On Housing Relations

Law of the Republic of Kazakhstan dated 16 April 1997 No. 94

Unofficial translation

      Footnote. Throughout the whole text the numerals “I – VI” are respectively substituted by the numerals “1 – 6” after the word “Section” in accordance with Law of the Republic of Kazakhstan dated 20.12.2004 No. 13 (enforced from 01.01.2005).
      Footnote. Throughout the whole text:
      the words “national service” are in all cases substituted by the words “military service” by Law of the Republic of Kazakhstan dated 22.05.2007 No. 255 (enforced from date of official publication).
      the words “necessities”, “separate (individual)”, and “separate” are respectively substituted by the words “needs”, “individual (separate)” by Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

SECTION 1

Chapter 1. General provisions

Article 1. Housing legislation of the Republic of Kazakhstan

      1. Housing legislation of the Republic of Kazakhstan regulates relations with participation by citizens, legal entities and State bodies linked with:
      1) grounds for creation and termination of rights of ownership of a dwelling place and right to exercise them;
      2) exercise of the right to use dwelling places;
      3) requirements concerning dwelling places;
      4) preservation and repair of housing stock;
      5) control of state bodies for respect of civil rights regarding housing and use of housing stock;
      6) special aspects of regulating housing relations with participation by employees of special state bodies.
      2. Housing relations in Kazakhstan shall be regulated by this Law and regulations of the Civil Code and other Kazakh legislation issued in accordance therewith.
      3. Relations linked with financing of construction, development and increasing of housing stock shall be regulated by relevant Kazakh legislation in recognition of the requirements of this Law.
      4. Accommodation in hotels, boarding houses, foster homes, pensioner's houses and other premises of similar purpose shall be regulated by Kazakh legislation.
      Footnote. Article 1 as amended by Laws of the Republic of Kazakhstan dated 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication); 13.02.2012 No. 553-IV (enforced from 01.01.2013).

Article 2. Basic definitions used in this Law

      The following basic definitions shall be used in this Law:
      1) needy families (citizens) – persons with the right to secure housing assistance in accordance with Kazakh legislation;
      1-1) military servants – Kazakh citizens in military service with the Kazakh Armed Forces, other forces and military formations;
      2) individual (separate) property – property of citizens, legal entities or the State in a housing unit, consisting of a residential house (residential building);
      3) written questionnaire – opinion survey of more than two-thirds of owners of premises (flats) in condominium, for adoption of decisions linked with management, maintenance and operation of the condominium object, made in writing prior to a regular meeting;
      4) lender (lessor) – party to lease agreement for dwelling place, being the owner of a dwelling place, or the person authorized by the owner to lease a dwelling place;
      5) leasehold house – residential house (residential building) belonging to an individual and/or legal entity on the basis of right of ownership, in which housing units (flats) are designed for lease;
      6) tenant (lessee) – party to a lease agreement for dwelling place, receiving a dwelling place or part thereof for permanent or temporary possession and use;
      7) hall of residence – residential building especially built or reequipped for accommodation of persons working under a labour agreement, for students (cadets, post-graduates) and persons in full-time education, and other persons in a labour agreement with an owner or tenant of a hall of residence;
      7-1) personal special account – current bank account, opened by employees of special state bodies in a second-tier bank for crediting of housing payments and payments for specified goals;
      8) private housing stock – dwelling places belonging to individuals or non-state legal entities and their associations on basis of right of ownership;
      9) land plot – territory allotted to a residential house (residential building) as established by Kazakh legislation;
      10) public services – services, provided in a residential house (residential building), including water supply, sewage facilities, gas supply, electric supply, heat supply, rubbish disposal and lift maintenance;
      10-1) public housing stock – dwelling places under the supervision of local executive bodies and allotted to special state housing provision institution for use;
      11) condominium – form of property ownership in which premises are the individual (separate) property of citizens, legal entities and the state, and common ownership is theirs on the basis of joint shared property;
      12) condominium – unified property complex consisting of residential and non-residential premises, individually (separately) owned by individuals, legal entities and the state, with common property being theirs on the basis of joint shared property;
      13) meeting of condominium object members – joint presence of owners of premises (flats) in a predetermined place and time for collective discussion and adoption of decisions linked with management and maintenance of the condominium;
      14) condominium managing authority – an individual or legal entity that manages the condominium;
      15) maintenance of condominium – a combination of engineering and administrative measures implemented by a service provider in accordance with an agreement, concluded with the condominium managing authority;
      16) large family – a family with four and more minors living together (including those temporarily absent);
      17) re-equipment – change of premises linked with change of its functional purpose, full or partial replacement of the internal system of technological and/or p engineering equipment, required for living and operation;
      18) alteration – change of planning of premises interconnected with change of borders of premises;
      19) sub-lessee - party to a residential sublease agreement, receiving a dwelling place or part thereof in permanent or temporary ownership or use from tenant (a lessee);
      20) corporate housing – dwelling place with special legal regime, provided from housing stock of a State institution and designed for populating by Kazakh citizens for the period of fulfilment of their obligations linked with nature of labour relations, and by Kazakh citizens participating in active measures of promotion of employment in accordance with the Kazakh legislation concerning employment of the population;
      21) dwelling place equated to corporate housing – dwelling place provided from public housing stock to public employees, workers of state-financed organizations, military servants, astronaut candidates, astronauts, employees of special state bodies and persons holding state elective posts, or from the housing stock of state enterprises to state enterprise workers;
      21-1) state enterprise housing stock – dwelling places supervised by a state enterprise;
      21-2) state institution housing stock – dwelling premises supervised by state institutions, with the exception of a special state institution providing dwelling places for use;
      22) state housing stock – dwelling places, belonging to the state on the basis of right of ownership and included in public housing stock, state enterprise housing stock and state institution housing stock;
      23) oralman – ethnic Kazakh, permanently residing outside Kazakhstan on acquisition of its sovereignty, and his/her children of Kazakh nationality, born and permanently residing outside Kazakhstan after acquisition of its sovereignty and arriving in Kazakhstan for the purpose of permanent residence in historical homeland and granted the relevant status according to the Law of the Republic of Kazakhstan “Concerning migration of population”;
      24) common property – parts of condominium (entrances, stairs, lifts, roofs, lofts, basements, engineering systems and equipment outside an apartment or common to a block, post office boxes and land plot, including improvements and other common property), except for premises individually (separately) owned;
      24-1) service provider – an individual or legal entity, carrying out maintenance of a condominium;
      25) Is excluded by Law of the Republic of Kazakhstan dated 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication);
      26) incomplete family – a family, in which all children are nurtured by one parent, including divorcees and widow(er)s;
      27) non-residential premises – separate premises used for other purposes than permanent living (shop, cafй, workshop, office &c), with the exception of parts of a residential house/ building that are common property;
      28) welling place – separate dwelling unit (individual residential house, flat, residence room), designed and used for permanent living and satisfying established technical, sanitary and other essential requirements;
      29) lease/rent of dwelling place – provision of a dwelling place or part thereof to tenant (lessee) in permanent or temporary ownership and for a fee;
      30) lease/rental agreement for dwelling place – agreement in accordance with which a lender (lessor) shall provide permanent or temporary right ownership and use of dwelling place or part thereof to a lender (lessor);
      31) privatization of dwelling place – acquisition of ownership of housing units by citizens occupying state housing stock properties, carried out in accordance with Kazakh legislation;
      32) residential sublease agreement – agreement between parties in accordance with which a tenant provides permanent or temporary right of possession and use of a dwelling place or part thereof to a sub-tenant;
      33) floor area of dwelling place – total usable floor space of a dwelling place and balconies (loggia, verandas, terraces), calculated using decreasing coefficients in accordance with normative and technical acts;
      34) cost of dwelling place – market price of a dwelling place, determined on date of completion of transaction;
      35) usable space of dwelling place – sum of living and non-living spaces of dwelling place;
      36) living space of dwelling place – total area of living rooms (bedrooms, sitting rooms, children’s room, home office and others) in a dwelling place (flat), calculated in square metres;
      37) non-living space of dwelling place – total area of indoor utility rooms (kitchen, bathroom, toilet room, lobby, corridor, box room and others) in a dwelling place (flat), calculated in square metres;
      38) requisition of dwelling place – compulsory seizure of a dwelling place from an owner in emergency situations following decision of state bodies as established by Kazakh legislative acts, with payment of costs of exempted dwelling place or other types of compensation, not inconsistent with Kazakh legislative acts;
      39) residential house (residential building) – structure, essentially consisting of housing units, non-living premises and other parts all forming a common property;
      40) residential house (residential building) maintenance costs – mandatory amount of expenses of paid monthly by premises/flat owners, established by decision of general meeting, for operation and repair of common property of condominium, maintenance of land plot, cost of acquisition, establishment, exploitation and calibration of common housing metering instruments for consumption of public services, public service payment costs incurred in maintenance of common property of condominium, and contributions to cumulative fund for ongoing capital repair of common or separate property in the condominium;
      40-1) depreciated cost of dwelling place (hereinafter - depreciated cost) – initial cost of a dwelling place after deduction of dilapidation of dwelling place;
      40-2) dilapidation of dwelling place – loss of initial technical and operational performance (strength, rigidity, reliability &c) following exposure to natural, climatic and other factors;
      41) floor area of residential house (residential building) – total floor areas of all dwelling places and areas of all non-residential premises, and areas of parts of residential house commonly owned;
      42) housing unit (flat) – separate premises designed and used for permanent living, including both living and non-living space of dwelling place;
      43) housing cooperative (housing and construction cooperative) – non-commercial association of citizens with the purpose of acquisition (construction) and operation of a residential house, in which the right of ownership of a residential house belongs to the cooperative, and in which citizen members of cooperative shall have the right of possession and use of premises allotted to them in particular cases – the right of disposal in the established manner and sharing in residential house maintenance costs;
      44) housing stock – dwelling places of all forms of ownership within Kazakh territory;
      44-1) housing payments – volume of funds, differentiated according to regions and family composition, payable as special cash cover, in exchange for provision of a dwelling place from housing stock of special state bodies to employees of special state bodies requiring them at the expense of state budgetary funds;
      44-2) housing payment recipients – employees of special state bodies, recognized needing dwelling places, as established by the Law;
      45) temporary inhabitants – citizens given the right of temporary residence in a dwelling place without payment by them for use of dwelling place from a tenant (dwelling place owner, housing cooperative member);
      46) authorized body – a central executive body providing administration and cross-sector coordination in the scope of housing relations;
      47) premises – separate indoor space in a residential house (residential building). The borders of each premises shall be their indoor unfinished surfaces of walls, floor and ceiling (inter-storied floor structures) unless otherwise provided by Kazakh legislation or by agreement between owners;
      48) premises (flats) owners’ cooperative – non-commercial organization, created by premises/flat owners for joint administration of common property of condominium;
      49) ember of premises (flats) owners co-operative – owner of premises (flats) in the condominium object who founds the premises (flats) owners’ cooperative or is admitted as a member of premises (flats) owners’ cooperative on the basis of submitted application;
      50) restricted common property – separate parts of common property, transferred for use to separate owner in the established manner.
      Footnote. Article 2 in wording of Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV; as amended by Laws of the Republic of Kazakhstan dated 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication); 22.07.2011 No. 478-IV (enforced upon expiry of ten calendar days after first official publication); 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication); 06.01.2012 No. 529-IV (enforced upon expiry of twenty-one calendar days after first official publication); and 13.02.2012 No. 553-IV (enforced from 01.01.2013); Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (enforced upon expiry of ten calendar days after first official publication).

