Article 13. Acquisition by the tenant of ownership of the occupied dwelling from the state housing stock in the order of privatization of the Law on Housing Relations

Home / RLA / Article 13. Acquisition by the tenant of ownership of the occupied dwelling from the state housing stock in the order of privatization of the Law on Housing Relations

1. In the cases provided for by this Law, the tenant of a dwelling from the state housing stock, with the consent of adult family members and taking into account the rights of minors, has the right to privatize the dwelling at its residual value on the terms provided for by this Law and in accordance with the procedure determined by the Government of the Republic of Kazakhstan.

The circle of family members of the employer is determined in accordance with Article 21 of this Law.

The circle of family members of a law enforcement officer, a special state body, a civil protection body (with the exception of a cadet and (or) a student) and a military serviceman (with the exception of a conscript, a military serviceman serving in the reserve, a cadet and a cadet liable for military service, called up for military training), including those discharged from service, It is determined in accordance with Articles 101-10 of this Law.

2. The privatized dwelling becomes the common joint property of the tenant and all family members permanently residing with him, including those temporarily absent, unless otherwise provided by an agreement between them.

3. The alienation of a dwelling in common joint ownership is allowed only with the consent of all owners. If the transaction affects the interests of minors who own the home, the consent of the guardianship authority is required.

4. Official dwellings from the state housing stock may be privatized on the grounds provided for in paragraphs 2, 2-1 or 2-2 of Article 109 of this Law.

5. Dwellings equated to official ones from the state housing stock may be privatized on the grounds provided for in paragraphs 3, 4 or 4-1 of Article 101 of this Law.

6. A dwelling inhabited by several tenants may be privatized only with the consent of all the tenants and their adult family members. In this case, the dwelling becomes the common shared property of all tenants.

7. Homes cannot be privatized:

1) rented out in accordance with separate contracts of employment to several employers, if one of them does not agree to make the purchase;

1-1) is excluded by the Law of the Republic of Kazakhstan dated 11/22/2024 No. 138-VIII (effective ten calendar days after the date of its first official publication).

2) in temporary buildings;

3) not meeting the established sanitary-epidemiological and technical requirements;

4) to be converted into non-residential premises due to their unsuitability for further residence;

5) located on the territory of closed and isolated military camps, border offices and other closed facilities;

5-1) located on the territory of state institutions under the jurisdiction of the authorized body in the field of civil protection;

6) located in specially protected natural territories;

7) subject to demolition;

8) excluded by the Law of the Republic of Kazakhstan dated 11/22/2024 No. 138-VIII (effective ten calendar days after the date of its first official publication).

8-1) provided from the departmental housing stock to civil servants appointed to the position in the order of rotation for the period of their official duties;

9) Excluded by the Law of the Republic of Kazakhstan dated 04/15/2022 No. 114-VII (effective ten calendar days after the date of its first official publication).

Bed-type and room-type living quarters provided to persons working under an employment contract, students (cadets, cadets, trainees, graduate students) and students for the duration of their studies are also not subject to privatization.

8. The following persons have the right to receive ownership of their occupied dwellings from the State housing stock free of charge:

1) veterans of the Great Patriotic War. In the event of the death of a veteran of the Great Patriotic War, who was provided with housing, the right to receive it free of charge passes to his family members.;

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

3) persons who participated in the elimination of the consequences of the Chernobyl nuclear power plant disaster, other radiation disasters and accidents at civilian or military facilities, as well as those who participated directly in nuclear tests and exercises;

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

5) military personnel recognized as persons with disabilities as a result of wounds, contusions, or injuries sustained in the defense of the former Union of Soviet Socialist Republics, while performing other military service duties during other periods, or as a result of illness associated with being at the front, as well as during military service in Afghanistan or other states in which military operations were conducted;

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

7) military personnel, employees of law enforcement, special state bodies, civil protection bodies, as well as persons dismissed from military service or from service in law enforcement, special state bodies, civil protection bodies upon reaching the age limit for service, for health reasons or due to staff reductions:

having twenty years of service or more in calendar terms;

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

In the event of the death (death) of a person discharged from military service or from service in law enforcement, special state bodies, civil protection bodies, specified in part one of this subparagraph, to whom housing has been provided, the right to its gratuitous privatization passes to the family members of the deceased (deceased);

7-1) family members of a serviceman, law enforcement officer, special government agency, civil protection agency, deceased (deceased) during service, regardless of length of service, except for the deceased (deceased) as a result of suicide (except in cases of driving to suicide), committing a criminal offense, non-medical use of substances that cause alcohol, narcotic, psychotropic, substance abuse (their analogues);

8) candidates for cosmonauts, cosmonauts. In the event of the death of a candidate for cosmonauts, an astronaut who has been provided with housing, the right to receive it free of charge passes to the heirs of the deceased;

9) victims of political repression, as well as persons who suffered from political repression, rehabilitated in accordance with the Law of the Republic of Kazakhstan "On Rehabilitation of victims of mass political repression", who have disabilities or are retired;

10) excluded by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 203-VIII (effective from 07/01/2025).

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

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

10. Citizens of the Republic of Kazakhstan cannot privatize housing from the state housing stock if they:

1) have another dwelling on the right of ownership in the territory of the Republic of Kazakhstan, while the presence of a share of less than fifty percent in the dwelling is not taken into account;

2) have an obligation under a housing mortgage loan agreement in the territory of the Republic of Kazakhstan;

3) they have alienated the dwelling that belonged to them by right of ownership during the last five years prior to applying for privatization.

4) received one-time housing payments, monetary compensation, or fulfilled obligations to acquire ownership of a home through the use of housing payments.

The Law of the Republic of Kazakhstan dated April 16, 1997 No. 94.

President of the Republic of Kazakhstan

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President

Republic of Kazakhstan

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