Article 1. Basic concepts used in this Law Chapter 1. GENERAL PROVISIONS of the Law on State Registration of Rights to Immovable Property

Home / RLA / Article 1. Basic concepts used in this Law Chapter 1. GENERAL PROVISIONS of the Law on State Registration of Rights to Immovable Property

The following basic concepts are used in this Law:

1) preferential interests are rights (encumbrances of rights) to immovable property that, in accordance with this Law and other legislative acts, are not subject to mandatory state registration in the legal cadastre and are recognized as valid without state registration.;

2) an earlier right (encumbrance of a right) is a right (encumbrance of a right) to immovable property that arose before March 1, 1996 and is valid provided that it complies with the legislation in force at the time the relevant right arose.;

3) registration - registration of rights (encumbrances of rights) to immovable property for the purpose of accounting for rights (encumbrances of rights) to immovable property valid without state registration in the legal cadastre, including previously arisen rights;

4) personal easement - an easement in favor of a certain person that is not related to his possession of a dominant real estate object;

5) immovable property (real estate) - land plots, buildings, structures and other property that are firmly connected to the land, that is, objects that cannot be moved without disproportionate damage to their purpose.;

6) state registration of rights to immovable property (hereinafter referred to as state registration) is a mandatory procedure for state recognition and confirmation of the occurrence, modification or termination of rights (encumbrance of rights) to immovable property and other objects of state registration in the legal cadastre in accordance with the procedure and terms established by this Law and other laws;

7) primary real estate object - buildings and structures of various functional purposes, as well as objects of special regulation and urban planning regulation;

7-1) the information system of the unified state cadastre of real estate is an information system containing information from land and legal cadastres, the procedure for maintaining which is determined by this Law and the Land Code of the Republic of Kazakhstan;

8) secondary real estate object - residential and non-residential premises, which are assigned cadastral numbers as objects of individual (separate) ownership (other proprietary right) for the purpose of registering rights to them;

9) encumbrance of the right to immovable property - any restriction of the right to immovable property that has arisen in accordance with the procedure provided for by the laws of the Republic of Kazakhstan or by agreement of the parties and is expressed in the restriction of the right holder's right to own, use and (or) dispose of immovable property;

10) the formation of a real estate object is the process of establishing the unique identification characteristics of a real estate object and assigning it a cadastral number;

11) an employee of a real estate object is a real estate object burdened with an easement;

11-1) cadastral passport of the real estate object – an identification document containing the technical and identification characteristics of a primary or secondary real estate object, as well as the identification characteristics of a land plot located in cities of republican significance, the capital, cities of regional and district significance, according to the form, established by the authorized body for state regulation and control of activities in the field of state registration of rights to immovable property and state technical inspection of immovable property and the central authorized body for land management;

12) identification characteristics of the real estate object - information about the real estate object, including address, registration code of the address (if any), type of real estate, cadastral number, form of ownership, number of components, category of land, divisibility, purpose, number of floors, area (common, residential, useful), necessary for the purposes of maintaining the legal cadastre;

13) legal claims - legal facts that indicate that third parties are challenging or have an interest in the rights to real estate, transactions with it;

14) cadastral number is an individual number of a real estate object that is not repeated on the territory of the Republic of Kazakhstan, which is assigned in accordance with the procedure established by the legislation of the Republic of Kazakhstan.;

15) a condominium facility is a property complex consisting of a land plot (land plots), primary and secondary facilities, on which ownership of immovable property in the form of a condominium is established in accordance with the legislation of the Republic of Kazakhstan.;

16) title documents - documents on the basis of which the rights (encumbrances of rights) to immovable property arise, change and (or) terminate;

16-1) an electronic copy of the title document is an electronic document that fully reproduces the information of the original paper document in electronic and digital form with the electronic digital signature of the certifier;

17) legal cadastre – the unified state register of registered rights (encumbrances of rights) to immovable property;

18) systematic registration of previously arisen rights in the legal cadastre is the registration of rights (encumbrances of rights) to immovable property that arose before the introduction of the system of state registration of rights to immovable property and are valid if they comply with the legislation in force at the time of their occurrence.;

19) information from the legal cadastre - information on registered rights (encumbrances of rights) to immovable property and other objects of state registration contained in the legal cadastre, and copies of documents in the registration file provided by the registering authority;

20) state technical inspection of immovable property - determination of technical and identification characteristics of buildings, structures and their components necessary for maintaining a legal cadastre;

21) object of state registration - rights and encumbrances of rights to immovable property subject to state registration in the legal cadastre, as well as legal claims;

21-1) registration address code - the unique address code of the property;

22) the applicant is the copyright holder, the acquirer and other persons in whose interests the state registration is carried out;

23) authorized representative of the applicant - a person who submits an application on behalf of the applicant and performs other actions related to state registration by virtue of authority based on a power of attorney, legislation, court decision or legal act;

24) easement - the right of limited targeted use of someone else's land and (or) other real estate object, including for passage, passage, laying and operation of necessary communications and other needs;

25) excluded by the Law of the Republic of Kazakhstan dated 04/05/2023 No. 221-VII (effective from 07/01/2023).

26) registration file is a part of the legal cadastre, in which, according to the object principle, copies of documents submitted for state registration are stored.;

27) the registering authority is the Government for Citizens State Corporation, which carries out state registration at the location of immovable property.;

28) authorized body – a state body that carries out state regulation and control of activities in the field of state registration of rights to immovable property and state technical inspection of immovable property;

28-1) excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication);

29) easement in favor of a dominant land plot or other real estate object - an easement established in favor of the owner (other rightholder) of another, as a rule, neighboring immovable property to meet his needs, including for passage, passage, carrying water and other purposes;

30) a dominant object of real estate is an object of immovable property, the owner (other rightholder) of which has the right to limited targeted use of someone else's immovable property (easement).

31) electronic registration is a state registration carried out on the basis of an electronic copy of the title document received by the registration authority through the legal cadastre information system.

The Law of the Republic of Kazakhstan dated July 26, 2007 No. 310.

This Law defines the goals, objectives and legal framework in the field of state registration of rights to immovable property.

President

Republic of Kazakhstan

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