Article 2. The basic concepts used in this Law of the Law on Housing Relations

Home / RLA / Article 2. The basic concepts used in this Law of the Law on Housing Relations

The following basic concepts are used in this Law:

1) emergency multi–apartment residential building - an apartment building in which the main load-bearing structures (foundations, columns, load-bearing walls, beams, floors) have lost their bearing capacity and the further operation of which poses a danger to the lives of residents (staying), recognized as beyond repair by the conclusion of a legal entity accredited to carry out technical supervision and technical inspection reliability and stability of buildings and structures;

1-1) low–income families (citizens) - persons who, in accordance with the housing legislation of the Republic of Kazakhstan, have the right to receive housing assistance;

1-2) military personnel – citizens of the Republic of Kazakhstan serving in the Armed Forces, other troops and military formations of the Republic of Kazakhstan;

1-3) management company – an individual or legal entity providing services for the management of a condominium facility on the basis of a signed agreement;

1-4) the unified republican electronic database is an electronic database containing information about citizens of the Republic of Kazakhstan, persons registered as needing housing by local executive authorities in accordance with this Law.;

1-5) budgetary organizations – state institutions and state-owned enterprises;

1-6) departmental housing stock – official dwellings on the balance sheet of state institutions, intended to be provided to civil servants appointed to a position on a rotating basis, by decision of the housing commission, for residence for the period of performance of official duties without the right to further privatization;

2) individual (separate) property – the property of citizens, legal entities, and the state in an apartment, non-residential premises, parking space, and storage room;

3) voting is the process of decision–making by the owners of apartments and non-residential premises related to the management of the condominium facility and the maintenance of the common property of the condominium facility, as well as by the owners of parking spaces and storerooms, decisions related to the maintenance of parking spaces and storerooms, carried out through an open expression of will at a meeting held in person or by written questioning. Owners of apartments, non-residential premises, parking spaces, storerooms can vote at a meeting held by correspondence or by means of a written survey through informatization facilities in the field of housing relations and housing and communal services.;

4) rental house – an apartment building owned by an individual or a legal entity, the apartments in which are intended for rental;

5) landlord – a party to the housing lease agreement who is the owner of the dwelling or a person authorized by the owner to rent the dwelling;

6) an employer is a party to a tenancy agreement that receives a dwelling or part of it for use.;

7) dormitory - a residential building specially constructed or converted for the accommodation of persons working under an employment contract, students (cadets, graduate students) and students during their studies, as well as other persons who have an employment contract with the owner or owner of the dormitory;

7-1) personal special account – a current bank account opened by recipients of housing payments in a second-tier bank for crediting housing payments and making payments for established purposes;

8) private housing stock - dwellings owned by natural or non-governmental legal entities;

9) land plot - the land area assigned to an apartment building in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

10) utilities – services provided to the consumer, including water supply, sanitation, gas supply, electricity, heat supply, waste disposal, elevator maintenance, to ensure safe and comfortable living conditions (stay);

10-1) communal housing stock - dwellings under the jurisdiction of local executive bodies assigned to a special state institution for the provision of housing for use;

11) a condominium object is 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 right of common shared ownership, including a single indivisible land plot under an apartment building and (or) a house plot;

12) management of a condominium facility – a set of measures aimed at creating safe and comfortable living conditions for apartment owners, non-residential premises, proper maintenance of the common property of the condominium facility, resolving issues of using the common property of the condominium facility and providing public services;

13) expenses for the management of the condominium facility and the maintenance of the common property of the condominium facility – mandatory contributions from the owners of apartments and non-residential premises, established by a decision of the meeting in accordance with the methodology for calculating the cost estimates for the management of the condominium facility and the maintenance of the common property of the condominium facility, as well as the methodology for calculating the minimum amount of expenses for the management of the condominium facility and the maintenance of the common property of the condominium facility;

14) the common property of the condominium facility – parts of the condominium facility (facades, entrances, lobbies, halls, corridors, staircases and landings, elevators, roofs, attics, technical floors, basements, communal engineering systems and equipment, subscriber mailboxes, land under an apartment building and (or) adjacent land, landscaping elements and other property public use), except for apartments, non-residential premises, parking spaces, storerooms that are individually (separately) owned, and telecommunications equipment, owned by mobile operators;

