Buying an apartment is a troublesome and often time-consuming task. There are many factors to consider: from the area where the apartment is located, to the cleanliness of the documents, to the layout of the apartment itself.
Purchase of housing is carried out both at own expense and through mortgage programs of banks or under state programs.
In this material, we will explain step by step how to find, buy, and what documents you need to draw up in order to get your own apartment.
The first thing you need to do is to find an apartment that suits your needs. There are a few options here: Find it yourself, including by using real estate search sites or by contacting real estate agencies, realtors, which can save you time. But keep in mind that for their services you will have to pay according to your agreement (on average from 1 to 2% of the cost of the purchased apartment).
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A mortgage is a loan that is secured by real estate. The property purchased with the help of a mortgage is your property from the moment of purchase. A mortgage loan is granted for a certain part of the cost of housing. The rest of the apartment price must be paid by the borrower (the Buyer) from its own funds, and is called the down payment.
Mortgage steps
The standard set of documents for obtaining a mortgage loan usually includes
If necessary, the bank may request additional documents.
It can take from a few days to a few weeks for the bank to make a mortgage decision. Further, after consideration of the application and a positive decision by the bank for the final signing of the loan agreement the bank carries out an assessment of housing and the signing of the contract of compulsory real estate insurance, the costs of which according to the terms of the bank can be borne by you.
Registration of collateral on the basis of a mortgage agreement
After signing the real estate pledge agreement in the bank, the Owner applies to the PSC.
In the order of the electronic queue, it passes to the operating room for the delivery of documents to the PSC employee.
The employee checks the completeness of the submitted documents in accordance with the list, namely the pledge agreement – 2 copies; a document confirming payment for state registration; in the case of a representative's request, a notarized power of attorney.
Result: the registration authority affixing a mark on the registration of the pledge (stamp) on the pledge agreement; in case of refusal of state registration or suspension, sending a notification indicating the reason for refusal or suspension of registration.
Once a suitable apartment has been found, you will need to agree with the landlord on when and when to inspect the apartment. When you look at all the nuances, such as the correctness of the documents for the apartment, the availability of repair, furniture, utilities, infrastructure, the presence of encumbrances, debts on payment for condominium and other services, etc.
We recommend to check the authenticity of title documents and correctness of the technical passport for housing before executing the transaction. The data sheet must contain up-to-date information on the layout and redesign of the property (if available). If the actual layout of the apartment that you have noticed during the inspection differs from the one in the technical data sheet, it is a problem, and it should be solved by the landlord.
You can check if there are any encumbrances by asking the landlord to obtain a certificate of encumbrances (form 2).
When buying or renting real estate, we recommend evaluating the criminality of the area and the security for living!!.
In order to view crime statistics in the area you are interested in, you need to visit the official website of the Committee on Legal Statistics and Special Records of the Prosecutor General's Office of the Republic of Kazakhstan - www.qamqor.gov.kz , section of geographical maps "Map of criminal offenses (crime map)" (direct link - www.gis.kgp.kz).
For the convenience of users, information about the criminality of the district is also posted on the website www.krisha.kz. To view them, you need to display all offers for renting /selling real estate on www.krisha.kz in the map format, click on the "Crime" button in the lower left corner of the screen and select the period of interest. (All information is taken from official data www.qamqor.gov.kz)
If you are happy with everything, you should make an appointment with the landlord about the final price. At the same stage it is necessary to discuss the format of the transaction, i.e. you either buy an apartment with your own funds or consider the possibility of buying a mortgage through the bank.
It is not recommended to buy an apartment if:
The Seller and the Buyer (participants in the transaction), after drawing up the purchase and sale agreement in a simple written form (without the participation of a notary), contact the Public service Department (PSC) of the branch of the NAO "State Corporation "Government for Citizens" at the location of the real estate object.
In the order of the electronic queue, the participants of the transaction go to the operating room to verify the authenticity of the signatures of the persons who made the transaction (their authorized representatives), their legal capacity (legal capacity), as well as the compliance of their will with the will.
