Special edition – novelties in legislation on state registration of immovable property

The Law of the Republic of Kazakhstan on State Registration of Immovable Property Rights dated 26 July 2007 (“the Law”) has been amended by the Law of the Republic of Kazakhstan On Amendments to Certain Legislative Acts of the Republic of Kazakhstan On Fundamental Improvement Of Business Environment for Entrepreneurship in the Republic of Kazakhstan dated 29 December 2014.

Technical Passports Application Scope Narrowed

Technical passport for immovable property is not required for the purposes of immovable property rights registration and real estate registration records.

Access to Information from Legal Cadaster

The Law extends the list of persons entitled to obtain copies of documents from registration file of legal cadaster. Subject to a written consent of the titleholder, information on certain immovable property and general information on rights of an individual or a legal entity for existing immovable property may be now made available to any interested party upon a grounded query.

Electronic Registration of Immovable Property Rights

Transactions in relation to rights for immovable property certified by public notary must be registered by the public notary through electronic governmental portal.

Registration Documents List Reduced

The following exhaustive list of documents is required for the purposes of immovable property rights registration:

• Application form on state registration;

• Title deed confirming the object of registration. For registration of land titles, land plot identification document is required;

• Document confirming registration fee payment.

Immovable Property Rights Registration Timeline Reduced

Pursuant to the Law statutory timeline for state registration of immovable property is five working days (as opposed to previous 15 working days) as from the application date filing with the registering agency.

Information contained in this Client Update is of general nature and cannot be used as legal advice or recommendation. Please seek a lawyer for a specific advice. Please note that Kazakhstan is an emerging economy and its legislation and legal system are in constant development. Should you have any questions or would like to discuss matters addressed in this Client Update, please contact us.