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On approval of the Rules for registration of pledge of shares in an apartment building or a complex of individual residential buildings

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On approval of the Rules for registration of pledge of shares in an apartment building or a complex of individual residential buildings

Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated April 21, 2026 No. 190. Registered with the Ministry of Justice of the Republic of Kazakhstan on April 28, 2026 No. 38557

  In accordance with subparagraph 11-5) of Article 5 of the Law of the Republic of Kazakhstan "On Equity participation in housing Construction" and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On State and Socially Responsible Services", I ORDER:

     1. To approve the Rules for Registering the Pledge of Shares in an apartment building or a complex of individual residential buildings (hereinafter referred to as the Rules) in accordance with Appendix 1 to this order.

     2. The Committee on Construction and Housing and Communal Services of the Ministry of Industry and Construction of the Republic of Kazakhstan, in accordance with the procedure established by law, shall ensure:

     1) the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

     2) posting of this order on the Internet resource of the Ministry of Industry and Construction of the Republic of Kazakhstan after its official publication.

     3. Control over the execution of this order is entrusted to the supervising Vice Minister of Industry and Construction of the Republic of Kazakhstan.

     4. This order shall enter into force upon the expiration of ten calendar days after the date of its first official publication.

     5. To establish that from July 12, 2026:

     subparagraph 6) of paragraph 2 of the Rules is valid in the following wording:

     "6) the state service for access control to personal data is a service that provides information interaction between owners and (or) operators, third parties with the personal data subject and the authorized body when accessing personal data contained in digital objects of state bodies and (or) state legal entities, including obtaining consent from the personal data subject collection, processing of personal data or their transfer to third parties;";

     Paragraphs 11 and 12 of the Rules apply as follows:

     "11. The service provider ensures that data on the stage of provision of public services is entered into the digital monitoring system for the provision of public services in accordance with the procedure established by the authorized body in the field of informatization in accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law on Public Services.

     12. Information on the procedure for the provision of public services, as well as amendments and (or) additions to subordinate regulatory legal acts defining the procedure for the provision of public services, is sent by the authorized body for Architecture, Urban Planning and Construction to a Single contact Center, in accordance with subparagraph 13) of Article 10 of the Law on Public Services, as well as local executive bodies of the regions. and cities of regional significance, the capital and the operator of the "digital government", which accept applications and issue the results of the provision of public services.";

     Appendix 1 to the Rules is valid as amended in accordance with Appendix 2 to this order.

 

Acting Minister of Industry and Construction of the Republic of Kazakhstan

K. Kazhkenov

 

     "APPROVED" by the Ministry of Artificial Intelligence and Digital Development of the Republic of Kazakhstan

     "APPROVED" by the Ministry of Finance of the Republic of Kazakhstan

     "APPROVED" by the Ministry of National Economy of the Republic of Kazakhstan

 

 

Appendix 1 to the Order of the Acting Minister of Industry and Construction of the Republic of Kazakhstan on April 21, 2026 No. 190

 

Rules for registration of pledge of shares in an apartment building or a complex of individual residential buildings

Chapter 1. General provisions

     1. These Rules for Registering the pledge of Shares in an apartment building or a complex of individual residential buildings (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 11-5) of Article 5 of the Law of the Republic of Kazakhstan "On Equity Participation in Housing Construction" (hereinafter referred to as the Law) and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On State and Socially responsible Services" (hereinafter referred to as the Law on Public Services) and determine the procedure for registering the pledge of shares in an apartment building or a complex of individual residential buildings.

