, where the owners of apartments and non-residential premises have chosen the form of the management of the condominium object in the form of direct joint management, the remaining money in the savings account must be saved and transferred to the savings account opened by the new managing entity of the condominium object within three working days.
Article 51-5. Managing company
1. The managing company shall notify the housing inspectorate about the commencement or termination of its activities in management of the condominium object in accordance with the Law of the Republic of Kazakhstan "On permissions and notifications".
2. The managing company shall ensure:
1) formation of a list of owners of apartments, non-residential premises, parking spaces, storerooms;
2) implementation of a set of measures aimed at ensuring safe and comfortable living conditions (stay) for owners of apartments, non-residential premises, parking spaces, storerooms;
3) organization of the meeting;
4) conclusion of contracts for the provision of communal services for the maintenance of common property of the condominium object with organizations providing communal services;
5) execution of decisions of the meeting and the house council;
6) drafting annual budget estimates for the management of the condominium object and annual reports on the management of the condominium object and submitting them to the house council for consideration;
7) submitting a monthly report on the management of the condominium object to the house council;
8) opening, within fifteen calendar days, current and savings accounts for the condominium object and (or) managing the current and savings accounts of the property owners' association;
9) monitoring the payment by owners of apartments, non-residential premises, parking spaces, storerooms of current, accumulative, target contributions and current contributions for the maintenance of parking spaces, storerooms;
10) submission, upon written request within one month, to the owner of an apartment, non-residential premises, parking space, storerooms of a copy of financial documentation (statements) related to transactions on current and savings accounts, monthly and annual reports on the management of the condominium object, decisions of the meeting on paper and (or) in electronic form, taking into account the requirements established by the legislation of the Republic of Kazakhstan on personal data and their protection;
11) monitoring the quality of communal services and the continuity of their supply to the owners of apartments, non-residential premises, parking spaces, storerooms;
12) posting in public places and at information technology facilities in the sphere of housing relations and housing and communal services monthly and annual reports on the management of the condominium object, information on decisions taken by the meeting and the council of the house and other information (if any) taking into account the requirements established by the legislation of the Republic of Kazakhstan on personal data and their protection;
13) implementation of measures to prepare utility networks and equipment for the heating season, proper operation of elevators and lifts for people with limited mobility, smoke removal systems, fire alarms, internal fire-fighting water supply;
14) provision of information in accordance with the requirements specified in the rules for the formation, processing, and centralized collection and storage of information in electronic form, including the operation of information technology facilities in the field of housing relations and housing and communal services;
15) performance of other functions related to the management of a condominium object.
3. The customer (developer) of a multi-apartment residential building after registration of a multi-apartment residential building shall have the right to engage a management company until the owners of apartments and non-residential premises select the form of the management of the condominium object or select the subject of the management of the condominium object for a period of no more than two years.
4. If an agreement is not reached between the owners of apartments, non-residential premises on the choice of the form of the management of the condominium object or the subject of the management of the condominium object within two or more months or at the request of the owners of apartments, non-residential premises on the basis of the minutes of the meeting, the housing inspectorate determines and appoints a temporary management company in accordance with the rules for determining and appointing a temporary management company for the management of a condominium object by the housing inspectorate.
5. The temporary management company shall perform the functions of the subject of the management of the condominium object until the owners of apartments and non-residential premises choose the form of the management of the condominium object or choose the subject of the management of the condominium object.
6. The temporary management company shall be obliged to open a current and savings account for the management of the condominium object in a second-tier bank within fifteen calendar days.
7. When a temporary management company is appointed by the housing inspectorate, condominium object management services shall be provided on the basis of an agreement between the housing inspectorate and the temporary management company.
8. The temporary management company provides condominium object management services at the minimum amount of contributions for the management of the condominium object in accordance with the methodology for calculating the minimum amount of contributions for the management of the condominium object.
Article 51-6. Cooperative of apartment owners (non-residential premises)
1. The activities of a cooperative of apartment owners (non-residential premises) shall be carried out in accordance with this Law, the Law of the Republic of Kazakhstan “On Non-Profit Organizations,” and based on the model charter of a cooperative of owners of apartments, approved by the competent authority.
2. he name of a cooperative of owners of apartments (non-residential premises) shall include the phrase “cooperative of owners of apartments (non-residential premises).”
An abbreviated form of the name may be used, incorporating the acronym “COA” (Cooperative of Apartment Owners / Cooperative of Owners of Apartments), where applicable.
3. Registration (re-registration) and liquidation of cooperatives of apartment owners (non-residential premises) shall be carried out in accordance with the laws of the Republic of Kazakhstan "On Non-Profit Organizations " and "On State Registration of Legal Entities and Record Registration of Branches and Representative Offices ".
In this case, the initiative group for registering a cooperative of apartment (non-residential premises) owners shall include representatives of the owners of apartments, non-residential premises of two or more condominium objects, delegated by meetings in the manner established by this Law.
4. A cooperative of apartment owners (non-residential premises) shall carry out the following functions:
1) formation of a list of owners of apartments, non-residential premises, parking spaces, storerooms;
2) implementation of a set of measures aimed at ensuring safe and comfortable living conditions (stay) for owners of apartments, non-residential premises, parking spaces, storerooms;
3) organization of the meeting;
4) conclusion of contracts for the provision of communal services for the maintenance of common property of the condominium object with organizations providing communal services;
5) execution of decisions of the meeting and the house council;
6) drafting annual budget estimates for the management of the condominium object and annual reports on the management of the condominium object and submitting them to the house council for consideration;
7) submitting a monthly report on the management of the condominium object to the house council;
8) opening, within fifteen calendar days, current and savings accounts for the condominium object and (or) managing the current and savings accounts of the property owners' association;
9) monitoring the payment by owners of apartments, non-residential premises, parking spaces, storerooms of current, accumulative, target contributions and current contributions for the maintenance of parking spaces, storerooms;
10) submission, upon written request within one month, to the owner of an apartment, non-residential premises, parking space, storerooms of a copy of financial documentation (statements) related to transactions on current and savings accounts, monthly and annual reports on the management of the condominium object, decisions of the meeting on paper and (or) in electronic form, taking into account the requirements established by the legislation of the Republic of Kazakhstan on personal data and their protection;
11) monitoring the quality of communal services and the continuity of their supply to the owners of apartments, non-residential premises, parking spaces, storerooms;
12) posting in public places and at information technology facilities in the sphere of housing relations and housing and communal services monthly and annual reports on the management of the condominium object, information on decisions taken by the meeting and the council of the house and other information (if any) taking into account the requirements established by the legislation of the Republic of Kazakhstan on personal data and their protection;
13) implementation of measures to prepare utility networks and equipment for the heating season, proper operation of elevators and lifts for people with limited mobility, smoke removal systems, fire alarms, internal fire-fighting water supply;
14) provision of information in accordance with the requirements specified in the rules for the formation, processing, as well as centralized collection and storage of information in electronic form, including the functioning of information technology facilities in the sphere of housing relations and housing and communal services;
15) performance of other functions related to the management of a condominium object.
5. Income received by a cooperative of apartment owners (non-residential premises) cannot be distributed among its members and is directed to statutory purposes.
Chapter 8. Housing construction cooperatives
Footnote. The title of chapter 8 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 52. Formation of a housing- construction cooperative
1. A housing-construction cooperative shall be formed for construction of a multi-apartment residential building and subsequent distribution of apartments, non-residential premises, parking spaces among the members of a housing construction cooperative in accordance with the amount of shares paid or subject to payment and shall be valid until the fulfillment of its obligations in accordance with the legislation of the Republic of Kazakhstan.
2. Construction of a multi-apartment residential building by associations of citizens in a different form than a housing-construction cooperative shall not be allowed.
3. Formation of a housing-construction cooperative begins with holding of foundation meeting of a housing-construction cooperative and ends with state registration as a legal entity.
4. The citizens may form initiative groups for preparation of foundation meeting of a housing- construction cooperative and drafts of documents submitted for its consideration.
5. The foundation meeting of a housing- construction cooperative shall decide the following issues:
1) makes a decision on establishment of a housing-construction cooperative, its name and location;
2) determines the subject and objectives of the activity;
3) approves the charter of the housing- construction cooperative and the foundation contract;
4) elects the executive, control and other bodies;
5) determines the terms and persons responsible for state registration;
6) resolves other issues related to creation of a housing-construction cooperative.
The decision of foundation meeting of a housing-construction cooperative shall be drawn up in a minutes. The minutes of foundation meeting of a housing-construction cooperative shall be signed by the Chairman and secretary.
The Chairman of foundation meeting of a housing-construction cooperative shall be elected by a majority vote of its participants.
6. A project for construction of a multi-apartment residential building through formation of a housing-construction cooperative may provide for several construction objects on one land plot.
7. Excluded by the Law of the Republic of Kazakhstan dated 30.06.2025 № 204-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Footnote. Article 52 is in the wording of the Law of the Republic of Kazakhstan dated December 26, 2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.06.2025 № 204-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).
Article 52-1. Management bodies of housing-construction cooperative
1. The management bodies of housing-construction cooperative shall be:
1) the supreme body - general meeting;
2) the executive body - the board (Chairman);
3) control body - the auditing commission (auditor).
2. The charter of a housing-construction cooperative may provide for creation of other bodies of a housing-construction cooperative.
Footnote. Chapter 7 is supplemented by Article 52-1 in accordance with the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Article 53. Conditions for membership in housing-construction cooperatives
1. The number of members of a housing-construction cooperative at state registration may not be less than ten citizens, who have reached the age of majority. A housing-construction cooperative shall not have the right to accept new members until the preliminary design is approved.
2. Admission of new members to a housing-construction cooperative, carried out in compliance with the requirements of this Law and the charter of a housing-construction cooperative shall be drawn up by the minutes of an executive body and conclusion of a contract on participation in a housing-construction cooperative.
The number of members of a housing- construction cooperative must not exceed the number of shares in a housing-construction cooperative.
3. A citizen wishing to become a member of a housing-construction cooperative shall submit a written application for admission to a housing-construction cooperative to the executive body of a housing-construction cooperative. The application must contain the surname, name, patronymic (if it is indicated in an identity document), place of residence and the details of an identity document.
4. The executive body of a housing- construction cooperative shall consider the application within ten days, upon adoption of a positive decision, shall draw up a protocol and conclude a contract on participation in the housing- construction cooperative, registered by the local executive body with the citizen on behalf of the housing-construction cooperative.
5. The registered right of ownership to immovable property shall not be a ground for refusal to admit to a housing-construction cooperative, unless otherwise provided by the charter of a housing-construction cooperative.
6. The number of votes of each member of a housing-construction cooperative is proportional to the number of his/her shares in a housing- construction cooperative in making decisions. The number of shares owned by a member of a housing- construction cooperative, as well as their sizes shall not be limited, unless otherwise provided by the charter of a housing-construction cooperative.
7. A share in a housing-construction cooperative shall be an apartment or a non-residential premise or a parking space, transferred to a member of a housing-construction cooperative in accordance with a contract on participation in a housing-construction cooperative.
8. In case of death of a member of a housing-construction cooperative, his/her heirs shall have the primary right to be admitted to membership in a housing-construction cooperative, unless otherwise provided by the charter of the housing-construction cooperative. In the latter case, the cooperative shall pay the heirs a share in the property of a housing-construction cooperative, proportional to his/her share.
9. Payment of share contributions shall be made in cash in accordance with the contract for participation in a housing-construction cooperative.
10. The costs for development of design estimate documentation, as well as registration of a land plot for construction of a multi-apartment residential building shall be included in total cost of construction of a multi-apartment residential building and distributed to all members of a housing-construction cooperative.
11. Share contributions shall be carried out by the members of a housing-construction cooperative in accordance with the rules for organizing the activities of a housing- construction cooperative and payment of shares by the members of a housing-construction cooperative, approved by the authorized body, and a contract on participation in a housing-construction cooperative.
12. The members of a housing-construction cooperative shall have the right to:
1) voluntarily leave a housing-construction cooperative in accordance with the established procedure;
2) participate in the activities of a housing- construction cooperative, elect and be elected to the management bodies of a housing-construction cooperative, make proposals on improvement of activities of a housing-construction cooperative, eliminate deficiencies in the work of its management bodies;
3) receive information from management bodies of a housing-construction cooperative about their activities, including familiarization with the data of financial statements and other documentation, in the manner, determined by the charter of a housing-construction cooperative;
4) appeal to the court the decisions of management bodies of a housing-construction cooperative that affect their interests.
13. The charter of a housing-construction cooperative may establish other rights of members of a housing-construction cooperative, not contradicting the laws of the Republic of Kazakhstan.
14. The members of a housing- construction cooperative shall be obliged to:
1) observe the charter of a housing-construction cooperative;
2) perform the decisions of general meeting of a housing-construction cooperative;
3) fulfill obligations to a housing-construction cooperative on participation in its activities, determined by the charter of a housing- construction cooperative;
4) make share contributions in accordance with the contract of participation in a housing-construction cooperative.
15. The members of a housing-construction cooperative may also bear other obligations, provided for by the charter of a housing-construction cooperative, not contradicting the laws of the Republic of Kazakhstan.
Footnote. Article 53 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Article 54. Provision of a share to a member of a housing-construction cooperative
1. A housing-construction cooperative shall be obliged to transfer to a member of a housing-construction cooperative his/her share no later than the term, stipulated by the contract of participation in a housing-construction cooperative.
2. Transfer to a member of a housing-construction cooperative of his/her share in a multi-apartment residential building shall be carried out by the management body of a housing-construction cooperative on the basis of a transfer act after commissioning of a constructed multi-apartment residential building.
Footnote. Article 54 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Article 55. Financial (credit) support for a housing-construction cooperatives
1. Housing-construction cooperatives may receive monetary loans and other financial assistance from the state, legal entities based on non-state ownership, citizens in the manner, determined by the legislation of the Republic of Kazakhstan.
2. Housing-construction cooperatives can also receive loans on a general basis.
Footnote. Article 55 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Article 56. Charter of a housing-construction cooperative
1. Housing-construction cooperatives shall operate on the basis of a charter, developed in accordance with the standard charter of a housing- construction cooperative and adopted at the foundation meeting of a housing-construction cooperative.
2. The charter of a housing-construction cooperative must contain:
1) name, goals and objectives of a housing- construction cooperative;
2) location of a housing-construction cooperative;
3) conditions, procedure for acquisition and termination of membership in a housing- construction cooperative, rights and obligations of its members;
4) the procedure for making share contributions by the members of a housing- construction cooperative;
5) the procedure for registering the members of a housing-construction cooperative;
6) the procedure for creation, reorganization and liquidation of a housing-construction cooperative;
7) the procedure for electing the management bodies of a housing-construction cooperative, the term of powers and their competence;
8) the procedure for introducing amendments and additions to the charter of a housing-construction cooperative;
9) other information, provided for by the Civil code of the Republic of Kazakhstan.
3. The charter of a housing-construction cooperative may contain other provisions, not contradicting the legislation of the Republic of Kazakhstan.
4. The charter of a housing-construction cooperative must be approved by all participants in the foundation meeting of a housing-construction cooperative.
5. Changes and additions, made to the charter of a housing-construction cooperative shall be subject to state registration.
Footnote. Article 56 is in the wording of the Law of the Republic of Kazakhstan dated December 26, 2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Article 57. State registration and implementation of activities of a housing- construction cooperative
1. State registration of a housing- construction cooperative shall be carried out by the bodies of justice in the manner, determined by the legislation of the Republic of Kazakhstan on state registration of legal entities and record registration of branches and representative offices.
A housing-construction cooperative shall carry out construction of a multi-apartment residential building in accordance with the requirements of the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities.
2. Location of a housing-construction cooperative shall be the location of permanent acting executive body of a housing-construction cooperative.
3. When the location is changed, the executive body of a housing-construction cooperative shall be obliged to notify the bodies of justice.
4. A housing-construction cooperative shall have the following powers:
1) to engage in activities, aimed exclusively at construction of a multi-apartment residential building;
2) appeal against acts of state bodies or actions (inaction) of their officials, acts of local self-government bodies that violate the rights of a housing construction cooperative, in the manner established by the legislation of the Republic of Kazakhstan on administrative procedures and the legislation of the Republic of Kazakhstan on administrative proceedings;
3) to exercise other rights of a legal entity necessary to achieve the goals, provided for by the charter of a housing-construction cooperative.