Article 3. Housing stock of the Republic of Kazakhstan

      1. The housing stock of the Republic of Kazakhstan shall include private and state housing stock.
      2. The housing stock shall not include non-residential premises in residential houses.
      2-1. Special state bodies shall have corporate housings, the procedure for organization and provision of which shall be established by the Government of the Republic of Kazakhstan. Premises provided from housing stock of special state bodies to employees from 1 January 2013 may not be privatized, except where provided by the Law of the Republic of Kazakhstan “Concerning special state bodies of the Republic of Kazakhstan”.
      3. Compulsory alienation of housing units by local representative and executive bodies or other organizations private housing stock and state enterprise housing stock, and that of state institutions, shall be prohibited, exception as provided by this Law and other Kazakh legislative acts.
      Footnote. Article 3 as amended by Laws of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV; dated 01.03.2011 No. 414-IV (enforced from the date of its first official publication); 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after its first official publication); and 13.02.2012 No. 553-IV (enforced from 01.01.2013).

Article 4. Use of dwelling places

      1. Use of dwelling places (housing units) or parts thereof for non-residential purpose shall be allowed under conditions provided by this Law.
      2. Use of dwelling place shall not lead to its destruction or damage, violate the conditions of occupation of other dwellers, or cause environmental damage.
      3. Re-equipment and alteration of housing units and non-residential premises in residential houses are possible with the agreement of their owner and when there is a project performed by an individual or legal entity responsible compliance with regulations and rules. Non-residential premises shall be isolated from housing units and shall not have a common entrance (exit). Compliance of the project with compulsory requirements shall be confirmed by an authorized architecture, urban construction and construction specialist organisation as established by Kazakh legislation.
      Responsibility for compliance of completed works with the re-equipment and alteration project shall be borne by the owner and service provider as established by Kazakh Laws.
      For alteration (re-equipment, replanning) of premises (flats), the compulsory written consent of no less than two-thirds of total number of premises (flats) owners on the residential house shall be required in the following cases:
      alterations involving load-carrying structures;
      alterations involving common property.
      If all the above alterations concern only the interests of owners of other premises (parts of house) linked to alterable premises (parts of house), the written consent of the mentioned persons only shall be required.
      Footnote. Article 4 as amended by Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (enforced from 01.01.2005); 06.07.2007 No. 276; 08.06.2009 No. 163-IV; and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 5. Joint operation of residential house

      Owners of premises (citizens, legal entities, state) shall have the right to join to any association not prohibited by Kazakh legislation for joint operation of a residential house.
      Footnote. Article 5 as amended by Law of the Republic of Kazakhstan dated 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 6. Management of housing stock and condominium

      The housing stock and condominium shall be managed by an owner, directly or through bodies created (appointed, elected) by him/her, and through authorized powers of attorney.
      Footnote. Article 6 as amended by Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

Article 7. State recording of housing stock of the Republic of Kazakhstan

      The housing stock of the Republic of Kazakhstan, regardless of ownership, shall be recorded under the unified system for the Republic of Kazakhstan as established by the Government of the Republic of Kazakhstan.

Article 8. Resolution of housing disputes

      1. Disputes arising from housing relationships shall be resolved by court.
      2. Eviction of citizens and legal entities from occupied housing units shall be allowed only on the basis established by this Law, in a judicial proceeding.

Article 9. Rights and obligations of foreign legal entities, foreign persons and stateless persons in housing relations

      1. Foreign legal entities and foreign persons shall, in housing operations in the Republic of Kazakhstan hear equal rights and obligations to legal entities and citizens of the Republic of Kazakhstan, unless Kazakh legislative acts establish otherwise.
      2. Stateless persons permanently residing in the Republic of Kazakhstan shall bear equal housing relation rights and obligations to citizens of the Republic of Kazakhstan.

Article 10. International treaties

      If international treaties ratified by the Republic of Kazakhstan establish other rules than those contained in Kazakh housing legislation, the rules of these international treaties shall be applied.

Chapter 1-1. State regulation of housing relations

      Footnote. Law supplemented by Chapter 1-1 in accordance with Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

Article 10-1. Competence of Government of the Republic of Kazakhstan

      The Government of the Republic of Kazakhstan shall:
      1) develop the basic directions of state housing relations policy and organize their implementation;
      2) confirm the rules for maintenance of common property in condominium;
      3) confirm the rules of provision of housing assistance;
      4) confirm the standard cooperation agreements between a managing authority of condominium object and market entities, rendering public utilities to final consumers, as advised by an authorized body in the scope of housing relations;
      5) confirm the rules for provision of public utilities;
      6) determine the unified procedure for implementing the state recording of housing stock of the Republic of Kazakhstan;
      6-1) determine the procedure for privatization of dwelling places from the state housing stock;
      6-2) determine the procedure for registration of Kazakh citizens requiring a dwelling place from the state housing stock or a dwelling place leased by a local executive body of a private housing stock;
      7) perform other functions, assigned to it by the Constitution, the Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. Article 10-1 as amended by Laws of the Republic of Kazakhstan dated 27.06.201 No. 444-IV (enforced upon expiry of ten calendar days after first official publication); 05.07.2011 No. 452-IV (enforced from 13.10.2011); 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication); and 03.07.2013 No. 124-V (enforced upon expiry of ten calendar days after first official publication).