     2. The following basic concepts are used in these Rules:

     1) service provider – local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of regional significance, towns, villages, rural districts;

     2) service recipient – the mortgagee submitting the application for registration of the pledge to the service provider;

     3) the unified information system of equity participation in housing construction (hereinafter referred to as the System) is an information system designed to systematize and record equity participation agreements in housing construction and information on the assignment of claims under them;

     4) share – an apartment or non-residential premises in an apartment building, or an individual residential building with a plot of land in a complex of individual residential buildings, transferred to a co-owner in accordance with an agreement on equity participation in housing construction and (or) to a co-owner as part of renovation in accordance with an agreement on equity participation in housing construction as part of renovation, included in a built multi-apartment residential building or a complex of individual residential buildings;

     5) the authorized body in the field of equity participation in housing construction (hereinafter referred to as the authorized body) is the central executive body responsible for management, as well as, within its competence, intersectoral coordination in the field of equity participation in housing construction;

     6) the state service for access control to personal data is a service that provides information interaction between owners and (or) operators, third parties with the subject of personal data and the authorized body when accessing personal data contained in the objects of informatization of state bodies and (or) state legal entities, including obtaining consent from the subject of personal data to collect processing of personal data or their transfer to third parties.

Chapter 2. The procedure for registering the pledge of shares in an apartment building or a complex of individual residential buildings

     3. Registration of the pledge of shares in an apartment building or a complex of individual residential buildings is a public service and is provided by the service provider.

     The list of basic requirements for the provision of public services (hereinafter referred to as the List) is given in Appendix 1 to these Rules.

     4. Registration of the pledge of shares in an apartment building or a complex of individual residential buildings is carried out on the basis of an electronic application from the service recipient with the attachment of the documents provided for in paragraph 10 of the List submitted through the System.

     The service recipient's application for registration of the pledge of shares in an apartment building or a complex of individual residential buildings includes the personal data of the pledgor, the data of the pledgee and information about the pledge. Personal data is collected and processed by the owner and/or operator, as well as by a third party with the consent of the subject or his legal representative in accordance with the procedure determined by the authorized body.

     The personal data of the pledgor in the System is obtained through the state service for access control to personal data in accordance with paragraph 6 of the Rules of Operation of the state service for access control to personal data approved by the order of the Minister of Digital Development., Innovation and Aerospace Industry of the Republic of Kazakhstan dated April 29, 2022 No. 144/NK "On Approval of the Rules of Operation of the State Service for Access Control to Personal Data" (registered in the Register of State Registration of Regulatory Legal Acts for No. 27963).

     5. The term for rendering public services is 1 (one) business day from the moment of registration of the application in the System.

     The system registers the application on the day it is received. If the service recipient applies after the end of working hours, on weekends and holidays, according to the labor legislation of the Republic of Kazakhstan, the application is accepted and the result of the provision of public services is issued on the following business day.

     6. After registration of the application and the attached documents, the service provider verifies their completeness within 1 (one) business day from the moment of receipt of the documents of the service recipient.

     7. If the information in the application is accurate and the submitted documents for the provision of public services are complete, the service provider registers the pledge agreement in the System. When registering a pledge agreement, the service provider signs, and the System automatically generates and sends an extract on the registration of a pledge of a share in an apartment building or a complex of individual residential buildings, in accordance with Appendix 2 to these Rules, to the service recipient's personal account in the System and to the pledgor's email address.

     In cases where the service recipient submits an incomplete package of documents in accordance with paragraph 10 of the List and/or expired documents, the service provider refuses to accept the application.

     8. Registration of changes and (or) additions to the terms of the pledge agreement, termination of the pledge, correction of technical errors made during the registration of the pledge of shares, is carried out on the basis of the request of the service recipient with the attachment of the relevant documents provided for in paragraph 10 of the List.

     9. The deadline for the provision of public services for registration of amendments and (or) additions to the terms of the pledge agreement, termination of the pledge, correction of technical errors made during the registration of the pledge of shares is 1 (one) business day from the date of registration of the application in the System.

10. The procedure for consideration by the service provider of an application for registration of amendments and (or) additions to the terms of the pledge agreement, termination of the pledge, correction of technical errors made during registration of the pledge of shares, is carried out in accordance with the procedure provided for in paragraph 6 of these Rules.

     If the information in the application is accurate and the documents submitted for registration are complete, the service provider registers changes and (or) additions to the terms of the pledge agreement, termination of the pledge, and correction of technical errors made during the registration of the pledge of shares through the System.

     When registering changes and (or) additions to the terms of the pledge agreement, correcting technical errors made during the registration of the pledge of shares, the service provider signs, and the System automatically generates and sends an extract on the registration of the pledge of shares in an apartment building or a complex of individual residential buildings in accordance with Appendix 2 to these Rules, to the personal account of the service recipient in To the System and to the pledgor's email address.

