State registration of rights (encumbrances) for the real estate
How to get the service online:
Using EDS:
1.Log in to the portal or register
2. Click on "Request online" button
3. Fill all sections of e-request
4. Sign a request with digital signature
5. In personal account ("History of obtained services") familiarize with notification on your request processing status, which will be sent within the stated period.
6. The service provides the following sub-services:
- State registration of property rights, economic management rights, operational management rights, land use rights for a period of at least one year, easements in favor of the dominant land plot or other real estate object for a period of at least one year.
- Registration of changes in a real estate object identification characteristics required for legal cadastre maintenance, changes in the right holder’s information contained in the legal cadastre registration sheet, changes in the right type except for the change of the right type based on a legislative act; changes in the terms & conditions of agreements if they concern information contained in the registration sheet, affect the scope of rights established to the real estate object, or if they must be registered by agreement of the parties.
- State registration of the use right for a period of at least one year, including lease, gratuitous use, easements, rights of lifelong maintenance with dependency, annuity; rights of trust management, including in guardianship, trusteeship, in inheritance legal relations, bankruptcy and others; pledge; arrest; restrictions (prohibitions) on the use, disposal of real estate or on the performance of certain works imposed by public bodies within their competence; other real estate rights encumbrances provided for by the laws of the Republic of Kazakhstan, with the exception of preferential interests.
- State registration of real estate rights (encumbrances of rights) in bankruptcy proceedings.
- State registration of rights during a legal entity reorganization.
7. The service is provided with the participation of the registrar of the registering body - the non-profit joint-stock company «State Corporation «Government for Citizens» at the location of the immovable property, after receipt in the information system of the legal cadastre of confirmation of payment for state registration of rights to immovable property.
How to get the service online:
Using EDS:
1.Log in to the portal or register
2. Click on "Request online" button
3. Fill all sections of e-request
4. Sign a request with digital signature
5. In personal account ("History of obtained services") familiarize with notification on your request processing status, which will be sent within the stated period.
6. The service provides the following sub-services:
- Registration of the occurrence of legal claims
- Registration of termination of legal claims
- Registration of collateral, rent, use
- Registration of changes in encumbrances as a result of changes in the terms of the contract
- Registration of a re-mortgage
- Registration of termination of encumbrances not related to the transfer of rights
- Registration of the notification of the beginning of the real estate sale out of court
- Registration of the auction notification
- Registration of rights during the reorganization of a legal entity (assignment of the right of claim under a loan agreement)
7. The service is provided with the participation of the registrar of the registering body - the non-profit joint-stock company «State Corporation «Government for Citizens» at the location of the immovable property, after receipt in the information system of the legal cadastre of confirmation of payment for state registration of rights to immovable property.
Legal entities also represent:
- Constituent documents;
- Minutes of meetings (extracts from them) of founders (participants, board of directors, board of shareholders) for the acquisition or alienation of real estate, in cases provided for by the Laws "On Joint Stock Companies" and "On State Property" or constituent documents;
- Foreign legal entities submit a legalized extract from the commercial register or other legalized document certifying that the foreign legal entity is a legal entity under the legislation of a foreign state, with a notarized translation into the state and Russian languages.
State registration of termination of encumbrances, as well as legal claims, is carried out within one working day from the date of receipt of the application to the registration authority.
The day of receipt of documents through the service provider is not included in the deadline for the provision of public services.
Documents required for submission to "Government for Citizens" Public Corporation":
1. State registration of the right of ownership, the right of economic management, the right of operational management, the right of land use for a period of at least one year, an easement in favor of the dominant land plot or other real estate object for a period of at least one year.
List of required documents:
1) E-application on state registration of the right of ownership, the right of economic management, the right of operational management, the right of land use for a period of at least one year, an easement in favor of the dominant land plot or other real estate object for a period of at least one year in the form according to the Annex and (or) to the Rules;
Under state registration of emergence, change or termination of the right of common joint ownership, an application for registration may be submitted by all participants or by one of them upon presentation of consent of other participants certified by a notary.
Under state registration of emergence, change or termination of the right of common shared ownership (other common right), an application for state registration shall be submitted by all participants (authorized representatives).
2) An e-copy of title document confirming the right of ownership, the right of economic management, the right of operational management, the right of land use for a period of at least one year, an easement in favor of the dominant land plot or other real estate object for a period of at least one year.