15) routine maintenance of the common property of a condominium facility is a set of timely technical measures and work to replace or restore the components and engineering equipment of an apartment building, established by regulatory and technical documentation, carried out in order to prevent their premature wear and eliminate malfunctions.;

15-1) major repairs of the common property of a condominium facility – a set of measures and works to replace worn structures, parts and engineering equipment of an apartment building with new or more durable and economical ones that improve the performance of the repaired facilities, carried out in order to restore the resource of an apartment building;

15-2) expenses for major repairs of the common property of the condominium facility – mandatory monthly contributions from apartment owners and non-residential premises for major repairs of the common property of the condominium facility or its individual parts;

15-3) maintenance of the common property of the condominium facility – a complex of works or services for technical operation, sanitary maintenance and routine repairs of the common property of the condominium facility;

15-4) the common property of a limited–use condominium facility is a part of the common property of a condominium facility transferred in accordance with the procedure established by this Law for use by the owner of an apartment, non-residential premises, parking space, storage room or a third party;

16) a large family is a family consisting of four or more minor children living together, including children who study 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 educational organizations (but not more than up to the age of twenty-three);

16-1) multi–family residential building - a detached building with a single foundation on a single indivisible land plot, consisting of the common property of a 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 an apartment building, or to other parts of the common property of the object The condominium;

16-2) the manager of an apartment building is a citizen of the Republic of Kazakhstan who is not the owner of an apartment, non–residential premises, parking space, storage room in a managed apartment building that meets the qualification requirements approved by the authorized body.;

16-3) the adjacent land plot of an apartment building (hereinafter referred to as the adjacent land plot) is a land plot adjacent to an apartment building and intended for landscaping, landscaping, sports, playgrounds, access roads, parking lots, sidewalks, and small architectural forms.;

16-4) the council of an apartment building (hereinafter referred to as the house Council) is a collegial management body for a condominium facility, elected from among the owners of apartments and non–residential premises;

16-5) the condominium of an apartment building (hereinafter referred to as the condominium) – a form of ownership registered in accordance with the procedure established by the legislation of the Republic of Kazakhstan, in which apartments, non-residential premises, parking spaces, storerooms are individually (separately) owned, and those parts that are not individually (separately) owned belong to the owners of apartments, non-residential premises, parking spaces, storerooms on the right of common ownership ownership, including a single indivisible land plot under an apartment building and (or) a house plot;

16-6) the association of property owners of an apartment building (hereinafter referred to as the association of property owners) is a legal entity that is a non–profit organization formed by the owners of apartments and non–residential premises of one apartment building, which manages a condominium facility, finances its maintenance and ensures its safety;

16-7) parking of an apartment building (hereinafter referred to as parking) is an uninhabited space in a specially designated part of an apartment building or attached to an apartment building in accordance with a construction project, intended for parking vehicles, consisting of parking spaces.

Parking can be part of the common property of a condominium facility or it can be individually (separately) owned.;

16-8) the meeting of owners of apartments, non–residential premises of an apartment building (hereinafter referred to as the meeting) is the supreme management body of a condominium facility that ensures collective discussion and decision–making by owners of apartments, non-residential premises related to the management of the condominium facility and the maintenance of the common property of the condominium facility, by voting;

17) re-equipment - a change in a room (premises) associated with a change in its functional purpose, a complete or partial replacement of the internal system of technological and (or) engineering equipment necessary for life support and operation;

18) redevelopment - a change in the layout of a room (premises) associated with a change in the boundaries of this room (these premises);

18-1) storeroom – a place provided for in the design and estimate documentation of an apartment building, which is not a non-residential building, intended for storing property in compliance with fire safety standards and other requirements, located outside the apartment, which does not have communal engineering systems, as well as a separate entrance group and is individually (separately) owned.;

19) sub–tenant - a party to a sublease agreement for a dwelling that receives a dwelling or part of it from the tenant for use.;

20) office dwelling is a dwelling with a special legal regime provided from the housing stock of a state institution and intended for occupancy by citizens of the Republic of Kazakhstan for the period 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 about social protection;

20-1) excluded by the Law of the Republic of Kazakhstan dated December 26, 2019 No. 284-VI (effective ten calendar days after the date of its first official publication);