     Upon termination of the pledge, the service provider signs, and the System automatically generates and sends an extract on de-registration of the pledge of a share in an apartment building or a complex of individual residential buildings in accordance with Appendix 4 to these Rules, to the personal account of the service recipient in the System and to the e-mail of the pledgor.

     If there are inconsistencies in the information of the application and (or) incompleteness of the submitted documents for registration of changes and (or) additions to the terms of the pledge agreement, termination of the pledge, correction of technical errors made during registration of the pledge of shares, the service provider issues a reasoned refusal in accordance with Annex 3 to these Rules on the grounds provided for in paragraph 11 of the List, not later than 1 (one) business day following the day of receipt of the application in the System.

     11. The service provider ensures that data on the stage of rendering public services is entered into the information system for monitoring the provision of public services in accordance with the procedure established by the authorized body in the field of informatization in accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law on Public Services.

     12. Information on the procedure for the provision of public services, as well as amendments and (or) additions to subordinate regulatory legal acts defining the procedure for the provision of public services, is sent by the authorized body for Architecture, Urban Planning and Construction to a Single contact Center, in accordance with subparagraph 13) of Article 10 of the Law on Public Services, as well as local executive bodies of the regions. and cities of regional significance, the capital, and the operator of the electronic government information and communication infrastructure, those who accept applications and issue the results of the provision of public services.

Chapter 3. Procedure for appealing decisions, actions (inaction) of a service provider on the provision of public services

     13. Consideration of a complaint regarding the provision of public services is carried out by a higher administrative body, an official, an authorized body for the assessment and control of the quality of public services (hereinafter referred to as the body reviewing the complaint).

     The complaint is submitted to the service provider and/or the official whose decision, action (inaction) is being appealed.

     14. The service provider, the official whose decision, action (inaction) is being appealed, shall forward it and the administrative case to the body reviewing the complaint no later than 3 (three) business days from the date of receipt of the complaint.

     At the same time, the service provider, the official whose decision, action (inaction) is being appealed, does not send a complaint to the body reviewing the complaint if, within 3 (three) business days, he makes a decision or other administrative action that fully meets the requirements specified in the complaint.

     Unless otherwise provided by the laws of the Republic of Kazakhstan, an appeal to the court is allowed after a pre-trial appeal, in accordance with paragraph 5 of Article 91 of the Administrative Procedural Code of the Republic of Kazakhstan.

     15. The complaint of the service recipient received by the service provider, in accordance with paragraph 2 of Article 25 of the Law on Public Services, is subject to consideration within 5 (five) business days from the date of its registration.

     The complaint of the service recipient received by the authorized body for the assessment and control of the quality of public services is subject to consideration within 15 (fifteen) working days from the date of its registration.

 

 

Appendix 1 to the Rules for the provision of public services "Registration of collateral for shares in an apartment building or a complex of individual residential buildings"

 

 

Download

The list of basic requirements for the provision of public services "Registration of the pledge of shares in an apartment building or a complex of individual residential buildings"

1

Name of the public service

Registration of the pledge of shares in an apartment building or a complex of individual residential buildings

2

Name of the service provider

Local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of regional significance, towns, villages, rural districts

3

Name of the subspecies (if any) of the public service

1. Registration of the pledge of shares; 2. Registration of amendments and (or) additions to the terms of the pledge agreement; 3. Termination of the pledge of shares; 4. Correction of technical errors made during the registration of the pledge of shares.

4

Methods of providing public services and their subspecies (if any)

The object of informatization is the unified information system of equity participation in housing construction (hereinafter referred to as the System) www.qazreestr.kz

5

The duration of the provision of public services and their subspecies (if any)

The public service is provided no later than 1 (one) business day following the day of receipt of the application in the System.