Footnote. Article 57 is the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.06.2020 № 351-VI (effective from 01.07.2021).Article 58. Rights of family members of a cooperative member
1. The circle of family members of a member of a housing-construction cooperative shall be determined in accordance with Article 21 of this Law.
2. The spouse of a cooperative member may be recognized as entitled to a part of the share accumulation if payments to the share accumulation were made during the period of joint married life, unless otherwise, stipulated by an agreement between them.
3. The right to the share accumulation may be recognized for the heir of a deceased member of a cooperative.
4. Family members of a cooperative member, having the right to a part of the share accumulation shall enjoy the same rights and obligations as a cooperative member in respect to the premise used.
Other family members of a cooperative member shall enjoy the right of permanent residence (use) in the premise of a cooperative member.
Footnote. Article 58 as amended by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Article 59. Termination of membership in a housing-construction cooperative
1. Membership in a housing-construction cooperative shall be terminated in the following cases:
1) voluntary withdrawal;
2) loss or alienation of the right to a share through sale, donation, disposal in any other way;
3) exceptions by the decision of general meeting of a housing-construction cooperative or the court;
4) death of a member of a housing-construction cooperative, recognition of him/her as missing or declaring him/her dead in the manner, determined by the legislation of the Republic of Kazakhstan;
5) liquidation of a housing-construction cooperative.
2. Termination of membership in a housing- construction cooperative in case of alienation or loss of the right to a share in a housing-construction cooperative by a member of a housing-construction cooperative shall be drawn up by the decision of an executive body of a housing-construction cooperative.
A member of a housing-construction cooperative whose right to a share in a housing- construction cooperative has been alienated or lost in accordance with subparagraph 2) of paragraph 1 of this Article shall inform the management body of a housing-construction cooperative about this. This information can be provided to the management body of a housing-construction cooperative by persons who have acquired the right to a share in a housing-construction cooperative.
Footnote. Article 59 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Article 60. Consequences of withdrawal from cooperative
1. A family member residing in a flat and eligible for part of a unit contribution shall have the priority right to join a cooperative upon withdrawal of a member of that cooperative before the unit contribution total is paid.
2. A withdrawing cooperative member may specify the other person to whom he/she wishes to transfer the rights and obligations of the cooperative member, with the agreement of the family member holding the right to the unit contribution share.
Such a person acquires the pre-emptive right to join the cooperative.
3. Is excluded by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Footnote. Article 60 as amended by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 61. Exclusion from a housing-construction cooperative
A member of a housing-construction cooperative, who has delayed the payment of share contributions for more than three months from the term provided for by the contract of participation in a housing-construction cooperative may be excluded from a housing-construction cooperative by the decision of general meeting of a housing-construction cooperative.
A member of a housing-construction cooperative must be notified in written form by sending a notice on purpose, by registered mail with acknowledgment of receipt, via cellular communication or e-mail, as well as using other means of communication, ensuring fixation of the notice, no later than ten calendar days by the executive body of a housing-construction cooperative on the reasons for submitting the issue of his/her exclusion from a housing-construction cooperative at the general meeting of a housing-construction cooperative. A member of a housing-construction cooperative should be given the right to express an opinion on the issue of his/her exclusion from a housing-construction cooperative at a general meeting of a housing-construction cooperative.
In case of absence of the excluded member of a housing-construction cooperative and the lack of application from him about the postponement of the general meeting of a housing-construction cooperative, the participants of the general meeting of a housing-construction cooperative shall have the right to take decision on exclusion of a member of a housing-construction cooperative without his/her participation. The general meeting of a housing- construction cooperative must be attended by more than half of the members of a housing-construction cooperative. The decision of the general meeting of a housing-construction cooperative shall be adopted by a majority vote of the participants in the general meeting of a housing-construction cooperative. At the same time, the number of votes of each member of a housing-construction cooperative when making decisions is proportional to the number of his/her shares in a housing-construction cooperative.
The decision of general meeting to exclude a member of a housing-construction cooperative from a housing-construction cooperative may be appealed in the court.
Footnote. Article 61 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 62. Consequences of exclusion or voluntary withdrawal from a housing-construction cooperative
1. In case of exclusion from a housing- construction cooperative by the decision of general meeting of a housing-construction cooperative or the court, the excluded member of a housing- construction cooperative shall independently sell or assign his/her share in a housing-construction cooperative at market value.
If the excluded member of a housing- construction cooperative did not sell the share belonging to him/her within one month, then the further sale of the share belonging to the excluded member of a housing-construction cooperative shall be carried out by the executive body of a housing-construction cooperative.
2. A member of a housing-construction cooperative shall voluntarily leave a housing- construction cooperative upon independent sale or assignment of a share belonging to him/her in a housing-construction cooperative.
Membership in a housing-construction cooperative shall be terminated in the manner prescribed by Articles 59 and 61 of this Law.
3. The value of a share upon sale may not be less than the amount of money stipulated by the contract for participation in a housing-construction cooperative concluded with an excluded member of a housing-construction cooperative.
The money received from the sale of the share shall be distributed in the following order:
the money, contributed by the excluded member of a housing-construction cooperative shall be refunded;
the amount of debt owed by the excluded member of a housing-construction cooperative shall be transferred to a housing-construction cooperative.
4. The amount remaining after payments, specified in paragraph 3 of this Article shall be distributed between a housing-construction cooperative and the excluded member of a housing-construction cooperative in equal shares.
Footnote. Article 62 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Article 63. Payment of full amount of a share contribution by a member of a housing-construction cooperative
A member of a housing-construction cooperative shall be obliged to pay the full amount of a share contribution before the acceptance of a multi-apartment residential building for operation.
Footnote. Article 63 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Article 64. Provision of vacated dwelling place to other person
Footnote. Article 64 is excluded by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 65. Return of unit contribution
Footnote. Article 65 is excluded by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 66. Termination of activity of a housing-construction cooperative
1. Completion of construction of a multi-apartment residential building shall be formalized by an act of acceptance of the object into operation in accordance with the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities.
The act of acceptance of the object into operation shall be the basis for entering of identification and technical information about the object and (or) its components for newly created immovable property into the information system of legal cadastre, registration of rights to immovable property.
2. After registration of the act of acceptance of the object into operation and registration of ownership of the first owner of an apartment, a non-residential premise, the executive body of a housing-construction cooperative shall ensure registration of the condominium object within a month.
3. Members of a housing-construction cooperative shall be obliged to register ownership for apartments, non-residential premises in the manner determined for registration of immovable property.
4. The right to demand the elimination of construction defects in a multi-apartment residential building, identified within the warranty period, shall arise for a housing cooperative, the owner of an apartment, non-residential premises, parking space, storerooms, an association of property owners, or the subject of the management of the condominium object.
This provision must be provided for in the construction contract between the housing-construction cooperative and the contractor.
5. The housing-construction cooperative shall cease its activity after fulfillment of all its obligations in accordance with the legislation of the Republic of Kazakhstan.
Footnote. Article 66 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication). SECTION 4
Chapter 9. Provision of dwelling place from state housing stock or dwelling place leased by local executive body in private housing stock
Footnote. Title as amended by Law of the Republic of Kazakhstan dated 7 July 2006 № 182 (for method of enforcement, see Article 2).
Article 67. Registration of persons in need of housing and provision of housing from the housing stock of state institutions and state enterprises
1. State institutions and state enterprises shall maintain lists of persons in need of housing and publish on their Internet resources the lists of persons registered as needing housing and lists of persons who have received housing from the housing stock of state institutions and state enterprises over the past twenty-four months, indicating the date of their registration as needing housing.
The requirements to publish on their Internet resources lists of persons registered as needing housing and lists of persons who have received housing from the housing fund of state institutions shall not apply to the Armed Forces of the Republic of Kazakhstan, other troops and military formations, law enforcement agencies, special public authorities, and civil defence agencies.
Housing provided from the state housing fund, excluding housing rented from the private housing fund to civil servants, employees of budgetary organisations, military personnel, cosmonaut candidates, cosmonauts, employees of law enforcement agencies, special public authorities, civil defence agencies, as well as persons holding elected public office shall be equated to service housing.
2. Dwellings from the housing stock of state institutions shall be provided for use by the employees of these institutions who need housing in a given locality, with the exception of cases provided for in paragraphs 4, 5, 6 and 7 of this article.
Dwellings from the housing stock of state institutions created for the purpose of implementing active measures to promote employment shall be provided to citizens of the Republic of Kazakhstan, kandas, participating in active measures to promote employment, in accordance with the legislation of the Republic of Kazakhstan on social welfare.
A mandatory condition for the provision of housing from the housing stock of state institutions created for the purpose of implementing active measures to promote employment to citizens of the Republic of Kazakhstan, kandas participating in active measures to promote employment, in accordance with the legislation of the Republic of Kazakhstan on social welfare, is the absence of housing on the ownership right at the new place of residence, including members of their families.
The housing provided by state institutions is service housing.
3. Dwellings from the housing stock of state enterprises are provided for use by employees of these enterprises and shall be equated to service housing.
4. Dwellings from the housing stock of state institutions shall be provided for use to the state bodies’ civil servants in need of housing in a given locality, supporting the activities of the President, the Chambers of Parliament, the Prime Minister and the Government of the Republic of Kazakhstan and not having the right to operational management of separate property, as well as other persons determined by the President of the Republic of Kazakhstan.
5. Service housing from the departmental housing stock shall be provided for use by civil servants in need of housing in a given locality, appointed to a position on a rotational basis, for the period of performance of their official duties.
6. Service housing belonging to the housing stock of state institutions of national security and internal affairs bodies of the Republic of Kazakhstan, civil defence bodies in this settlement, not subject to privatisation, shall be provided for the period of service (employment) to employees (workers) who are recognised as needing housing and who are members of the national security and internal affairs agencies of the Republic of Kazakhstan, civil defence agencies, etc.
7. Housing from the housing stock of the municipal state institution in the sphere of accounting and maintenance of the housing stock of the capital shall be provided for use by civil servants and budgetary employees in need of housing in a given locality.
Footnote. Article 67 as amended by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective six months after the date of its first official publication); as amended by Law of the Republic of Kazakhstan № 196-VIII of 24.06.2025 (shall take effect on 30.06.2025); № 203-VIII of 30.06.2025 (shall enter into force on 01.07.2025).Article 68. Citizens in vulnerable population groups
Footnote. Title of Article 68 as amended by Law of the Republic of Kazakhstan dated 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication).
Vulnerable population groups include:
1) veterans of the Great Patriotic War;
1-1) veterans equated in benefits to veterans of the Great Patriotic War;
1-2) veterans of combat operations on the territory of other states;
2) persons with the first and second disability groups;
3) families with or raising children with disabilities;
4) persons with severe forms of certain chronic diseases included in the list of diseases confirmed by the authorized healthcare body;
5) retirement pensioners;
6) orphans and children without a custody of parents aged under twenty-nine years who lost parents before coming age. When these persons are called to military service, the age shall be extended for the term of performance of active military duty;
7) oralmans;
8) persons who lost their dwelling place due to ecological, natural or technical disasters or emergencies;
9) mothers with many children, awarded with necklaces "Altyn alka", "Kumis alka" or previously received the title "Mother-Heroine", as well as awarded with the orders of "Maternal Glory" of I and II degrees, large families;
10) families of persons who died (were killed) while fulfilling state or public duties or military service, preparing for or carrying out space travel, saving human life or protecting law and order;
11) incomplete families;
12) widows (widowers) who have dependent minor children and children studying under general education or professional programs in organizations of general secondary, technical and professional, post-secondary education, higher, postgraduate education on a full-time basis, but not more than until reaching the age of twenty-three.
Footnote. Article 68 as amended by Laws of the Republic of Kazakhstan dated 06.07.2007 № 276; 08.06.2009 № 163-IV; 29.05.2010 № 283-IV (for method of enforcement see Article 2); 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication); and 06.01.2012 № 529-IV (enforced upon expiry of twenty-one calendar days after first official publication); dated 06.05.2019 № 251-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 06.05.2020 № 323-VI (effective ten calendar days after the date of its first official publication); dated 24.11.2021 № 75-VII (effective ten calendar days after the date of its first official publication); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication); dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication).Article 69. Recognition of citizens of the Republic of Kazakhstan, kandas as needing housing
1. Adult citizens of the Republic of Kazakhstan, kandas shall be recognized as needing housing if:
1) they do not have owned housing on the territory of the Republic of Kazakhstan within the last five years at the time of registration as in need of housing in the unified republican electronic database and the electronic database "Center for Housing Provision";
2) they do not have owned housing in a given locality when registering as in need of housing and at the time of provision of housing from the housing stock of the state institution;
3) they do not have a home on the ownership right in the territory of the Republic of Kazakhstan when registering as needing housing and at the time of provision of housing from the housing stock of the state enterprise;
4) their only home is recognized as an emergency dwelling in accordance with the procedure stipulated by the legislation of the Republic of Kazakhstan, the registration of which is carried out at the location of this home by local executive bodies.
2. The requirement to reach the age of majority does not apply to orphans, children without parental care, under twenty-nine years old, or those who lost their parents before reaching the age of majority. When such persons are called up for military service, the age shall be extended for the duration of their compulsory military service.
3. Family members of a tenant (sub-tenant) who has received housing from the communal housing stock cannot be recognized as needing housing from the communal housing stock on the same grounds as the tenant (sub-tenant) of the housing.
4. Citizens of the Republic of Kazakhstan, whose only dwelling is recognized to be in emergency condition in accordance with the procedure established by the legislation of the Republic of Kazakhstan, upon receiving housing from the communal housing stock shall transfer the emergency dwelling they own into communal ownership in accordance with the civil legislation of the Republic of Kazakhstan.
Footnote. Article 69 is envisaged in the wording of the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective six months after the date of its first official publication).Article 70. Right of citizens to dwelling place from state housing stock or dwelling place leased by a local executive body in private housing stock
A citizen (together with spouse and minor children) shall have the right to only one dwelling place in this inhabited locality from state housing stock or a dwelling place leased by a local executive body in private housing stock, with the exception of cases in which each spouse had such dwelling place before marrying.
Footnote. Article 70 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 № 182 (for method of enforcement, see Article 2).Footnote. The title of Chapter 10 is excluded by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective six months after the date of its first official publication).
Article 71. Putting citizens of the Republic of Kazakhstan, kandas on the register of needing housing by the housing construction savings bank having the status of a national development institute
1. Registration of citizens of the Republic of Kazakhstan by the housing construction savings bank having the status of the national development institute, citizens of the Republic of Kazakhstan, kandas as needing housing in the electronic database “Center for housing provision”, recognized as needing housing in accordance with Article 69 of this Law, shall be made at the place of registration in the given locality in accordance with the rules of registration of citizens of the Republic of Kazakhstan, kandas on the account of those in need of housing in the electronic database “Center for housing provision”.
Registration of citizens of the Republic of Kazakhstan, kandas as in need of housing in the electronic database “Center for housing provision” by the Housing Construction Savings Bank, which has the status of the national development institute, shall be carried out in compliance with the requirements of the Law of the Republic of Kazakhstan “On personal data and their protection”.
When registering those in need of housing the Housing Construction Savings Bank with the national development institute status, must obtain the consent of citizens of the Republic of Kazakhstan, kandas and members of their families for collection and processing of personal data in accordance with Article 8 of the Law of the Republic of Kazakhstan “On Personal Data and Their Protection”.
The decision on registration of citizens of the Republic of Kazakhstan, kandas as needing housing in the electronic database “Center for housing provision” with sending of a notice of registration or a motivated refusal to register shall be made by the housing construction savings bank, which has the status of the national development institute, and shall be sent to the citizen of the Republic of Kazakhstan, kandas via e-mail or cellular subscriber device to his subscriber number in the form of a text message no later than fifteen working days from the application filing date.
2. When registering citizens of the Republic of Kazakhstan, kandas, as needing housing in cities of national significance, the capital by a housing construction savings bank with the status of a national development institute, registration at the place of residence over the last three years is required. This requirement shall not apply to orphans, children left without parental care (parent), under twenty-nine years old, or those who lost their parents before reaching adulthood.