In the case of registration of land plot use right, a land plot identification document shall be submitted.
3) Payment via EGPG.
2. Registration of the change in the real estate object identification characteristics required for the legal cadastre maintenance, the change in the right holder’s information contained in the legal cadastre registration sheet, the change in the right type, except for the change in the right type based of the legislative act; the change in the agreement terms & conditions concerned with the information contained in the registration sheet and affect the scope of rights established for the real estate object, or if they must be registered by the parties’ agreement.
1) E-application on state registration of the change in the real estate object identification characteristics required for the legal cadastre maintenance, the change in the right holder’s information contained in the legal cadastre registration sheet, the change in the right type, except for the change in the right type based of the legislative act; the change in the agreement terms & conditions concerned with the information contained in the registration sheet and affect the scope of rights established for the real estate object, or if they must be registered by the parties’ agreement in the form according to the annex and (or) to the Rules;
Under state registration of emergence, change or termination of the right of common joint ownership, an application for registration may be submitted by all participants or by one of them upon presentation of the consent of the other participants certified by the notary.
In state registration of emergence, change or termination of the right of common shared ownership (other common right), an application for state registration shall be submitted by all participants (authorized representatives).
2) An e-copy of title document confirming the registration of the change in the real estate object identification characteristics required for the legal cadastre maintenance, the change in the right holder’s information contained in the legal cadastre registration sheet, the change in the right type, except for the change in the right type based of the legislative act; the change in the agreement terms & conditions concerned with the information contained in the registration sheet and affect the scope of rights established for the real estate object, or if they must be registered by the parties’ agreement.
3) Payment via EGPG.
3. State registration of the right of use for a period of at least one year, including lease, gratuitous use, easements, rights of lifelong maintenance with dependency, annuity; trust management rights, including in guardianship, trusteeship, in inheritance legal relations, bankruptcy and others; pledge; arrest; restrictions (prohibitions) on the real estate use, disposal or on the performance of certain works imposed by public bodies within their competence; other real estate right encumbrances provided for by the laws of the Republic of Kazakhstan, with the exception of preferential interests.
1) e-application for state registration of the right of use for a period of at least one year, including lease, gratuitous use, easements, rights of lifelong maintenance with dependency, annuity; trust management rights, including in guardianship, trusteeship, in inheritance legal relations, bankruptcy and others; pledge; arrest; restrictions (prohibitions) on the real estate use, disposal or on the performance of certain works imposed by public bodies within their competence; other real estate rights encumbrances provided for by the laws of the Republic of Kazakhstan, with the exception of preferential interests in the form according to the annex and (or) to the Rules;
Under state registration of emergence, change or termination of the right of common joint ownership, an application for registration may be submitted by all participants or by one of them with the submission of the consent of the other participants, certified by a notary. Under state registration of emergence, change or termination of the right of common shared ownership (other common right), an application for state registration shall be submitted by all participants (authorized representatives).
2) an e-copy of the title document confirming the registration of the right of use for a period of at least one year, including lease, gratuitous use, easements, rights of lifelong maintenance with dependency, annuity; trust management rights, including in guardianship, trusteeship, in inheritance legal relations, bankruptcy and others; pledge; arrest; restrictions (prohibitions) on the use, disposal of real estate or the performance of certain works imposed by public bodies within the limits of their competence; other real estate rights encumbrances provided for by the laws of the Republic of Kazakhstan, with the exception of preferential interests.
3) Payment via EGPG.
Wherein the rights (encumbrances) arise based on the agreement or other transaction in the absence of their notary certification, an application in the prescribed manner shall be submitted by all the transaction parties.
An application for registration of a pledge emergence and change as a security for a bank loan agreement shall be submitted by the pledger and (or) pledgee. If the application is submitted by the pledgee, a notary certified consent of the pledger for such registration is required.
4. State registration of real estate rights (encumbrances of rights) in bankruptcy proceedings.
1) E-application for state registration of real estate rights (encumbrances of rights) in bankruptcy proceedings in the form according to the annex and (or) to the Rules;
In state registration of the emergence, change or termination of the right of common joint ownership, an application for registration may be submitted by all the participants or by one of them with the submission of the consent of the other participants, certified by a notary.
When registering the emergence, change, or termination of the right of common shared ownership (other common right), an application for state registration is submitted by all participants (authorized representatives).