6

The form of public service provision and its subspecies (if any)

Electronic (partially automated)

7

The result of the provision of public services and their subspecies (if any)

1) an extract on the registration of a pledge of a share (amendments and (or) additions to the terms of the pledge agreement, corrections of technical errors) in an apartment building or a complex of individual residential buildings; 2) an extract on the de-registration of a pledge of a share in an apartment building or a complex of individual residential buildings; 3) notification of a reasoned refusal to register a pledge shares in an apartment building or a complex of individual residential buildings.

8

The amount of the fee charged to the service recipient for the provision of public services and their subspecies (if any), and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan

Is free.

9

The schedule of the service provider and information objects

1) the service provider – from Monday to Friday, in accordance with the established work schedule, except for weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan with a lunch break; 2) The system – around the clock, except for technical interruptions in connection with repairs (if the applicant applies after the end of working hours, on weekends and public holidays according to the labor legislation of the Republic of Kazakhstan, the application is accepted and the results of the provision of public services are issued on the following business day).

10

List of documents and information required from the service recipient for the provision of public services and their subspecies (if any)

1. Registration of collateral:1) an application for registration of a pledge of shares in an apartment building or a complex of individual residential buildings; 2) an electronic pledge agreement.2. Registration of amendments and (or) additions to the terms of the pledge agreement:1) an application for registration of amendments and (or) additions to the terms of the pledge agreement; 2) an electronic supplementary agreement to the pledge agreement.3. Termination of the pledge:1) an application for termination of the pledge of shares in an apartment building or a complex of individual residential buildings; 2) an electronic document confirming the termination of the pledge.4. Correction of technical errors made during registration of the pledge of shares:1) an application for correction of technical errors made during registration of the pledge of shares.

11

Grounds for refusal to provide public services and their subspecies (if any), established by the laws of the Republic of Kazakhstan

1) establishing the unreliability of documents submitted by the service recipient to receive a public service and (or) the data (information) contained therein; 2) non-compliance of the service recipient and (or) the submitted materials, objects, data and information necessary for the provision of public services with the requirements established in these Rules; 3) in relation to the service recipient has a court decision (verdict) that has entered into legal force prohibiting activities or certain types of activities., 4) in respect of the service recipient, there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right related to receiving a public service.5) the absence of the consent of the pledgor, provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On Personal Data and their Protection", for access to personal data of limited access, which are required for the provision of public services.

12

Other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form

The recipient of the service has the opportunity to receive public services in electronic form through the System, subject to the availability of an electronic digital signature.

 

 

 

Appendix 2 to the Rules for the provision of public services "Registration of collateral for shares in an apartment building or a complex of individual residential buildings"

 

Form

 

     __________________________________________________________________the name of the authority

Statement of registration of the pledge of a share in an apartment building or a complex of individual residential buildings

Appendix 2 to the Rules for the provision of public services "Registration of collateral for shares in an apartment building or a complex of individual residential buildings"

 

Form

 

     __________________________________________________________________the name of the authority

Statement of registration of the pledge of a share in an apartment building or a complex of individual residential buildings

     Registration number:Registration date:Information about the pledgor (about the authorized person of the pledgor):_______________________________________________________________(details of the pledgor or the authorized person of the pledgor)Information about the mortgagee:_______________________________________________________________(details of the pledgee)Place of conclusion of the pledge agreement: ________________________________Number and date of the pledge agreement: __________________________Description of the collateral item (list and description of the property): ________Monetary equivalent of the obligation, secured by collateral: _________Duration of the obligation secured by the pledge: _________________ The mortgaged property remains in possession and use: __________The admissibility of the mortgagor's use of the mortgaged property: ____Number and date of conclusion of the supplementary agreement to the pledge agreement (if any): ______________Information about the electronic digital signature

 

 

Appendix 3 to the Rules for the provision of public services "Registration of collateral for shares in an apartment building or a complex of individual residential buildings"

 

Form

 

     _________________________________________________________________the name of the authority

Notification of a reasoned refusal to register a deposit in an apartment building or a complex of individual residential buildings

     Unique application number: _____________________________________ Date: __________________Grounds for refusal: ___________________________________________________________________________________________________________________________________________________________________( the text of the reasoned refusal with references to the articles of the law)Information about the electronic digital signature:

 

 