3. Legal representatives of orphans, children left without parental care (parent), shall be obliged, within three months from the date of admission of orphans, children without parental care (parent), to an educational, medical or other organization, or from the date of their placement under guardianship or custody , or from the date of conclusion of an agreement with a foster parent, adoptive parents, to register the child as needing housing at the place of initial registration of orphans, children left without parental care (parent), or at the place of actual residence of the legal representative.
In the event that orphans, children left without parental care (parent), are returned to educational, medical or other organizations after adoption, guardianship or custody, foster care by a foster family has been revoked, the children shall be reinstated in the lists of those in need of housing until their transfer to an adoptive parent, guardian, custodian, foster carer or foster parent.
Orphans and children left without parental care (parent) are registered as needing housing, while keeping the initial date of registration as needing housing within the oblast.
Registration of orphans and children left without parental care (parent) as needing housing in the electronic database “Center for Housing Provision” in case of change of their place of residence shall be carried out in accordance with paragraphs 1 and 2 of this article.
4. Citizens of the Republic of Kazakhstan who are employees of state institutions or state-owned enterprises, who are registered as budget employees in need of housing, are recognized as employees of budget organizations in the event of reorganization of state institutions and state-owned enterprises into state-owned enterprises on the right of economic management, also in the case of transfer of the property complex of a state enterprise under a trust management agreement.
5. Registration of persons in need of housing in the electronic database “Center for housing provision” of citizens of the Republic of Kazakhstan, kandas, who are registered with the unified republican electronic database, shall not be allowed.
6. The inventory of lists of citizens of the Republic of Kazakhstan, kandas, registered as those in need of housing with the unified republican electronic database, the electronic database “Center for Housing Provision”, shall be conducted at least once a quarter with the publication of updated lists of citizens of the Republic of Kazakhstan, kandas on the Internet resource of the housing construction savings bank, which has the status of the national development Institute.
Footnote. Article 71 as amended by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective six months after the date of its first official publication).Article 72. Grounds for denying registration as needing housing
Citizens of the Republic of Kazakhstan and citizens of the Republic of Kazakhstan are denied registration as needing housing in cases if:
1) they own or have owned housing on the territory of the Republic of Kazakhstan during the last five years when registering as needing housing in the electronic database “Center for Housing Provision”;
2) they own housing in a given locality when registering as needing housing from the housing stock of a state institution;
3) they own housing in the Republic of Kazakhstan when registering as needing housing from the housing stock of a state enterprise;
4) they have housing provided for use from the state housing stock or housing rented by the local executive body in the private housing stock;
5) the submitted documents and/or information contained false data;
6) they had previously received and privatized housing from the state housing stock;
7) they have the only home recognized as emergency dwelling in accordance with the procedure established by the legislation of the Republic of Kazakhstan, which is located in another populated area;
8) they acquired housing in ownership with the use of 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, and the concept for development of the industry (sphere) approved by the Government of the Republic of Kazakhstan.
Footnote. Article 72 as amended by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective six months after the date of its first official publication).Article 73. Grounds for deregistration of citizens of the Republic of Kazakhstan in need of housing, kandas
Footnote. The title of Article 73 as amended by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective six months after the date of its first official publication).
1. Deregistration of citizens of the Republic of Kazakhstan in need of housing, kandas registered as needing housing in the unified republican electronic database, the electronic database “Center for Housing Provision”, shall be made in the following cases:
1) absence of grounds for recognition as needing housing in accordance with Article 69 of this Law;
2) moving to another locality for permanent residence;
3) termination of employment in a state institution or state enterprise;
4) obtaining housing from the state housing stock;
5) submission of documents and (or) information as grounds for recognition as needing housing, containing inaccurate data;
6) termination of citizenship of the Republic of Kazakhstan or receipt of a residence permit or other document confirming the right to permanent residence in the territory of a foreign state;
7) life imprisonment on the enforced guilty verdict of the court;
8) recognition as missing by the enforced court ruling;
9) death or declaration of death by enforced court ruling.
The following persons shall not be de-registered as needing housing, except for the cases provided for in the first part of this paragraph:
1) orphans, children left without parental care, after they reach the age of majority;
2) families with or raising children with disabilities, after the child reaches the age of majority or in the event of the removal (non-establishment) of the child's disability or his/her death;
4) single-parent families after the children reach the age of majority or their death;
5) kandas, who have obtained citizenship of the Republic of Kazakhstan, arrived for permanent residence in the regions determined by the Government of the Republic of Kazakhstan;
6) widows (widowers) after their children reach the age of majority or after their death.
2. In the event of a citizen registered leaving for another permanent place of residence or his death, the order shall be retained for the remaining family members registered with him, unless the grounds for recognizing them as in need of housing have disappeared.
2-1. Excluded by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective six months after the date of its first official publication).3. Interested persons shall be notified of deregistration in writing, ten days after adoption of the decision specifying the grounds for deregistration.
4. In cases where violations are discovered, when a citizen was registered as in need of housing in the absence of grounds for this, but subsequently such grounds appeared (the number of family members increased, the total family income decreased, etc.), he/she shall be recognized as in need from the date the grounds appeared and, accordingly, his order is transferred.
Footnote. Article 73 as amended by Laws of the Republic of Kazakhstan dated 07.07.2006 № 182 (for method of enforcement see Article 2); and 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication); dated 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 06.05.2019 № 251-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.10.2021 № 67-VII of the LRK (effective ten calendar days after the date of its first official publication); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication); dated 15.03.2023 № 207-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 22.11.2024 № 138-VIII (effective six months after the date of its first official publication); dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 74. Implementation of state support measures aimed to improve housing conditions
1. State support measures aimed to improve housing conditions shall be implemented to citizens of the Republic of Kazakhstan, kandas, registered as needing housing with the unified republican electronic base, electronic base “Center for housing provision”, depending on the income level and the date of registration as needing housing in accordance with the rules of implementing state support measures aimed to improve housing conditions.
The rights of citizens of the Republic of Kazakhstan, kandas, registered as needing housing with the unified republican electronic base, electronic base “Center for housing provision”, shall be recognized as equal.
Veterans of the Great Patriotic War, veterans equal in benefits to veterans of the Great Patriotic War, veterans of combat operations in the territory of other states, orphans, children left without parental care, mothers with many children awarded with the pendants "Altyn Alka", "Kumis Alka" or who previously received the title of "Mother Heroine", as well as those awarded with the Order of Maternal Glory of the 1st and 2nd degrees, large families, families having or raising children with disabilities, persons of the first and second disability groups, widows (widowers) shall have priority right to receiving state support measures within the framework of the distribution year aimed at improving housing conditions provided for in subparagraphs 1) and 3) of paragraph 1 of Article 10-8 of this Law, who are provided with at least seventy percent of housing from the total housing volume.
2. When providing state support measures aimed at improving housing conditions, social payments, pension payments received by persons caring for children with disabilities, state scholarships in educational organizations received by orphans and children left without parental care are not included in the income of citizens of the Republic of Kazakhstan.
3. Citizens of the Republic of Kazakhstan registered as needing housing in the unified republican electronic database, the electronic database "Housing Provision Center", related to the category defined by subparagraph 10) of Article 68 of this Law, shall be provided with housing no later than one year by local executive bodies at the place of residence.
4. The decision to provide state support measures aimed at improving housing conditions provided for in subparagraphs 1), 2) and 3) of paragraph 1 of Article 10-8 of this Law shall be made by the housing construction savings bank having the status of a national development institute in accordance with the rules for implementing state support measures aimed to improve housing conditions.
Footnote. Article 74 as amended by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective six months after the date of its first official publication); dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 75. Standard of provision of dwelling place from state housing stock or leased by a local executive body in private housing stock
1. Dwelling places from state housing stock or leased by a local executive body in private housing stock shall cover not less than fifty square metres and no more than eighteen square metres of usable space per person, but not less than a one-roomed flat or room in a hall of residence.
2. Excluded by Law of the Republic of Kazakhstan dated 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication).3. Dwelling-place floor space that exceeds the sizes, established by paragraph 1 of this Article shall be deemed excess.
4. Citizens with severe forms of some chronic diseases entered on the list of diseases approved by the authorized healthcare body, as well as families having or raising children with disabilities, shall be provided with a separate additional room. This additional space shall not be considered excessive.
5. The presence in a family of a woman over 22 weeks pregnant shall be considered when determining the size of the dwelling place to be provided from state housing stock or leased by a local executive body in private housing stock.
5-1. When calculating the standard for providing housing to a citizen (family) living in the only housing recognized as emergency in the manner established by the legislation of the Republic of Kazakhstan, the size of the area of the housing owned by him (her) shall not be taken into account.
6. Excluded by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).
7. The standards established by this article for the provision of housing from the state housing stock or housing rented by the local executive body in the private housing stock shall not be applied to assess the sufficiency of housing owned by citizens of the Republic of Kazakhstan, kandas, for the purpose of establishing their need for housing.
Footnote. Article 75 as amended by Laws of the Republic of Kazakhstan dated 09.07.2004 № 587; 07.07.2006 № 182 (for method of enforcement see Article 2); and 22.07.2011 № 479-IV ( enforced upon expiry of ten calendar days after first official publication); dated 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.11.2021 № 75-VII (effective ten calendar days after the date of its first official publication); dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication); dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 76. Requirements applicable to dwelling places from state housing stock or leased by a local executive body in private housing stock
1. Dwelling places from state housing stock or leased by a local executive body in private housing stock, and provided to citizens for residence, shall be suitable according to the conditions of this inhabited locality and shall be located within the boundaries of the inhabited locality, where the person in need was registered.
Dwelling places that do not satisfy the requirements of this paragraph may be provided only with the written consent of the person in need and all his/her adult family members. Provision of such dwelling places shall lead to deregistration of the persons in need.
2. Settlement of one room by persons of different genders (except for spouses) shall not be allowed when a dwelling place is provided from state housing stock or leased by a local executive body in private housing stock.
3. Persons with disabilities, as well as families having or raising children with disabilities, elderly, people with severe forms of certain chronic diseases entered on the list of diseases approved by the central executive healthcare body, housing from the state housing stock or housing rented by the local executive body in the private housing stock shall be provided, taking into account their wish, on lower floors, in apartment buildings with lifts, and persons with disabilities who have a musculoskeletal disorder - no higher than the second floor.
4. Excluded by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Footnote. Article 76 as amended by Laws of the Republic of Kazakhstan dated 09.07.2004 № 587; 07.07.2006 № 182 (for method of enforcement see Article 2); and 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication); dated 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.12.2015 № 433-V (shall be enforced from 01.01.2016); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication); dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication); dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).
Article 77. Decision of state institutions or state enterprises on the provision of housing from the state housing stock
1. Housing from the housing stock of a state institution shall be provided on the basis of the decision of the housing commission of the state institution on the provision of housing and the concluded housing lease agreement, which shall be drawn up in three copies. The first copy of the housing lease agreement is kept in the state institution, the second copy is transferred to the local executive body, which is kept as a document of strict accountability, the third copy is issued to the employee and is a document granting the right to move in to the housing.
2. Housing from the housing stock of a state enterprise shall be provided by the decision of the housing commission of the state enterprise on the provision of housing and the concluded housing lease agreement, which is drawn up in three copies. The first copy of the housing lease agreement is kept at the state enterprise, the second copy is transferred to the local executive body, which is kept as a document of strict accountability, the third copy is issued to the employee and is a document granting the right to move into the housing.
3. The state bodies specified in paragraph 4 of Article 67 of this Law shall direct to the state institution providing housing the lists of persons of state bodies in need of housing, approved by the housing commission. The decision of the housing commission of the state institution shall be made on the basis of the lists of persons in need of housing submitted by the state body.
4. Service accommodation from the housing stock of state institutions of the Armed Forces of the Republic of Kazakhstan, other troops and military formations, as well as law enforcement agencies, special public authorities and civil defence agencies shall be provided based on a decision by the housing commission of the Armed Forces of the Republic of Kazakhstan, other troops and military formations, as well as law enforcement agencies, special public authorities, civil protection agencies, or automatically through an information system, if available.
The procedure for the activities of housing commissions and the operation of the information system of the Armed Forces of the Republic of Kazakhstan, other troops and military formations, as well as law enforcement agencies, special public authorities, and civil defence agencies shall be established by the head of the authorised public authority.
Footnote. Article 77 as amended by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective six months after the date of its first official publication); as amended by Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall enter into effect on 01.07.2025).Article 78. Openness and transparency of the provision of state support measures aimed at improving housing conditions
1. Lists of citizens of the Republic of Kazakhstan, kandas, registered as needing housing in the unified republican electronic database, the electronic database “Center for housing provision”, shall be posted monthly on the Internet resource of the housing construction savings bank, which has the status of a national development institute.
Lists of citizens of the Republic of Kazakhstan, kandas, who have received state support measures aimed at improving housing conditions over the past twenty-four months, shall be provided for review at the request of citizens of the Republic of Kazakhstan, kandas, registered as needing housing in the unified republican electronic database, the electronic database “Center for housing provision”, and are posted on the Internet resource of the housing construction savings bank, which has the status of a national development institute.
2. The forms of lists of citizens of the Republic of Kazakhstan, kandas who have received state support measures aimed at improving their housing conditions, shall contain:
the date of registration of those in need of housing in the unified republican electronic database, the electronic database “Center for housing provision”;
the grounds for receiving the state support measure aimed at improving housing conditions, including its type and date of provision.
3. The housing construction savings bank, which has the status of the national development institute, shall be obliged to provide access to local executive bodies of cities of republican status, the capital, districts, cities of regional significance and the authorized body to the single republican electronic database, the electronic database “Center for housing provision” for the implementation of the functions provided for by this Law, in accordance with the rules for the implementation of state support measures aimed at improving housing conditions.
Footnote. Article 78 as amended by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective six months after the date of its first official publication).Article 79. Provision of released part of dwelling place from state housing stock or leased by local executive body in private housing stock
Footnote. Article 79 is excluded by Law of the Republic of Kazakhstan dated 27.06.2011 № 444-IV (enforced upon expiry of ten calendar days after first official publication).
Chapter 11. Rights and obligations of tenants (sub-tenants) of dwelling places from state housing stock or leased by a local executive body in private housing stock
Footnote. The title is in the wording of Law of the Republic of Kazakhstan dated 7 July 2006 № 182 (for method of enforcement see Article 2).
Article 80. Lease (sub-lease) agreement for dwelling place from state housing stock or leased by local executive body in private housing stock
1. Lease (sublease) agreements for dwelling places from state housing stock or leased by a local executive body in private housing stock shall be concluded between a local executive body or the administrative authority of a state enterprise or state institution (lender) and a citizen (tenant) in writing on the basis of a decision to provide a dwelling place. Such agreements shall not be subject to state registration.
1-1. Sublease agreements for dwelling places leased by a local executive body in private housing stock shall be concluded between local executive body and citizen in writing on the basis of a decision to provide a dwelling place.
2. Excluded by the Law of the Republic of Kazakhstan dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication).3. The regulations of Kazakh civil legislation shall also be applied, in relevant cases, to relations arising from the lease (sublease) agreement for provision of dwelling place from state housing stock or leased by a local executive body in private housing stock.
Footnote. Article 80 as amended by Laws of the Republic of Kazakhstan dated 07.07.2006 № 182 (for method of enforcement see Article 2); and 27.06.2011 № 444-IV (enforced upon expiry of ten calendar days after first official publication); dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication).Article 81. Subject of lease (sublease) agreement for dwelling place from state housing stock or leased by a local executive body in private housing stock
1. The subject of a lease (sublease) agreement for a dwelling place in state housing stock or leased by a local executive body in private housing stock shall be the separate dwelling place.
2. A dwelling room with exit (entrance) to other living room or part of room, and utility rooms in a flat may not be the standalone subject of a lease (sublease) agreement for dwelling place from state housing stock or leased by a local executive body in private housing stock.
Footnote. Article 81 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 № 182 (for method of enforcement, see Article 2).Article 82. Recognition of lease (sublease) agreement for dwelling place from state housing stock or leased by a local executive body in private housing stock as invalid
1. A lease (sublease) agreement for a dwelling place from state housing stock or leased by a local executive body in private housing stock may be deemed invalid in the following cases:
1) provision of incorrect information by citizens on need for provision of such dwelling place;
2) violation of rights of other citizens or organizations to the dwelling place, specified in the agreement;
3) illegal actions of civil servants when answering the question on provision of dwelling place;
4) violation of priority of provision of dwelling place;
5) cases of violation of the order and conditions of provision of dwelling place, established by Kazakh legislation.
