On approval of the Standard Rules for the formation and maintenance of the register of unscrupulous developers
Order of the Acting Minister of Industry and Construction of the Republic of Kazakhstan dated June 5, 2026 No. 286. Registered with the Ministry of Justice of the Republic of Kazakhstan on June 8, 2026 No. 38921
In accordance with subparagraph 11-6) of Article 5 of the Law of the Republic of Kazakhstan "On Equity participation in Housing Construction", I ORDER:
1. To approve the Standard Rules for the formation and maintenance of the register of unscrupulous developers in accordance with the annex 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:
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 will enter into force on July 1, 2026 and is subject to official publication.
5. To establish that from July 12, 2026:
subparagraph 2) of paragraph 2 of the Rules is valid in the following wording:
"2) the unified digital system of equity participation in housing construction (hereinafter referred to as the System) is a digital system designed to systematize and record equity participation agreements in housing construction, equity participation agreements in housing construction as part of renovation and information on the assignment of claims under them.".
Acting Minister of Industry and Construction of the Republic of Kazakhstan
K. Kazhkenov
"APPROVED" by the Ministry of National Economy of the Republic of Kazakhstan
Approved by the Acting Minister of Industry and Construction of the Republic of Kazakhstan on June 5, 2026 No. 286
Standard rules for the formation and maintenance of the register of unscrupulous developers
Chapter 1. General provisions
1. These Model Rules for the formation and maintenance of the register of unscrupulous developers (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 11-6) of Article 5 of the Law of the Republic of Kazakhstan "On Equity Participation in Housing Construction" (hereinafter referred to as the Law) and define the procedure for the formation and maintenance of the register of unscrupulous developers (hereinafter referred to as the Register).
2. The Rules use the concepts and definitions established in the Law, as well as the following concepts:
1) a local executive body (hereinafter referred to as the MIO) is a collegial executive body headed by the akim of the capital, region, city of republican significance and district (city of regional significance), exercising, within its competence, local government and self–government in the relevant territory.";
2) the unified information system for 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, equity participation agreements in housing construction as part of renovation, and information on the assignment of claims under them;
3) the authorized body for architecture, urban planning and construction (hereinafter referred to as the authorized body) is the central executive body responsible for the management, as well as, within its competence, intersectoral coordination in the field of public administration of architectural, urban planning and construction activities.;
4) The Unified Housing Construction Operator (hereinafter referred to as the Unified Operator) is a mortgage organization with direct or indirect government participation in the authorized capital, the purpose of which is to participate in the implementation of state policy in the field of housing affordability to the population of the Republic of Kazakhstan through the mechanisms of mortgage lending and rental housing, the development of shared housing construction, as well as ensuring the availability of financial resources for the construction industry.
3. These Rules apply to relations in which a person provides for the construction of an apartment building or a complex of individual residential buildings and (or) the transfer of residential and (or) non-residential premises or shares in the relevant facility to another person upon completion of construction.
4. The register is formed and maintained by the MIO in electronic form through a System based on the location of multi-apartment residential buildings or a complex of individual residential buildings.
Chapter 2. The procedure for the formation and maintenance of the registry
5. The formation and maintenance of the Registry is understood as:
1) entering information about unscrupulous developers in the Register;
2) updating the Registry when information about unscrupulous developers changes, as well as when unscrupulous developers are excluded from the Registry, recorded in the System event log;
3) placement of the Registry in the System and the changes made to it.
6. In order to form and maintain the Register, the MIO sends a notification of inclusion in the Register to the Developer. The notification is sent within 3 (three) business days from the date of inclusion in the Register in the form provided for in the appendix to these Rules, in electronic form or in any other way that provides confirmation of its receipt.
7. The grounds for inclusion in the Register of Unscrupulous Developers are:
1) a judicial act that has entered into legal force on the demolition of an unauthorized multi-apartment residential building and (or) an individual residential building;
2) a judicial act that has entered into legal force in a fraud case in accordance with article 190 of the Criminal Code of the Republic of Kazakhstan.
