On approval of the standard form of the renovation agreement within the framework of the guarantee
Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated April 1, 2026 No. 133. Registered with the Ministry of Justice of the Republic of Kazakhstan on April 3, 2026 No. 38298
In accordance with subparagraph 3-2) 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 renovation agreement within the framework of the guarantee.
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
Attachment to the Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated April 1, 2026 No. 133
The standard form of the renovation agreement within the framework of the guarantee
city ________________ "___" ______ 20___ year
A single housing construction operator (hereinafter referred to as – A single operator), on whose behalf it acts __________________________, acting on the basis of __________ on the one hand, ________________, hereinafter referred to as the "Developer", on whose behalf he acts___________________, acting on the basis of ____________, on the other hand, ________________________, hereinafter referred to as the "Authorized Company", on whose behalf it acts _______________________, acting on the basis of __________, on the third hand, hereinafter collectively referred to as the "Parties", and separately as the "Party", In accordance with the requirements of the Law of the Republic of Kazakhstan "On Equity Participation in Housing Construction" (hereinafter referred to as the Law), we have concluded this renovation agreement under the guarantee (hereinafter referred to as the Agreement) on the following.
Chapter 1. Subject of the agreement
1. The subject of this Agreement is cooperation and interaction between the parties aimed at implementing mechanisms for the renovation of dilapidated and/or dilapidated housing in the city. ___________.
2. As part of the renovation of dilapidated and/or dilapidated housing, it is assumed that a Single Operator will provide guarantees of equity participation in housing construction as part of the renovation, demolition of dilapidated and/or dilapidated housing, and construction of an apartment building.
3. Renovation of dilapidated and/or dilapidated housing is carried out at the Renovation Facility, determined by the resolution of the Akimat of the city ______________ №__ from "___" __________ 20___ the year located at: ___________ ( next is the Renovation Object). A project is being developed for these purposes. _____________________, which must meet the following characteristics:
1) the area of the land plot on which the Project will be built is at least ________;
2) building area – __________;
3) indicative cost of the Project – ____________;
4) indicative number of floors – ______________;
5) Comfort class – ____________;
6) indicative total area – ____________;
7) indicative volume of the building – ____________;
8) indicative living area – ____________;
9) indicative area of non-residential premises – ____________;
10) indicative parking area – ____________;
11) indicative area of the balcony, loggia – ____________;
12) indicative number of apartments – ____________;
one-room apartments – _________, with a total area of __ to __ sq.m.;
two-room apartments – _________, with a total area of __ to __ sq.m.;
three-room apartments – _________, with a total area of __ to __ sq.m.;
four–room apartments - ______, with a total area of __ to __ sq.m.;
13) indicative number of rooms, rooms – ____________;
14) the foundation – ____________;
15) walls – ____________;
16) roof – ____________;
17) the facade – ____________;
18) type of heating – ____________;
4. The Single Operator undertakes to join the electronic agreement on the provision of a guarantee of equity participation in housing construction if the Developer and the Authorized Company fulfill the following conditions within 3 (three) months from the date of signing this Agreement:
1) compliance of the Developer and the Authorized Company with the requirements of Article 8-1 of the Law;
2) signing an electronic Agreement between the Authorized Company and all owners of the property in the renovation facility and (or) the immovable property included in the renovation facility in the framework of the renovation project, in a form approved by a Single Operator in accordance with its internal documents;
3) signing by all owners of the renovation facility and (or) real estate included in the renovation facility, the Developer and an Authorized company in accordance with the procedure established by the legislation of the Republic of Kazakhstan in the field of equity participation in housing construction, an electronic agreement on the provision of a guarantee of equity participation in housing construction in the framework of renovation in a standard form approved by the authorized body on the housing portal A single operator;
4) the Authorized Company has funds to pay the guarantee fee in accordance with the requirements of the Law;
5) providing a pledge to a Single Operator of funds in the amount equivalent to the cost of the dwelling to which the owners of the renovation facility and (or) real estate included in the renovation facility will be relocated, but not less than thirty percent of the declared project cost;
6) availability of funds for the provision of temporary housing to the owners of the renovation facility and (or) immovable property included in the renovation facility in the amount determined by the Rules for the provision of temporary housing by an authorized company and (or) compensation payments to the owners of the renovation facility and (or) immovable property included in the renovation facility, taking into account the extension of the construction period;
7) entering information about all owners of property in the renovation facility and (or) immovable property included in the renovation facility into the unified information system of equity participation in housing construction;
8) signing between the authorized company and all owners of the property in the renovation facility and (or) the immovable property included in the renovation facility, who have expressed their intention to receive a share in an apartment building, an electronic equity agreement in housing construction as part of the renovation.
The Single Operator's accession to the agreement on the provision of a guarantee of equity participation in housing construction within the framework of renovation is carried out with a positive financial and legal assessment of the Developer and the Authorized Company, provided for by Law, conducted by the Single Operator.
5. The single operator verifies documents in accordance with the Order of the Minister of National Economy of the Republic of Kazakhstan dated September 30, 2016 No. 432 "On Approval of the Rules for reviewing Documents on the construction project of an apartment building or a complex of individual residential buildings for concluding a guarantee agreement and renovation agreements" (registered in the Register of State Registration of Regulatory Legal Acts for No. 14312).
