THE ORDER OF THE STATE AGENCY ON REGISTRATION OF THE RIGHTS TO REAL ESTATE UNDER THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of July 21, 2003 No. 89

About approval of the Instruction "About procedure for carrying out technical certification of units of real estate" and Instructions "About procedure for issue of information by local registration authorities of Gosregistr of the Kyrgyz Republic"

1. Approve the Instruction "About procedure for carrying out technical certification of units of real estate" and "The instruction about procedure for issue of information by local registration authorities of Gosregistr of the Kyrgyz Republic" (is attached).

2. To provide to the head of department on registration and market development of the real estate Dzhumashev S. S. state registration of this order in the Ministry of Justice.

3. To provide to the chief of staff Himamov S. M. and the head of department of the organization of registration Ordobayev B. S. district (city) managements on land management and registration of the rights to real estate with the above-stated instructions.

4. Declare invalid Gosregistr's order of the Kyrgyz Republic of December 5, 2001 No. 117 "About approval of the Instruction about procedure for technical certification of units of real estate and forms of the References issued by local registration authorities of Gosregistr".

5. Declare invalid the order of the State agency on land management and land resources under the Government of the Kyrgyz Republic of May 16, 1997 No. 18.

6. To impose control of execution of this order on the deputy director Zholdoshev A. Zh.

Approved by the Order of the director Gosregistr of the Kyrgyz Republic of July 21, 2003 No. 89

The instruction about procedure for carrying out technical certification of units of real estate

1. General provisions

This instruction establishes procedure for carrying out technical certification of units of real estate, the rights to which are subject to state registration according to the legislation of the Kyrgyz Republic.

Technical certification of units of real estate determined as single subject to registration of the right is carried out:

- during creation (construction) of unit of real estate;

- for transactions with real estate, taking into account observance of the conditions specified in subitem 2.2. this Instruction;

- in case of change of borders of the parcel of land;

- in case of reconstruction and demolition of structures;

- at the request of owners.

Technical certification is performed on paid basis at the expense of means of physical persons and legal entities.

1.1 Terms and determinations

Unit of real estate (real estate) - the parcel of land, the building, construction, the apartment or other real estate which has the established border and is in property or use of physical persons or legal entities according to the legislation of the Kyrgyz Republic.

If on the parcel of land there are several buildings, constructions or other real estate objects which belong to one owner, then these objects and the parcel of land in total constitute one unit of real estate.

The cadastral plan - the plan of unit of real estate in the scale where borders of real estate, restriction, its rotary points and distances between them are reflected.

Structure - separately built building, the construction, the house or other object consisting of one or several parts.

The general wall and the base, general purpose of structure are signs of unity.

Structures are subdivided on residential and non-residential; according to office characteristics - on the main and auxiliary; depending on their arrangement on mark of the sidewalk or blind area - on elevated, socle (semibasement), basement, mansard.

Residential building - the capital structure of permanent type expected long service life for accommodation of people.

Non-residential structure - the structure intended for production, trade, cultural and educational, medical and sanitary, household, administrative and other purposes.

The main structure - structure which among others is predominating according to the destination. On one parcel of land can be one and more main structures.

Auxiliary structure - structure which in relation to the basic is of secondary importance on certain parcel of land. In auxiliary structures, in case of technical certification, their internal rooms are not measured. Are among auxiliary structures in the residential sector: sheds, garages (individual use), canopies, cellars, etc.

The elevated structure - structure, in case of mark of half of the room is not lower than mark of the sidewalk or blind area.

The socle (semibasement) structure - structure, in case of mark of half of rooms is lower than mark of the sidewalk or blind area, but no more than on half of their internal height.

The basement structure - structure, in case of mark of half of rooms is lower than mark of the sidewalk or blind area more than on half of height of these rooms;

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