2. Application for recognition of the agreement as invalid may be filed within three years from the date of conclusion of the agreement.
Footnote. Article 82 as amended by Laws of the Republic of Kazakhstan dated 07.07.2006 № 182 (for method of enforcement see Article 2); and 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication).Article 83. Rights and obligations of family members of tenant (subtenant)
1. The circle of the tenant’s (subtenant’s) family members shall be determined in accordance with Article 21 of this Law.
2. Family members of a tenant (subtenant) shall enjoy equal rights with a tenant (subtenant) and incur obligations arising from the lease (sublease) agreement for the dwelling place from state housing stock or leased by a local executive body in private housing stock. The adult family members and the tenant (subtenant) shall be jointly and severally responsible for obligations arising from the said agreement.
3. If citizens mentioned in Article 21 of this Law cease to be family members of the tenant (subtenant) but continue to live in the dwelling place occupied by them, they shall reserve the housing rights and obligations of a tenant (subtenant) and his/her family members.
Footnote. Article 83 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 № 182 (for method of enforcement, see Article 2).Article 84. Rights of tenant (subtenant) to settlement of his/her family members in the dwelling place occupied by them from state housing stock or from local executive body in private housing stock
1. The tenant (subtenant) shall have the right to settle a spouse, children and parents in the occupied dwelling place from state housing stock or leased by a local executive body in private housing stock with the written consent of the adult members of his/her family living together with him/he).
The consent of other family members to settlement of parents’ children with them shall not be required.
2. Persons, settled in a dwelling place from state housing stock or leased by a local executive body in private housing stock as family members shall accrue the right to use this housing unit on equal terms with other persons living there in accordance with this Article, unless other written agreements are concluded between these citizens, the tenant (subtenant) and adult family members living with him/her upon settlement.
3. (Excluded – dated 7 July 2006 № 182 (for method of enforcement see Article 2).Footnote. Article 84 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 № 182 (for method of enforcement, see Article 2).
Article 85. Terms of reservation of dwelling place from state housing stock or leased by local executive body in private housing stock in temporary absence of citizens
1. In the temporary absence of a tenant (subtenant) or his/her family members, the dwelling place from the state housing stock or leased by a local executive body in private housing stock for six months.
2. If a tenant (subtenant) or his/her family members are legitimately absent for more than six months, this term shall be extended accordingly following application from an absentee.
3. Conditions and cases of reservation of dwelling place from state housing stock or leased by a local executive body in private housing stock owing to in temporary absence of citizens for a longer term shall be established by Article 86 of this Law.
Footnote. Article 85 as amended by Law of the Republic of Kazakhstan dated 7 July, 2006 № 182 ( for method of enforcement, see Article 2).Article 86. Case of reservation of dwelling place from state housing stock or leased by local executive body in private housing stock owing to citizens
1. Dwelling places from state housing stock or leased by a local executive body in private housing stock shall be reserved for citizens in the following cases:
1) fulfilment of active military duty in the Kazakh Armed Forces or in military action involving the Republic of Kazakhstan beyond its borders, within the term of military service;
2) movement of work according to employment agreement or in connection with selection for elective post, within work time;
3) moving abroad for reasons provided for by Kazakh legislative acts, within the period of staying abroad;
4) moving away for study, within the time of study;
5) placement of children for raising in a child welfare institution, within the whole time of their stay in this institution with relatives or trustees (guardians) – until the children come of age;
6) departure in connection with fulfilment of obligations of trustee (guardian), for the whole term before termination of these obligations;
7) moving away for medical treatment – within the time spent under treatment;
7-1) temporary residence in the state medical and social institution (organization) - for the period of residence;
8) custodial sentence, criminal sanction or other punishment of criminal and law impact to a person excluding the possibility of residence in the locality, within the time spent in detention or service of sentence or other punishment of criminal and law impact. Loss of right to dwelling place from state housing stock in this case may be ordered by court verdict.
1-1. Reservation of dwelling places of orphans and children without custody of parents shall be guaranteed in accordance with the Law of the Republic of Kazakhstan “Concerning the rights of a child in the Republic of Kazakhstan”.
2. The right of use of dwelling place from state housing stock or leased by a local executive body in private housing stock shall be reserved for absentees within six months of the date of expiration of the terms, mentioned in this Article.
Footnote. Article 86 as amended by Laws of the Republic of Kazakhstan dated 07.07.2006 № 182 (for method of enforcement see Article 2); 15.05.2007 № 253; 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication); and 04.07.2013 № 126-V (enforced upon expiry of ten calendar days after first official publication); dated 03.12.2015 № 433-V (shall be enforced from 01.01.2016); dated 18.04.2017 № 58-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 87. Procedure for recognising that a person has forfeited right of use of dwelling place from state housing stock or leased by local executive body in private housing stock
A shall be considered to have forfeited the right of use of a dwelling place from state housing stock or leased by a local executive body in private housing stock due to absence, in addition to the terms established Articles 85 and 86, following a suit from a lender or tenant (subtenant) remaining in the premises or his/her family members (former family members).
Footnote. Article 87 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 № 182 ( for method of enforcement, see Article 2).Article 88. Right of use of dwelling place from state housing stock or leased by local executive body in private housing stock in case of temporal absence of tenant (subtenant)
Family members, living in dwelling places from state housing stock or leased by a local executive body in private housing stock, from which the tenant (subtenant) is temporarily absent may use all of the dwelling place on the old terms. They shall thus enjoy rights and incur obligations under the lease agreement for this dwelling place.
The floor area of dwelling places from state housing stock or leased by a local executive body in private housing stock, for which the right of use is reserved for temporarily absent citizens, shall not be considered excessive.
Footnote. Article 88 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 № 182 (for method of enforcement, see Article 2).Article 89. Obligations of temporarily absent tenant (subtenant)
Temporary absence of a tenant shall not release him/her from fulfilling the obligations under lease agreements for dwelling places from state housing stock, with the exception of cases provided for by Article 90 of this Law.
Temporary absence of a subtenant shall not release him/her from fulfilling the obligations under the sublease agreement for a dwelling place leased by a local executive body in private housing stock.
Footnote. Article 89 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 № 182 ( for method of enforcement, see Article 2).Article 90. Use of housing from the state housing stock or housing rented by a local executive body in the private housing stock, belonging to a temporarily absent tenant
Footnote. The title of Article 90 as amended by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication).
1. If family members of a temporarily absent tenant, who reserved the housing in accordance with Article 86 of this Law do not live in a dwelling from the state housing stock or a dwelling rented by a local executive body in the private housing stock, the tenant has the right to settle temporary residents in the dwelling under a sublease (temporary occupancy) agreement for the term of reserving the housing with the written consent of the landlord.
If the tenant has not occupied the housing from the state housing stock or the housing leased by the local executive body in the private housing stock reserved for him, the landlord at his own discretion within three months with the consent of the tenant, has the right to provide this housing under a sublease agreement to other citizens within the term for which the tenant retains the housing from the state housing stock or the housing leased by the local executive body in the private housing stock.
The term of sublease (temporary occupancy) may be shortened in the event of early return of the tenant or members of his family.
2. Upon return of a tenant or his/her family members, they shall have the right to claim immediate eviction of subtenants or temporary residents from the dwelling place provided to him/her by a lender.
In the event of refusal to vacate the housing, subtenants (temporary residents) shall be subject to eviction at the request of the tenant or members of his family without being provided with other housing from the state housing stock or housing rented by the local executive body in the private housing stock.
Footnote. Article 90 as amended by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication).Article 91. Provision of dwelling place to citizens from state housing stock in connection with capital repair of residential house
1. When conducting capital repair of a multi-apartment residential building from the state housing fund, when repairs cannot be made without evicting the residents (tenant), the lender shall be obliged to provide the tenant and his/her family members with another dwelling for the time of capital repairs, without terminating the lease contract for repaired premise.
2. By agreement of the parties, instead of resettlement, the lease contract may be terminated, and the tenant may be provided with another dwelling that meets the requirements provided for in Articles 75 and 76, paragraphs 2, 3, 4 of Article 106 of this Law, under a new lease contract for permanent use.
3. Expenses, incurred by tenants upon resettlement in connection with capital repairs shall be compensated by the lender.
Tenants shall pay only for use of the dwelling place provided for the period of capital repair and for public services provided in this dwelling place.
4. When the dwelling place from state housing stock to be occupied by a tenant and his/her family members following capital repairs cannot be reserved for him/her, the tenant shall be provided with another dwelling place before the capital repairs commence.
At the request of a tenant or lender, another dwelling place shall be also provided in cases when following capital repairs the premises are essentially increased and excess floor areas are created in the tenants’ premises.
If dwelling space is reduced following capital repairs, the tenant may, at his/her request, be provided with another dwelling place from state housing stock that fulfils the requirements of Articles 75 and 76 and paragraphs 2, 3, 4 of Article 106 of this Law.
Footnote. Article 91 as amended by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Article 92. Alteration of lease (sublease) agreement for dwelling place from state housing stock or leased by local executive body in private housing stock
Lease agreements for dwelling places from state housing stock or leased by a local executive body in private housing stock may be altered only with the agreement of the tenant, his/her adult family members and the lender, with the exception of cases provided for by this Law.
Sublease agreements for dwelling places leased by a local executive body in private housing stock may be altered only with the agreement of the subtenant, his/her adult family members and a local executive body, with the exception of cases provided for by this Law.
Footnote. Article 92 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 № 182 (for method of enforcement, see Article 2).Article 93. Alteration of agreement at request of tenants (subtenants) united in one family
Footnote. Title of Article 93 is in the wording of Law of the Republic of Kazakhstan dated 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Citizens living in one dwelling from the state housing fund or in a dwelling rented by a local executive body in a private housing fund, and using the dwelling under separate lease (sublease) contracts, in case of their uniting into one family, shall have the right to demand from the lender to conclude with someone of them one lease (sublease) contract for all the dwelling occupied by them.
Footnote. Article 93 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 № 182 (for method of enforcement, see Article 2); dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Article 94. Determining the procedure for using of dwelling places from state housing stock or leased by a local executive body in private stock fund upon termination of conjugal relations between family members of tenant (subtenant)
Persons terminating conjugal relations but continuing to live in one dwelling place from state housing stock or leased by a local executive body in private housing stock under a single dwelling-place lease agreement may determine the procedure for using the dwelling place without conclusion of standalone lease (sublease) agreements.
If agreement is not reached, the dispute shall be resolved by court in recognition of residence conditions prevailing prior to advent of the dispute.
Footnote. Article 94 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 № 182 (for method of enforcement, see Article 2).Article 95. Change of the lease (sublease) agreement due to recognition by the tenant (subtenant) of another family member
An adult family member of the tenant (subtenant) indicated in the lease (sublease) agreement, with the consent of the tenant (subtenant) and other adult family members, may claim his recognition by landlord as the tenant (subtenant) under the previously concluded lease (sublease) agreement instead of the primary tenant (subtenant). Any adult family member of the tenant (subtenant) indicated in the lease (sublease) agreement shall have the same right in the event of death, declaration of death by an enforced court ruling, recognition as missing by an enforced court ruling, or life imprisonment of the tenant (subtenant) in accordance with an enforced guilty verdict of the court.
Replacement of a tenant (subtenant) shall entail re-execution of the lease (sublease) agreement for housing from the state housing stock or housing rented by a local executive body in the private housing stock.
Footnote. Article 95 as amended by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication).Article 96. Exchange of dwelling places from state housing stock
The procedure for the exchange of dwellings from the state housing stock is determined by the legal regimes of dwellings established by Articles 98, 101 and 110 of this Law.
For registration of exchange, a tenant of a dwelling place from state housing stock shall receive the consent of adult family members residing with him/(her, including those temporarily absent.
Footnote. Article 96 as amended by Law of the Republic of Kazakhstan dated 26.07.2011 № 444-IV (enforced upon expiry of ten calendar days after first official publication); dated 12.12.2017 № 114-VI (shall be enforced from 01.01.2018); dated 15.04.2022 № 114-VII (shall be enforced ten calendar days after the date of its first official publication).Chapter 12. Pay for use of dwelling places from state housing stock and leased by local executive body in private housing stock and for maintenance of residential house/building, public utilities and communication services in increase of line rental for telephone connected to telecommunications network
Footnote. The title of chapter 12 as amended by Laws of the Republic of Kazakhstan dated 05.07.2004 № 568; 07.07.2006 № 182 (for method of enforcement see Article 2); 08.06.2009 № 163-IV; and 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication).
Article 97. Payment for the use of dwelling from the state housing fund and dwelling rented by a local executive body in the private housing fund, and provision of housing assistance to low-income families (citizens)
1. The amount of payment for the use of dwelling from the state housing fund shall be established by a local executive body of a district, a city of regional significance, a city of republican significance, the capital city (from the municipal housing fund), the administration of a state institution (from the housing stock of a state institution) or the administration of a state enterprise (from a housing fund of a state enterprise) in accordance with the methodology for calculating the amount of payment for the use of dwelling from the state housing fund and dwelling rented in the private housing fund, approved by the authorized body.
2. The amount of payment for the use of dwelling rented by a local executive body in the private housing fund shall be established by a local executive body in accordance with the methodology for calculating the amount of payment for the use of dwelling from the state housing fund and dwelling rented in the private housing fund, approved by the authorized body.
3. A local executive body shall have the right, at the expense of the budget, to pay for the use of dwelling in the private housing fund or rental houses for certain categories of citizens.
The costs of payment for the use of dwelling in the private housing fund and rental houses for categories of citizens, determined by a local representative body, shall be imposed on the local budget.
4. The state shall take measures on provision housing assistance to low-income families (citizens) permanently registered and living in a dwelling that is owned as the only dwelling place on the territory of the Republic of Kazakhstan, as well as to tenants (subtenants) of dwellings from the state housing fund and dwellings rented by a local executive body in the private housing fund, for payment of:
of current and cumulative contributions;
consumption of communal services and communication services in terms of increasing the subscription fee for the telephone connected to the telecommunications network;
expenses for the use of dwelling from the state housing fund and dwelling rented by a local executive body in the private housing fund.
5. The size and procedure for providing housing assistance shall be determined by local representative bodies of cities of republican significance, the capital city, districts, cities of regional significance on the basis of the rules for providing housing assistance.
6. Payment for communal services in dwellings of all forms of ownership shall be charged at tariffs, approved in the manner determined by the Government of the Republic of Kazakhstan.
7. The procedure for distributing the expenses for payment the dwelling and communal services bills between several tenants (subtenants) or owners living in the dwelling shall be determined by an agreement of the parties, and if an agreement is not reached - in the court.
8. Benefits for payment of expenses, provided for by paragraph 4 of this Article shall be established by the legislative acts of the Republic of Kazakhstan.
Footnote. Article 97 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Chapter 13. Special aspects of provision and use of dwelling places from state housing stock
Article 98. Legal regime of dwelling places provided from public housing stock, for use by vulnerable groups
Footnote. The title of Article 98 as amended by Law of the Republic of Kazakhstan dated 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication).
1. Housing from the communal housing stock provided to socially vulnerable population groups may be privatized by the tenant at residual value under the terms stipulated by this Law and in the manner determined by the Government of the Republic of Kazakhstan.
2. Dwelling places provided to citizens, mentioned in this Article with the agreement of local executive body may be exchanged for other dwelling places also provided to vulnerable groups.
In this case, the exchange shall not lead to deliberate deterioration of housing conditions of a citizen to bring him/her into a state of need of improved housing conditions under Article 69 of this Law.
3. In cases established by this Law, dwelling places from public housing stock shall be transferred to ownership of a tenant without compensation.
4. When building up the communal housing stock through the construction of new multi-storey residential buildings for citizens entitled to receive apartments from the communal housing stock, local executive bodies shall build only energy-efficient multi-apartment residential buildings at the local budget expense.
Footnote. Article 98 as amended by Laws dated 07.06.1999 № 391; and 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication); dated 06.05.2019 № 251-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication).Article 98-1. Legal regime of dwelling place acquired by a local executive body
Footnote. Article 98-1 excluded by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).
