Article 31. Formation, State registration and termination of a condominium of the Housing Relations Act

Home / RLA / Article 31. Formation, State registration and termination of a condominium of the Housing Relations Act

1. In an apartment building, if there are two or more owners of apartments, non-residential premises, parking spaces, storerooms, ownership of real estate arises in the form of a condominium.

The condominium facility is subject to state registration in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

In the condominium facility, 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, including a single indivisible land plot on the right of common shared ownership.

2. The design and estimate documentation for an apartment building indicates the area of non-residential premises transferred to the common property of the condominium facility.

The customer (developer) of an apartment building is obliged to ensure the 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 sale of apartments, non-residential premises, parking spaces, storerooms in individual (separate) ownership.

The sale of unregistered apartments, non-residential premises, parking spaces, and storerooms into individual (separate) ownership is not allowed.

The customer (developer) of an apartment building is obliged, within six months from the date of registration of the apartment building, to ensure the gratuitous transfer of external engineering networks and structures of the 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 facility 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. In this case, the right of land use to a land plot provided to the customer (developer) for the construction of this multi-apartment building or privately owned by the customer (developer) is subject to termination in connection with the inclusion of the land plot in the common property of the condominium facility.

According to the design estimates, the parking lot is located in a specially designated part of an apartment building or can be attached to an apartment building.

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

The customer (developer) carrying out the construction or reconstruction of an apartment building is obliged, within thirty calendar days after the owners of apartments, non-residential premises choose the form of management of the condominium object or the entity managing the condominium object, when the owners of apartments, non-residential premises choose the form of management of the condominium object in the form of direct joint management, to transfer on paper and (or) electronic media according to the act of acceptance and transfer:

copies of the design and estimate documentation of an apartment building certified by the design organization, which received a positive conclusion from a comprehensive non-departmental expert examination.;

copies of the positive conclusion of the comprehensive non-departmental expert 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 with mandatory appendices;

a copy of the title document for the land plot;

passports of technological equipment (operating instructions) of an apartment building.

An inventory list of the common property of the condominium object must be attached to the act of acceptance and transfer from the customer (developer) carrying out the construction or reconstruction of an apartment building to the association of property owners or the entity managing the condominium object 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.

If there is no form of management of the condominium object or the entity managing the condominium object in an apartment 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 apartment building, transfers the information specified in part eight of this submit documents on paper and (or) electronic media according to the act of acceptance and transfer to the housing inspectorate.

3. The state registration of a condominium facility of an apartment building put into operation is carried out by the customer (developer) engaged in the construction or reconstruction of an apartment building, in accordance with paragraph 2 of this article, no later than thirty calendar days from the date of state registration of ownership by the first owner of the apartment, non-residential premises, parking space, storage rooms 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 Immovable Property".

During the state registration of a condominium facility, the customer (developer) engaged in the construction or reconstruction of an apartment building is required to include all property (including parking, if any) provided for in the design and estimate documentation of the apartment building in the common property of the condominium facility.

4. Local executive bodies of cities of republican significance, the capital, districts, cities of regional significance, at the expense of the local budget, provide a state technical inspection of functioning multi-apartment residential buildings with the preparation of an inventory list of common property of a condominium facility, as well as the formation and submission of documents for state registration of a condominium facility in accordance with the Law of the Republic of Kazakhstan "On State Registration of Rights for real estate".

5. The state registration of a condominium facility in functioning multi-apartment residential buildings is carried out at the request of an initiative group consisting of at least two owners of apartments, non-residential premises, parking spaces, storerooms, the chairman of the association of property owners or at the request of a local executive body.

6. During the state registration of a condominium object, the following are indicated:

the total area of an apartment building, including the land plot for an apartment 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 an attached land plot is carried out by decision of the local executive body of the capital, city of republican, regional significance and district when submitting an application from:

an initiative group consisting of at least two owners of apartments, non-residential premises, parking spaces, storerooms, based on a decision of the meeting;

Chairman of the association of property owners;

the entity managing the condominium facility.

7. A change in the composition of the common property of a condominium object and (or) the size of the shares of owners of apartments, non-residential premises, parking spaces, storerooms in the common property of a condominium object as a result of a change 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 is subject to state registration.

When the identification characteristics of a condominium object change, changes to the title and identification documents are made at the expense of the person who initiated the change.

8. Prior to the state registration of the condominium object, transactions with the common property of the condominium object do not acquire legal force, except in cases when the transaction with a share in the common property is considered completed when making a transaction with property in individual (separate) ownership.

The alienation of the common property of a condominium facility in accordance with the stipulated design and estimate documentation for an apartment building into individual (separate) ownership is not allowed.

The sale into individual (separate) ownership of an apartment building that is not reflected in the act of acceptance of the facility into operation and design estimates, as well as apartments, non-residential premises, parking spaces, storerooms that are not registered in the condominium facility is not allowed (except for the sale of the first apartment, non-residential premises, parking space, storerooms).

If these requirements are not met, the concluded transaction is considered void.

9. The right of ownership in the form of a condominium is terminated in the following cases::

transfer of ownership rights to all apartments, non-residential premises, parking spaces, storerooms in total to one owner;

compulsory alienation of a land plot under an apartment building for state needs;

damage (destruction) of an apartment building and its recognition as an emergency.

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

President

Republic of Kazakhstan

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