ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of June 30, 2025 No. 355

About modification and amendments in some orders of the Minister of Justice of the Republic of Kazakhstan

I ORDER:

1. Approve the enclosed list of some orders to which changes and additions are made (further - the list).

2. To provide to committee 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 after day of its first official publication.

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.

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of June 30, 2025, No. 355

The list of some orders to which changes and additions are made

1. Bring in the order of the Minister of Justice of the Republic of Kazakhstan of March 28, 2012 No. 131 "About approval of Rules of provision of information from the legal inventory" (it is registered in the Register of state registration of regulatory legal acts No. 7586) the following changes and amendments:

in the Rules of provision of information from the legal inventory approved by the specified order:

state Item 1 in the following edition:

"1. These rules of provision of information from the legal inventory (further - Rules) are developed according to article 17 of the Law "About State Registration of the Rights to Real Estate", according to the subitem 1) of article 10 of the Law "About the State Services" and determine procedure for provision of information from the legal inventory, including, procedure for rendering the state services "Provision of Data on the Registered Rights (Encumbrances) to Real Estate and Its Technical Characteristics", "Provision of Data on Lack (Availability) of Real Estate", "Provision of Data on the Registered Encumbrances of the Rights, Legal Claims on Real Estate Object", "Issue of Copies of the Documents of Registration Case Certified by Registering Body including the Plan (Schemes) of Real Estate Objects".";

The paragraph one of Item 13 to state in the following edition:

"13. For receipt of information from the legal inventory physical and (or) legal entities (further – uslugopoluchatel) send request in electronic format in form according to appendix 5 to these rules (further – request) through the web portal of "the electronic government" www.egov.kz (further – the Portal) or through objects of informatization.";

state Item 22 in the following edition:

"22. For receipt of the state service physical and (or) legal entities (further - uslugopoluchatel) send request and document package according to the List of the main requirements to rendering the state service "Issue of Copies of the Documents of Registration Case Certified by Registering Body including the Plan (Schemes) of Real Estate Objects" according to appendix 13 to these rules (further - the List) in the State corporation or on the Portal.";

state Item 25 in the following edition:

"25. In case of representation by uslugopoluchatel of incomplete document package and (or) documents with the expired effective period the service provider refuses documents acceptance with issue of the receipt in form according to appendix 14 to these rules.";

appendices 5, 6, 8 and 12 to the specified Rules to be reworded as follows according to appendices 1, of 2, 3 and 4 to this List;

add with appendices 13 and 14 according to appendices 5 and 6 to this List;

appendix 1 to Rules and terms of entering into information system of the legal inventory of identification and technical data of buildings, constructions and (or) their components on newly created real estate, carrying out the state technical inspection and Rules of rendering the state service "Issue of the Duplicate of Technical Data Sheet of Real Estate" to exclude.

2. Bring in the order of the Minister of Justice of the Republic of Kazakhstan of May 6, 2013 No. 156 "About approval of Rules and terms of entering into information system of the legal inventory of identification and technical data of real estate on newly created real estate, carrying out the state technical inspection of real estate, Rules of rendering the state service "Issue of the Duplicate of the Cadastral Passport of Real Estate Object" and Rules of assignment of cadastral number to primary and secondary real estate objects" (it is registered in the Register of state registration of regulatory legal acts No. 8469) the following changes:

to state Item 1 of the specified order in the following edition:

"1. Approve enclosed:

1) Rules and terms of entering into information system of the legal inventory of identification and technical data of real estate on newly created real estate, carrying out the state technical inspection of real estate and the Rule of rendering the state service "Issue of the Duplicate of the Cadastral Passport of Real Estate Object";

2) Rules of assignment of cadastral number to primary and secondary real estate objects.";

in Rules and terms of entering into information system of the legal inventory of identification and technical data of real estate on newly created real estate, carrying out the state technical inspection of real estate and the Rules of rendering the state service "Issue of the Duplicate of the Cadastral Passport of Real Estate Object" approved by the specified order:

2) of Item 5 to state the paragraph of the seventh of the subitem in the following edition:

"The squared structures consisting no more than of four rooms according to the Instruction for the state technical inspection of real estate objects, the Minister of Justice of the Republic of Kazakhstan approved by the order of June 9, 2023 No. 367 belong to the first category of complexity of real estate object (it is registered in the Register of state registration of regulatory legal acts No. 32746).";

appendices 1 and 2 to the specified Rules to be reworded as follows according to appendices 7 and 8 to this List;

in the Rules of assignment of cadastral number to primary and secondary real estate objects approved by the specified order:

state the right upper corner in the following edition:

"Are approved by the order of the Minister of Justice of the Republic of Kazakhstan of May 6, 2013 No. 156".