Article 98-2. Legal regime of municipal housing stock dwellings
1. A citizen of the Republic of Kazakhstan living in a dwelling of the state housing stock, put into operation before 1990, owned by a state enterprise that changed the form of ownership, has the right to privatize the dwelling occupied by him in accordance with the procedure established by this Law.
2. The dwelling referred to in paragraph 1 of this article, transferred to communal ownership, shall be provided to the tenant living in it, who has the right to privatize it at the residual value in the order determined by the Government of the Republic of Kazakhstan.
3. In the event of the tenant’s death, the family members of the deceased shall take over the right to privatize this dwelling.
4. A municipal housing stock dwelling shall be privatized by its tenant with the consent of adult family members and with regard to the rights of the minors.
5. The privatization of a dwelling shall be formalized by an agreement on the privatization of a dwelling, concluded between the tenant (his heir) and the local executive body.
Footnote. Chapter 13 is supplemented by Article 98-2 pursuant to the Law of the Republic of Kazakhstan dated 15.04.2022 № 114-VII (shall be enforced ten calendar days after the date of its first official publication);Article 99. Legal regime of corporate housing provided to military servants from housing stock of state armed forces institutions, other forces and military units
Footnote. Article 99 is excluded by the Law of the Republic of Kazakhstan dated 12.12.2017 № 114-VI (shall be enforced from 01.01.2018).
Article 100. Legal regime of dwelling places provided from housing stock of state enterprises
Footnote. Article 100 is excluded by Law of the Republic of Kazakhstan dated 27.06.2011 № 444-IV (enforced upon expiry of ten calendar days after first official publication).
Article 101. Legal regime of dwelling places equated to corporate housing
1. The rules of Articles 93 and 95 of this Law shall not apply to relations in use of dwelling places, equated to corporate housings.
2. The procedure for provision of housing equated to official ones and their use shall be approved by the authorized body.
3. Public employees, workers of state-financed organizations and state enterprises, astronaut candidates, astronauts, and persons holding state elective posts may privatize the dwelling places occupied by them and equated to corporate housings at depreciated cost, if they have worked in public service, state enterprises or state-financed organizations (including term of stay in state elective post) for not less than ten years (in aggregate), and regardless of work period, if labour relations are terminated on the following grounds:
1) liquidation of organization, reduction of staff number;
2) disease preventing continuation of work;
3) retirement from service.
Astronaut candidates and candidates with over fifteen years’ work experience in the field of space activities may privatize dwelling places without compensation.
In case of death of a worker to whom the dwelling place equated to corporate housing was provided, the right of privatization shall transferred to the family members of the person who died (was killed) regardless of that person’s time spent working.
4. Due to health reasons or staff reductions, upon reaching the maximum age for service, employees of law enforcement agencies, special state agencies, civil defence agencies or military personnel with ten or more years of service in calendar terms, as well as persons dismissed from service in law enforcement agencies, special public authorities, civil defence agencies or military service shall be entitled to privatise their dwellings, which are equivalent to service accommodation, at their residual value.
Employees of law enforcement agencies, special state agencies, civil defence agencies or military personnel, as well as persons dismissed from service in law enforcement agencies, special state agencies, civil defence agencies or military service upon reaching the maximum age for service, due to health reasons or staff reductions, who have served for twenty or more calendar years, shall be entitled to privatise their dwellings, which are equivalent to service dwellings, free of charge.
In the event of the death of a person dismissed from service in law enforcement, special public authorities, civil defence bodies or military service, as specified in parts one and two of this paragraph, who was provided with housing equivalent to service housing, the right to privatisation shall pass to the family members of the deceased (died) one.
4-1. In the event of the death of an employee of a law enforcement agency, special state agency, civil defence agency or military personnel while on duty, the family members of the deceased (died) one shall be entitled to receive housing equivalent to service housing and its free privatisation under the procedure established hereunder.
5. Dwelling places from state-enterprise housing stock may be exchanged for other dwelling place from state-enterprise housing stock with the written agreement of the owner or state body, authorized by the owner.
6. If there are grounds established by paragraphs 3, 4 or 4-1 of this Article, the housing commission shall decide on the privatisation of the dwelling.
7. Eviction of persons mentioned in this Article shall be allowed on the grounds, provided by chapter 14 of this Law.
8. The procedure for privatization of dwelling places equated to corporate shall be determined by the Government of the Republic of Kazakhstan.
Footnote. Article 101 is in the wording of Law of the Republic of Kazakhstan dated 27.06.2011 № 444-IV (enforced upon expiry of ten calendar days after first official publication); as amended by Laws of the Republic of Kazakhstan dated 06.01.2012 № 529-IV (enforced upon expiry of twenty-one calendar days after first official publication); 13.02.2012 № 553-IV (enforced from 01.01.2013); and 16.02.2012 № 562-IV (enforced upon expiry of ten calendar days from date of first official publication); dated 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2017 № 69-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.11.2020 № 375-VI (effective ten calendar days after the date of its first official publication); dated 15.04.2022 № 114-VII (shall be enforced ten calendar days after the date of its first official publication); dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication); № 196-VIII of 24.06.2025 (shall be enacted on 30.06.2025); № 203-VIII of 30.06.2025 (shall take effect on 01.07.2025).Chapter 13-1. Features of housing provision for employees of law enforcement agencies, special public authorities, civil defence bodies (excluding cadets and/or students) and military servicemen (with the exception of military servicemen serving fixed-term military service, military personnel serving in the reserve, military students and cadets, persons liable for military service who have been called up for military training)
Footnote. The title of Chapter 13-1 as amended by the Law of the Republic of Kazakhstan dated 30.06.2025 № 203-VIII (effective from 01.07.2025).
Footnote. Section 4 supplemented by chapter 13-1 in accordance with Law of the Republic of Kazakhstan dated 13.02.2012 № 553-IV (enforced from 01.01.2013); is in the wording of Law of the Republic of Kazakhstan dated 12.12.2017 № 114-VI (shall be enforced from 01.01.2018).
Article 101-1. Exercise of the right to housing by employees of law enforcement agencies, special state agencies, civil defence agencies (excluding military students and/or trainees) and military servicemen (with the exception of military personnel serving fixed-term military service, military personnel serving in the reserves, military students and cadets, persons liable for military service who have been called up for military training)
1. Housing provision for employees of law enforcement agencies, special state bodies, civil defence agencies (with the exception of cadets and/or students) and military personnel (with the exception of military personnel serving fixed-term military service, military personnel serving in the reserves, cadets and cadets persons liable for military service who have been called up for military training) shall be provided from the date on which they are recognised as being in need of housing as per the procedure established in this chapter.
Housing for law enforcement and civil defence officers specified in the first part of this paragraph shall be provided in the form of official accommodation, while officers of special state agencies, military personnel, as well as law enforcement and civil protection officers in positions eligible for housing allowances, shall be provided with official accommodation at their discretion or have housing allowances transferred to their personal special accounts, unless otherwise envisaged in parts three and four of this paragraph.
In the cases mentioned in paragraphs 7 and 9 of this Article, housing shall be granted by providing official accommodation and transferring current housing payments.
In cases where an employee of a law enforcement agency, special state agency, civil defence agency, or military personnel, or his or her spouse, has received a one-time housing payment or monetary compensation, exercised the right to privatise housing, or fulfilled an obligation under a contract to acquire housing by using housing payments, and also in the event that they acquire ownership rights to housing via the use of housing payments, housing shall be granted by providing official housing, upon condition they are recognised as being in need of housing, and in the absence of official accommodation, current housing payments amounting to fifty per cent of the current housing payments established in line with part three of paragraph 1 of Article 101-4 of this Law shall be transferred to a personal special account, which shall be used only to pay for rental accommodation until official accommodation is provided.
Should an employee of a law enforcement agency, special state agency, civil defence agency or military personnel specified in part four of this paragraph refuse to accept the official accommodation provided at their place of employment, current housing payments shall not be assigned, exlcuding persons registered as needing housing.
2. The rules for providing housing to employees of law enforcement agencies, special state agencies, civil defence agencies and military personnel are approved by the Government of the Republic of Kazakhstan.
The list of positions in law enforcement and civil protection agencies eligible for housing benefits shall be approved by the Government of the Republic of Kazakhstan.
The rules for making housing payments to employees and military personnel of the active reserve, as well as to full-time covert employees, shall be approved by the heads of special state agencies, law enforcement agencies (excluding the prosecutor's office and civil defence agencies) and the Minister of Defence of the Republic of Kazakhstan.
3. Employees of law enforcement agencies, special state agencies, civil defence agencies and military personnel shall be entitled to privatise their service accommodation under the procedure established hereunder.
4. An employee of a law enforcement agency, special state agency, civil defence agency, or military personnel who is dismissed from service due to injury (wound, trauma, concussion) or illness sustained during service, and who have been recognised by a military medical commission as unfit for service (military service) and removed from the register (military register), shall be paid a one-off housing allowance.
The amount of one-time housing payments shall be established by multiplying the area of the dwelling at the rate of eighteen square metres per family member at the time of dismissal, including the recipient of the housing payments, by the price per square metre of a new dwelling in the relevant region of the Republic of Kazakhstan, in which the employee of a law enforcement agency, special state agency, civil defence agency, or military personnel served, pursuant to data from the authorised agency in the field of state statistics for January of the current year, published on its website, minus any previous current housing payments.
The one-off housing payments envisaged in this paragraph shall not be paid in cases where:
1) under the procedure established by the legislation of the Republic of Kazakhstan, it has been proven that the injury (wound, trauma, concussion) or illness occurred while a law enforcement officer, special state agency officer, civil defence officer or military personnel was committing unlawful acts or as a result of the use of psychoactive substances (their analogues) and intoxication or causing bodily harm (self-mutilation) or other harm to their health;
2) an employee of a law enforcement agency, special state agency, civil defence agency, or military personnel, or his or her spouse, exercised the right to privatise housing, excluding the privatisation of housing through a voucher mechanism;
3) the obligation under the contract concluded with an employee of a law enforcement agency, special state agency, civil defence agency, or military personnel, or his or her spouse, to purchase residential property using housing payments has been fulfilled;
4) an employee of a law enforcement agency, special state agency, civil defence agency, or military personnel, or his or her spouse, owns property in the given settlement, apart from cases where the obligation under the contract to purchase property using housing payments has not been fulfilled, as well as receiving housing by inheritance;
5) an employee of a law enforcement agency, special state agency, civil defence agency, or military personnel, or his or her spouse, received a one-time housing payment or monetary compensation.
5. Recipients of housing benefits shall receive the one-off housing payments envisaged in paragraph 4 of this Article without considering their spouse or children if their right to housing has been exercised before they entered into marriage.
The one-off housing payments stated in paragraph 4 of this Article shall be made if an employee of a law enforcement agency, special state agency, civil defence agency or military personnel is a recipient of housing payments.
The exclusion of a recipient of housing payments from personnel lists or dismissal from law enforcement or civil defence agencies shall not prevent the assignment and implementation of unpaid lump-sum housing payments as per the submitted report.
A national of the Republic of Kazakhstan who has been removed from the personnel lists or dismissed from law enforcement agencies or civil defence agencies shall be entitled to apply to the state institution in which he or she served for the appointment of one-off housing payments mentioned in paragraph 4 of this Article within three months from the date of removal or dismissal.
In the event of an application after the specified deadline, the state institution shall issue a decision refusing to grant one-off housing payments.
6. In cases where the amount of one-time housing payments stated in paragraph 4 of this Article exceeds the amount of the principal debt under the contract for the purchase of housing using housing payments, such payments shall be made in an amount not exceeding the amount of the principal debt, with due regard for the remuneration on the date of dismissal (removal from the personnel lists).
7. Employees of law enforcement agencies, special state agencies, civil defence agencies and military personnel who are provided with service accommodation that is not subject to privatisation shall receive current housing payments amounting to fifty per cent of the amount established as per part three of paragraph 1 of Article 101-4 hereof.
The current housing payments mentoned in part one of this paragraph shall not be paid in cases where an employee of a law enforcement agency, special state agency, civil defence agency, or military personnel, or his or her spouse:
1) has received one-off housing payments or monetary compensation;
2) has fulfilled their obligations under a contract to purchase housing by using housing payments;
3) has exercised the right to privatise housing, with the exception of privatisation through the voucher mechanism.
8. The list of closed and isolated military towns, other closed facilities, the maintenance of service housing and centralised heating in which are provided at the expense of budgetary funds, and in which service housing is not subject to privatisation, shall be approved by the heads of public authorities (if such service housing exists).
9. Law enforcement officers, special state agency officers, civil defence agency officers and/or military personnel sent to serve outside the Republic of Kazakhstan shall retain their official accommodation and/or housing allowances shall not be suspended for the entire period of their stay outside the Republic of Kazakhstan, apart form cases stated in paragraph 5 of Article 101-4 hereof.
10. The right to acquire ownership of housing or the emergence of ownership rights to housing through the use of housing payments shall be exercised once.
Footnote. Article 101-1 as reworded by Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall enter into force on 01.07.2025).Article 101-2. Enforcement of the right to dwelling place by military servants
Footnote. Article 101-2 is excluded by Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall be brought into effect on 01.07.2025).
Article 101-3. Recognition of an employee of a law enforcement agency, special state agency, civil defence agency (excluding cadets and/or students) and military personnel (with the exclusion of military servicemen serving in the armed forces, military servicemen serving in the reserves, military students and cadets persons liable for military service who have been called up for military training) as persons in need of housing
1. Employees of law enforcement agencies, special state agencies, civil defence agencies and military personnel are recognised as being in need of housing in cases where they:
1) do not own property in this settlement. However, ownership of less than fifty per cent of a property shall not be considered.
The requirement of part one of this sub-paragraph shall not apply to employees of law enforcement agencies, special state agencies, civil defence agencies and military personnel who have outstanding obligations under a contract for the purchase of residential property using housing payments;
2) do not have permanent use of housing obtained from the state housing fund on the territory of the Republic of Kazakhstan.
The provisions of this paragraph regarding recognition as persons in need of housing shall apply to family members of law enforcement officers, special state agency officers, civil defence agency officers and military personnel.
Should the spouse of an employee of a law enforcement agency, special state agency, civil defence agency, or military personnel has or had a dwelling that belonged to them by right of ownership in a given settlement prior to marriage, with a period of alienation within the last five years, the said employee or military personnel shall be recognised as needing housing without considering the spouse.
2. Should the spouses are employees of law enforcement agencies, special state agencies, civil defence agencies and/or military personnel, housing payments shall be made to one of the spouses at their discretion. Personal special and/or savings accounts of one of them shall be closed upon his/her request under the procedure stipulated by the Law of the Republic of Kazakhstan “On Payments and Payment Systems”.
The amount of housing payments held in the personal special and/or savings accounts of one spouse shall be transferred to the personal special and/or savings accounts of the other spouse – the recipient of housing payments – under the procedure established by the legislation of the Republic of Kazakhstan.
3. Law enforcement officers, special state agency officers, civil defence officers and military personnel shall be denied recognition as persons in need of housing if they or their spouses or family members reside in the given settlement:
1) received one-off housing payments or monetary compensation;
2) fulfilled their obligations under the contract for the purchase of housing, and also exercised their right to do so by using housing payments, including exercising the right envisaged in sub-paragraph 3) of paragraph 1 of Article 101-6 of this Law at their place of service;
3) exercised the right to privatise housing, with the exclusion of privatisation through the voucher mechanism;
4) have disposed of their home within the last five years, excluding where their spouse had a home prior to the marriage.
In the cases envisaged in sub-paragraphs 3) and 4) of part one of this paragraph, the alienation of a share of less than fifty per cent in a dwelling shall not be taken into account;
5) own their home, including those purchased with their own funds and/or using a mortgage loan, or those acquired under a marriage contract, gift agreement or inheritance.
Employees of law enforcement agencies, special state agencies, civil defence agencies and military personnel shall also be denied recognition as persons in need of housing if they own other housing in the Republic of Kazakhstan within the period of receiving current housing payments, with the exclusion of housing received by inheritance.
4. This article shall not apply to cadets, military students and/or trainees, conscripts, military personnel serving in the reserves, or persons liable for military service who have been called up for military training.