Article 10-2. Competence of authorized body

      An authorized body shall:
      1) implementation state housing relations policy;
      1-1) carry out coordination and organizational supervision of local housing relations executive bodies;
      2) develop and submit to the Government of Kazakhstan the rules for maintenance of common property in condominium, provision of housing assistance and provision of public utilities, and standard form contracts of cooperation between the condominium managing authority and market entities supplying public utilities to final consumers;
      3) excluded by Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (enforced upon expiry of ten calendar days after first official publication);
      4) develop and confirm regulatory legal acts, normative and technical documentation concerning housing relations, within the limits of its competence;
      5) excluded by Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (enforced upon expiry of ten calendar days after first official publication);
      6) provide informational and methodical assistance on issues of execution of Kazakh housing legislation;
      7) monitor the condition of the housing stock;
      8) excluded by Law of the Republic of Kazakhstan dated 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication);
      9) develop and confirm the standard protocol of premises (flats) owners meeting, the voting sheet used during meetings of premises (flats) owners, and report on administration of condominium;
      10) develop and confirm the forms for the compulsory departmental report, prompt sheets, risk assessment criteria and six-monthly audit plans in accordance with the Law of the Republic of Kazakhstan “ Concerning state control and supervision in the Republic of Kazakhstan”;
      10-1) develop and confirm methods for proportional distribution of dwelling places from the state housing stock or dwelling places leased by a local executive body in private housing stock;
      10-2) develop and confirm methods for calculating the amount of payment for use of a dwelling place from the state housing stock;
      10-3) determine procedure for calculating the joint income of a family (or Kazakh citizen), applying for housing assistance, and for provision of a dwelling place from the state housing stock or a dwelling place leased by a local executive body in private housing stock;
      10-4) develop and confirm methods for calculating the estimated cost of maintenance of common property in a condominium;
      10-5) confirm the standard regulations concerning housing inspection;
      10-6) confirm the standard form condominium administration contract;
      10-7) develop and confirm the qualifying requirements imposed on recommended inspectorate of applications for the cooperative chairman of premises (flats) owners;
      10-8) monitor the provision of housing assistance;
      10-9) methodologically introduce the modern management method in organizations providing housing-operation and public utilities;
      11) exercise other powers, provided by this Law, other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. Article 10-2 as amended by Laws of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (for method of enforcement see Article 2); 19.03.2010 No. 258-IV; 06.01.2011 No. 378-IV (enforced upon expiry of ten calendar days after first official publication); 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication); 05.07.2011 No. 452-IV (enforced from 13.10.2011); 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication); 10.07.2012 No. 36-V (enforced upon expiry of ten calendar days after first official publication); 13.06.2013 No. 102-V (enforced upon expiry of ten calendar days after first official publication); 03.07.2013 No. 124-V (enforced upon expiry of ten calendar days after first official publication); and 13.01.2014 No. 159-V (enforced upon expiry of ten calendar days after first official publication).

Article 10-3. Competence of local state managing bodies of regions, cities of national significance, and capital

      1. Local representative bodies for regions, cities of national significance and the capital shall exercise the powers to ensure the rights and legal interests of citizens in accordance with Kazakh legislation.
      2. Local executive bodies for regions, cities of national significance and the capital shall:
      1) excluded by Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (enforced upon expiry of ten calendar days after first official publication);
      1-1) implement state housing relations policy;
      2) carry out the state control of housing stock;
      3) organize the work of housing inspection to control of activity of condominium managing authorities to ensure preservation and proper operation of housing stock;
      4) make arrangements for maintenance of common lands not included in composition of condominiums at the expense of budgetary funds;
      4-1) transfer dwelling places from public housing stock to ownership by Kazakh citizens under conditions provided by this Law and as prescribed by the Government of the Republic of Kazakhstan;
      4-2) secure organization of arrangements to preserve and reliably operate housing stock;
      4-3) secure reimbursement of cost of compiling the technical certificates for condominium in cases provided by paragraph 2-2 of Article 32 of this Law, at the expense of budgetary funds;
      4-4) provide housing assistance at the expense of budgetary funds;
      5) exercise other powers assigned to local executive bodies in the interests of local state administration by Kazakh legislation.
      Footnote. Article 10-3 as amended by Laws of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (for method of enforcement see Article 2); 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication); 05.07.2011 No. 452-IV (enforced from 13.10.2011); 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication); 13.06.2013 No. 102-V (enforced upon expiry of ten calendar days after first official publication); and 03.07.2013 No. 124-V (enforced upon expiry of ten calendar days after first official publication).

Article 10-4. Competence of local state managing bodies of districts and cities of national significance

      1. Local representative bodies of districts and cities of national significant shall exercise their powers to ensure the rights and legal interests of Kazakh citizens in accordance with Kazakh legislation.
      2. Local executive bodies of districts and cities of national significance shall:
      1) excluded by Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (enforced upon expiry of ten calendar days after first official publication);
      2) secure organization of arrangements to preservation and properly operate housing stock;
      3) carry out state control of housing stock;
      4) organize the work of the housing inspection committee to monitor the activity of condominium managing authorities to ensure preservation and proper operation of housing stock;
      5) provide housing assistance at the expense of budgetary funds;
      6) secure reimbursement of cost of compiling the technical certificates for condominium object in cases provided by paragraph 2-2 of Article 32 of this Law, at the expense of budgetary funds;
      7) transfer dwelling places from public housing stock to ownership by Kazakh citizens under the conditions provided by this Law, and as prescribed by the Government of the Republic of Kazakhstan;
      8) exercise other powers assigned to local executive bodies in the interests of local state administration by Kazakh legislation.
      Footnote. Article 10-4 in the wording of Law of the Republic of Kazakhstan dated 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication); as amended by Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (enforced upon expiry of ten calendar days after first official publication).

SECTION 2

Chapter 2. Acquisition of right of private ownership to dwelling place

Article 11. Right to acquire a dwelling place

      1. A citizen or a legal entity may have a legally acquired dwelling place in private ownership, regardless of his/her location in Kazakh territory, unless Kazakh legislative acts provide otherwise.
      2. The number and sizes of dwelling places, owned by one citizen or a legal entity shall not be restricted.
      3. Relations, linked with the acquisition or exercise of the right of ownership to a dwelling place shall also be regulated by Kazakh civil legislation.
      Footnote. Article 11 as amended by Laws of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV; and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 12. Grounds for creation of right of ownership to dwelling place

      Right of ownership to a dwelling place or part thereof shall be created by the following grounds:
      1) building of house (part thereof);
      2) conclusion of transactions for purchase and sale, gift, alienation under condition of permanent maintenance, and other civil transactions not inconsistent with Kazakh legislation;
      3) receipt of a dwelling place by inheritance or universal legal succession;
      4) acquisition by a tenant of a dwelling place him/her in a state housing stock following privatization (redemption or transfer without charge);
      5) introduction by a housing cooperative member of total sum of unit contribution for housing unit by a member of housing (housing and construction) cooperative;
      6) transfer of ownership of housing unit by virtue of contractual commitment, including the contracts for participation of a citizen by his/her funds or by labour in building a house;
      7) transfer of ownership of a dwelling place by legal entities based on non-state ownership to an employee or other person, by selling or transfer without charge;
      8) transfer of ownership of a dwelling place by the state or a legal entity, based on state ownership, to an employee or other person under conditions established by Kazakh legislation;
      9) transfer of ownership of a dwelling place as compensation for forfeit of a dwelling place in private ownership, due to demolition or requisition;
      10) on other grounds, not prohibited by Kazakh legislative acts.
      Footnote. Article 12 as amended by Law of the Republic of Kazakhstan dated 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 13. Acquisition of right of ownership by a tenant to occupied dwelling place from the state housing stock by means of privatization