Chapter 2. Rights and obligations of the Parties
6. Responsibilities of a Single Operator:
1) sign an electronic agreement on joining the agreement on providing a guarantee of equity participation in housing construction within the framework of renovation, subject to all the conditions specified in this Agreement and provided for by the legislation of the Republic of Kazakhstan in the field of equity participation in housing construction;
2) to monitor compliance by the Developer and the Authorized Company with all the conditions specified in this Agreement and provided for by the legislation of the Republic of Kazakhstan in the field of equity participation in housing construction.
7. The rights of the Developer and the Authorized Company:
1) require a Single Operator to conclude an agreement on the provision of a guarantee of equity participation in housing construction within the framework of renovation, if all the conditions specified in this Agreement and provided for by the legislation of the Republic of Kazakhstan in the field of equity participation in housing construction are fulfilled;
2) conclude an agreement with the owners of the real estate of the Renovation Object on the provision of a guarantee of equity participation in housing construction within the framework of renovation in accordance with this Agreement.
8. Obligations of the Developer and the Authorized Company:
1) to organize work on interaction with the owners of the real estate of the Renovation Object, ensuring their rights and legitimate interests;
2) carry out information and explanatory work with the owners of the real estate of the Renovation Object, including explaining the characteristics of the Project, the transferred shares in the Project and the legal consequences of participation in the renovation;
Chapter 3. Force majeure circumstances
9. The Parties to the Agreement are released from liability for partial or complete non-fulfillment of obligations under the Agreement if proper fulfillment has become impossible due to force majeure circumstances.
10. The following circumstances are an irresistible force: natural disasters, military actions, acts of state authorities and management bodies that prevent or prohibit the fulfillment by one of the Parties of the terms of this Agreement.
About the approval
11. In the event of circumstances involving the impossibility of fulfilling obligations under this Agreement, the Party is obliged to notify the other Party in writing no later than three working days after the occurrence of this event, providing supporting documents certified by the authorized body of the Republic of Kazakhstan.
12. In the event that force majeure circumstances last for more than 30 (thirty) calendar days, either party has the right to terminate this Agreement. In this case, the Parties, within 30 (thirty) calendar days from the date of termination of this Agreement, are obliged to make mutual settlements for the work actually performed and the payment made.
Chapter 4. Final provisions
13. All amendments and/or additions to this Agreement are valid only if they are made in writing and signed by authorized representatives of the Parties.
14. All disputes and disagreements between the Parties arising from or related to this Agreement shall be resolved through negotiations, and if no agreement is reached, by the courts of the Republic of Kazakhstan.
15. In everything else that is not directly provided for in this Agreement, the Parties are guided by the current legislation of the Republic of Kazakhstan in the field of equity participation in housing construction.
Chapter 5. Term of the Agreement
16. The Agreement comes into force from the date of its signing and is valid until the Parties fully fulfill their obligations.
17. The agreement is drawn up in Kazakh and Russian, in three copies having the same legal force. One copy for each of the Parties.
18. Correspondence sent by the Parties under this Agreement shall be provided in writing (on letterhead, signed by authorized persons, and, if necessary, in electronic form) and reviewed within 15 (fifteen) business days from the date of receipt by the Parties of the correspondence.
19. Correspondence is considered to have been received properly, from the date:
1) marks of the office/clerk of the Party;
2) receiving a notification of receipt or 5 (five) business days after delivery to the post office /courier in an envelope addressed to the relevant Party at the address indicated below, when it is sent by mail or courier:
For a Single operator:
Joint Stock Company "_____________"
Attention:
Head of a legal entity
Address:
Email:
For the Developer/Authorized Company:
Joint stock company/Limited Liability Partnership
Attention:
Head of a legal entity
Republic of Kazakhstan,
Address:
Phone number: _________.
Email: _______________
20. In the event of a change in the addresses and details of either Party specified in paragraph 19 of this Agreement, the relevant Party shall notify the other Party in writing. In the absence of such notification, correspondence sent to the addresses and details specified in this Agreement shall be deemed to have been duly received.
21. The Parties shall send correspondence of an informative nature by fax and/or e-mail to the other Party.
In this case, the sending Party is obliged to confirm the direction of correspondence to the other Party. The confirmation is considered to have been carried out properly:
1) by fax – by attaching the text of the correspondence with the note of the receiving Party on receipt, or by having a corresponding extract from the fax machine;
2) by e–mail - after receiving a notification about reading or sending a reply message about receiving an e-mail.
Chapter 6. Legal addresses and bank details of the Parties
22. Authorized company:
Name, business identification number (hereinafter – BIN)
Legal (actual) address:
Phone number: _________.
Bank requisites:
customer identification code (hereinafter referred to as the CIC)
business identification code (hereinafter referred to as BIC)
Bank:
The head of an Authorized Company or an Authorized Person acting on behalf of an Authorized Company
______________________________________________ _______________
Full name (if any) signature
Place of printing (if available)
23. Single operator:
Name, BIN
Legal (actual) address:
Phone number: ______________________.
Bank requisites:
IKK
BIC
Bank:
The head of a Single Operator or an Authorized person acting on behalf of a Single Operator
_____________________________, ___________
Full name (if any) signature
Place of printing (if available)
24. Developer:
Name, BIN
Legal (actual) address:
Telephone: _________________________
Bank requisites:
IKK
BIC
Bank:
The head of the organization (Developer) or an authorized person acting on behalf of the organization_______________________, ___________
Full name (if any) signature
Place of printing (if available)
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