21) housing equated to official housing is housing provided from the communal housing stock to civil servants, employees of budgetary organizations, military personnel, cosmonaut candidates, cosmonauts, employees of special state bodies and law enforcement agencies, civil protection agencies, as well as persons holding state elected positions, or from the housing stock of a state enterprise to employees of this a state-owned enterprise;

21-1) housing stock of a state-owned enterprise - dwellings under the jurisdiction of a state-owned enterprise;

21-2) housing stock of a state institution - dwellings under the jurisdiction of state institutions, with the exception of a special state institution for the provision of housing for use;

22) state housing stock – dwellings belonging to communal housing stock, housing stock of state-owned enterprises or housing stock of state institutions and included in the republican or communal property;

22-1) targeted contributions – money contributed by the owners of apartments, non-residential premises, parking spaces, storerooms by decision of the meeting to pay for additional activities not provided for in the annual cost estimates;

23) kandas is an ethnic Kazakh and (or) members of his family of Kazakh nationality who had not previously been citizens of the Republic of Kazakhstan, arrived in their historical homeland and received the appropriate status in accordance with the procedure established by the Law of the Republic of Kazakhstan "On Population Migration";

23-1) parking space – a place for parking a motor vehicle in a parking lot (garage, if available), which is not a non-residential building and is individually (separately) owned;

24) apartment – a separate dwelling, which is part of an apartment building, intended and used for permanent residence;

24-1) 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 by civil servants rotated to another locality.;

24-2) 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).

24-3) service business entity – an individual or a legal entity that provides services for the maintenance of the common property of a condominium facility on the basis of a signed agreement;

25) excluded by the Law of the Republic of Kazakhstan dated 07/22/2011 No. 479-IV (effective after ten calendar days after its first official publication);

26) incomplete family - a family in which children (a child) are raised by one of the parents, including a divorced one;

27) non-residential premises – a separate interior space in an apartment building that complies with construction, sanitary, environmental, fire and other mandatory standards and regulations, provided for at the project stage, the boundaries of which are the internal surfaces of walls, floors and ceilings (interstory ceilings), 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 public service facilities) and individually (separately) owned, except for the common property of the condominium facility.

Parking is classified as non-residential if it is individually (separately) owned.;

28) dwelling is a separate residential unit (an individual apartment building, an apartment, a dormitory room, a modular (mobile) apartment building) intended and used for permanent residence, complying with established building, sanitary, environmental, fire and other mandatory norms and rules.

A modular (mobile) residential building is an object intended and used for the residence of employees of special government agencies, military personnel and their family members, located in closed and isolated military camps, border offices and other closed facilities.;

29) renting a dwelling is the provision of a dwelling or part of it to an employer (tenant) for permanent or temporary possession and use for a fee;

30) a tenancy agreement is a contract according to which the landlord grants the right to use the dwelling or part of it to the tenant for a fee.;

31) privatization of housing is the acquisition by citizens of the housing occupied by them from the state housing stock, carried out in accordance with this Law.;

32) a sublease agreement of a dwelling is an agreement between the parties, according to which the sublease receives the right to use the dwelling or part of it for a fee.;

33) the total area of the dwelling is the sum of the useful area of the dwelling and the areas of balconies (loggias, verandas, terraces), calculated using reducing coefficients in accordance with regulatory and technical acts.;

34) the cost of a dwelling is the market value of the dwelling, determined on the day of the transaction.;

35) the usable area of a dwelling is the sum of the residential and non-residential areas of a dwelling;

36) living area of a dwelling is the sum of the areas of living rooms (bedrooms, living rooms, children's rooms, study rooms, etc.) in a dwelling (apartment), calculated in square meters;

37) non-residential area of a dwelling is the sum of the areas of internal utility rooms (kitchen, bathroom, toilet, hallway, corridor, apartment pantry, etc.) in a dwelling (apartment), calculated in square meters;

38) requisition of a dwelling is the forced removal of a dwelling from the owner in emergency situations by decision of state bodies in accordance with the procedure established by legislative acts of the Republic of Kazakhstan, with payment of the cost of the seized dwelling or other types of compensation that do not contradict legislative acts of the Republic of Kazakhstan.;

39) excluded by the Law of the Republic of Kazakhstan dated December 26, 2019 No. 284-VI (effective ten calendar days after the date of its first official publication);

40) excluded by the Law of the Republic of Kazakhstan dated December 29, 2014 No. 270-V (effective ten calendar days after the date of its first official publication);