Appendix 4 to the Rules for the provision of public services "Registration of collateral for shares in an apartment building or a complex of individual residential buildings"

 

Form

 

     ___________________________________________________________________the name of the authority

Statement on de-registration of a pledge of a share in an apartment building or a complex of individual residential buildings

     Registration number:Registration date:Grounds for termination of the pledge agreement ______________ ( information about the agreement):_________________________________________________________________(text on de-registration of the pledge of shares)Information about the electronic digital signature:

 

 

Appendix 2 to the Order of the Acting Minister of Industry and Construction of the Republic of Kazakhstan on April 21, 2026 No. 190

 

Appendix 1 to the Rules for the provision of public services "Registration of collateral for shares in an apartment building or a complex of individual residential buildings"

 

 

Download

The list of basic requirements for the provision of public services "Registration of the pledge of shares in an apartment building or a complex of individual residential buildings"

1

Name of the public service

Registration of the pledge of shares in an apartment building or a complex of individual residential buildings

2

Name of the service provider

Local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of regional significance, towns, villages, rural districts

3

Name of the subspecies (if any) of the public service

1. Registration of the pledge of shares; 2. Registration of amendments and (or) additions to the terms of the pledge agreement; 3. Termination of the pledge of shares; 4. Correction of technical errors made during the registration of the pledge of shares.

4

Methods of providing public services and their subspecies (if any)

Digital object is a unified information system for equity participation in housing construction (hereinafter referred to as the System) www.qazreestr.kz

5

The duration of the provision of public services and their subspecies (if any)

The public service is provided no later than 1 (one) business day following the day of receipt of the application in the System.

6

The form of public service provision and its subspecies (if any)

Electronic (partially digitized)

7

The result of the provision of public services and their subspecies (if any)

1) an extract on the registration of a pledge of a share (amendments and (or) additions to the terms of the pledge agreement, corrections of technical errors) in an apartment building or a complex of individual residential buildings; 2) an extract on the de-registration of a pledge of a share in an apartment building or a complex of individual residential buildings; 3) notification of a reasoned refusal to register a pledge shares in an apartment building or a complex of individual residential buildings.

8

The amount of the fee charged to the service recipient for the provision of public services and their subspecies (if any), and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan

Is free.

9

The schedule of the service provider and information objects

1) the service provider – from Monday to Friday, in accordance with the established work schedule, except for weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan with a lunch break; 2) The system – around the clock, except for technical interruptions in connection with repairs (if the applicant applies after the end of working hours, on weekends and public holidays according to the labor legislation of the Republic of Kazakhstan, the application is accepted and the results of the provision of public services are issued on the following business day).

10

List of documents and information required from the service recipient for the provision of public services and their subspecies (if any)

1. Registration of collateral:1) an application for registration of a pledge of shares in an apartment building or a complex of individual residential buildings; 2) an electronic pledge agreement.2. Registration of amendments and (or) additions to the terms of the pledge agreement:1) an application for registration of amendments and (or) additions to the terms of the pledge agreement; 2) an electronic supplementary agreement to the pledge agreement.3. Termination of the pledge:1) an application for termination of the pledge of shares in an apartment building or a complex of individual residential buildings; 2) an electronic document confirming the termination of the pledge.4. Correction of technical errors made during registration of the pledge of shares:1) an application for correction of technical errors made during registration of the pledge of shares.

11

Grounds for refusal to provide public services and their subspecies (if any), established by the laws of the Republic of Kazakhstan

1) establishing the unreliability of documents submitted by the service recipient to receive a public service and (or) the data (information) contained therein; 2) non-compliance of the service recipient and (or) the submitted materials, objects, data and information necessary for the provision of public services with the requirements established in these Rules; 3) in relation to the service recipient has a court decision (verdict) that has entered into legal force prohibiting activities or certain types of activities., 4) in respect of the service recipient, there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right related to receiving a public service.5) the absence of the consent of the pledgor, provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On Personal Data and their Protection", for access to personal data of limited access, which are required for the provision of public services.

12

Other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form

The recipient of the service has the opportunity to receive a public service in digital form through the System, subject to the availability of an electronic digital signature.

 

 

 

 

 

 

 

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