      1. In cases provided by this Law, a tenant of a dwelling place from the state housing stock may privatize the dwelling place according to depreciated cost on conditions provided by this Law and as prescribed by the Government of the Republic of Kazakhstan, with the consent of adult family members and in recognition of adult persons’ rights.
      The circle of a tenant’s family members shall be determined in accordance with Article 21 of this Law.
      2. A privatized dwelling place shall transfer to the joint ownership of the tenant and all family members permanently residing with him/her, including temporarily absent persons, unless otherwise provided by the agreement between them.
      3. Alienation of a jointly owned dwelling place shall be allowed only with the consent of all owners. If transaction concerns the interests of minors who own the dwelling place, the approval of the trusteeship and guardianship authority shall be required.
      4. Corporate housings from the state housing stock may be privatized on the grounds provided by paragraph 2 of Article 109 of this Law.
      5. Dwelling places from the state housing stock, equated to corporate dwelling places, may be privatized on the grounds provided by paragraph 3 and 4 of Article 101 of this Law.
      6. A dwelling place in which several tenants live may be privatized only with the agreement of all tenants and their adult family members. In this case, the dwelling place shall transfer to proportional ownership of all lodgers.
      7. The following dwelling places may not be privatized:
      1) dwelling places leased in accordance with particular contracts of employment by several tenants, when one of them refuses to purchase;
      2) temporary constructions;
      3) those that do not meet established sanitary and technical requirements;
      4) those subject to re-fitting as non-residential premises by virtue of their unsuitability for further accommodation;
      5) those in the territory of military communities, frontier stations and other closed objects;
      6) those in specially protected natural areas;
      7) those subject to demolition;
      8) those provided from public housing stock for use by Kazakh citizens, where one dwelling place recognized as critical within the meaning of Kazakh legislation;
      9) those provided, from 1 January 2013, from housing stock of special state bodies to employees, with the exception of cases provided by the Law of the Republic of Kazakhstan “Concerning special state bodies of the Republic of Kazakhstan”.
      Bedsits and single rooms provided to persons working under labour agreements, students (cadets, post-graduates) and students on periods of study shall not be privatized.
      8. The following persons shall have the right to obtain free dwelling places, owned by them from the state housing stock:
      1) disabled persons and participants of the Great Patriotic War. In case of death of a disabled person or participant of the Great Patriotic War provided with a dwelling place, the right to his/her free obtainment shall be transferred to his/her family members;
      2) disabled persons of disability groups 1 and 2;
      3) persons involved in liquidating the consequences of the Chernobyl Atomic Electric Power Station disaster, other radiation disasters and accidents occurring in civil or military purposes and in direct participation in nuclear tests and exercises;
      4) Kazakh citizens harmed by nuclear tests at the Semipalatinsk nuclear test site;
      5) military servants disabled due to wounds or blast-related or other injury sustained during protection of the former Union of Soviet Socialist Republics or in fulfilment of other military service duties or in other periods, or due to illness, linked with time spent in the ranks and in active duty in Afghanistan or other countries in which the operations were conducted.
      6) Kazakh citizens harmed by the ecological catastrophe in the Sub-Aral area;
      7) military servants as well as employees of special state bodies, having twenty or more calendar years in service;
      8) astronaut candidates and astronauts. If an astronaut candidate or to whom a dwelling place was granted is killed (dies), the right to its gratuitous obtainment shall transfer to the heirs of the deceased person.
      9. Kazakh citizens shall privatize only one dwelling place from the state housing stock in Kazakh territory.
      Footnote. Article 13 in the wording of Law of the Republic of Kazakhstan dated 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication); as amended by Law of the Republic of Kazakhstan dated 06.01.2012 No. 529-IV (enforced upon expiry of ten calendar days after first official publication); and 13.02.2012 No. 553-IV (enforced from 01.01.2013).

Article 14. Introduction of total unit contribution by member of housing (housing and construction) cooperative

      A housing (housing and construction) cooperative member who pays a total unit contribution shall become a dwelling place owner. The right of ownership of such dwelling place shall be acquired by his/her family members who have the right to part accumulation.

Article 15. Transfer of ownership of dwelling following demolition of house due to compulsory alienation of land plots for state requirements

      Footnote. Title as amended by Law of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (enforced from date of first official publication).

      1. When a residential house is demolished due to compulsory alienation of land plots for state requirements, the owner shall be provided with a suitable dwelling place owned by him/her or the total market value of a dwelling place of his/her choice before demolition of his/her dwelling place.
      2. If the cost of the dwelling place provided exceeds that of the demolished dwelling place, the difference in cost shall not be charged to the owner.
      3. If the cost of the demolished dwelling place exceeds that of the dwelling place provided, the difference in their cost shall be compensated to the owner.
      Footnote. Article 15 as amended by Law of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (enforced from date of first official publication).

Article 16. Right of common ownership of dwelling place

      1. Two or more citizens may accrue the right of joint shared ownership in cases of joint construction, acquisition of residential house through civil transactions or inheritance, and in other cases not inconsistent with Kazakh legislation.
      2. A dwelling place owned by several persons shall belong to them on the basis of common joint ownership in the form of:
      1) common property of spouses;
      2) common ownership of privatized dwelling place.
      3. A jointly owned dwelling place may be divided between owners as established by the Kazakhstan Civil Code.
      4. The particular features of spouses’ right of common joint property shall be determined by legislation concerning marriage and family.
      5. The particular features of right of common joint property to privatized dwelling places shall be determined by this Law.
      Footnote. Article 16 as amended by Law of the Republic of Kazakhstan dated 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 17. Registration right of ownership of dwelling place

      Right of ownership of dwelling place shall be created from the date of its registration with a registering authority.
      Registration shall be pronounced upon presentation of duly executed documents confirming the acquisition of a dwelling place on grounds provided by Article 12 of this Law.

Chapter 3. Content of the right of private ownership of dwelling place and conditions of its exercise

Article 18. Basic rights and obligations of owner of a dwelling place

      1. Owners of dwelling places and of unfinished residential houses shall have the right to sell them, specifying the conditions of selling, grant, exchange, gifting to other persons or pledge, or dispose of them in other ways not inconsistent with Kazakh legislative acts, at his/her own free choice, in recognition of the special aspects of this Article.
      1-1. From the date of state registration of the purchase and sale agreement for a dwelling place, acquired fully or partially through residential mortgage funds, the owner of a dwelling place may dispose of this dwelling place before full payment of the residential mortgage loan.
      2. Use of a dwelling place or part thereof for non-residential purpose shall not require the permission of state bodies.
      This right shall be exercised by owner only when complying with construction, sanitary, fire protection and other compulsory rules and regulations.
      If the competent bodies establish actual violation of compulsory rules and regulations, or instances in which use of a dwelling place essentially violates the rights and interests of other citizens, the owner of that dwelling place may be held liable with simultaneous imposition of an obligation on him/her to correct these violations and their consequences according to Kazakh Laws.
      3. Owners of premises included in one residential house shall share in the common costs of its maintenance. Each owner’s cumulative charge shall be determined by the ratio of usable dwelling places space or non-residential space in a residential house individually (separately) owned, to the space in the residential house.
      Footnote. Article 18 as amended by Laws of the Republic of Kazakhstan dated 03.06.2003 No. 427; 06.07.2007 No. 276; and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after its first official publication).

Article 19. Right of owner of dwelling place to land plot

      1. The sale, grant, transfer or pledge realisation of a residential house or unfinished residential house shall involve transfer of right of ownership (land use) of the land plot to the new owner of the residential house with the same scope of powers held by the previous owner of a residential house.
      2. The rights of dwelling place owners to land plots allotted to residential houses (residential buildings) shall be determined by Kazakh land legislation.

Article 20.   (Excluded by Law of the Republic of Kazakhstan dated 06.07.2007 No. 278)

Article 21. Family members of dwelling place owner

      1. The family members of dwelling place owners shall include their spouses and children permanently residing with them. Parents of spouses and children with their families and permanently residing with an owner may be recognized as family members of an owner only by mutual agreement.
      2. Other persons may be recognized as family members of a dwelling place owner in exceptional cases, if they permanently reside and jointly care for the property with the owner for not less than five years. Incapable dependents shall be family members of the owner if they permanently reside with the owner.
      Footnote. Article 21 as amended by Law of the Republic of Kazakhstan dated 10.07.2001 No. 227.