40-1) the residual value of the dwelling (hereinafter referred to as the residual value) is the initial cost of the dwelling minus the physical deterioration of the dwelling;

40-2) physical deterioration of a dwelling is the loss of its original technical and operational qualities (strength, stability, reliability, etc.) as a result of exposure to natural, climatic, and other factors;

41) the total area of an apartment building (residential building) is the sum of the total areas of all dwellings and the areas of all non-residential premises, as well as the areas of parts of an apartment building that are common property;

41-1) state support measures aimed at improving housing conditions – a set of measures defined by this Law for state support of citizens of the Republic of Kazakhstan, residents registered in need of housing in the unified republican electronic database, the electronic database "Housing Provision Center";

42) housing and communal services – housing stock, as well as a set of organizations that ensure the maintenance of multi-family residential buildings and engineering and communication infrastructure throughout the life cycle, creating safe and comfortable living conditions (stay);

43) housing assistance is a payment from the local budget provided to low–income families (citizens) to compensate for the difference between the cost of maintaining a single dwelling or part of it, owned or received from the state housing fund, or rented by a local executive body in a private housing fund, and the maximum allowable level of spending by low-income families (citizens) on These objectives are established by local representative bodies, in accordance with the procedure established by this Law.;

43-1) housing stock – dwellings of all forms of ownership located on the territory of the Republic of Kazakhstan;

44) housing and construction cooperative is a non-profit association of individuals for the purpose of building 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 share contributions made, operating until its obligations are fulfilled in accordance with the legislation of the Republic of Kazakhstan;

44-1) the electronic database "Housing Provision Center" is an electronic database containing information about citizens of the Republic of Kazakhstan, persons registered as needing housing by the housing construction savings bank, which has the status of the national development Institute, in accordance with the procedure established by this Law;

44-2) housing certificate is a form of monetary obligation of a local executive body provided to citizens of the Republic of Kazakhstan to cover part of the initial payment on mortgage housing loans when purchasing a home under 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 monetary support to recipients of housing payments from budgetary funds in return for the provision of official housing, as well as in cases provided for in Chapter 13-1 of this Law.;

Housing payments are divided into current and one–time housing payments, monetary compensation in return for the right to free privatization of housing (hereinafter referred to as monetary compensation).

Current housing payments are defined as payments made on a monthly basis in accordance with paragraph 1 of Article 101-4 of this Law.

Lump-sum housing payments are defined as lump-sum payments provided for in paragraph 4 of Article 101-1, paragraphs 2 and 4 of Article 101-9 and paragraph 1 of Article 101-12 of this Law, as well as lump-sum housing payments paid to recipients of housing payments before July 1, 2025.

Monetary compensation is defined as a lump sum payment provided for in articles 101-13 of this Law.;

44-4) recipient of housing payments – an employee of a special government agency and a serviceman (with the exception of a conscript, a serviceman serving in the reserve, a cadet, a student, a cadet, a conscript called up for military training), as well as an employee of a law enforcement agency, a civil protection agency (with the exception of a cadet) who are in a position subject to housing payments to whom housing payments have been assigned, as well as family members of the specified employees and military personnel who died (died) while serving;

45) temporary tenants are citizens who have been granted the right by the tenant (owner of the dwelling, sub-tenant) to temporarily stay in the dwelling without charging them a fee for using the dwelling;

46) authorized body - the central executive body responsible for the management and intersectoral coordination in the field of housing relations and housing and communal services;

47) general house engineering systems – cold and hot water supply, sanitation, heat supply, gas supply, electricity, smoke extraction, fire alarm, internal fire 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 an apartment, non-residential premises, parking spaces, storerooms and serving two (two) or more apartments, non-residential premises, parking space, storerooms;

48) hostel – non-residential premises in an apartment building with a separate entrance group, or a detached building (part of the building) intended and used for temporary residence (stay) of individuals, complying with established building, sanitary, environmental, fire and other mandatory standards and regulations;

49) energy–efficient multi-family residential building is an apartment building built using energy-, resource-saving and energy-efficient technologies and materials corresponding to one of the energy efficiency classes.;

50) excluded by the Law of the Republic of Kazakhstan dated December 26, 2019 No. 284-VI (effective ten calendar days after the date of its first official publication).

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

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases