Kazakhstan takes next legislative steps towards developing electronic registration of immovable property and regulation of demolitions

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A number of legislative amendments concerning construction and real estate have been introduced with effect from February 7, 2021. The amendments make more specific the issues regarding the electronic registration of rights to immovable property and post-utilization (demolition) of buildings and structures. In general, the amendments have a positive effect, although some of them may only be implemented after the adoption of subordinate legislation detailing their application.

Please find below the most significant amendments made

  • The authorized body is charged with powers to approve the rules for issuing post-utilization (demolition) permits in respect of buildings and structures, while the akimats are entrusted with additional functions for recording and registration of certificates on the demolition of such facilities.
  • For state registration of the termination of rights due to the demolition of an item of immovable property, an applicant has to file an application attaching a demolition certificate. The demolition certificate, in turn, should be registered in advance with the local executive body (at the location of the immovable property item) regulating the architectural, urban planning and construction activities.
  • The six-month submission requirement for state registration of title to immovable property, and also the corresponding administrative liability (in the form of a warning or a fine, in the case of repeated violation within one year) for the failure to do so have been cancelled. Now applicants may apply for the registration of their title to immovable property without time limits.
  • The periods for state registration of terminated encumbrances and legal claims over immovable property have been reduced from three to one business day.
  • The authorized body is empowered to approve the procedure for confirming the electronic registration of rights to immovable property.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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