Confirmation of the completion of the authentication procedure of the signatures of the parties to the transaction is the marking and signature of the responsible employee of the PSC on copies of contracts.
After that, the PSC employee accepts an application of the established sample for state registration of rights to immovable property.
The parties to the transaction fill out an application. The buyer pays for registration.
An employee, when accepting an application for state registration of rights to immovable property, requires an identity document of the applicant(s) to identify him (them) with the information provided from the state information system of the state body, after which he returns to the service recipient, and also demands the following documents:
1) purchase and sale agreement;
2) identification document for the land plot (if there is a land plot);
3) consent of all participants of shared ownership (notarized application);
4) notarized consent of the other spouse (if both spouses are parties to the transaction, then notarized consent is not required);
5) in the absence of marital relations, a statement written with his own hand stating that the owner of the alienated and acquired property is not married;
6) written consent of guardianship and guardianship authorities, guardians of minors or persons with limited legal capacity, if the owner of immovable property is a minor or a person with limited legal capacity;
7) a document confirming payment for the state registration of rights to immovable property.
Legal entities, in addition to the documents specified in subparagraphs 1), 2), 3) and 7), submit constituent documents (articles of association, regulations, foundation agreement), the decision of the sole participant or minutes of meetings (extracts from them) of the founders (participants, board of directors, board of shareholders) for the acquisition or alienation of real estate, in cases provided for by legislative acts of the Republic of Kazakhstan or constituent documents.
Foreign legal entities submit a legalized extract from the commercial register or other legalized document certifying that a foreign legal entity is a legal entity under the legislation of a foreign state, with a notarized translation into the state and Russian languages.
If the book value of assets acquired or sold exceeds the amounts established by the legislation of the Republic of Kazakhstan in the field of competition protection, then individuals and legal entities, in addition to the above documents, submit a preliminary written consent of the antimonopoly authority.
Payment for registration of rights is charged in accordance with the price list of goods (works, services) in the field of state registration of rights to immovable property, approved by Order of the Minister of Information and Communications of the Republic of Kazakhstan dated September 27, 2018 No. 418.
The result of the provision of a public service is the provision by the registering authority of a note on the registration of rights in the contract or the sending of a notification of the registration.
When buying a home at your own expense, when all the money is on hand, you can make a real estate transaction at will by contacting a notary or formalize a purchase and sale agreement without the participation of a notary.
You can choose one of the forms of registration of a real estate transaction: notarial or simple written.
In the first case, the notary assumes responsibility for conducting the transaction and drawing up the contract, in the second - the parties to the transaction: the Seller and the Buyer themselves must control the compliance of the transaction with the legislation.
The registration process:
Through a notary
1.The buyer, together with the landlord, applies to any notary, regardless of the location of the property.Information on notaries of the Republic of Kazakhstan can be found on the website enis.kz.
2. The notary through the Unified Notary Information System (ENIS) checks all title documents, technical passport of housing and checks with information about registered rights (encumbrances) on real estate and its technical characteristics contained in the state database "Real Estate Register" (GBD RN);
3.The notary draws up the contract of sale and approves its text with both parties;
4.In the presence of a notary, funds are transferred from the buyer to the seller;
5.After that, the contract of sale is certified by signatures from both sides;
6.The seller or buyer (by agreement) pays the state fee to the notary for the transaction. Payment is made according to the rates specified in Article 611 of the Tax Code;
7.Notary after the transaction is certified:sends an electronic copy of the title document (contract), certified by an electronic digital signature, through a single notary information system to the information system of the legal cadastre;
8.The copyright holder or his authorized representative pays the amount for state registration through the payment gateway of the "electronic government" (hereinafter - PSHEP) in any way.
9.The registering authority sends a notification of the registration made or of the refusal or suspension of state registration on the grounds provided for by this Law to the unified notary information system (ENIS), as well as to the e-mail addresses of the participants in the transaction - if any;
Electronic registration is carried out no later than one working day following the day of receipt in the information system of the legal cadastre of confirmation of payment for state registration of rights to immovable property.