In accordance with subparagraph 6-1) of Article 10-1 of the Law of the Republic of Kazakhstan dated April 16, 1997 "On Housing Relations", the Government of the Republic of Kazakhstan DECIDES:
1. Approve the attached Rules for the Privatization of Housing from the State Housing Stock.
2. To recognize as invalid some decisions of the Cabinet of Ministers of the Kazakh SSR, the Cabinet of Ministers of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan in accordance with Annexes 1, 2 (for official use) to this resolution.
3. This resolution shall enter into force upon the expiration of ten calendar days from the date of the first official publication.
Prime Minister
Republic of Kazakhstan S. AKHMETOV
Approved
by Government Decree
Of the Republic of Kazakhstan
dated July 2, 2013 No. 673
Rules
for the privatization of housing from the state housing stock
Chapter 1. General provisions
Footnote. The title of Chapter 1 as amended by the Decree of the Government of the Republic of Kazakhstan dated 09/24/2020 No. 613 (effective after ten calendar days after the date of its first official publication).
1. These Rules for the Privatization of Dwellings from the state Housing Stock (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 6-1) of Article 10-1 of the Law of the Republic of Kazakhstan dated April 16, 1997 "On Housing Relations" (hereinafter referred to as the Law) and determine the procedure for the privatization of dwellings from the state housing stock.
Footnote. Paragraph 1 as amended by the Decree of the Government of the Republic of Kazakhstan dated 09/24/2020 No. 613 (effective after ten calendar days after the date of its first official publication).
2. The following basic concepts are used in the Rules:
1) state housing fund – dwellings belonging to the communal housing fund, the housing fund of state enterprises or the housing fund of state institutions and are part of the republican or communal property;
2) communal housing fund – dwellings under the jurisdiction of local executive bodies assigned to a special state institution for the provision of housing for use;
3) housing stock of a state enterprise – dwellings under the jurisdiction of a state enterprise;
4) housing stock of a state institution – dwellings under the jurisdiction of state institutions, with the exception of a special state institution for the provision of housing for use;
5) dwelling – a separate residential unit (individual residential building, apartment, dorm room) intended and used for permanent residence, meeting the established construction, sanitary, environmental, fire and other mandatory norms and rules;
6) privatization of housing – the acquisition by citizens of the property of the dwellings occupied by them from the state housing stock, carried out in accordance with the Law;
7) office dwelling - a dwelling with a special legal regime provided from the housing stock of a state institution and intended for settlement by citizens of the Republic of Kazakhstan for the period of performance of their duties related to the nature of their employment relations, including during the rotation of civil servants, as well as participating in active measures to promote employment in accordance with the legislation of the Republic of Kazakhstan about employment of the population;
8) housing equated to official housing – housing provided from the communal housing stock to civil servants, employees of budgetary organizations, military personnel, candidates for cosmonauts, cosmonauts, employees of special state bodies and persons holding state elected positions, or from the housing stock of a state enterprise to employees of this state enterprise;
8-1) rental housing without the right of redemption – housing provided from the communal housing stock to citizens of the Republic of Kazakhstan for use for a fee without the right of redemption;
9) dormitory – a residential building specially constructed or converted for the residence of persons working under an employment contract, students (cadets, graduate students) and students during their studies, as well as other persons who have an employment contract with the owner or owner of the hostel;
10) residual value of the dwelling – the initial value of the dwelling minus the physical deterioration of the dwelling;
11) applicant – a person who has submitted an application for the privatization of a dwelling from the state housing stock in accordance with these Rules;
12) a tenancy agreement is a contract under which the landlord grants the right to use the dwelling or part of it to the tenant for a fee;
13) the tenant is a party to the tenancy agreement of a dwelling that receives a dwelling or part of it for use;
14) budgetary organizations – state institutions and state-owned enterprises;
15) departmental housing fund - official dwellings on the balance sheet of state institutions, intended to be provided to civil servants appointed to a position in rotation, by decision of the housing commission for residence for the period of performance of official duties without the right to further privatization;
16) the web portal of the state property Register (hereinafter referred to as the Portal) is an Internet resource located on the Internet at: www.gosreestr.kz , providing a single point of access to an electronic database on housing privatization agreements;
17) electronic digital signature (hereinafter referred to as EDS) is a set of electronic digital symbols created by means of an electronic digital signature and confirming the authenticity of an electronic document, its ownership and immutability of content.
Footnote. Item 2 as amended by the Resolutions of the Government of the Republic of Kazakhstan dated 25.04.2015 No. 322 (effective after ten calendar days after the date of its first official publication); dated 26.12.2015 No. 1072 (effective from 01.01.2016); dated 17.01.2020 No. 5 (effective after ten calendar days after the date of its first official publication date of publication); dated 09/24/2020 No. 613 (effective after ten calendar days after the date of its first official publication).
3. Civil servants and employees of budgetary organizations, state-owned enterprises, candidates for cosmonauts, cosmonauts, persons holding state elected positions may privatize the dwellings they occupy, equated to official ones, at residual value, if they have worked in public service, state enterprise or budgetary organizations (including the term of stay in state elected office) at least ten years (in aggregate), as well as regardless of the period of work, if the employment relationship is terminated on the following grounds:
1) liquidation of the organization, reduction of the number or staff of employees;
2) due to an illness that prevents further work;
3) in connection with retirement.
Candidates for cosmonauts, cosmonauts with more than fifteen years of experience in the field of space activities, privatize housing free of charge.
In the event of the death of an employee who was provided with a dwelling equated to an official one, the right of privatization passes to the family members of the deceased (deceased), regardless of the period of work of the deceased (deceased).
Footnote. Paragraph 3 as amended by the Decree of the Government of the Republic of Kazakhstan dated 25.04.2015 No. 322 (effective after ten calendar days after the date of its first official publication).
4. Employees of state institutions and judges, with the exception of cases provided for by Law, may privatize the office dwellings occupied by them at a residual value if they have worked in public service, in budgetary organizations, state enterprises or in the position of a judge (including the term of stay in state elected office) for at least ten years (in aggregate), and also regardless of the period of work, if the employment relationship is terminated for the following reasons:
1) liquidation of the organization, reduction of the number or staff of employees;
2) due to an illness that prevents further work;
3) in connection with retirement.
In the event of the death of an employee who has been provided with official housing, the right of privatization passes to the family members of the deceased (deceased), regardless of the period of work of the deceased (deceased).
Citizens of the Republic of Kazakhstan and Candace, to whom service dwellings have been provided as participating in active measures to promote employment in accordance with the legislation of the Republic of Kazakhstan on employment of the population, may privatize the service dwellings occupied by them at residual value if they have lived in the service dwelling for at least five years.
Servicemen who have been in military service for ten years or more in calendar terms as of January 1, 2013, have the right to privatize official housing from the state housing stock (with the exception of dwellings located in closed and isolated military camps, border offices and other closed facilities) on the terms and in the manner provided for by these Rules.
Servicemen who have been in military service for fifteen years or more in calendar terms as of January 1, 2013, have the right to privatize official housing free of charge after twenty years of military service in calendar terms.
Footnote. Paragraph 4 as amended by the Decree of the Government of the Republic of Kazakhstan dated 09/24/2020 No. 613 (effective after ten calendar days after the date of its first official publication).