3. Bring in the 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" (it is registered in the Register of state registration of regulatory legal acts No. 20610) the following changes:

to state Item 1 of the specified order in the following edition:

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

in the Rules of rendering the state service "State Registration of the Rights (Encumbrances of the Rights) to Real Estate" approved by the specified order:

to state paragraph two of item 4 in the following edition:

"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.";

5, of 6, 6-1 and 7 to state Items in the following edition:

"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.

Electronic registration of the rights (encumbrances of the rights) regarding origin, changes, the terminations of pledge on real estate using information and communication technologies is made within two hours, from the moment of receipt through external lock of "the electronic government" in information system of the single State Immovable Property Cadastre of the electronic request, with the attached electronic copy of the title document witnessed by the digital signature of uslugopoluchatel, the electronic check confirming payment for state registration.

State registration of the termination of encumbrances, and also legal claims is made within one working day from the moment of receipt of the statement in registering body.

Day of documents acceptance through the service provider does not enter rendering the state service in time.

6. In case of electronic registration by the notary information on the unique number of the title document assigned in single notarial information system (dalee-ENIS) and about payment amount for state registration of the rights to real estate is issued to uslugopoluchatel.

After carrying out by uslugopoluchatel of payment for the state service details of the check go to information system of the single State Immovable Property Cadastre.

The notification report on acceptance of request for rendering the state service goes to "personal account" of uslugopoluchatel on the web portal of "the electronic government".

The state service is rendered 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.

The service provider carries out the legal analysis of the documents confirming origin, change or the termination of the rights (encumbrance of the rights) to real estate and other subjects to state registration which shall conform to requirements of the legislation of the Republic of Kazakhstan imposed to them at the time of registration, except for the rights (encumbrance of the rights) to real estate which are not subject to obligatory state registration, and also earlier arisen rights (encumbrance of the rights).

Electronic registration of the rights (encumbrances of the rights) for real estate can be made using information and communication technologies with issue of the notice of registration.

Electronic registration in the legal inventory based on the request of bank of the second level, the microfinancial organization performing activities for provision of the microcredits to physical and (or) legal entities with providing or without providing in the amount of which is not exceeding twenty thousandfold sizes of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget and credit partnership (further - the financial organizations) on origin, change, the termination of pledge, the informatization (the information systems of the financial organizations using information and communication technologies for submission of the electronic request for registration of origin, change, the termination of pledge with receipt of result of rendering the state service in the automated form) which arrived by means of objects, through external lock of "the electronic government" is performed in the following procedure:

1) the financial organization initiates in the legal inventory the electronic request for registration of origin, change, termination of pledge with attachment of the electronic copy of the title document certified by the EDS of uslugopoluchatel;

2) the uslugopoluchatel (the authorized representative of the applicant) makes payment for state registration of origin, change, the termination of pledge through payment gateway of "the electronic government" (dalee-PShEP) according to the legislation of the Republic of Kazakhstan on informatization, with obligatory specifying of data of the payer of payment for state registration of origin, change, the pledge termination.

After effected payment for state registration of origin, change, the pledge termination details of the electronic check confirming payment for state registration (unique code of the request, unique payment code, payment name of a consignee, the bank name of the second level or the organization performing separate types of banking activities, data of the payer of payment, including its identification number, payment amount, dates and time of payment, code of purpose of payment) remain on PShEP in the form of the electronic check and go to the legal inventory.

3) the financial organization sends the electronic request, with the attached electronic copy of the title document witnessed by the digital signature of uslugopoluchatel, the electronic check confirming payment for state registration by means of information system of the financial organizations through external lock of "the electronic government" to the legal inventory;

Check on availability of accomplishment of conditions is performed by means of information and communication technologies (check on request fact availability with the completed information, payments, in the presence of registration of scrap of consent of the spouse(s) with confirmation of the electronic statement for the receipt of the state service certified by the EDS, the consent of the owner(s) of the real estate object to collection, processing of personal data received by means of the state service of access control to personal data, verification of the EDS, individual identification number / business of identification number of participants, lack of encumbrances which exclude state registration, absence in the list of faces tied with financing of terrorism and extremism).

Receives the data necessary for implementation of state registration of origin, change, the pledge termination, the legal inventory from the corresponding state information system by integration interaction.

In case of successful accomplishment of check of conditions, record in registration leaf of the legal inventory about the made registration is made automatically by means of information and communication technologies.

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