Footnote. Article 101-3 as reworded by Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall be put into force on 01.07.2025).Article 101-4. Assignment, suspension, resumption, recalculation and termination of current housing payments
1. Current housing payments shall be made by the state institution within one month from the date of their appointment.
Current housing payments shall be made by transferring them to the personal special account of the recipient of housing payments, opened in one of the second-tier banks of their choice, excluding housing payments made under the special procedure mentioned in part three of paragraph 2 of Article 101-1 hereof.
The amount of current housing payments shall be determined by multiplying the cost of renting one square metre of comfortable housing in the relevant region of the Republic of Kazakhstan, pursuant to data from the competent authority in the field of state statistics for January of the current year, published on its website, by the area of the dwelling.
The size of the dwelling shall be determined based on eighteen square metres of floor space per family member, including the recipient of the housing allowance.
The maximum living space shall be established by the rules for providing housing to employees of law enforcement agencies, special state agencies, civil defence agencies, and military personnel.
2. Current housing payments to the recipient of housing payments shall be suspended from the date of his or her relocation (transfer, enrolment) or secondment or dismissal from a position eligible for housing payments (apart from recipients of housing payments who are at the disposal of law enforcement agencies or civil defence agencies as per the Law of the Republic of Kazakhstan “On Law Enforcement Services”):
1) from one state institution to another, for service from one settlement to another;
2) for a position of cadet, student, or trainee;
3) for a position that is not eligible for current housing payments.
In cases where an employee of a law enforcement agency, special state agency, civil defence agency and/or military personnel is on maternity leave, due to the adoption of a newborn child (children), without retention of salary for childcare until the child reaches the age of three, including enrolment in the staff of the relevant state institution, the current housing payments shall not be suspended.
3. Current housing payments shall be resumed in the following cases:
1) specified in sub-paragraph 1) of part one of paragraph 2 of this Article, – from the date of suspension of current housing payments, provided that the person is recognised as needing housing by the state institution where the person arrived for further service;
2) stated in sub-paragraph 2) of part one of paragraph 2 of this Article, – from the date of graduation from a military or special educational institution or educational organisation of foreign states;
3) mentioned in sub-paragraph 3) of part one of paragraph 2 of this Article, – from the date of appointment to a position eligible for housing payments.
In the event of a report being lodged on the resumption of current housing payments after ninety calendar days from the date of issue of the order on appointment to a position or enrolment in the personnel list of a special state agency or military unit (institution), current housing payments shall be resumed from the date of registration of the report.
4. Current housing payments shall be recalculated in the event of:
1) a change in family composition, including when a child (children) reaches the age of majority, exlcuding a person with disabilities (persons with disabilities) since childhood;
2) transfer from one state institution to another, for service from one settlement to another;
3) return of official accommodation not subject to privatisation;
4) changes in the cost per square metre of rent for comfortable housing in the relevant region of the Republic of Kazakhstan, established as per the data from the competent authority in the field of state statistics for January of the current year, published on its website;
5) receipt of housing as a gift or inheritance by the child (children) of the recipient of housing payments in the territory of the Republic of Kazakhstan.
Under sub-paragraphs 1) and 2) of part one of this paragraph, current housing payments shall be recalculated from the date of the actual occurrence of the event, but no later than ninety calendar days. Should the specified deadline is missed, current housing payments shall be recalculated from the date of registration of the report submitted for the recalculation of the amount of current housing payments.
Under sub-paragraph 3) of part one of this paragraph, current housing payments shall be recalculated from the date of handover of the dwelling.
Under sub-paragraph 5) of part one of this paragraph, current housing payments shall be recalculated without considering the child (children) who received (received) housing as a gift or inheritance, from the date of state registration of rights to immovable property.
5. Current housing payments shall cease in the following cases:
1) removal from the lists of personnel of special state agencies and military personnel, dismissal from law enforcement agencies, civil defence agencies of recipients of housing benefits;
2) fulfilment of obligations under a contract for the purchase of residential property using housing payments;
3) refusal by the recipient of housing payments to receive the current housing payments allocated to them.
Herewith, the recipient of housing payments shall not be entitled to refuse current housing payments if they have not fulfilled their obligation under the contract to purchase housing using housing payments;
4) the recipient of housing payments or their spouse acquiring other property on the territory of the Republic of Kazakhstan, including using a mortgage loan, as well as under the terms of a marriage contract. In this case, the acquisition of property through inheritance shall not be accounted.
In the event envisaged in the first part of this sub-paragraph, the right of the recipient of housing payments to acquire ownership of housing by using housing payments shall be deemed to have been exercised;
5) the recipient of housing benefits or his or her spouse receiving housing from the state housing fund, apart from cases stated in paragraph 7 of Article 101-1 hereof.
Footnote. Article 101-4 as revised by Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall enter into force on 01.07.2025).Article 101-5. Purposes for which housing payments may be used
1. The recipient of housing payments shall use the funds available in their personal special account under relevant agreements registered as per the procedure established by the laws of the Republic of Kazakhstan for the purposes of:
1) acquisition of residential property, including using a mortgage loan, as well as its repayment;
2) replenishment of savings in the form of housing construction savings, which cannot be claimed other than for the purchase of property under the Law of the Republic of Kazakhstan “On Housing Construction Savings in the Republic of Kazakhstan”;
3) payment of rent for housing.
If there is an existing mortgage loan, current housing payments shall not be made for renting accommodation in this locality. Herewith, the recipient of housing benefits shall use the current housing benefits to pay for rent for up to eight years inclusive from the date of their appointment.
For recipients of housing benefits whose current housing benefits are assigned prior to July 1, 2025, the established deadline for paying rent shall be calculated from July 1,2025.
A housing lease agreement concluded between a landlord and a recipient of housing benefits shall be subject to state registration of rights to immovable property.
2. Recipients of housing benefits shall be prohibited to use housing benefits to purchase or pay rent for housing from close relatives, as well as close relatives of the spouse of the recipient of housing benefits.
Footnote. Article 101-5 as reworded by Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall enter into force on 01.07.2025).Article 101-6. Rights and obligations of recipients of housing benefits
1. The recipient of housing payments shall be entitled to:
1) annually request information from the state institution where they work about the money transferred to their personal special account;
2) accumulate unused housing payments in a personal special account;
3) use housing payments for their intended purpose in any region of the Republic of Kazakhstan, regardless of where they are serving.
2. The recipient of housing payments shall be obliged to:
1) use housing payments for the purposes specified in Article 101-5 hereof;
2) upon the use of housing payments for the purposes mentioned in sub-paragraphs 1) and 3) of part one of paragraph 1 of Article 101-5 hereof, no later than one month from the date of the event, notify the state institution in which he or she serves by means of a report, attaching the relevant supporting contracts;
3) in the event of a change in family composition, notify the state institution where he/she is employed by means of a report within one month of the date of issue of the certificate, reference regarding state registration of civil status acts, or entry into force of a court order;
4) when fulfilling obligations under a contract for the purchase of residential property, including with the use of a mortgage loan, as well as when acquiring ownership rights using housing payments, notify the state institution where he/she is employed within one month of the date of fulfilment of these obligations;
5) if there is an obligation under a contract to purchase housing by using housing payments at the place of service, excess housing payments held in his/her personal special and savings accounts, allocate funds annually for the early repayment of accepted obligations;
6) in the event that family members of the recipient of housing benefits acquire ownership rights to the dwelling, notify the state institution where he/she is employed of this fact within one month of the date of registration of ownership rights to the dwelling;
7) upon the request of the state institution where he/she serves, provide a statement of the movement of funds in his/her personal special and savings accounts to which current housing payments are transferred;
8) return the amount of housing payments used for purposes other than those specified in Article 101-5 hereof to the account of the state institution in which he/she serves.
Footnote. Article 101-5 as reworded by Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall be enacted on 01.07.2025).Article 101-7. Obligations of the recipient of housing benefits
Footnote. Article 101-7 is excluded by Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall take effect on 01.07.2025).
Article 101-8. Guarantees of immunity of housing payments
No seizure, foreclosure or suspension of expenditure operations shall be permitted on bank accounts opened as personal special accounts to which housing payments are credited, or on housing payments in savings accounts for the purposes stated in sub-paragraph 2) of part one of paragraph 1 of Article 101-5 hereof, on the obligations of the recipient of housing payments.
Housing payments, money in bank accounts in the housing construction savings banks in the form of housing construction savings accumulated due to use of housing payments shall not be withdrawn into the budget or be the subject of a pledge or other charge under commitments of owner or other persons, with the exception of agreements concerning security of personal housing needs of recipients of payments.
Footnote. Article 101-8 as amended by Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall take effect on 01.07.2025).Article 101-9. Rights of family members and heirs of law enforcement officers, special state agency officers, civil defence agency officers, and military personnel who have died (deceased), been declared missing, or been declared dead
1. In the event of the death (demise) of the recipient of housing payments, recognition of him/her as missing as per the procedure established by law, or declaration of death while on duty, his/her family members, and in their absence, his/her heirs, shall be entitled to use the housing payments held in a personal special account for the purposes envisaged in Article 101-5 hereof.
2. Family members of a recipient of housing benefits who died while on duty shall be eligible for one-off housing payments.
The amount of one-time housing payments shall be calculated by multiplying the area of the dwelling, calculated at eighteen square metres per family member, corresponding to the composition of the family at the time of his/her death, including himself/herself, by the price per square metre of a new dwelling in the relevant region of the Republic of Kazakhstan where the deceased (died) was serving, as per the data from the competent authority in the field of state statistics for January of the current year, published on its website, minus the amount of previously made current housing payments.
3. One-off housing payments shall not be paid if it is proven under the procedure established by the legislation of the Republic of Kazakhstan that the death of the recipient of housing payments occurred:
1) as a result of suicide, apart from cases of incitement to suicide;
2) when committing a criminal offence;
3) as a result of non-medical use of psychoactive substances (their analogues) and intoxication;
4) as a result of deliberately causing bodily harm (self-mutilation) or other harm to health in order to receive one-off housing payments or evade service;
5) as a result of actions by the recipient of housing payments who violated the terms of the service contract.
4. In the event of the death of an employee of a law enforcement agency, special state agency, civil defence agency and/or military serviceman who has not received the one-off housing payments mentioned in paragraph 4 of Article 101-1 or paragraph 1 of Article 101-12 hereof, the right to recieve such payments shall pass to his/her family members.
5. Family members of law enforcement officers, special state agency officers, civil defence officers and military personnel who have been deceased (died) while on duty cannot be evicted from their current residence without being provided with alternative accommodation free of charge.
Footnote. Article 101-9 - as revised by Law of the Republic of Kazakhstan № 203-VIII 30.06.2025 (shall enter into force on 01.07.2025).Article 101-10. Family members of law enforcement officers, special state agency officers, civil defence agency officers and military servicemen
Footnote. The title of Article 101-10 as reworded by Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall be brought into effect on 01.07.2025).
Family members of law enforcement officers, special state agency officers, civil defence officers and military personnel shall be:
1) a spouse;
2) a child (children), including of both parents or of one of the spouses, with the exception of a child (children) from the previous marriage (marriages) (matrimony), living separately by court ruling;
3) child of both parents or of one of the spouses with a disability (children with disabilities), including a person with a disability (persons with disabilities) from childhood, regardless of his (their) age, with the exception of a child with a disability (children with disabilities) from the previous marriage (marriages) (matrimony), living separately by court ruling.
A child (children) as a member (members) of the family of the recipient of housing benefits shall be counted once and only by one of the parents, at their discretion.
Article 101-10 as amended by the Law of the Republic of Kazakhstan dated 06.10.2020 № 365-VI (effective ten calendar days after the date of its first official publication); dated 01.04.2021 № 26-VII (effective from 01.01.2021); dated 15.04.2022 № 114-VII (shall be enforced ten calendar days after the date of its first official publication); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication); № 196-VIII of 24.06.2025 (shall enter into force on 30.06.2025); № 203-VIII of 30.06.2025 (shall come into effect on 01.07.2025).Article 101-11. Exercise of the housing right by servants of internal affairs bodies
Footnote. Chapter 13-1 shall be supplemented by Article 101-11 in accordance with the Law of the Republic of Kazakhstan dated 01.04.2021 № 26-VII (effective from 01.01.2021); excluded by Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall be brought into force on 01.07.2025).
Article 101-12. One-off housing payments for periods of lack of housing from the state housing fund to employees of special state agencies and military servicemen
1. An employee of a special state agency or a military serviceman shall receive one-time housing payments for periods of lack of housing from the state housing fund upon dismissal from service upon reaching the maximum age of service or due to health reasons, due to staff reductions or family circumstances, excluding dismissal due to family circumstances in the event of a change in the place of service (military service) of the spouse of an employee of a special state agency or military personnel, associated with the need for the family to move to another locality.
An employee of a special state agency or a member of the State Security Service of the Republic of Kazakhstan who is dismissed on the grounds mentioned in the first part of this paragraph shall be granted a one-time housing allowance from the date of their last entry into service with the special state agencies (continuous service) until January 1, 2013, and in the case of transfer to special state agencies (continuous service) from the Armed Forces of the Republic of Kazakhstan, other troops and military formations after the specified date – until January 1, 2018.
Military personnel (with the exclusion of military personnel of the State Security Service of the Republic of Kazakhstan) who are dismissed on the grounds specified in the first part of this paragraph shall be granted one-off housing payments from the date of their last entry into military service (continuous service) until January 1, 2018.
Herewith, the one-off housing payments envisaged in this paragraph shall be made minus the periods:
1) of previously made current housing payments;
2) of residence in housing previously provided from the state housing fund in the Republic of Kazakhstan or based on ownership rights, considering alienation over the last five years for each place of service.
Herewith, ownership of less than fifty per cent of the dwelling shall not be accounted.
Upon dismissal on the grounds specified in the first part of this paragraph, an employee of a special state agency or a military serviceman who, prior to 1 January 2018, has resided in official accommodation not subject to privatisation, one-off housing payments shall be made for periods of residence in the specified dwelling in the amount of fifty per cent of the current housing payments, minus periods of previously made current housing payments.
The amount of one-off housing payments stated in this paragraph shall be calculated by multiplying the cost per square metre of rent for comfortable housing in the relevant region of the Republic of Kazakhstan where the employee of a special state agency or military personnel is serving, as per the data from the competent authority in the field of state statistics for January of the current year, published on its website, based on eighteen square metres of living space per family member, including the recipient of housing benefits, considering changes in family composition and periods of homelessness.
This paragraph shall not apply to employees of special state agencies and military personnel in cases where they or their spouses:
1) have exercised the right to privatise housing, with the exception of privatisation through the voucher mechanism;
2) have received one-off housing payments or monetary compensation;
3) have fulfilled obligations under the contract for the purchase of residential property by using housing payments;
4) own property in the given settlement, except in cases where the obligation under the contract to purchase property using housing payments has not been fulfilled, as well as in cases of inheriting property.
2. Recipients of housing benefits shall receive the one-off housing payments stated in paragraph 1 of this Article without considering their spouse or children if their right to housing was exercised before they entered into marriage (matrimony).
The one-off housing payments mentioned in paragraph 1 of this Article shall be made if an employee of a special state agency and a military serviceman are recipients of housing payments.
The exclusion of a recipient of housing payments from personnel lists shall not prevent the assignment and implementation of unpaid lump-sum housing payments to him as per the submitted report.
A national of the Republic of Kazakhstan who has been removed from the personnel lists shall be entitled to apply to the state institution where he has served for the appointment of one-time housing payments envisaged in parts one and five of paragraph 1 of this Article within ninety days from the date of removal. In the event of an application after the specified deadline, the state institution shall issue a decision refusing to grant one-off housing payments.
3. In cases where the amount of one-time housing payments envisaged in parts one and five of paragraph 1 of this Article exceeds the amount of the principal debt under the contract for the purchase of housing through the use of housing payments, such payments shall be made in an amount not exceeding the amount of the principal debt, in view regard for the remuneration on the date of dismissal (exclusions from personnel lists).
4. For recipients of housing payments from among military personnel (excluding military personnel of the State Security Service of the Republic of Kazakhstan) who have obligations under a contract to purchase housing prior to July 1, 2025, the amount of one-time housing payments shall be established without considering paragraph 3 of this Article.
