ORDER OF THE CHAIRMAN OF COMMITTEE OF REGISTRATION SERVICE OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 24, 2007 No. 95

About approval of Rules of carrying out the state technical inspection of real estate and Rules of assignment of cadastral number to primary and secondary real estate objects

For the purpose of implementation of the Law of the Republic of Kazakhstan "About state registration of the rights to real estate and transactions with it" and being guided by the subitem 4) of Item 16 of the Regulations on Committee of registration service of the Ministry of Justice of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of October 28, 2004 No. 1120, I ORDER:

1. Approve enclosed:

1) Rules of carrying out the state technical inspection of real estate according to appendix 1;

2) Rules of assignment of cadastral number to primary and secondary real estate objects according to appendix 2.

2. Recognize to invalid:

1) the order of the Chairman of Committee of registration service of the Ministry of Justice of the Republic of Kazakhstan of December 14, 1999 No. 270 "About approval of Rules on carrying out technical inventory count (technical inspection) of the real estate for state registration of the rights to real estate and transactions with it";

2) the order of the Chairman of Committee of registration service of the Ministry of Justice of the Republic of Kazakhstan of August 31, 2005 No. 346 "About modification and amendments in the order of the Chairman of Committee of registration service of the Ministry of Justice of the Republic of Kazakhstan of December 14, 1999 No. 270 "About approval of Rules on carrying out technical inventory count (technical inspection) of the real estate for state registration of the rights to real estate and transactions with it";

3) the order of the Chairman of Committee of registration service of the Ministry of Justice of the Republic of Kazakhstan of May 29, 2007 No. 61 "About modification and amendments in the order of the Chairman of Committee of registration service of the Ministry of Justice of the Republic of Kazakhstan of December 14, 1999 No. 270 "About approval of Rules on carrying out technical inventory count (technical inspection) of the real estate for state registration of the rights to real estate and transactions with it";

4) the order of the Chairman of Committee of registration service of the Ministry of Justice of the Republic of Kazakhstan of June 21, 2007 No. 71 "About modification of the order of the Chairman of Committee of registration service of the Ministry of Justice of the Republic of Kazakhstan of December 14, 1999 No. 270 "About approval of Rules on carrying out technical inventory count (technical inspection) of the real estate for state registration of the rights to real estate and transactions with it";

3. This order becomes effective from the date of its signing.

Appendix 1

to the Order of the Chairman of Committee of registration service of the Ministry of Justice of the Republic of Kazakhstan of August 24, 2007 No. 95

Rules of carrying out the state technical inspection of real estate

1. General provisions

1. These rules are developed according to the Law of the Republic of Kazakhstan "About state registration of the rights to real estate and transactions with it" of July 26, 2007 and determine procedure and terms of carrying out technical inspection of buildings, constructions and their components, the rights to which are subject to state registration according to the legislation of the Republic of Kazakhstan.

2. The state technical inspection of buildings, constructions and their components perform the state companies subordinated to authorized body (further - the state company), in the location of the real estate unit.

3. Subjects to the state technical inspection are primary and secondary objects, property complexes (the companies, objects of condominium), the parcels of land.

Classification of the main buildings and constructions by their functional purpose is specified in appendix 1 to these rules.

4. The state technical inspection includes primary and subsequent inspection, and also assignment of cadastral numbers to buildings, constructions and their components.

During the state technical inspection of real estate the technical, identification characteristics of buildings, constructions and their components necessary for maintaining the Legal inventory are determined.

5. Works on determination of technical characteristics are divided into primary and subsequent inspection of real estate units.

Primary examination is conducted on newly created real estate. By results of primary inspection of real estate object technical data sheet is constituted.

The subsequent examination is conducted in case of change of technical and (or) identification characteristics of buildings, constructions or their components as a result of their reconstruction, re-planning, re-equipment, except as specified, when changes of such characteristics can be reflected in technical data sheet without carrying out the subsequent inspection, including in case of change of cadastral number, location.

