Article 60. The specifics of an individual's mortgage loan under the Law on Banks and Banking Activities in the Republic Kazakhstan

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1. Prior to the conclusion of a mortgage loan agreement with an individual not related to the conduct of business, the bank, in accordance with subparagraph 2) paragraph 2 of Article 57 of this Law is obliged to conduct an assessment of the borrower's creditworthiness (solvency) in accordance with the bank's internal documents aimed at determining:

1) the borrower's ability to fulfill obligations under the mortgage loan agreement, confirmed by one of the following documents at the discretion of the bank:

an extract of the unified accumulative pension fund from an individual pension account for the last six months;

a certificate of income from the place of work for the last six months;

other documents reflecting the borrower's ability to fulfill obligations under a mortgage loan agreement with an individual that is not related to business activities, in accordance with the bank's internal documents and procedures.;

2) the presence or absence of the borrower's credit history for the last six months;

3) the presence or absence of arrears in taxes and other mandatory payments to the budget;

4) the presence or absence of debt owed to third parties, reflected in the credit report.

The assessment of the borrower's creditworthiness (solvency) should also take into account information about an individual acting under a mortgage loan agreement to an individual who is not related to business activities as a co-borrower (a person jointly and severally responsible for fulfilling obligations to repay a mortgage loan).

The Bank is not responsible for providing the borrower (co-borrower) with false information for the bank to assess the borrower's creditworthiness (solvency) provided for in this paragraph.

2. A bank is prohibited from providing a mortgage loan in foreign currency to an individual if the said individual does not have income in the corresponding foreign currency during the six consecutive months preceding the date of the individual's application to the bank.

3. The Bank is prohibited from demanding payment of remuneration, penalties (fines, penalties), as well as commissions and other payments related to the issuance and (or) servicing of a mortgage loan to an individual accrued after one hundred and eighty consecutive calendar days of delay in fulfilling obligations to repay any of the payments for the amounts of the principal debt and (or) remuneration. for the specified loan.

4. In cases of transfer of a dwelling that ensured the fulfillment of obligations under a mortgage loan by an individual to the ownership of a bank and the absence of a borrower (mortgagor) belonging to socially vulnerable segments of the population in accordance with the Law of the Republic of Kazakhstan "On Housing Relations", such a borrower (mortgagor) has the right to own another dwelling within thirty calendar days from the date of transfer of housing to the ownership of the bank to apply to the bank for the transfer of such housing for rent (property lease) to the borrower (mortgagor) on the basis of a property lease agreement, including with the condition of its redemption.

5. The Bank, within fifteen calendar days after the date of receipt of the application provided for in paragraph 4 of this Article, shall review it and inform the borrower (mortgagor) of one of the following decisions:

1) consent to the conclusion of a property lease agreement for a dwelling with or without the condition of its purchase;

2) the refusal to conclude a contract of property lease (lease) of a dwelling in the presence of one of the following grounds:

provision by the applicant of false data (information) about belonging to the category of socially vulnerable segments of the population;

the applicant's inability to pay rent due to lack of sources of income;

bankruptcy of the applicant;

the applicant's right of ownership of the dwelling.

6. In case of conclusion of a lease agreement between the bank and the borrower (mortgagor) with the condition of foreclosure of the dwelling, the right of ownership of the dwelling is transferred to the borrower (mortgagor) after the borrower (mortgagor) has made the last lease payment or full early repayment of the cost of the dwelling, as defined in the lease agreement.

7. The housing lease agreement is terminated prematurely at the request of the bank in the event of a delay in the fulfillment by the borrower (mortgagor) of obligations under the housing lease agreement for a period of more than ninety consecutive calendar days.

In this case, the bank is prohibited from demanding payment of penalties (fines, penalties) for payments overdue under the housing lease agreement.

8. The rights and obligations of the bank and the borrower, an individual, established by this Law in relation to a mortgage loan agreement not related to entrepreneurial activity, also apply to bank loan agreements with an individual not related to entrepreneurial activity secured by a pledge of rights (claims) under a contract on equity participation in housing construction.

9. The requirements established by this article apply to branches of non–resident banks of the Republic of Kazakhstan and organizations engaged in certain types of banking operations.

The Law of the Republic of Kazakhstan dated January 16, 2026 No. 258-VIII SAM.

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Republic of Kazakhstan

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