8. The Registry contains the following information about the Developer:
full name of the organization;
BIN or IIN;
information about the founders (participants) and heads of the executive body of the organization;
the legal address of the organization;
information about an apartment building or a complex of individual residential buildings;
the basis for inclusion in the Registry;
date of inclusion in the Registry;
the period of stay in the Registry;
information about the measures taken (if any);
date and reason for exclusion from the Register (in case of exclusion).
9. The basis for inclusion in the Register is the receipt by the MIO of official documents and (or) information confirming the existence of relevant grounds provided for in paragraph 7 of these Rules.
10. Developers whose information is entered in the Register are not allowed to raise funds from individuals and legal entities for three years from the date of entry in the Register.
11. Appeals from individuals and legal entities are considered by the Ministry of Economic Development and can serve as a basis for sending a request to authorized government agencies and organizations in order to obtain supporting documents and information.
12. M&E within 5 (five) business days from the date of receipt of information:
verifies the completeness and reliability of official documents and information confirming the existence of grounds for inclusion in the Register provided for in paragraph 7 of these Rules.;
establishes the existence of grounds for including the developer in the Registry.
13. Based on the results of the review of the submitted information, the MIO includes the unscrupulous developer in the Register.
If necessary, the MIO requests additional information from authorized government agencies and organizations.
14. The grounds for exclusion from the Register are:
1) expiration of the period established by paragraph 10 of these Rules;
2) the existence of a judicial act that has entered into legal force to repeal the judicial act that served as the basis for inclusion in the Register;
3) the existence of a judicial act that has entered into legal force appealing the decision and (or) the action of the MIO on inclusion in the Register.
15. Upon receipt by the MIO of a judicial act that has entered into legal force, canceling the grounds for including the Developer in the Register, the exclusion of the Developer's information from the Register is carried out by the MIO within three working days from the date of receipt of the judicial act.
16. In order to be excluded from the Register on the grounds specified in paragraph 14 of these Rules, the Developer submits to the MIO an application for its exclusion from the Register in any form with the attachment of supporting documents.
The MIO shall exclude the Developer from the Register within three working days after receiving the application for his exclusion from the Register and (or) upon the occurrence of the case specified in paragraph 14 of these Rules.
17. The open information of the Registry is posted on the Internet resource of a Single Operator and is publicly available.
18. Information from the Registry containing:
personal data of individuals;
information constituting a commercial, official or other legally protected secret;
information, access to which is limited by the legislation of the Republic of Kazakhstan on personal data and their protection.
19. The processing and posting of information in the Register is carried out in compliance with the requirements of the legislation of the Republic of Kazakhstan on personal data and their protection.
Chapter 3. Procedure for appealing decisions, actions (inaction) of the service provider on issues of inclusion in the Register
20. Decisions, actions (inaction) M&A related to inclusion in the Register, refusal to include changes in the Register information or refusal to exclude from the Register is subject to appeal by the Developer in accordance with the procedure provided for in Article 91 of the Administrative Procedural Code of the Republic of Kazakhstan.
21. The complaint is submitted to the authorized state body or to an official whose decision, action (inaction) is being appealed.
22. Filing a complaint does not suspend the decision to include the developer in the Register.
Appendix to the Standard Rules for Forming and Maintaining a Registry of Unscrupulous Developers
Form
Notification of inclusion in the Register of unscrupulous developers
(the name of the local executive body is indicated)Hereby notifies that, based on the results of the review of the materials and in accordance with the Standard Rules for the Formation and maintenance of a registry of unscrupulous developers, a decision has been made to include:Name of the organization: __________________ BIN/IIN: __________________ to the Register of unscrupulous Developers (hereinafter referred to as – Registry).The basis for inclusion:(details of the judicial act / supporting documents are indicated)Project name of an apartment building or a complex of individual residential buildings (if any): __________________Date of inclusion in the Registry: "_" __________ 20 G.The period of stay in the Registry: "_" __________ 20 G.CLARIFICATIONS In case of elimination of the circumstances that served as the basis for inclusion in the Register, you have the right to apply to the local executive body with an application for exclusion from the Register, accompanied by supporting documents.The decision to be included in the Register may be appealed in the following manner:, provided for in article 91 of the Administrative Procedural Code of the Republic of Kazakhstan.Head (authorized person)_____________________ /Full name/M.P. (if available)
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