ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of May 4, 2020 No. 27

About approval of Rules of rendering the state service "State Registration of the Rights (Encumbrances of the Rights) to Real Estate"

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. Approve the enclosed Rules of rendering the state service "State Registration of the Rights (Encumbrances of the Rights) to Real Estate".

2. To provide to department of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order;

2) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of May 4, 2020 No. 27

Rules of rendering the state service "State Registration of the Rights (Encumbrances) to Real Estate"

Chapter 1. General provisions

1. These rules of rendering the state service "State Registration of the Rights (Encumbrances) to Real Estate" (further - Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" and determine procedure for rendering the state service "State Registration of the Rights (Encumbrances) to Real Estate".

2. State registration of the rights (encumbrances) to real estate is performed by registering body - non-commercial joint-stock company "The Government for Citizens state corporation in the location of real estate (further - the service provider).

Chapter 2. Procedure for rendering the state service

3. For receipt of the state service physical and (or) legal entities (further - uslugopoluchatel) submit the application in form according to appendix 1 and 2 to these rules with application of documents according to the List of the main requirements to rendering the state service "State Registration of the Rights (Encumbrances) to Real Estate" (further – the List) according to appendix 3 to these rules through the service provider on the location of the real estate unit of uslugopoluchatel or through the web portal of "the electronic government": www.egov.kz (further – the portal), or through objects of informatization.

4. In case of documents acceptance the worker of the service provider verifies the identity document, or the electronic document from service of the digital documents of uslugopoluchatel with data reflected in the state information systems (for identification).

In case of discrepancy of the address data of real estate object specified in the title document with the address data containing in information system of the single State Immovable Property Cadastre, the worker of the service provider specifies the real estate object address by registration code of the address.

If the transaction is notarially not certified, then the registering body shall verify authenticity of the signature of persons who made the transaction (their authorized representatives), their capacity to act (legal capacity), and also compliance of their will to declaration of will.

Confirmation of completion of the procedure of check of authenticity of the signature of persons who made the transaction (their authorized representatives), their capacity to act (legal capacity), and also compliance of their will to declaration of will is putting down of mark and the signature of the worker of the service provider in the agreement.

In case of representation by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 8 Lists, and also documents with the expired effective period the worker of the service provider on documents acceptance refuses reception of an application and issues the receipt in form according to appendix 4 to these rules.

In case of presentation to the service provider of complete document package to uslugopoluchatel the receipt on documents acceptance with indication of date and time of receipt of result of the state service is issued.

Uslugopoluchatel can address with the petition for the termination of consideration of the application.

At the same time the uslugopoluchatel submits the petition through office of the service provider, on the location of the real estate unit of uslugopoluchatel.

5. The term of rendering the state service from the moment of receipt of the statement to the service provider constitutes three working days, and in case of state registration according to notarially not certified transaction the state service is rendered within one working day from the moment of receipt of the statement to the service provider.

Electronic registration is made no later than one working day following behind day of receipt in information system of the single State Immovable Property Cadastre of confirmation about payment for state registration of the rights to real estate or release from payment.

Electronic registration in the accelerated procedure is made within two hours, from the moment of receipt in information system of the single State Immovable Property Cadastre of confirmation about payment for state registration of the rights to real estate or release from payment.

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