Article 22. Basic rights and obligations of family members of dwelling place owners

      1. Family members of owners settled in dwelling places belonging to that owner shall have the equal right to use a dwelling place, unless otherwise stipulated during their settlement. They may settle their minors in a dwelling place provided to them by the owner. Settlement of other family members shall be allowed only with the consent of the owner.
      In case of termination of family relations with the owner, the former family members may use a dwelling place with tenants’ rights without specification of term of lease, unless otherwise provided by written agreement with the dwelling place owner. By this, the former family members shall be obliged to share in dwelling place maintenance costs and payments for utility services.
      2. Family members of a dwelling place owner may demand the elimination of violations of their rights by any person committing the violation, including the owner.
      3. Adult family members (former family members) of the owner shall bear joint financial responsibility for obligations, arising from their use of a housing unit.

CHAPTER 4. Leasing of dwelling places in private housing stock

Article 23. Lease of dwelling place by owner to other persons

      1. The owner may lease a dwelling place, in which he/she lives, or a dwelling place the primary purpose of which shall be provided to tenants for permanent or temporary residence.
      2. Living conditions (term, amount of lease payment, distribution of repair obligations, grounds for eviction of tenants etc.) shall be determined by this Law and by the agreement between a lender and tenant.
      3. The persons to whom a dwelling place is leased shall be chosen by the owner.
      4. A local executive body may lease housing units (flats) in private housing stock for subsequent provision to citizens mentioned in Article 67 of this Law in accordance with Kazakh legislation.
      Footnote. Article as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 (for methods of enforcement see Article 2).

Article 24. Terms of lease of dwelling place in which owner does not reside

      1. A private housing stock dwelling place in which the owner resides may be provided to another person for lease under a written agreement.
      2. A separate housing unit or separate room(s) that suitable for living and meet the construction, sanitary, fire protection and other compulsory requirements may be provided for lease.
      3. Tenants may settle their family members, sub-tenants and temporary inhabitants in the leased premises, unless the lease agreement provides otherwise.
      Persons to whom a housing unit is leased by a local executive body may not settle sub-tenants and temporary residents in it.
      4. Tenants may leave leased premises for up to six months, unless otherwise provided by agreement.
      In case of long term absence, the agreement shall be valid only with the tenant’s agreement.
      5. The lease agreement shall be terminated upon expiry of the term specified by parties, or in circumstances specified in the agreement. Early termination of agreement at tenant’s request shall be allowed if the terms of the lease agreement are not observed, and on the grounds and conditions specified in paragraphs 2 and 3 of Article 91, paragraph 7 of Article 101, subparagraphs 1), 2), 3) of paragraph 1 of Article 105, paragraph 5 of Article 106, subparagraphs 1)-5) of Article 106, and subparagraphs 1)-5) of Article 107 of this Law.
      Agreements with no provision for notice period or other grounds of termination may be cancelled by the tenant at any time provided the tenant gives no less than three months’ notice. In cases of termination or cancellation of agreement, the tenant and all persons residing with him/her shall be subject to eviction without provision of other housing unit.
      6. If the tenant cancels the agreement early, he/she must notify the lender accordingly no less than one month before or pay the charge specified by the agreement for that month.
      The specified term shall be respectively reduced if less than one month elapses before ensuing of the term provided by the agreement or if other circumstances that terminate the validity of the agreement occurs.
      7. A tenant’s family members residing together with him/her shall accrue the same right to use a dwelling place, as the tenant him/herself in accordance with the conditions of the lease agreement, if there is no any other agreement between him/her and the tenant when the family member moves in.
      The circle of family members shall be determined in accordance with Article 21 of this Law.
      8. Upon the transfer of right of ownership to a dwelling place or residential house in which there is a leased housing unit to another person, the lease agreement shall be valid for the new owner, unless the agreement between the tenant and the owner leasing the housing unit specifies otherwise.
      Footnote. Article 24 as amended by the Laws of the Republic of Kazakhstan dated 07.07.2006 No. 182 (for method of enforcement see Article 2); and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 25. Conditions of lease of dwelling place, in which the owner permanently resides

      1. In a dwelling place, in which the owner permanently resides, a tenant may be provided with a leased housing unit or part thereof, including a shared room or part of room. When several owners live in a dwelling place, the agreement of all owners for lease of the dwelling place shall be required.
      2. Tenants shall not have the right to settle other persons, including their family members, without the owners’ agreement.
      3. Upon expiry of term of lease, tenants may not renew the agreement and shall, at the lender’s request, be subject to dispossession without provision of other housing unit. The lease agreement may be prematurely cancelled at the lender’s request in case of the tenant’s non-observance of the lease agreement terms, as well as in reasonable unforeseen circumstances or on the grounds provided by subparagraphs 1)-5) of Article 107 of this Law.
      4. Lease agreements concluded without specification of term, may be terminated by a lender at any time without explanation of reasons. The lender must notify the tenant of termination of the lease agreement not less than one month before.
      5. Tenants shall have the right to cancel the lease agreement in advance and without notification, unless the agreement provides otherwise.

Article 26. Legal status of sub-tenants and temporary residents

      1. The living conditions of sub-tenants, particularly the period of residence and payment amounts and procedures, shall be determined by the agreement between the housing unit tenant and the sub-tenants.
      2. The sublease agreement shall be terminated upon expiry of the term established by the parties, or in circumstances mentioned in the agreement.
      Early termination of the agreement at the tenant’s request is possible if the sub-tenant violates the agreement, and if the agreement does not establish the term or other grounds of termination, at any time provided the sub-tenant is given not less than one month’s notice. The sublease agreement shall be also terminated in cases of compulsory termination of right of ownership to a dwelling place provided by Article 29 of this Law.
      3. A sub-tenant shall have the right to cancel the agreement at any time, unless otherwise provided by the sublease agreement.
      4. Upon termination or cancellation of the sublease agreement by the tenant, a sub-tenant shall be subject to eviction without provision of other housing unit.
      5. Tenants may settle temporary residents in a housing unit without conclusion of a sublease agreement with them. The tenant shall determine the conditions for accommodating the temporary residents.
      Temporary residents shall be subject to eviction without provision of other housing unit at any time with no less than seven days’ notification.

Article 27. Eviction of sub-tenants and temporary residents in case of termination of lease agreement

      Upon termination of the lease agreement, the sublease agreement shall be terminated simultaneously. Upon termination of the lease agreement, sub-tenants and temporary inhabitants shall be subject to eviction without provision of other housing unit.

Chapter 5. Termination of right of private ownership of dwelling place

Article 28. Termination of right of ownership of dwelling place

      1. Right of ownership of dwelling place shall be terminated upon alienation of a dwelling place by an owner to other person, death of the owner, or demolition (destruction) of a dwelling place, and in other cases, provided for by Kazakhstan Civil Code.
      2. Upon sale of a share by one participants in j shared ownership of a dwelling place, the other participants shall have the priority right to purchase.
      If several joint shared ownership participants claim a sold share, the right of choice of buyer shall belong to the seller. The procedure for exercising the right of prior purchase of share in common ownership of dwelling place shall be determined by the Kazakhstan Civil Code.

Article 29. Compulsory termination of right of ownership of dwelling place

      1. Compulsory ( outside will of owner) termination of right of ownership to a dwelling place shall be allowed in these cases:
      1) application for recovery upon a dwelling place and land plot to meet owner’s debts;
      2) requisition;
      3) confiscation;
      4) compulsory alienation of a land plot where a house is located, for state requirements;
      5) demolition of failing dwelling place liable to fall (collapse).
      2. Upon compulsory termination of right of ownership to a dwelling place, on the grounds provided by subparagraphs 2) and 4) of paragraph 1 of this Article, the owner shall be provided with the following, according to choice:
      1) financial compensation, paid to owner before termination of right of ownership, including market price of dwelling place and land plot, as well as reimbursement of losses, incurred by the owner in full measure;
      2) suitable dwelling (flat or residential house), owned as provided for by Article 15 of this Law;
      3) return of seized dwelling place to owner after termination of emergencies, entailing requisition with full compensation of losses, incurred by requisition.
      3. Upon termination of right of ownership to a dwelling place on the grounds provided by subparagraphs 1)and 3) of paragraph 1 of this Article, the owner and all persons residing in the confiscated dwelling place shall be subject to eviction without provision of other housing unit.
      4. Upon compulsory termination of right of ownership to a dwelling place on the grounds provided by subparagraph 5) of paragraph 1 of this Article, the owner shall be provided with a dwelling place in accordance with Article 67 of this Law.
      Footnote. Article 29 as amended by Laws of the Republic of Kazakhstan dated 10.07.2001 No. 227; 01.03.2011 No. 414-IV (enforced from date of first official publication); and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 30. Eviction of owner’s family members and other residents from dwelling place

