On approval of the standard form of the real estate pledge agreement in the framework of renovation
Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated April 14, 2026 No. 171. Registered with the Ministry of Justice of the Republic of Kazakhstan on April 17, 2026 No. 38460
In accordance with subparagraph 5-1) of Article 5 of the Law of the Republic of Kazakhstan "On Equity participation in housing Construction", I ORDER:
1. To approve the attached standard form of the real estate pledge agreement as part of the renovation.
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.
Minister of Industry and Construction of the Republic of Kazakhstan
E. Nagaspayev
"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 to the Decree of the Minister of Industry and Construction of the Republic of Kazakhstan on April 14, 2026 No. 171
The standard form of the contract of pledge of real estate in the framework of renovation
city_____________ "___" _____20__ G.____________________________________________________________________, hereinafter referred to as the "Mortgagee", represented by _____________________,acting on the basis of ___________, on the one hand, and ____________, naming_______________ in hereinafter referred to as the "Pledgor", represented by ____________, current__ based on ________________, on the other hand, collectively referred to as the "Parties", guided by the norms of the Law of the Republic of Kazakhstan "On Equity participation in housing construction", Taking into account that the Mortgagor is the owner of the renovation object and (or) the immovable property included in the renovation object, taking into account that the Mortgagee provides the Mortgagor with a guarantee of completion of the construction of an apartment building _______________________ ( next is the Project) under the agreement on the provision of guarantees in housing construction as part of renovation no. ____ from "___"_____________ the year concluded between the Developer, the Authorized Company, the Mortgagee and the Mortgagor, (hereinafter - An agreement on the provision of guarantees within the framework of renovation), ensuring the protection of the interests of shareholders within the framework of renovation, as well as the inviolability of the Project from the claims of creditors of the Developer, the Authorized Company and other third parties, have concluded this Real Estate Pledge Agreement within the framework of renovation (hereinafter referred to as the Agreement) on the following:
The collateral item:
1) a land plot owned by the Mortgagor:(purchase and sale agreement for the purchase of a land plot).Location: _______________________________________________, Area ________ sq.m. M.,Cadastral number ______________________________________________, Land category: _______________________________________________, Purpose of the land plot: ____________________________, Restrictions on the use and encumbrance of the land plot: ______,Divisibility of the land plot: ____________________________________.(in case the collateral is a land plot)
2) property belonging to the Pledgor on the right of private ownership (title documents, identification documents):Type of real estate ______________________________________, Location: ________________________________________________, Area ________ sq. m. (total, usable, living area, if available),Cadastral number ______________________________________________, Number of floors ____ (if available);(if the subject of the pledge is immovable property)
Chapter 1. Subject of the agreement
1. The subject of this Agreement is the transfer of a Pledge Object belonging to the Pledgor by right of ownership to the Pledgee in order to ensure the fulfillment of obligations under the Guarantee Agreement within the framework of renovation.
2. The Pledgor is well aware of all the terms of the Secured Renovation Guarantee Agreement, including the essential terms of the Renovation Guarantee Agreement.:
Project name:
Project amount:
The deadline for commissioning:
Other:
3. The rights of the Pledgor to the Subject of the pledge are confirmed by the following documents:
1) A plot of land with an area of ____ ha, with a cadastral number ____________:
the act on the right of private ownership of the land plot no. ____ of ______, and (or) the cadastral passport of the real estate object No. -_____ of ______, the resolution of the akim of the local executive body on the provision of the land plot No. ____ from ___, the contract of sale of the land plot on the right of ownership no. ___ from __________ city, or land transfer agreement no. ___ of ________;
2) real estate with an area of _______ square meters, with a cadastral number ____________:
technical data sheet for ____ no. ___ from _______, _________ ( the title document on the basis of which the right to immovable property arose) No. ____ of _____
4. The market value of the Collateral Item is _______________ (__________________) tenge.
The specified value, to which the Parties agree, is determined by an independent appraiser according to the Report "On the valuation of real estate" from "_____" __________ _____ year No. _______, provided by ______ "___________________" ( certificate of qualification "Appraiser of real estate", registration number of the year no. _______ from ___ _______ ____).
5. The subject of the pledge remains in the use and possession of the Pledgor, without the right to dispose.
6. The Pledgor hereby guarantees that the Pledged Object is not legally and actually burdened and will not be burdened with the rights of third parties during the entire term of this Agreement, unless otherwise determined by an additional agreement concluded by the Parties.