Footnote. Chapter 13-1 has been supplemented with Article 101-12 under Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall go into force on 01.07.2025).Article 101-13. Monetary compensation to military personnel
A military serviceman who has served in the military for ten or more years as of 1 January 2013, has served in the military for twenty or more years, and lives in service housing that is not subject to privatisation shall be entitled to receive monetary compensation as per the rules for the implementation of monetary compensation approved by the Government of the Republic of Kazakhstan.
The monetary compensation envisaged in this Article shall not be paid in cases where the serviceman or his or her spouse:
1) owns property in the Republic of Kazakhstan, except for owning less than fifty per cent of a property or inheriting a property;
2) has exercised their right to privatise their housing, apart from privatisation through the voucher mechanism;
3) has received one-off housing payments or monetary compensation;
4) has alienated the dwelling belonging to him (her) by right of ownership (acquisition) in the territory of the Republic of Kazakhstan within the last five years.
In this case, the monetary compensation mentioned in part one of this Article shall be paid to the servicemember without considering his or her spouse or child(ren) if his or her right to housing was exercised before they entered into marriage.
The amount of monetary compensation shall be calculated by multiplying the average cost per square metre of new housing in the Republic of Kazakhstan, as per the data from the competent authority in the field of state statistics for January of the current year, published on its website, by the area of the dwelling, calculated at eighteen square metres per family member, including the military personnel themselves, minus the amount of previous current housing payments.
Persons who have received monetary compensation shall surrender their service accommodation under the established procedure no later than three months from the date of payment of monetary compensation.
Footnote. Chapter 13-1 has been supplemented with Article 101-13 under Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall go into effect on 01.07.2025).Article 101-14. Personal special account
1. The recipient of housing payments shall open and use only one personal special account at a second-tier bank.
2. Should housing payments be terminated, no later than three months from the date of termination of housing payments, the state institution shall send a letter of notification to the second-tier bank regarding the termination of current housing payments, indicating the details of the state institution's bank account.
Upon termination of housing payments, the recipient of housing payments must apply to the second-tier bank to close their personal special account and transfer the balance of housing payments to the bank account of the state institution as per the details mentioned in the notification letter from the state institution, under the procedure established by the laws of the Republic of Kazakhstan.
Upon termination of housing payments and if there is a savings account, the recipient of housing payments must apply to a second-tier bank to transfer the amounts of housing payments received for the purpose of replenishing savings in the form of housing construction savings to a personal special account for subsequent transfer to the bank account of a state institution, pursuant to the details specified in the notification letter from the state institution, in the manner prescribed by the laws of the Republic of Kazakhstan.
3. Employees of law enforcement agencies, special state agencies, civil defence agencies and military personnel who have been dismissed from service may use housing payments held in personal special and savings accounts only for the purposes specified in sub-paragraphs 1) and 2) of part one of paragraph 1 of Article 101-5 hereof.
Footnote. Chapter 13-1 has been supplemented with Article 101-14 under Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall be enacted on 01.07.2025).Article 101-15. Special features of the rights of certain recipients of housing benefits
1. The recipient of housing payments shall retain the right to receive current housing payments until the fulfilment of obligations assumed under contracts concluded prior to 1 July 2025 for the purposes of:
1) purchase of residential property, including via instalment payments or the use of a mortgage loan;
2) payment of rent with subsequent purchase;
3) payment of contributions for equity participation in housing construction;
4) payment of contributions for participation in a housing and housing construction cooperative;
5) improvement of housing conditions under the Law of the Republic of Kazakhstan “On Housing Construction Savings in the Republic of Kazakhstan”, prior to the fulfilment of obligations under the contract for the acquisition of housing ownership using housing payments.
Herewith, the current housing payments envisaged in part one of this paragraph shall be terminated in the cases mentioned in paragraph 5 of Article 101-4 hereof.
The provisions of the first part of this paragraph shall not apply to persons dismissed from service.
2. In cases where an employee of a law enforcement agency, special state agency or military personnel, or his or her spouse, has received a one-time housing payment, monetary compensation, exercised the right to privatise housing, or fulfilled an obligation under a contract to purchase housing by using housing payments, and also in the event that they acquire ownership of the dwelling through the use of housing payments when assigning current housing payments for the payment of rent for the dwelling prior to 1 July 2025, the amount of current housing payments shall be revised with due regard for the requirements of part four of paragraph 1 of Article 101-1 hereof.
Footnote. Chapter 13-1 has been supplemented with Article 101-15 under Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall come into force on 01.07.2025).Chapter 14. Termination of right of use of, and eviction from, dwelling places from state housing stock and leased by a local executive body in private housing stock
Footnote. Title as amended by Law of the Republic of Kazakhstan dated 7 July 2006 № 182 (for method of enforcement, see Article 2).
Article 102. Termination of lease (sublease) agreement for dwelling place from state housing stock or leased by local executive body in private housing stock, by tenant
1. Tenants (subtenants) of dwelling places from state housing stock or leased by a local executive body in private housing stock may terminate the lease (sublease) agreement at any time (with the agreement of adult family members).
2. In case of departure of a tenant (subtenant) and his/her family members to live permanently elsewhere, the lease (sublease) agreement for the dwelling place shall be deemed terminated from the date of departure.
Footnote. Article 102 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 № 182 ( for method of enforcement, see Article 2).Article 103. Termination of lease (sublease) agreement for dwelling place from state housing stock or leased by local executive body in private housing stock at request of tenant and eviction of tenant (subtenant) from dwelling place
1. A lease (sublease) agreement for a dwelling place from state housing stock or leased by a local executive body in private housing stock may be terminated at the request of tenant only on the grounds established by this Law.
2. Eviction from any dwelling place from the state housing stock or leased by a local executive body in private housing stock shall be allowed in cases of termination of lease (sublease) agreement, and on other grounds, provided by this Law.
3. Eviction without provision of other usable dwelling place from any dwelling place in state housing stock and leased by a local executive body in private housing stock of children without custody of parents shall not be allowed.
Footnote. Article 103 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 № 182 (for method of enforcement, see Article 2).Article 104. Eviction with provision of other dwelling place from state housing stock
1. Citizens shall be evicted from dwelling places in state housing stock or leased by a local executive body in private housing stock with provision of other suitable dwelling place, except in cases provided for by Article 107, paragraph 1 of Article 108, and Articles 111 and 114 of this Law.
2. In cases mentioned in paragraph 1 of Article 91 and paragraph 3 of Article 103 of this Law, another dwelling place suitable for living shall be provided.
3. The other dwelling place shall be secured by a legal entity specifying the grounds for eviction.
Footnote. Article 104 as amended by Laws of the Republic of Kazakhstan dated 07.07.2006 № 182 (for method of enforcement see Article 2); and 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication).Article 105. Grounds for eviction with provision of other suitable dwelling place from the state housing stock or leased by local executive body in private housing stock
1. The lease (sublease) agreement for the dwelling place from state housing stock or leased by a local executive body in private housing stock may be terminated, and a tenant (subtenant) evicted with provision of other suitable dwelling place, in the following cases:
1) if a multi-apartment residential building is subject to demolition due to forced alienation of a land plot for state needs;
2) if a multi-apartment residential building is subject to re-equipment due to its unsuitability for further residence (stay);
3) if a multi-apartment residential building is recognized as emergency;
4) essential change of conditions of residence following capital repair to dwelling place (paragraphs 2 and 3 of Article 91 of this Law);
5) recognition of the lease (sublease) agreement for the dwelling place as invalid on grounds provided by paragraph 2 of Article 108 of this Law.
2. The suitable dwelling place provided instead shall satisfy the requirements and conditions of Articles 75 and 76 of paragraphs 2, 3, 4 of Article 106 of this Law.
Footnote. Article 105 as amended by Law of the Republic of Kazakhstan dated 07.07.2006 № 182 ( for method of enforcement see Article 2); and 01.03.2011 № 414-IV (enforced from date of first official publication); dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Article 106. Dwelling places provided to citizens following eviction from dwelling places from state housing stock or leased by local executive body in private housing stock
1. The other dwelling place provided to citizens following eviction from state housing stock shall satisfy the requirements of Articles 75 and 76 of this Law and its size may not be less than that of the dwelling place occupied by the evicted persons.
2. If a tenant (subtenant) has occupied more than one room, he/she shall be provided with a separate dwelling place comprising the same number of rooms.
3. If a tenant (subtenant) had excess floor area, the dwelling place shall be provided in accordance with the regulations of paragraph 1 of Article 75 of this Law, and the tenant (subtenant) or person residing with him/her shall be allocated additional area in recognition of the right to additional area.
4. Citizens, residing in a dwelling place scheduled for demolition in not less than fifteen years shall be provided with other suitable dwelling places in residential houses built in the place of or bear the demolished buildings as they wish. Before this dwelling place is provided, these citizens shall be given a temporary dwelling place, that satisfies the requirements of paragraph 5 of this Article.
5. Dwelling places suitable for residence shall be located within the boundaries of this inhabited locality and satisfy sanitary-epidemiological and technical requirements.
Resettlement shall not lead to such deterioration of housing conditions that the citizen needs an improvement of housing conditions in accordance with Article 69 of this Law. Expenses incurred by a tenant (subtenant) in connection with resettlement in cases mentioned in subparagraph 1), 2), 3), 4) of paragraph 1 of Article 105 of this Law shall be reimbursed by the lender.
6. Disputes, linked with eviction of citizens on the grounds of Article 105 of this Law shall be solved in a judicial proceeding.
Court decisions to evict a tenant (subtenant) must indicate the dwelling place provided to the evicted person with designation of the address of that dwelling place, with the exception of cases provided for by paragraph 2 of Article 108 of this Law.
Footnote. Article 106 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 № 182 (for method of enforcement, see Article 2); dated 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication).Article 107. Grounds for eviction without provision of other housing from the state housing stock or housing leased by the local executive body in the private housing stock
Eviction without provision of alternative housing from the state housing stock or housing rented by the local executive body in the private housing stock shall be permitted in cases when:
1) the tenant (subtenant), members of his family systematically destroy or damage the housing;
2) the tenant (subtenant), members of his family, by systematically violating the conditions of residence (stay), make it impossible for other persons to live in the same dwelling with them or in the same apartment building;
3) the tenant (subtenant), members of his family, without good reason, evade payment for the use of housing for six consecutive months;
4) persons have been deprived of parental rights and their joint residence with children in respect of whom they have been deprived of parental rights has been recognized as impossible;
5) the person arbitrarily occupied the dwelling;
6) the lease (sublease) agreement for the dwelling was declared invalid on the grounds provided for in paragraph 1 of Article 108 of this Law;
7) the tenant (sub-tenant), the spouse of the tenant (sub-tenant) acquired the dwelling on the ownership right regardless of its location on the territory of the Republic of Kazakhstan, with the exception of acquisition of the dwelling into ownership by way of inheritance or gift.
In the event of acquiring housing by inheritance or gift, the tenant (sub-tenant), the spouse of the tenant (sub-tenant) are required to alienate the acquired housing within twelve months or return the occupied housing from the state housing stock or housing rented by the local executive body in the private housing stock;
8) the grounds specified in Articles 111 (apart from the cases stated in paragraphs 3, 4 or 4-1 of Article 101, paragraphs 2, 2-1 or 2-2 of Article 109) and 114 hereof have arisen;
9) the tenant (subtenant), within three months from the date of receipt of notification from the local executive body, evades renewing the lease (sublease) agreement for the housing for a new term, except for the cases provided for in Articles 85 and 86 of this Law;
10) the tenant (subtenant), his family members have moved into the dwelling under a lease (sublease) agreement for the dwelling or settled temporary residents in it without the landlord’s written consent;
11) the tenant (subtenant), his family members systematically violate the terms of the lease (sublease) agreement for the dwelling.
Footnote. Article 107 as amended by the Law of the Republic of Kazakhstan dated 22.11.2024 № 138-VIII (effective six months after the date of its first official publication); as amended by Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall be effective since 01.07.2025).Article 108. Consequences of recognition of lease (sublease) agreement of dwelling place as invalid
1. If the lease (sublease) agreement for the dwelling place is declared invalid due to deliberate illegal actions of those concluding the agreement and receiving the dwelling place, they shall be evicted without provision of other dwelling place.
2. If the lease (sublease) agreement for the dwelling place is declared invalid on other grounds, except in cases, provided for by paragraph 1 of this Article, the citizens mentioned in the agreement shall be evicted with provision of their previously occupied or other suitable dwelling place. The obligation of providing another dwelling place shall be imposed on the legal entity whose actions grounds for declaring the agreement invalid. In this case, the court decision may refrain from specifying the address of the dwelling place provided.
3. Civil servants allowing illegal actions in the conclusion of the lease (sublease) agreement shall be held liable as established by the Laws of the Republic of Kazakhstan.
Footnote. Article 108 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 № 182 (for method of enforcement see Article 2); Law of the Republic of Kazakhstan dated 6 July 2007 № 276 .Chapter 15. Use of corporate housing units and accommodation in halls of residence from state housing stock
Article 109. Corporate housing units
1. Service housing is intended for settlement under a contract of employment by citizens of the Republic of Kazakhstan who, due to the nature of their employment relations, must reside at their place of work, as well as citizens of the Republic of Kazakhstan and candases participating in active measures to promote employment in accordance with the legislation of the Republic of Kazakhstan on social protection.
2. Employees of state institutions, judges of the Constitutional Court of the Republic of Kazakhstan and judges, with the exception of cases stipulated by this Law, may privatize service housing they occupy at residual value if they have worked in the civil service, in budgetary organizations, state enterprises or as a judge (including the tenure in a state elected position) for at least ten years (in total), and also regardless of the length of work, if the employment relations are terminated on the following grounds:
1) liquidation of organization, reduction of number of executives or workers;
2) disease preventing subsequent work;
3) retirement;
4) expiration of the tenure of a judge of the Constitutional Court of the Republic of Kazakhstan.
In the event of death of a worker provided with corporate housing, the right of privatization shall be transferred to the family members of the person who died (was killed), regardless of the period worked by that person.
Citizens of the Republic of Kazakhstan and candases, who received service housing as for those participating in active measures to promote employment in accordance with the legislation of the Republic of Kazakhstan on social protection, may privatize the service housing occupied by them at residual value if they have lived in the service housing for at least five years.
2-1. Military personnel or employees of law enforcement agencies, special state agencies, civil defence agencies with ten or more years of service, as well as persons dismissed from military, law enforcement or special state agencies, civil defence agencies upon reaching the maximum age for service, due to health reasons or staff reductions, shall be entitled to privatise their service accommodation subject to privatisation at its residual value.
Military personnel or employees of law enforcement agencies, special state agencies, civil defence agencies, as well as persons dismissed from military, law enforcement or special state agencies, civil defence agencies upon reaching the maximum age for service, due to health reasons or staff reductions, who have served for twenty or more calendar years, shall be entitled to privatise their service accommodation subject to privatisation free of charge.
In the event of the death of a person dismissed from military service or from service in law enforcement, special state bodies, civil defence bodies, as specified in this paragraph, who was provided with official accommodation, the right to privatise it shall pass to the family members of the deceased (died) one.
2-2. In the event of the death of a military serviceman or employee of law enforcement agencies, special state agencies, or civil defence agencies while on duty, his/her family members shall be entitled to receive official housing and privatise it free of charge under the procedure established hereunder.
3. The corporate housing units privatization procedure shall be determined by the Government of the Republic of Kazakhstan.
4. Should the grounds stated in paragraphs 2, 2-1 or 2-2 of this Article are present, the housing commission shall issue a decision on the privatisation of the dwelling. The dwelling shall be transferred to the municipal housing fund for subsequent privatisation by the tenant.
Footnote. Article 109 is in the wording of Law of the Republic of Kazakhstan dated 27.06.2011 № 444-IV (enforced upon expiry of ten calendar days after first official publication); as amended by Laws of the Republic of Kazakhstan dated 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 23.11.2015 № 417-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.11.2015 № 421-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.04.2022 № 114-VII (shall be enforced ten calendar days after the date of its first official publication); dated 20.04.2023 № 226-VII (shall be enforced from 01.07.2023); dated 22.11.2024 № 138-VIII (effective ten calendar days after the date of its first official publication); № 196-VIII of 24.06.2025 (shall enter into force on 30.06.2025); № 203-VIII of 30.06.2025 (shall be brought into effect on 01.07.2025).Article 110. Provision and use of corporate housing
1. The procedure for provision of service housing intended for settlement by citizens of the Republic of Kazakhstan for the period of performance of their duties related to the nature of their employment relations, including by civil servants appointed to the position in the order of rotation, and the use of it is determined by the authorized body.