By results of the subsequent inspection technical data sheet in which the revealed changes are reflected is drawn up.

Methods and acceptances of both primary, and subsequent inspections for the purpose of uniformity of materials, shall be identical.

6. Works on determination of technical characteristics of real estate are performed within 5 working days for apartments, rooms in hostels, within 10 working days for individual apartment houses, individual garages, country structures in time. For other real estate objects up to 1000 square meters - within 15 calendar days, and for objects more than 1000 square meters - within 1 month from the date of the address of the applicant.

Further prolongation of term is made depending on category of complexity of object in coordination with the applicant, at the same time aggregate term shall not exceed 3 months from the date of the address of the applicant.

7. When changing the owner of real estate object technical data sheet keeps legal force. The information about the owner is filled in in appendix to technical data sheet by the territorial authorities of justice performing state registration of the rights to real estate.

8. Real estate objects are subdivided into three categories of complexity:

1) squared structures in the plan with the same layout of floors and the simple constructive scheme belong to the first category of complexity;

2) the structures consisting in the plan of two-three rectangles with the different layout of floors, the constructive scheme and architectural registration of average complexity belong to the second category of complexity;

3) the structures consisting in the plan more than of three rectangles, lozenges or curvilinear with the difficult constructive scheme and architectural registration belong to the third category of complexity.

9. Determination of technical characteristics of real estate objects consists of creation:

1) the plan of the parcel of land with the actual borders and drawing on it structures and constructions;

2) floor-by-floor plans of the main structures located on the site;

3) the technical description on structural elements of all structures and constructions located on the site with determination of their technical condition;

4) productions of computing works and entering of results of inspection in technical data sheets on real estate objects which are used further for filling of registration sheets when maintaining "The legal inventory".

2. Main terms and concepts

10. In these rules the following main terms and concepts are used:

1) State registration of the rights to real estate and transactions with it - compulsory procedure of recognition and confirmation by the state of origin, change or the termination of the rights (encumbrance of the rights) to real estate and other subjects to state registration in the Legal inventory;

2) Technical data sheet - the document of the established form constituted by results of the state technical inspection of real estate, containing the technical, identification characteristics of primary or secondary object necessary for maintaining the Legal inventory;

3) the Outline - the schematical sketch of the site from nature containing the image of its borders and outlines of all structures and constructions on external contours and also results of internal measurement of structures and constructions. The outline is constituted by hand so that the structures represented on it and constructions on the outline were close to the truth and were located in relative scale;

4) Cadastral number - the individual, not repeating in the territory of the Republic of Kazakhstan number of real estate object which is assigned according to the procedure, established by Rules of assignment of cadastral number to primary and secondary real estate objects;

5) Primary real estate object - buildings and constructions of different functional purpose, and also subjects to special regulation and town-planning regulation;

6) the Secondary real estate object - residential and non-residential premises to which for the purpose of registration of the rights to them cadastral numbers as to objects of the individual (separate) property right (other corporeal right) are assigned;

7) the Housing stock - the dwellings of all patterns of ownership which are in the territory of the Republic of Kazakhstan;

8) The dwelling - the separate residential unit (the individual apartment house, the apartment, the room in the hostel) intended and used for permanent residence, answering to the established technical, health and other mandatory requirements;

9) the Structure - the construction consisting of one or several parts constituting single whole. The general wall and the base with the message between parts, irrespective of appointment of the last and their construction material are signs of unity. In the absence of the message between parts of one structure, sign of unity general purpose of structure, uniformity of material of walls, general staircases, single architectural registration can be;

10) the Residential building - the apartment house (building) consisting generally of premises, and also non-residential premises and other parts which are common property.

11) the Non-residential structure - the structure intended for production, trade, cultural and educational, medical and sanatorium, administrative, etc. (except permanent residence) is more whole;

12) On the parcel of land of structure are subdivided into the main and office.

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