Article 78. Pledge of a land plot or the right of land use of a land plot on which there are buildings (structures, structures) of the Land Code of the Republic of Kazakhstan
1. The pledge of a building (structure, structure) located on a divisible land plot means that at the same time a part of the divisible land plot or the right of land use to a part of the divisible land plot that is occupied by the building (structure, structure) and is necessary for its maintenance is pledged, unless the agreement of the parties provides more than the specified part of the land plot or the right of land use for a part of the land plot or the entire land plot or the right of land use for the entire land plot.
The pledge of a building (structure, structure) located on an indivisible land plot or on a land plot specially designed for servicing real estate located on it means that the entire land plot or the right of land use to the entire land plot is simultaneously pledged.
When pledging buildings (structures, structures), the value of the relevant land plot or its divisible part or the right of land use to the land plot or its divisible part must be taken into account.
2. If buildings (structures, structures) that are in common ownership (other common property right) are located on an indivisible land plot, the pledge of the building (structure, structure) means that at the same time the land plot necessary for the location, maintenance and operation of the building (structure, structure) is transferred as collateral. If the subject of the pledge in these cases is a part of a building (structure, structure) allocated in accordance with the procedure established by the legislation of the Republic of Kazakhstan, or a share in the right to common property, the pledge is simultaneously established for a share in the land plot corresponding to the area of the part of the building (structure, structure) pledged. The pledge of the premises located in the condominium facility means that at the same time the subject of the pledge is a share in the common property and land, determined in accordance with the legislation of the Republic of Kazakhstan regulating relations between the participants of the condominium.
3. State land users have the right to pledge the right of permanent land use belonging to them only if they pledge buildings (structures, structures) located on this land plot and in that part of it occupied by this building (structure, structure) and intended for its maintenance (paragraph 2 of Article 39 of this Code The Code).
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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