ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of December 7, 2007 No. 329

About approval of the Technique of real estate appraisal in case of its withdrawal for the state needs

According to Item 51 of the Actions plan on execution of the national plan of the main directions (actions) for realization of annual 2005-2007 of messages of the Head of state to the people of Kazakhstan and the Program of the Government of the Republic of Kazakhstan for 2007-2009 approved by the order of the Government of the Republic of Kazakhstan of April 20, 2007 No. 319, I ORDER:

1. Approve the enclosed Technique of real estate appraisal in case of its withdrawal for the state needs.

2. To provide to committee of registration service of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation submission of this order for state registration.

3. To impose control of execution of this order on the Vice-Minister of Justice of the Republic of Kazakhstan Beketayev M. B.

4. This order becomes effective from the date of official publication.

Approved by the order of the Minister of Justice of the Republic of Kazakhstan of December 7, 2007 No. 329

Technique of real estate appraisal in case of its withdrawal for the state needs

1. General provisions

1. This Technique of real estate appraisal in case of its withdrawal for the state needs (further - the Technique) is approved according to Item 51 of the Actions plan on execution of the National plan of the main directions (actions) for realization of annual 2005-2007 of messages of the Head of state to the people of Kazakhstan and the Program of the Government of the Republic of Kazakhstan for 2007-2009 approved by the order of the Government of the Republic of Kazakhstan of April 20, 2007 No. 319, the Law of the Republic of Kazakhstan of November 30, 2000 "About estimative activities in the Republic of Kazakhstan", the Land code of the Republic of Kazakhstan of June 20, 2003 and other regulatory legal acts of the Republic of Kazakhstan.

2. This Technique determines the mechanism of evaluating real estate in case of its withdrawal for the state needs.

3. In case of determination of the amount of compensation in case of withdrawal of real estate for the state needs join in it:

market value of the rights to the parcel of land and buildings which are on it, constructions, other property firmly connected with the earth;

all losses caused to the owner or the land user in connection with loss of real estate including losses which they incur in connection with early termination of obligations to the third parties.

2. Evaluation methods of real estate

4. In case of determination of market value the appraiser needs to observe the following principles:

usefulness (capability to satisfy needs of the user or the potential user during certain time);

the demand and supply (dependence on the demand and supply in the market and nature of sales contest and buyers);

substitutions (impossibility of exceeding of the most probable purchase costs of object of equivalent usefulness);

expectations (dependence on the expected size, term and probability of income acquisition on the parcel of land for certain period of time in case of its most effective use without the income from other production factors attracted to the parcel of land to business activity);

changes (change in time, and determined for specific date);

dependence on change of its purpose resolved uses, the rights of other persons to the parcel of land, separation of property rights into the parcel of land;

external influence (dependence on location and influence of external factors).

5. Assessment of real estate objects, including the property right or right to use to the parcel of land, is carried out according to the following regulatory legal acts:

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