      1. Upon termination of right of ownership to a dwelling place on the grounds provided by subparagraphs 2), 4) and 5) of paragraph 1 of Article 29 of this Law, the owner’s (former) family members shall be removed from the dwelling place and shall accrue the right of residence in a dwelling place obtained as compensation for the former dwelling place.
      Other persons residing in a former dwelling place shall be evicted without provision of other housing unit.
      2. Upon termination of the right of ownership to a dwelling place (housing unit) at the choice of the owner (sale, transfer), the owner’s family members and former family members, and temporary inhabitants, shall be settled without provision of other housing unit, unless otherwise provided by agreement with the purchaser of a dwelling house.
      Termination of the right of ownership affecting the interests of minors who own a dwelling place, shall be governed by regulations, provided by paragraph 3 of Article 13 of this Law.
      Footnote. Article 30 as amended by Laws of the Republic of Kazakhstan dated 03.06.2003 No. 427; 01.03.2011 No. 414-IV (enforced from date of first official publication); and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

SECTION 3

Chapter 6. Condominium

Article 31. Establishment and termination of condominium

      1. A condominium shall be formed in residential houses belonging to two or more owners of premises (flats).
      2. Each owner of premises (flats) shall have the right, at their own discretion, to possess, use and dispose of the premises belonging to them on the basis of individual (separate) ownership.
      Property common to the condominium object shall belong to the owners of premises (flats) on the basis of joint shared ownership.
      Land plot for a residential house (residential building) shall belong to the owners of premises (flats) on the basis of joint shared ownership or of common land use.
      3. Each owner’s or other right holder’s share of the jointly-owned premises shall be non-separable from individual (separate) ownership (or other similar right) of premises belonging to them. Size of share shall be determined by the ratio of usable spaces in the housing units and/or non-residential premises in individual (separate) ownership (or other similar right) to the sum of usable spaces in all housing units and all non-residential premises in the condominium. Such shares may not be allocated in kind.
      4. If premises are attached to a residential house (residential building) or separated from it, sizes of shares in common property shall be recalculated.
      5. Transfer of right of ownership to premises to another person shall lead to transfer of the relevant share in common ownership to the purchaser.
      6. Owners of premises (flats) shall not have the right to alienate their joint ownership share separately from premises (flats) belonging to them on the basis of individual (separate) ownership.
      7. Condominium may be terminated upon transfer of right of ownership to all premises and joint ownership in a residential house to one owner (individual, legal entity, state) or upon compulsory alienation of a land plot for state requirements, or damage (destruction) of the greater part of a residential house in an incident.
      8. The managing authority of the condominium object must open a current account with a second-tier bank for each condominium, with the contributions (payments) for maintenance and current repair the common property in this condominium transferred by the premises’ (flats’) owners.
      For accumulation of funds for capital repair to common property in a condominium, the owners of premises (flats) shall be obliged to pay the total determined at the meeting of premises (flats) owners, of no less than 0.02 times the monthly calculation index established for the relevant financial year by the budget law of the republican budget, for calculating one square metre of usable space of a housing unit (non-residential premises).
      The condominium managing authority must open a saving account for each condominium with a second-tier bank for accumulation of capital repair charges for the common property in this condominium object.
      Direct joint management by all condominium owners may be carried out without opening accounts in second-tier banks.
      When a condominium is managed without formation of a legal entity, the bank accounts shall be opened by an authorized individual on the basis of notarized power of attorney and/or other document, in accordance with which this individual is authorized to open and maintain bank accounts. The authorized individual shall open the current and saving accounts for managing the condominium only for the purpose, established by this paragraph.
      The condominium managing authority and authorized individual shall provide information on financial movements on bank accounts or residential house/building maintenance funds at the request of the condominium owners.
      Footnote. Article 31 as amended by Laws of the Republic of Kazakhstan dated 26.07.2007 No. 311 (enforced upon expiry of ten calendar days after first official publication); 08.06.2009 No. 163-IV; 01.03.2011 No. 414-IV (enforced from date of first official publication); and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 32. Registration of condominium

      1. A condominium shall be registered as a unified complex in accordance with Kazakh legislation concerning state registration of rights to fixed property.
      2. The condominium shall be registered at the application of a participant in a condominium or owners’ authorized representative. Upon registration of the condominium, the common property and the shares of each right holder in common property shall be determined. Before this registration, common property transactions shall not acquire legal effect, except when the transaction with a share in common property is recognized as concluded upon conclusion of a transaction with a property in individual (separate) ownership (or other similar right).
      2-2. Upon initial registration of the condominium, technical certificates shall be compiled for the condominium object at the expense of budgetary funds.
      3. Upon privatization of multi-family residential houses or room accommodation in halls of residence from state housing stock, the original registration of the condominium shall be conducted by the privatising state body.
      4. When the composition of common property and/or sizes of condominium participants’ shares in common property changes due to change of spaces in premises, or by agreement of the participants, or for other reasons, the relevant changes shall be subject to state registration.
      Footnote. Article 32 as amended by Laws of the Republic of Kazakhstan dated 07.06.1999 No. 391; 26.07.2007 No. 311 (enforced upon expiry of ten calendar days after official publication); 08.06.2009 No. 163-IV; 25.03.2011 No. 421-IV (enforced upon expiry of ten calendar days after first official publication); and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 33. Shares of owners of separate premise in common property

      1. Separate premises belonging to several owners shall constitute one share in common property with joint and several responsibility of owners in general obligations. Mutual relationships between these owners shall be regulated by the agreement between them.
      2. In the absence of an oral or written agreement, each owner shall have equal indivisible rights and obligations conditioned by ownership of the said share in common property.

Article 34. Rights of owners of premises (flats) in condominium

      1. All premises (flat) owners participating in a condominium shall have equal rights of common property management.
      2. Premises (flat) owners in condominium, together with other owners, shall have the right to use the common property and the land plot.
      3. Accommodation of owners in other places, and transfer of right of use of premises to other persons shall not restriction the premises owner’s rights or release him/her from obligations imposed on the owner by legislation, the owners’ agreement or the owners’ association charter for management of the condominium.
      4. Owners of premises (flats) shall have the right to use the common property areas of restricted use, allotted to them under conditions established by the premises (flat) owners’ agreement.
      No premises (flat) owner shall have the right to alienate any common property of restricted use in his/her own name.
      Footnote. Article 34 as amended by Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

Article 35. Obligations on premises (flat) owners

      1. Owners of premises (flats) shall incur obligations set out in Kazakh legislation.
      2. Premises (flat) owners must share in common property and house maintenance costs, and bear responsibility for preservation and safe use of common property and premises in individual (separate) property.
      3. Common property maintenance charge totals shall be established proportionate to the premises (flat) owner share in common property, unless otherwise provided in the owners’ agreement.
      Footnote. Article 35 as amended by Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

Article 36. Obligations of non-owners of premises

      1. Tenants (lessees) of premises, and other persons who are not its owners (other right holders) or their representatives shall not have the right to vote and may not otherwise participate in management of the condominium, but must comply with the rules, common to all residents and tenants (lessees) in the condominium object.
      2. Excluded by Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.
      Footnote. Article 36 as amended by Laws of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV; and 25.03.2011 No. 421-IV (enforced upon expiry of ten calendar days after its first official publication).

Article 37. Special aspects of rights and obligations of owners of non-residential premises

      1. Owner of non-residential premise shall not be obliged to share in general expenses related to those parts of common property linked exclusively to use of housing units.
      2. Expenses related to those parts of common property linked exclusively with use of non-residential premises shall be incurred by the owners of these premises.
      3. Owners of non-residential premises may not participate in resolution of issues concerning condominium but not affecting his/her interests.
      Other owners may not participate in resolution of issues affecting only the interests of owners of non-residential premises. Issues concerning use of common property shall be the exceptions.
      Footnote. Article 37 as amended by Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

Article 38. Access to premises

      Upon receipt of preliminary written notification, the owner or other resident shall be obliged to admit a representative of other premises (flat) owners or of the condominium managing authority to the premises, if checking, repair or exchange of common property is required and can be carried out only from the owner’s premises.
      In the event of incident or emergency posing a threat to human health or life, access shall be allowed without preliminary notification.
      Footnote. Article 38 as amended by Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

Article 39. Compensation of damage inflicted on common property or other premises

      1. If a premise (flat) owner causes damage to any part of common property or to any other premise, he/she shall be obliged to repair the damage at his/her expense or reimburse the cost of repairing it.
      2. The same obligation, jointly with owner, shall be incurred by persons residing in or using premises and causing direct damage.
      Footnote. Article 39 as amended by Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

Article 40. Redesign of a premise in a condominium

      Redesign of a premise by an owner, including alteration and re-equipment, that is linked with works that threaten or compromise the common property shall be prohibited.

