Article 62. The right to a land plot of an apartment building and to land plots in other condominium facilities of the Land Code of the Republic of Kazakhstan

Home / RLA / Article 62. The right to a land plot of an apartment building and to land plots in other condominium facilities of the Land Code of the Republic of Kazakhstan

1. The local executive body of the capital, the city of republican, regional significance and the district, when registering a condominium in an apartment building, ensures that the land plot necessary for the placement, operation and maintenance of the condominium facility is included in the common property on a gratuitous basis as an ideal share.

The land plot that is part of the common property of a condominium of an apartment building is indivisible, unless otherwise provided by this Code.

2. The share in the total property of the condominium object due for each apartment, non-residential premises, parking space, storage room belonging to the owner is inseparable from the ownership of the apartment, non-residential premises, parking space, storage room belonging to him. The size of the share in the total property of a condominium object is determined by the ratio of the usable area of an apartment or the area of a non-residential building, parking space, storage room, which are individually (separately) owned, to the sum of the usable areas of all apartments and the areas of all non-residential premises, parking spaces, storerooms located in this condominium object. Such a share may not be allocated in kind (ideal share), unless otherwise provided by this Code.

By a decision of the meeting of owners of apartments, non-residential premises, parking spaces, storerooms of an apartment building, a part of the common property of a condominium facility may be transferred for limited use under a property lease agreement in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

All owners of apartments, non-residential premises, parking spaces, storerooms of an apartment building have equal rights to use the common property of a condominium object, including the land plot of an apartment building, subject to compliance with construction, sanitary, environmental, fire and other mandatory norms and rules, unless otherwise established by this Code and other laws of the Republic of Kazakhstan.

3. A land plot in an apartment building may be provided to the owner of a non-residential building for separate ownership, provided that this land plot is located outside the contour of the apartment building and its use does not contradict the operating conditions of the land plot, which is part of the common property of the condominium facility, as well as construction, sanitary, environmental, fire and other mandatory rules and regulations. If, however, a part of the land plot is used for the operation of non-residential premises, which is associated exclusively with the use of non-residential premises (a land plot that provides access to a separate entrance), then the maintenance costs of this land plot are borne by the owners of such premises.

4. The transfer of ownership of an apartment, an uninhabited parking space, a storage room to another person entails the transfer of the corresponding share in the total property of the condominium object.

5. To manage the condominium facility and the proper maintenance of the building (structure) and land plot, the condominium participants choose the form of management of the condominium facility in accordance with the legislation of the Republic of Kazakhstan.

6. Alienation of the land plot, which is in the common ownership of the participants of the condominium, to third parties is not allowed. The payment of land tax on the land plot jointly owned by the participants of the condominium is carried out in accordance with the procedure and on the terms stipulated by the legislation of the Republic of Kazakhstan.

7. In garage, cottage and other consumer cooperatives, the rules on the condominium apply to the rights of participants to land plots in common ownership.

President

Republic of Kazakhstan

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