Chapter 2. Declarations and guarantees
7. The Pledgor confirms and guarantees that:
1) is the rightful and lawful owner of the rights to the Collateral. Prior to the conclusion of this Agreement, the collateral has not been alienated, mortgaged, is not in dispute or under arrest, and is not burdened with the rights of third parties.;
2) the collateral item does not have any properties, as a result of which it may be damaged or damaged.
Chapter 3. Rights and obligations of the parties
8. The Pledgor undertakes to:
1) not to commit actions that lead to deterioration of the condition and decrease in the value of the Collateral;
2) take the necessary measures to protect the Pledged Object from encroachments by third parties;
3) to guarantee to the Pledgee that the Pledged Object will not be re-mortgaged until the fulfillment of the obligation secured by the pledge in full;
4) immediately inform the Pledgee of information about changes that have occurred with the pledged property, about encroachments by third parties on the Pledged Object, about the threat of loss or damage to the Pledged Object.;
5) take all necessary measures to ensure the safety of the Collateral;
6) not to transfer the Pledged Object to a subsequent pledge (not to commit actions to re-pledge the Pledged Object), not to lease, trust management, not to alienate in any other form, or otherwise dispose of the Pledged Object without the written consent of the Pledgee;
7) in time to "___" ______ 20__ to register this Agreement through the NAO "Government for Citizens State Corporation".
To provide the registered pledge agreements to the pledgee in the future;
8) immediately notify the Pledgee in writing of any order, instruction, formal requirement, permission, notice or any other document that concerns or may concern the Pledged Item and has been received by the Pledgor from any third party (including the occurrence of circumstances that threaten the loss of the Pledgor's rights to the Pledged Item and/oror the availability and safety of the Collateral);
9) assist the Pledgee in carrying out inspections (according to documents, as well as the actual availability, safety, condition and operating conditions) of the Pledged Object;
10) bear all costs, including the conclusion, execution and registration of this Agreement.
9. The pledgor has the right to use the Pledged Object in accordance with its purpose.
10. The pledgee has the right to:
1) check the availability, condition and conditions of use of the Collateral Item;
2) require the Pledgor to take measures provided for by the current legislation of the Republic of Kazakhstan necessary to preserve the Pledged Object;
3) act as a third party in a case in which a claim for property that is the Subject of a pledge under this Agreement is being considered.;
4) provide, within 7 (seven) business days, the consent of the Pledgee to register the ownership of immovable property of the Authorized Company with the authorized state body;
11. After the conclusion of this Guarantee Agreement within the framework of the renovation, it is not allowed for the Parties to commit any actions related to the re-mortgage and (or) release from the pledge of the renovation object and/or real estate within the renovation object.
Chapter 4. Liability of the parties
12. The Parties are responsible for non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with the current legislation of the Republic of Kazakhstan.
Chapter 5. Term of the agreement
13. This Agreement is considered concluded and comes into force from the moment of registration in the NAO "Government for Citizens State Corporation", and is valid until the Authorized Company fully fulfills its obligations under the Renovation Guarantee Agreement.
14. The amendment and termination of this Agreement is carried out by mutual agreement of the Parties by concluding an appropriate supplementary agreement / agreement on termination of this Agreement, registered in accordance with the procedure established by the civil legislation of the Republic of Kazakhstan.
Chapter 6. Final provisions
15. The costs of registration and registration of the encumbrance of the rights to the Pledged Object by agreement of the Parties are borne by the Pledgor.
16. All disputes arising in the course of the execution of this Agreement will be preliminarily considered by the Parties in order to work out a mutually acceptable solution. If no agreement is reached, the dispute will be resolved in court in accordance with the current legislation of the Republic of Kazakhstan.
17. All notifications and communications sent by the Parties to each other under this Agreement must be made in writing and signed by an authorized person. Such notifications or messages are considered to have been sent properly if they are sent by registered mail to the address transmitted by fax using the details specified in Chapter 7 of this Agreement.
18. Information on the change of address must be submitted by the Pledgor to the Pledgee within 3 (three) business days from the date of the change of address.
19. Notices sent to the present or amended address are considered to have been delivered to the Pledgor in accordance with the requirements of the legislation of the Republic of Kazakhstan.
20. This Agreement is drawn up in three copies - one copy for each of the Parties, one copy is kept in the ______________.
Chapter 7. Addresses and details of the parties:
The mortgagee:_______________________________
The pledgor:_______________________________________
Signatures of the parties:
The mortgagee:________________________
The pledgor:_________________________
_____________/__________/
____________/___________/
(signed) (Full name) (if any)
(signed) (Full name) (if any)
Place of printing (if available)
Place of printing (if available)
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