The rules of Articles 90, 93 and 95 of this Law do not apply to the use of official housing intended for settlement by citizens of the Republic of Kazakhstan for the period of performance of their duties related to the nature of their employment relations.
In the absence of service housing at the place of rotation, civil servants appointed to the position in the order of rotation are paid rotational payments for the period of performance of their duties related to the nature of their employment relations.
Rotational payments are made in accordance with the rules for calculating the amount, assignment, recalculation, implementation, termination, refund, suspension and resumption of rotational payments to civil servants rotated to another locality, approved by the Government of the Republic of Kazakhstan.
2. The procedure for provision of service housing intended for settlement by citizens of the Republic of Kazakhstan and candases participating in active measures to promote employment in accordance with the legislation of the Republic of Kazakhstan on social protection, and its use is determined by the authorized body.
The provided service housing intended for settlement by citizens of the Republic of Kazakhstan and candases participating in active measures to promote employment in accordance with the legislation of the Republic of Kazakhstan on social protection is not subject to the effect of articles 71, 72, 73, 74, 90, 93 and 95 of this Law.
3. A service dwelling may be exchanged for another service dwelling on the terms and in the order provided for by this Law.
Footnote. Article 110 is in the wording of Law of the Republic of Kazakhstan dated 27.06.2011 № 444-IV (enforced upon expiry of ten calendar days after first official publication); as amended by Laws of the Republic of Kazakhstan dated 23.11.2015 № 417-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.11.2015 № 421-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.04.2022 № 114-VII (shall be enforced ten calendar days after the date of its first official publication); dated 20.03.2023 № 214-VII (shall be enforced ten calendar days after the date of its first official publication); dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication); dated 20.04.2023 № 226-VII (shall be enforced from 01.07.2023).Article 111. Eviction from corporate housing units
1. Employees who have terminated employment relations in connection with which they were provided with service housing, including civil servants appointed to a position in rotation, except for the cases provided for in paragraph 2 of Article 109 of this Law, are subject to eviction with all persons living with them without providing other residential premises.
1-1. Persons dismissed from military service or from service in law enforcement agencies, special public authorities, civil defence agencies, who are not entitled to privatise their official accommodation, shall be evicted together with all persons living with them without being provided with alternative accommodation.
2. Demands for eviction on the above grounds may be filed within three years of the date of termination of labour relations.
Footnote. Article 111 as amended by Law of the Republic of Kazakhstan dated 27.06.2011 № 444-IV (enforced upon expiry of ten calendar days after first official publication); dated 23.11.2015 № 417-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.04.2022 № 114-VII (shall be enforced ten calendar days after the date of its first official publication); dated 20.03.2023 № 214-VII (shall be enforced ten calendar days after the date of its first official publication); № 203-VIII of 30.06.2025 (shall come into force since 01.07.2025).Article 112. Procedure for provision of housing units in halls of residence in state housing stock
Living space in a state-owned dormitory shall be offered for persons working under an employment contract for the duration of their employment, as well as for students (cadets, postgraduates, trainees) and educatees for the duration of their studies, as decided by the administration of the enterprise or institution.
All persons settled together with a person provided with a housing unit in a hall of residence shall be listed in the decision. Settlement of other persons shall be prohibited.
Footnote. Article 112 as amended by Laws of the Republic of Kazakhstan dated 7 June 1999 № 391; dated 15 May 2007 № 253; № 203-VIII of 30.06.2025 (shall be enacted on 01.07.2025).Article 113. Procedure for use of housing units in halls of residence in state housing stock
Footnote. Article 113 is excluded by Law of the Republic of Kazakhstan dated 27.06.2011 № 444-IV (enforced upon expiry of ten calendar days after first official publication).
Article 114. Eviction from hall of residence in state housing stock
1. Persons who work under a labour agreement and terminate these labour relations, and persons studying in educational organizations and withdrawing from them, shall be evicted from the hall of residence in state housing stock, together with their family members residing with them without provision of other housing unit that was provided in connection with the work or study.
This provision shall not apply to persons given the right to reside in rooms in halls of residence in state housing stock on the basis of labour agreement or other decision of the local executive bodies and administration of an enterprise (institution) together with other persons actually residing from the moment of settlement before enforcement of this Law.
2. Eviction from halls of residence without provision of other housing unit is also possible on grounds provided by Article 107 of this Law.
Footnote. Article 114 as amended by Laws of the Republic of Kazakhstan dated 7 June 1999, № 391; and 15 May 2007 № 253. SECTION 5
Chapter 16. Contractual obligations to provide dwelling place
Article 115. Definition and types of contractual obligations
Footnote. Article 115 is excluded by Law of the Republic of Kazakhstan dated 479-IV (enforced upon expiry of ten calendar days after first official publication).
Article 116. Agreement on release of dwelling place subject to demolition subject to provision of other dwelling place
1. In case of demolition due to forced alienation of a land plot for state needs, a contract may be concluded between a local executive body and the owners (tenants) of dwellings on provision to ownership (rent) of other dwellings in newly built ones on the same or another land plot to former owners (tenants) in return for the demolished dwellings.
In this case, a local executive body shall be obliged to provide the owner (tenant) with a comfortable dwelling that meets the requirements of paragraph 1 of Article 75 of this Law, and the owners (tenants) of dwellings to be demolished shall be obliged to vacate the dwellings they occupy within the term specified in the contract. By agreement of the parties, the contract may provide for other conditions and terms for providing a comfortable dwelling, the amount of possible compensation, the size of the dwelling, number of storeys, number of rooms, composition of the family and other conditions affecting the interests of the parties.
Dwellings can be provided, respectively, for ownership or use.
Prior to provision of a comfortable dwelling, the citizens subject to eviction shall be settled (with their consent) in temporary dwellings, located in a given settlement and meeting sanitary-epidemiological and technical requirements. The expenses of payment for a temporary dwelling shall be imposed on the local executive body.
2. If a comfortable dwelling is not provided within the term stipulated by the contract, the local executive body by the court decision at its own expense shall be obliged to purchase another dwelling, meeting the requirements, stipulated by the terms of the contract for the owner (tenant) who has lost his/her dwelling, as well as to compensate for the damage, caused by breach of contractual obligations.
Footnote. Article 116 as amended by Laws of the Republic of Kazakhstan dated 10.07.2001 № 227; and 01.03.2011 № 414-IV (enforced from the date of first official publication); dated 29.12.2014 № 270-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication). SECTION 6
Chapter 17. Transitional provisions
Article 117. Preservation of priority of citizens registered as needing dwelling place
1. Citizens, registered as needing a dwelling place shall reserve the right to receive the dwelling place from the state housing stock before enforcement of this Law in the previous procedure.
2. In case of transfer of state-enterprise housing stock to state public housing stock together with other housing stock, the lists of citizens registered as needing a dwelling place according to work place shall be transferred to the relevant local executive body.
Persons, registered as needing a dwelling place according to work place at the time of transfer of the housing stock shall be included in the lists made according to place of residence starting from the date of their acceptance for registration at the work place. If the persons mentioned are registered at the place of residence, they shall be included on the lists from the date of their acceptance for registration at the work place or place of residence, at the applicant’s choice.
Local executive bodies shall publicise changes in the lists of persons needing a dwelling place, with specification and confirmation of reasons for amendments made, as established by Article 78 of this Law.
Article 118. Initial and unscheduled provision of dwelling place from state housing stock
1. Initially, dwelling places from state housing stock shall be provided equally to those needing of a dwelling place from among those registered before enforcement of this Law:
1) veterans of the Great Patriotic War and veterans equal in benefits to veterans of the Great Patriotic War, as well as veterans of military operations on the territory of other states listed in subparagraphs 1), 2), 3), 4) and 5) of Article 5 of the Law of the Republic of Kazakhstan On Veterans;
2) Heroes of the Soviet Union, Heroes of Socialist Labour, mothers awarded the “Altyn Alka” and previously awarded by the “mother-heroine” rank, and persons awarded the order of Glory, Labour Glory, and “for service to the motherland in the USSR Armed Forces”, of all three classes;
3) persons enlisted in the active army during the civil war, the Great Patriotic Wars and other military operations to protect the USSR and the Republic of Kazakhstan, guerrillas of civil and Great Patriotic wars, internationalist fighters, and other persons previously involved in military operations to protection the USSR and the Republic of Kazakhstan;
4) persons with disabilities of the first and second groups (with the exception of persons who were found to be disabled as a result of a crime committed by them);
5) families of persons who died in fulfilment of state or public duties, saving human life or protecting law and order, or who died in the workplace following an accident, or fighters (partisans) lost in action;
6) persons suffering from severe forms of certain chronic diseases, in the list of diseases approved as established by legislation;
7) citizens whose health is compromised due to ecological disasters, the Chernobyl catastrophe, explosions (nuclear tests) on the Semipalatinsk test site, and emergency situations on other civil and military nuclear sites according to conclusion of territorial subdivision of central executive body for social protection of population;
8) citizens for whom the fact of illegal conviction or non-judicial repression on political grounds is established by judicial proceedings (recognized as victims of political repression or as having suffered from political repression in judicial proceedings);
9) families of newly wedded couple who first married 30 years before and delivered a child in the first three years after marriage;
10) persons raising children with disabilities;
11) families with many children;
12) persons with disabilities of the third group, pensioners by age, single mothers (unmarried women raising a child), families at the birth of twins, if these categories of citizens receive incomes below the subsistence level, determined as established by the legislation of the Republic of Kazakhstan;
13) demobilized military servants active for over twenty years and dismissed from military service due to age, health condition or reduction of staff numbers, upon return to place of residence in Kazakh territory before military service;
14) teachers of state educational institutions;
15) medical and pharmaceutical workers directly providing medical and drug-related assistance to the population in state health care institutions;
16) judges and employees of law enforcement bodies.
Citizens given a dwelling place from state housing stock as a matter of priority may be newly included in lists for receiving another dwelling place as a matter of priority only by decision of local executive bodies.
2. Dwelling places from state housing stock shall be provided to those needing a dwelling place out of turn from among the following registered persons before enforcement of this Law:
1) citizens whose dwelling place became uninhabitable following natural disasters in Kazakh territory;
2) persons returned from state child welfare institutions, relatives, trustees or guardians following impossibility of returning to previously occupied dwelling place following demolition or redevelopment into non-housing unit;
3) persons released from serving a penalty due to the annulment of the sentence according to the termination of the criminal case on the basis of paragraphs 1), 2), 5), 6), 7) and 8) of the first part of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan, forfeited dwelling places due to illegal conviction, following impossibility of returning to previous dwelling place, if application for provision of dwelling place is filed within one year of rehabilitation;
4) orphans under the age of twenty years who lost their parents before coming of age. After call to military service, the age of such persons shall be extended for the period of their military service;
5) persons to be provided with dwelling place by virtue of state obligations arising from labour agreements, or illegally deprived of opportunity to use the previous dwelling place;
6) persons elected to state elective posts, if connected with movement to another location, provided they do not reserve their previous dwelling place.
3. Persons given state rewards of the Republic of Kazakhstan shall have the right to receive a dwelling place as established by Kazakh legislation concerning state rewards.
Footnote. Article 118 as amended by Laws of the Republic of Kazakhstan dated 21 March 2002 № 308 (enforced from 1 January 2002); 15 May 2007 № 253; and 06.01.2011 № 379-IV (enforced upon expiry of ten calendar days after first official publication); dated 04.07.2014 № 233-V (shall be enforced from 01.01.2015); dated 27.12.2019 № 294-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 06.05.2020 № 323-VI (effective ten calendar days after the date of its first official publication); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication).Article 119. Provision of dwelling place from state housing stock by virtue of agreement
1. Agreements concluded in accordance with housing legislation in force before enforcement of this Law shall also be subject to fulfilment in cases when conclusion of such agreements is not provided by this Law.
2. In cases of transfer of the housing stock of a state enterprise that has concluded an agreement for provision of housing units to state public housing stock, the obligation to provide a dwelling place conditioned by the agreement shall be imposed on local executive bodies, assuming control of this fund.
3. When state housing stock and unfinished construction of residential houses is transferred to another tenant builder, he/she shall be obliged to provide the dwelling place specified in the agreement of the former builder.
Article 119-1. Features of granting a dwelling to ownership upon demolition due to forced alienation of land plots for state needs in the capital of the Republic of Kazakhstan
Footnote. Title as amended by Law of the Republic of Kazakhstan dated 01.03.2011 № 414-IV (enforced from date of first official publication); dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).
Compensation shall be paid in the amount of the market value of a dwelling or a comfortable dwelling shall be provided to ownership, the useful area of which shall not exceed the useful area of the forced alienated dwelling if citizens are not guaranteed additional preferential rates by the Law in the capital of the Republic of Kazakhstan upon forced alienation of land plots for state needs by choice of the owner of the dwelling located on the alienated land plot.
Provision of former owners (tenants) with other dwellings to ownership (rent) in newly built dwellings on the same or another land plot in return of the demolished ones by virtue of contractual obligations shall be carried out only with the consent of the developer.
Footnote. The Law is supplemented by Article 119-1 in accordance with Law of the Republic of Kazakhstan dated 10.07.2001 № 227; as amended by Laws of the Republic of Kazakhstan dated 01.03.2011 № 414-IV (enforced from date of first official publication); and 22.07.2011 № 479-IV (enforced upon expiry of ten calendar days after first official publication); dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Article 119-2. Special aspects of transfer of right of demand on residential mortgage loan
Footnote. Article 119-2 excluded by the Law of the Republic of Kazakhstan dated 15.07.2025 № 207-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).
Article 120. Special aspects of eviction from corporate housing units
The following persons may not be evicted from corporate housing provided before enforcement of this Law without provision of other suitable dwelling place for residence:
1) persons with disabilities (with the exception of persons who were found to be disabled as a result of a crime committed by them);
2) participants in the Great Patriotic War, as well as persons equated in benefits to participants in the Great Patriotic War;
2-1) veterans of military operations on the territory of other states, listed in subparagraphs 1), 2), 3), 4) and 5) of Article 5 of the Law of the Republic of Kazakhstan On Veterans;
3) families of persons who died in the fulfilment of state or public duties or military service duties, saving human life, protecting law and order, or following an accident in the workplace, or fighters missing in action;
4) citizens whose health has been compromised by the Chernobyl catastrophe, explosions (nuclear tests) on the Semipalatinsk test site, and emergency situations on other civil and military nuclear sites, by conclusion of a territorial subdivision of a central executive body in the field of social protection of the population;
5) persons working in an enterprise or institution that provided corporate housing for no less than ten years;
6) persons relieved from the post, in connection with which they were provided with corporate housing, but who did not terminate labour relations with this enterprise or institution;
7) persons dismissed due to age or health condition and in connection with reduction in personnel or liquidation of the enterprise or institution;
8) family members of a dead worker provided with corporate housing;
9) families with many children.
Footnote. Article 120 as amended by Law of the Republic of Kazakhstan dated 21 March 2002 № 308 (enforced from 1 January 2002); dated 03.12.2015 № 433-V (shall be enforced from 01.01.2016); dated 06.05.2020 № 323-VI (effective ten calendar days after the date of its first official publication); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication).Article 121. Use of dwellings belonging to legal entities based on a non-state form of ownership
A lease contract for a dwelling belonging to a legal entity based on a non-state form of ownership, concluded before enforcement of this Law, shall remain in force for the validity period of the specified contract.
Footnote. Article 121 as amended by the Law of the Republic of Kazakhstan dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).Article 122. Special provisions regarding housing for employees of the prosecutor's office, economic investigation services and civil protection agencies
The provisions of Chapter 13-1 hereof concerning the specifics of housing provision shall apply to employees of the prosecutor's office, economic investigation services and civil protection agencies from 1 July 2025.
Footnote. Chapter 17 has been supplemented with Article 122 under Law of the Republic of Kazakhstan № 203-VIII of 30.06.2025 (shall come into force on 01.07.2025).
| The President of the Republic of Kazakhstan |