Article 41. Change of boundaries between premises and between premises and common property

      1. Change of boundaries between premises and between premises and common property shall be allowed in accordance with construction rules and regulations and with other compulsory safety requirements.
      2. Change of boundaries between adjoining/allied premises may be made by mutual agreement of the owners of these premises.
      3. Change of borders between premises and common property may be made only with the agreement of other owners and the condominium managing body.
      Footnote. Article 41 as amended by Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

Chapter 6-1. State control of housing stock

      Footnote. The Law is supplemented by this chapter 6-1 in accordance with Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV; as amended by Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (for method of enforcement see Article 2).

Article 41-4. State control of housing stock

      State control of housing stock shall be carried out by a local executive body by means of verification by housing inspection officials from local executive bodies (hereinafter – housing inspection) of the condominium participants’ common property. Verification shall be carried out in accordance with Law of the Republic of Kazakhstan “Concerning state control and supervision in the Republic of Kazakhstan”.
      Footnote. Article 41-1 is in the wording of Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (for method of enforcement see Article 2); as amended by Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (enforced upon expiry of ten calendar days after first official publication).

Article 41-2. Powers of housing inspection officials carrying out state control of housing stock

      Footnote. Title of Article 41-2 as amended by Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (for method of enforcement see Article 2).

      1. The housing inspectorate shall exert its powers by:
      1) organizing technical examination of the common property in the condominium;
      2) determining the list, periodicity and priority of particular types of capital repair to be made to the common property in the condominium;
      3) coordinating the estimate of cost of particular types of capital repair to be made to the common property in the condominium, as presented by the condominium managing authority, financed by housing assistance;
      4) participating in commissions for acceptance of particular types of capital repair performed on common property in the condominium.
      2. Powers of the housing inspectorate shall include other issues, provided for by Laws of the Republic of Kazakhstan.
      3. Housing inspection officials shall have the right to:
      1) visit the housing during verification upon presentation of service certificate;
      2) request any information and read original documents related to the subject of verification during verification.
      4. Housing inspection inspectorate officials shall be obliged to:
      1) conduct verifications in accordance with the Law of the Republic of Kazakhstan “concerning state control and supervision in the Republic of Kazakhstan”;
      2) to not prevent the established work regime of the premises being verified during the verification;
      3) ensure the preservation of documents and information received following the verification;
      4) draw up reports on violations of rules concerning maintenance of common property in the condominium;
      5) issue the compulsory orders for elimination of violations of rules concerning maintenance of common property in the condominium.
      5. Action (inaction) by the housing inspectorate may be appealed against as established by Kazakh legislation.
      Footnote. Article 41-2 as amended by Laws of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (for method of enforcement see Article 2); 06.01.2011 No. 378-IV (enforced upon expiry of ten calendar days after first official publication); and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Chapter 7. Management of condominium

Article 42. Forms of management of condominium

      1. Owners of premises shall resolve the question on the form of management of the condominium not later than one month after its registration. Before this solution, the owners shall be jointly responsible for obligations, linked to the condominium object as a unified complex and to centralized servicing of a residential house by public utilities.
      In a multi-family residential house (or part thereof) with a unified engineering and communal service system and comprising a unified housing and public complex, only one forms of joint condominium management may be applied.
      2. The type of condominium object management shall be determined by the agreement of its participants. These forms may be:
      1) direct joint management by all owners, provided there are not more than twenty persons;
      2) premises (flat) owners’ cooperative;
      3) management of condominium by third parties (outsiders): individuals chosen or appointed as administrators of residential houses (managers), or legal entities;
      4) other forms not inconsistent with Kazakh legislation.
      2-1. The condominium managing authority shall fulfil the following functions:
      1) organization of meetings, written questionnaires for premises (flat) owners;
      2) formalization of agenda for meeting of premises (flat) owners and voting sheets for written questionnaires;
      3) organization the implementation of decisions of the premises (flat) owners meetings;
      4) conclusion and monitoring of fulfilment of the agreement with the service provider;
      5) representation of interests of premises (flat) owners in the issues concerning the common property in the condominium;
      6) other functions, determined by Kazakh legislation.
      3. The terms and scope of powers of condominium management transferred to an individual or a legal entity by premises (flat) owners shall be determined by the condominium management agreement.
      4. Owners of premises may conclude individual agreements for provision of housing, operational and public utility services with the organizations providing those services.
      5. If the owners do not reach agreement on the form condominium management, any owners, and also, in houses where the condominium is formed by privatization of housing units, the state body carrying out the privatization, may raise questions before the owners concerning the establishment of a premises (flat) owners’ cooperative.
      6. By decision of the majority of premises (flat) owners, the form of condominium management may be changed.
      7. Owners of premises in a residential house managed together with other houses by one cooperative of premises’ owners may withdraw from this cooperative by majority decision and establish their own separate cooperative, transfer to another cooperative or apply another form of condominium management.
      8. Relations linked to the establishment, reorganization and liquidation of premises (flat) owners’ cooperatives and to control of their activity shall be regulated by this Law.
      9. If through partial or total non-fulfilment of obligations by persons managing the condominium, or failure by separate owners of premises (flats) to fulfil partly or wholly obligations relating to maintenance and operation of common property in a residential house/building, the premises (flat) owners cause damage, these persons shall be obliged to compensate for losses in accordance with Kazakh civil legislation.
      Footnote. Article 42 as amended by Laws of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV; and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 42-1. Meeting of premises (flat) owners

      1. At the meetings of premises (flat) owners, the solutions to issues linked with management and maintenance of the condominium shall be considered and passed.
      The decision of the meeting of premises (flat) owners shall appear in the report and not be inconsistent with Kazakh legislation.
      2. The following questions shall require compulsory consideration and approval at the meeting of premises (flat) owners:
      1) Those linked with choice or change of form of condominium management;
      2) confirmation of levels of contributions to management and maintenance of common property in the condominium;
      3) making the decision to conclusion, amend or cancel of condominium management agreement;
      4) introduction of changes into the legal registers held by law enforcement bodies;
      5) alterations (expansion, modernization, technical re-equipping, reconstruction, restoration, capital repair) to a residential house/building);
      6) linked with decisions to carry out capital repairs on common property in the condominium object and/or determine the total monthly contributions to savings accounts;
      7) spending of money collected in the savings account;
      8) choice of service provider;
      9) confirmation of estimate of expenses for capital repairs to common property in the condominium.
      3. The meeting may organize an initiative group for choosing the form of condominium management.
      The meeting shall be held at the initiative of the condominium object management body, and following the request of no less than one tenth of the premises (flat) owners. Local executive bodies may convene meetings of premises (flat) owners.
      Those initiating the meeting of premises (flats) owners shall notify all owners of premises (flats) of the date, place and agenda of the forthcoming meeting, not less than ten days before.
      4. Premises (flat) owners shall have the right to read the reports of the initiators, necessary for making decisions, before the meeting is held.
      5. The meeting of premises (flat) owners is legally competent when no less than two-thirds of the total number of premises (flat) owners are in attendance. Each premises (flat) owner shall have one vote for voting purposes. If a premises (flat) owner owns several premises (flats), he/she shall have the relevant number of votes.
      A president and secretary shall be elected for holding the meeting.
      6. Decision of the meeting shall be made by open or closed ballot, by majority of votes from the total number of premises (flat) owners.
      7. In the absence of quorum, voting shall be conducted by written questionnaire in accordance with Article 42-2 of this Law.
      8. The minutes of the meeting of premises (flat) owners shall be specified as follows:
      1) location of condominium;
      2) date and time of holding the meeting;
      3) total number of premises (flat) owners;
      4) number of premises (flat) owners attending the meeting;
      5) a president and secretary of the meeting;
      6) agenda of the meeting;
      7) persons speaking at the meeting;
      8) forms and voting sheets;
      9) decisions made by the meeting.
      The minutes shall be signed by the president and secretary of the meeting. The minutes shall be attached to the list of premises (flat) owners participating at the meeting, specifying their surnames, forenames, patronymics (where applicable), and numbers of premises (flats).
      9. The decision made shall be binding on all premises (flat) owners and be the document for consideration of disputed and other issues in courts and other state institutions as the expressed will of the premises (flat) owners, and shall be used for calculating housing assistance.
      Footnote. Chapter 7 is supplemented by Article 42-1 in accordance with Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV; as amended by Law of the Republic of Kazakhstan dated 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 42-2. Completion of written questionnaire