2) An e-copy of title document confirming the registration of real estate rights (encumbrances on rights) in bankruptcy proceedings.
3) Payment via EGPG.
5. State registration of rights during the reorganization of a legal entity.
1) An e-application for state registration of rights during a legal entity reorganization, in the form set forth in the Annex and/or to the Rules;
2) An e-copy of the transfer deed or separation balance sheet.
A creditor rights under an obligation transferred to another person as a result of universal succession shall be registered without the pledger’s consent, including being the debtor.
In such cases, title documents to real estate, which are the basis for the emergence of rights for the reorganized legal entity shall be requested.
3) Payment via EGPG.
Documents required for submission to "Government for Citizens" Public Corporation":
1. State registration of property rights, economic management rights, operational management rights, land use rights for a period of at least one year, an easement in favor of a dominant land plot or other real estate object for a period of at least one year.
1) Application for state registration of property rights, economic management rights, operational management rights, land use rights for a period of at least one year, an easement in favor of a dominant land plot or other real estate object for a period of at least one year.
In case of state registration of creation, modification, termination of right for joint property, an application for registration may be submitted by all the participants or one of them with provision of a notarized consent from the other participants.
In case of state registration of creation, modification, termination of right for joint shared ownership (other common law), an application for state registration is submitted by all the participants (authorized representatives).
2) A title document certifying the property rights, economic management rights, operational management rights, land use rights for a period of at least one year, an easement in favor of a dominant land plot or other real estate object for a period of at least one year.
In case of registration of land use right for a land plot, an identification document for a land plot is submitted.
3) Document certifying payment for state registration of rights for real estate.
2. Registration of changes in the identification characteristics of a real estate object necessary for maintaining a legal cadastre, changes in the information about a rightholder contained in the registration sheet of a legal cadastre, changes in the type of right, except in the case of a change in the type of right based on a legislative act
1) An application for state registration of changes in the identification characteristics of a real estate object necessary for maintaining a legal cadastre, changes in the information about a rightholder contained in the registration sheet of the legal cadastre, changes in the type of right, except in the case of changes in the type of right on the basis of a legislative act; changes in the terms of contracts, if they relate to the information contained in the registration sheet, affect the volume of the rights established on the real estate object, or if they should be registered by agreement of the parties.
In case of state registration of creation, modification, termination of right for joint property, an application for registration may be submitted by all the participants or one of them with provision of a notarized consent from the other participants.
In case of state registration of creation, modification, termination of right for joint shared ownership (other common law), an application for state registration is submitted by all the participants (authorized representatives).
2) A title document certifying registration of changes in the identification characteristics of a real estate object necessary for maintaining a legal cadastre, changes in the information about a rightholder contained in the registration sheet of the legal cadastre, changes in the type of right, except in the case of changes in the type of right on the basis of a legislative act; changes in the terms of contracts, if they relate to the information contained in the registration sheet, affect the volume of the rights established on the real estate object, or if they should be registered by agreement of the parties.
3) Document certifying payment for state registration of rights for real estate.
3. State registration of the right of use for a period of at least one year, including rent, gratuitous use, easements, rights of lifelong maintenance with dependents, rent; rights of trust management, including in custody, guardianship, inheritance, bankruptcy and others; pledge; arrest; restrictions (prohibitions) on use, disposal of immovable property or for the performance of certain works imposed by state bodies within their competence; other encumbrances of rights to immovable property provided for by the laws of the Republic of Kazakhstan, except for preferential interests.
1) Application for state registration of the right of use for a period of at least one year, including rent, gratuitous use, easements, rights of lifelong maintenance with dependents, rent; rights of trust management, including in custody, guardianship, inheritance, bankruptcy and others; pledge; arrest; restrictions (prohibitions) on use, disposal of immovable property or for the performance of certain works imposed by government agencies within their competence; other encumbrances of rights to immovable property provided for by the laws of the Republic of Kazakhstan, except for preferential interests in the form, according to the appendix to the Rules; In case of state registration of creation, modification or termination of right of common joint ownership application can be submitted by all the participants or one of them with provision of a notarized consent from the other participants. In case of state registration of creation, modification, termination of right for joint shared ownership (other common law), an application for state registration is submitted by all the participants (authorized representatives).
