Article 21. Acceptance of documents for state registration of rights to immovable property The Law on State Registration of Rights to Immovable Property

Home / Laws / Article 21. Acceptance of documents for state registration of rights to immovable property The Law on State Registration of Rights to Immovable Property

1. The state registration of rights to immovable property is carried out on the basis of an application from the rightholder, the parties (participants) to the transaction, the state body (its authorized representative) or other authorized persons submitted to the registration authority.

2. For state registration, the applicant (the authorized representative of the applicant) must present an identity document and submit the following documents:

1) application for state registration of the established sample;

2) a title document confirming the object of registration. In case of registration of the right (encumbrance) to a land plot, an identification document for the land plot is submitted. In case of assignment of rights (claims) under contracts of pledge of immovable property, an agreement on assignment of rights (claims) (an agreement on simultaneous transfer of assets and liabilities) is submitted;

3) a document confirming payment for the state registration of rights to immovable property.

2-1. The registering authority receives information that is state digital resources necessary for the state registration of rights to immovable property from the relevant state digital systems in the form of electronic documents certified by electronic digital signatures.

3. In addition to the documents specified in paragraph 2 of this Article, legal entities shall submit minutes of meetings (extracts from them) of the founders (participants, board of directors, board of shareholders) for the acquisition or alienation of real estate in cases provided for by the laws of the Republic of Kazakhstan or constituent documents. Foreign legal entities shall submit a legalized extract from the commercial register or other legalized document certifying that the foreign legal entity is a legal entity under the legislation of a foreign state, with a notarized translation into the official language and, if necessary, into Russian.

3-1. If the application for registration contains information that the total book value of assets being acquired or sold exceeds the amounts established by the legislation of the Republic of Kazakhstan in the field of competition protection, the applicant, in addition to the documents specified in paragraphs 2 and 3 of this article, shall submit the prior written consent of the antimonopoly authority.

3-2. In the case of compulsory alienation of a land plot or other immovable property in connection with the seizure of a land plot for state needs, registration of the termination of the rights of the owner of the seized property and the emergence of State rights is carried out on condition that the applicant submits to the registering authority a document confirming the payment of compensation.

4. If the transaction is not notarized, the registering authority is obliged to verify the authenticity of the signatures of the persons who made the transaction (their authorized representatives), their legal capacity, as well as the compliance of their will with the will.

This requirement does not apply to pledge agreements concluded to secure a bank loan agreement and a micro-loan agreement.

5. If there are several applications for state registration of the same right (encumbrance of right) in respect of the same real estate object, the priority of the application is determined in accordance with this Law and legislative acts of the Republic of Kazakhstan.

6. The provisions of this article shall not apply to electronic registration.

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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