PRE-TRIAL CLAIM
To: B.I.I.IIN: ....
Turkestan Region, Maktaaral District,Maktaral Rural District, T... Street, Building No. 49.
8-775-......
From: E.Kh.A.IIN: ....
Turkestan Region, Maktaaral District,Al-Farabi Village, T... Street, Building No. 51.
Representative under Power of Attorney:
Advocacy Office “Zakon i Pravo”
BIN 201240021767
Republic of Kazakhstan, 050002, Almaty,Almaly District, 79/71 Abylai Khan Avenue, Office 304.
info@zakonpravo.kz; www.zakonpravo.kz
+7 708 971 78 58 / +7 727 978 57 55
PRE-TRIAL CLAIM
E. Kh. A. is the owner of the residential house located at: 51 T... Street, Al-Farabi Village, Maktaaral District, Turkestan Region.
The residential house No. 49 owned by you is directly adjacent to residential house No. 51 owned by E. Kh. A. The said residential houses are structurally interconnected.
You carried out demolition and dismantling works at residential house No. 49. However, in the course of carrying out such works, the structural characteristics and safety of the adjacent residential house No. 51 were not duly taken into account.
As a result of mechanical impact and vibration forces caused by construction equipment and tools during the demolition and dismantling works, the technical condition of residential house No. 51 owned by E. Kh. A. deteriorated, and cracks and other damage appeared in its walls and structural elements.
In this regard, in order to determine the actual technical condition of residential house No. 51, the nature and causes of the identified damage, as well as the amount of expenses required to restore the residential house, a technical inspection was carried out with the participation of a specialized expert.
The expert inspection was conducted on 7 August 2026 at 12:00 p.m. You were notified in advance of the scheduled inspection and were given an opportunity to participate in it; however, you did not attend.
According to the results of the inspection, the specialist established that the identified damage to residential house No. 51 was caused, inter alia, by mechanical impact and vibration forces generated by construction equipment and tools during the demolition and dismantling works carried out at the adjacent residential house No. 49.
Furthermore, according to the results of the inspection, the technical condition of residential house No. 51 was classified as Category IV — pre-emergency condition, and it was determined that the residential house requires repair and restoration works subject to the implementation of seismic strengthening measures.
The cost of the repair and restoration works for the residential house was determined in the amount of KZT 4,166,285 (four million one hundred sixty-six thousand two hundred eighty-five).
Thus, following the demolition and dismantling works carried out by you, the technical condition of the residential house owned by E. Kh. A. substantially deteriorated, and significant material expenses are required for its restoration.
Pursuant to Article 188 of the Civil Code of the Republic of Kazakhstan, an owner has the right to possess, use and dispose of property belonging to him or her. At the same time, the exercise by an owner of his or her rights must not violate the rights and legally protected interests of other persons.
Pursuant to Article 917 of the Civil Code of the Republic of Kazakhstan, damage caused by unlawful acts (omissions) to the property or non-property benefits and rights of individuals and legal entities shall be compensated in full by the person who caused such damage.
Pursuant to Article 934 of the said Code, when awarding compensation for damage, the court, taking into account the circumstances of the case, shall require the person liable for causing the damage either to compensate for the damage in kind or to compensate for the losses caused.
In addition, it should be emphasized that the demolition and dismantling works carried out by Bv I.I. were performed without the consent of E. Kh. A.
Pursuant to Article 40 of the Law of the Republic of Kazakhstan “On Housing Relations”, alteration of structural parts of an apartment or non-residential premises and/or common engineering networks of a building, including conversion and/or redevelopment, shall be carried out in accordance with the requirements of the legislation of the Republic of Kazakhstan in the field of architectural, urban planning and construction activities.
Furthermore, where conversion and/or redevelopment affects load-bearing and/or enclosing structures, common engineering systems of the building or common property of a condominium facility, the mandatory written consent of the owners provided for by law shall be required.
In this case, residential houses No. 49 and No. 51 are directly adjacent to each other, and their structural elements are interconnected. Nevertheless, prior to commencing and carrying out demolition and dismantling works at residential house No. 49, Bv I.I. failed to obtain the consent of E. Kh. A., the owner of residential house No. 51.
E. Kh. A. did not provide any written or oral consent to the performance of works that could affect the structural condition of the residential house belonging to him/her.
As a result, the demolition works carried out by Bv I.I. were not confined to the boundaries of residential house No. 49 owned by him/her, but affected the structural condition of the adjacent residential house No. 51, resulting in cracks appearing in its walls and other structural elements, deterioration of its technical condition, and the creation of a risk to the safe use of the residential house.
Thus, in exercising his/her ownership rights in relation to residential house No. 49, Bv I.I. failed to take into account the rights and legitimate interests of the neighboring owner, E. Kh. A., and, without his/her consent, carried out demolition works affecting the structural integrity of residential house No. 51.
These circumstances additionally establish the unlawfulness of the actions of Bv I.I. and give rise to his/her obligation to compensate E. Kh. A. for the property damage caused as a result of such actions.
In addition, E. Kh. A. incurred additional expenses in connection with the protection of his/her violated rights. In particular, KZT 400,000 was spent on conducting the technical inspection by the specialist, and KZT 1,000,000 was spent on legal assistance provided by the representative.
Pursuant to paragraph 4 of Article 9 of the Civil Code of the Republic of Kazakhstan, necessary expenses incurred for the restoration of a violated right constitute losses.
Expenses for the services of a representative, should the dispute be referred to court, shall be recoverable as court costs pursuant to Articles 109 and 113 of the Civil Procedure Code of the Republic of Kazakhstan.
In view of the foregoing, and for the purpose of resolving, prior to litigation, the issue of compensation for the damage caused to the residential house owned by E. Kh. A., as well as avoiding additional litigation costs,
WE HEREBY DEMAND:
Within 10 (ten) calendar days from the date of receipt of this Pre-Trial Claim, to pay E. Kh. A., as compensation for the property damage caused, KZT 4,166,285 (four million one hundred sixty-six thousand two hundred eighty-five).
We demand that Bv I.I. voluntarily reimburse the costs of the specialist's technical inspection and the representative's legal fees in the amount of KZT 1,400,000 (one million four hundred thousand).
The total amount of the claims is KZT 5,566,285 (five million five hundred sixty-six thousand two hundred eighty-five).
If the claims set out herein are not voluntarily satisfied within the specified period, or if their satisfaction is refused, E. Kh. A. will be compelled to initiate court proceedings to protect his/her violated rights.
Should court proceedings be initiated, in addition to the principal amount of the damage caused, claims will be brought against the defendant, where provided by law, for recovery of expert examination expenses, the state duty, representative's fees, and other court costs associated with the consideration of the case.
At the same time, we hereby inform you that this Pre-Trial Claim is being sent in order to provide a genuine opportunity to resolve the dispute voluntarily prior to initiating court proceedings.
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Respectfully,
Representative under Power of Attorney: G.T. Sarzhanov
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