In accordance with subparagraph 10-14) of Article 10-2 of the Law of the Republic of Kazakhstan dated April 16, 1997 "On Housing Relations", I ORDER:
1. Approve the attached rules for the provision of housing certificates.
2. The Committee for Construction and Housing and Communal Services of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan in accordance with the procedure established by law to provide:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this order, the direction in Kazakh and Russian to the Republican State Enterprise on the right of economic management "Institute of Legislation and Legal Information of the Republic of Kazakhstan" for official publication and inclusion in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan;
3) placement of this order on the Internet resource of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan.
3. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Industry and Infrastructure Development of the Republic of Kazakhstan.
4. This order shall enter into force from the date of its first official publication.
Minister R. Sklyar
"AGREED"
Ministry of Finance
of the Republic of Kazakhstan
"____"____________ 2019 year
"AGREED"
Ministry of National Economy
of the Republic of Kazakhstan
"____"____________ 2019 year
Approved
by the Order of the Minister of Industry
and Infrastructure Development
of the Republic of Kazakhstan
dated June 20, 2019 No. 417
Rules for the provision of housing certificates
Chapter 1. General provisions
1. These Rules for the provision of Housing certificates (hereinafter referred to as the Rules) are developed in accordance with subparagraph 10-14) of Article 10-2 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 provision of housing certificates.
2. In order to exercise the right of citizens to acquire housing ownership using a mortgage housing loan under the mortgage program approved by the National Bank of the Republic of Kazakhstan (hereinafter referred to as the mortgage program) and (or) the state housing construction program approved by the Government of the Republic of Kazakhstan (hereinafter referred to as the housing construction program), local executive bodies provide housing certificates as social assistance or social support in the form of a budget loan.
3. The Rules use the basic concepts:
1) primary housing – an object of residential real estate for which the ownership right is registered for the first time when it is acquired from the developer, the customer, the construction investor, the local executive body or other legal entities selling housing on behalf of the developer, the customer, the construction investor, the local executive body;
2) mortgage housing loan – mortgage loan, preliminary and intermediate housing loans of the housing construction savings system provided for the purchase of primary housing, secured by a mortgage of the acquired residential real estate;
3) housing certificate is a form of monetary obligation of a local executive body provided to citizens of the Republic of Kazakhstan to cover part of the initial payment on mortgage housing loans when purchasing primary housing under the mortgage program approved by the National Bank of the Republic of Kazakhstan and (or) the state housing construction program approved by the Government of the Republic of Kazakhstan;
4) authorized body – the central executive body responsible for the management and inter-sectoral coordination in the field of housing relations;
5) administrator – a structural subdivision of the local executive body of the region, city of republican significance, capital, district (city of regional significance) determined by the akim, supervising the sphere of employment and social security, construction, housing relations.
Chapter 2. Procedure for providing housing certificates
4. Local representative bodies (maslikhats) of oblasts, cities of republican significance, the capital, the district (cities of regional significance) determine the size and list of categories of recipients of housing certificates, upon submission of local executive bodies.
The amount of the housing certificate is determined in a single amount up to 1 (one) million tenge for each recipient.
5. The List provides for categories of recipients, taking into account the need for specialists in the field of healthcare, education, culture, sports and other industries, as well as categories of socially vulnerable segments of the population defined by subparagraphs 3), 9) and 11) of Article 68 of the Law (hereinafter - waiting lists).
The demanded specialists of the industries are determined based on the analysis of statistical observations on labor and employment statistics, as well as taking into account the forecast of labor resources formed according to the Rules for the Formation of the national labor forecasting system and the Use of its Results, approved by the Order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated March 29, 2019 No. 154 (registered in the Register of State Registration regulatory legal acts No. 18445).
6. A housing certificate as social assistance is provided if there is an average income for the last 6 (six) months that does not exceed 1 (one) minimum wage per month for each family member established by law for the current fiscal year (excluding state benefits).
In case of exceeding the established threshold for average income for the last 6 (six) months, a housing certificate is provided for each family member as social support in the form of a budget loan.
7. The Administrator provides for the appropriate financial year the planned amount of issuance of housing certificates as social assistance and (or) social support in the form of a budget loan.
Social assistance is provided free of charge and irrevocably.
Social support is provided in the form of a budget loan on the terms of payment, repayment, urgency in accordance with the requirements of budget legislation.
8. The provision of housing certificates is carried out within the limits provided for in local budgets for the corresponding financial year.
9. The administrator ensures publication on Internet resources:
1) decisions of the local representative body (maslikhat) on the size and list of categories of recipients of housing certificates;
2) announcements on the provision of housing certificates.
10. In case of insufficient funds in the local budget for the provision of housing certificates, an announcement on the termination of the issuance of housing certificates is published.
11. Second–tier banks (hereinafter referred to as STB) provide monthly information about applicants who have received approval for the issuance of a housing mortgage loan to the administrator.
12. Housing certificates are provided to applicants corresponding to the List when purchasing primary housing in accordance with the procedure provided for by the mortgage program or the housing construction program. At the same time, the applicant provides the STB with a written notification of the intention to obtain a housing certificate.
13. To obtain a housing certificate, the following documents are required:
application in the form according to the annex to these Rules;
a copy of the applicant's identity document (the original is submitted for identification);
income statement for the last 6 (six) months;
certificate from the place of work (with the exception of waiting lists);
a letter from the STB approving the issuance of a mortgage housing loan for the purchase of primary housing to the applicant, containing information about the amount and amount of the initial payment.
14. With the documents provided for in paragraph 13 of the Rules, the applicant applies to the Administrator.
15. Within 3 (three) working days from the date of receipt of the applicant's documents, the administrator verifies their authenticity and compliance of the applicant's status with the List, calculates the need for financial resources.
The administrator, based on the results of the review, sends the applicant a written notification with a positive or negative decision in issuing a housing certificate.
The grounds for refusal to provide a housing certificate are:
1) submission of an incomplete package of documents;
2) submission by the applicant of false data (information);
3) non-compliance with the requirements of these Rules.
16. The Applicant, within 2 (two) working days from the date of receipt of a written notification with a positive decision, applies to the Administrator to conclude an agreement on the provision of a housing certificate (hereinafter referred to as the agreement).
17. If social assistance is provided, an agreement is concluded between the applicant and the administrator within 2 (two) working days from the date of the applicant's application.
18. In the case of providing social support in the form of a budget loan, an agreement is concluded between the applicant, the administrator and the attorney (agent) in 3 (three) working days.
During this period, the attorney (agent) enters into a loan agreement with the applicant (hereinafter referred to as the loan agreement) for up to 15 (fifteen) years at an interest rate of 0.01% per annum.
Additional conditions for the provision, repayment and servicing of budget loans are established in the loan agreement.
19. In the case of using the services of an attorney (agent), financing is carried out at the expense of the local budget.