2) A title document certifying state registration of the right of use for a period of at least one year, including rent, gratuitous use, easements, rights of lifelong maintenance with dependents, rent; rights of trust management, including in custody, guardianship, inheritance, bankruptcy and others; pledge; arrest; restrictions (prohibitions) on use, disposal of immovable property or for the performance of certain works imposed by government agencies within their competence; other encumbrances of rights to immovable property provided for by the laws of the Republic of Kazakhstan, except for preferential interests.
3) Document certifying payment for state registration of rights for real estate.
In cases where rights (encumbrances) arise based on a contract or other transaction in the absence of their notarization, an application is submitted in accordance with the established procedure by all the participants to the transaction.
An application for registration of the occurrence and modification of a pledge provided as security for a bank loan agreement is submitted by a pledgor and (or) a pledgee.
In case of submitting an application by a pledgee, a notarized consent of a pledgor for such registration is required.
4. State registration of title (title encumbrances) to immovable property in bankruptcy proceedings
1) Application for state registration of title (title encumbrances) to immovable property in bankruptcy proceedings.
2) Title document confirming a title (title encumbrances) to immovable property in bankruptcy proceedings.
3) Document certifying payment for state registration of rights for real estate.
In cases where a debtor's titles to immovable property have not been registered, the persons to whom the title to manage a debtor's property and affairs has been transferred also have the right to formalize the titles to immovable property and submit an application for registration on the basis of transactions concluded (signed) by a debtor prior to introduction of bankruptcy proceedings, and other title documents.
5. State registration of rights during re-organization of a legal entity.
1) Application for state registration of rights during re-organization of a legal entity.
2) Deed of transfer or demerger financial statements. The rights of a creditor under an obligation transferred to another person as a result of universal succession are subject to registration without the consent of a pledgor, including a debtor. In such cases, title documents for immovable property, which are the basis for the emergence of the right of a re-organized legal entity, are claimed.
3) Document certifying payment for state registration of rights for real estate.
Notification of the registration of the state registration or a reasoned response to the refusal to provide a public service.
When applying via the PEP /ENIS / objects of informatization, a notification of the state registration made or a reasoned response about the refusal to provide a public service.
- If the subjects and objects of legal relations, the type of title or real estate property title encumbrance and other objects of registration or the grounds for their occurrence, change or termination do not comply with the requirements of the law.
- If the applicant is included in the list of organizations and persons associated with financing of terrorism and extremism, in accordance with the legislation of the Republic of Kazakhstan.
- Based on relevant information from the bodies of architecture and urban planning, state architectural and construction supervision of the local executive bodies on the non-compliance of construction objects with the requirements of the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities.
- When the applicant submits an incomplete package of documents required for state registration in accordance with paragraph 8 of this List of public services, if the required documents were not submitted upon suspension of state registration.
- When submitted for registration of documents that do not comply with the requirements of the legislation in the form and content.
- If there are encumbrances that exclude state registration of the title or other object of state registration, except for the cases provided for in paragraph 1-1 of Article 31 of the Law.
- On the basis of a judicial act that has entered into legal force.
- If the circumstances that served as grounds for suspension were not eliminated during the period of suspension of registration.
- If the previously arisen right does not comply with the legislation in force at the time of its occurrence, if the object of registration is the transition, change, termination or establishment of an encumbrance in relation to such title.
- When applying for registration of titles and encumbrances on real estate property owned by state- owned Islamic special financial company, with the exception of registration of real estate property title of authorized body for state property and tenancy of authorized body of the relevant industry.
- The absence of the consent of the service recipient provided in accordance with Article 8 of the Law "On Personal Data and Their Protection", to access restricted personal data required for the public service provision.
- appeal;
- initiative of an administrative body or official.
General requirements for the appeal
The appeal submitted in hard copy or electronic form shall indicate:
- Full name, IIN, postal address of a natural person, BIN of a legal entity;
- name of administrative body, official to whom the appeal is submitted;
- the essence of an appeal;
- date of filing an appeal;
- signature of the applicant or his representative;
- other information provided for by legislation of the Republic of Kazakhstan.
If the administrative procedure is on a paid basis, the applicant must submit a document confirming the payment.
Source: Administrative Procedural Code of Republic of Kazakhstan,
The Law of the RK "On Public services"
According to the rate established by the Tax Code of the Republic of Kazakhstan