      1. The written questionnaire shall be conducted if a quorum cannot be secured at the general meeting of premises (flat) owners.
      2. Each premises (flat) owner shall have one vote when completing the written questionnaire. If a premises (flat) owner owns several premises (flats), he/she shall have the relevant number of votes.
      3. Responsible persons shall be appointed among the premises (flat) owners for organizing completion of the written questionnaire.
      4. Each voting sheet shall contain a serial number, questions brought for discussion, the address, surname, first name and patronymic (if applicable) of the premises (flat) owner, signature panel, and signature of head of condominium managing authority.
      5. The voting sheet on the questions included in the written questionnaire shall be sent to each premises (flat) owner.
      6. The written questionnaire shall be considered completed if no less than two-thirds of premises (flat) owners participate in the voting.
      7. Votes shall be counted at the meeting of premises (flat) owners. The decision shall be considered adopted if more than half of premises (flat) owners voted for it.
      8. The minutes of the meeting shall contain the summary statistics of the voting sheets according to the written questionnaire. Voting sheets must be attached to the minutes kept attached to them.
      9. The decision adopted by the written questionnaire shall be binding on all premises (flat) owners.
      Footnote. Chapter 7 is supplemented by Article 42-2 in accordance with Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV; as amended by Law of the Republic of Kazakhstan dated 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 43. Establishment of cooperative of premises (flat) owners

      1. Cooperatives of premises owners may be established for managing a multi-family residential house or group of houses, and cooperatives of flat owners for houses not containing non-residential premises. The legal status of the flat owners’ cooperative shall be identical that of the premises owners’ cooperative.
      2. The premises (flat) owners’ cooperative may consist of two or more condominium participants. Interests of minor citizens shall be represented by their parents and other representatives as established by Kazakh legislative acts.
      3. Notice of holding of foundation meeting shall be brought by the founders of the cooperative to each premises (flat) owner not less than ten days before the scheduled meeting date.
      4. The foundation meeting of the cooperative shall be deemed convened if no less than half of the premises (flat) owners or condominium participants or their authorized representatives attend it.
      5. If less than a half of the premises (flat) owners or their authorized representatives attend the meeting, it shall not be considered convened.
      Premises (flat) owners shall be notified of convening of second meeting and written questionnaire not less than ten calendar days before the intended meeting date. A written survey of the opinions of more than two-thirds of premises (flat) owners concerning questions on the agenda shall be conducted by the condominium managing authority or the premises (flat) owners’ cooperative before the second meeting.
      The second meeting shall be deemed convened regardless of number of participants. A chairman and secretary shall be elected for the meeting. The results of the written questionnaire shall be included in the minutes of the second repeated meeting.
      6. Each premises owner shall have one vote at the foundation meeting. Owners of several premises shall have the relevant number of votes.
      The decision of the foundation meeting shall be adopted by two-thirds of votes of those attending the meeting or their authorized representatives.
      7. The foundation meeting shall adopt decisions on the following issues:
      1) establishment of premises (flat) owners’ cooperative;
      2) confirmation of Cooperative Charter;
      3) election of chairman of board of cooperative, board members and audit commission.
      The housing inspectorate may recommend a candidate for chairman of board of cooperative to the general meeting of premises (flat) owners.
      The recommended candidate for chairman of board of cooperative shall meet the qualifying requirements confirmed by the authorized body.
      The foundation meeting may also consider other issues related to the condominium.
      8. Premises owners not participating in management of the cooperative shall, together with all members of the cooperative, be obliged to take proportioned monetary and/or labour participation in maintaining the condominium, execute the decisions of the condominium managing authorities relating to maintenance and use of common property. and ensure reliability and safety of operation of the house.
      Footnote. Article 43 as amended by Laws of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV; and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 44. Registration or reregistration of cooperatives of premises owners

      Footnote. Title of Article 44 as amended by Law of the Republic of Kazakhstan dated 22.07.2011 No. 479 (enforced upon expiry of ten calendar days after first official publication).

      1. The premises (flat) owners’ cooperative shall be recognized as established and acquire the rights of a legal entity from the date of its state registration or re-registration in the established manner.
      2. For registration or reregistration of the premises (flat) owners’ cooperative, the following shall be submitted to the registering body:
      1) application;
      2) minutes of foundation meeting of premises (flat) owners in the condominium, or minutes with voting sheets according to results of written questionnaire;
      3) Charter of premises (flat) owners’ cooperative;
      4) State registration or reregistration document for condominium;
      5) document, certifying location of a legal entity;
      6) receipt or other document, confirming payment into budget of fee for state registration (reregistration) of legal entity.
      3. Local executive bodies of districts, cities of regional significance, cities of national significance and the capital shall provide all-around support and assistance with establishment of premises (flat) owners’ cooperatives.
      4. If an incomplete package of documents is supplied, and for other reasons provided for by Kazakh Laws, the term of state registration or reregistration shall be suspended.
      5. Documents presented for registration or reregistration shall be considered within the period established by Kazakh legislation concerning state registration of legal entities and registration of branches and representative offices. Following the results of the consideration, the decision of the registering body shall be adopted as follows:
      1) to register or re-register the cooperative;
      2) excluded by Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV;
      3) a well-grounded refusal to register the cooperative.
      6. If the procedure for establishment of a legal entity established by Kazakh Laws is violated, or if its constitutive documents are inconsistent with the Law, registration of the premises (flat) owners’ cooperative shall be refused.
      7. The cooperative, registered within the period established by Kazakh legislation concerning state registration of legal entities and registration of branches and representative offices shall be issued with a certificate of state registration (reregistration) of a legal entity.
      8. The decision of a registering body may be appealed against in the courts.
      Footnote. Article 44 as amended by Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (enforced from 01.01.2005); 08.06.2009 No. 163-IV; 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication); and 24.12.2012 No. 60-V (enforced upon expiry of ten calendar days after first official publication).

Article 45. Property of the premises (flat) owners’ cooperative

      1. Property acquired by the premises (flat) owners’ cooperative shall belong to it by right of ownership, for which the cooperative shall be responsible.
      2. The premises (flat) owners’ cooperative shall not be liable for its members. Members of cooperative shall not be liable for the cooperative’s debts.
      Footnote. Article 45 as amended by Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

Article 46. Charter of premises (flat) owners’ cooperative

      1. The Charter of the premises (flat) owners’ cooperative shall contain information provided for by Kazakh Laws.
      2. By decision of the foundation meeting of the premises (flat) owners’ cooperative, the Charter may include other provisions not inconsistent with Kazakh legislation.
      Footnote. Article 46 as amended by Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

Article 47. Supreme body of premises (flat) owners’ cooperative

      1. The supreme body of the premises (flat) owners’ cooperative shall be the general meeting of cooperative members. Cooperative members may participate in the meeting through authorized persons or participate via written questionnaire.
      The exclusive competence of the general meeting of cooperative members shall include:
      1) establishing the need to alter the Charter and change and adopt other rules and regulations;
      2) elect and dismiss the cooperative’s chairman of board, board members and audit commission, decisions concerning remuneration;
      3) confirmation of annual report of the cooperative;
      4) confirmation of annual budget and annual estimate of expenses, and introduction of amendments and additions thereto;
      5) establishment of the cooperative’s reserve and other special funds;
      6) resolution of issues concerning conclusion of agreement with the housing and exploitation authority and public utilities by the cooperative;
      7) involvement of a residential house administrator as third party to the agreement (this may be a legal entity);
      8) agreeing the granting of loans exceeding twenty five percent of the estimated expenses budget for the year;
      9) liquidation or reorganization of the premises’ (flats’) owners’ cooperative.
      The general meeting of cooperative members may admit any other issues concerning activity of the premises (flat) owners’ cooperative for consideration.
      2. The general meeting of cooperative members shall be held not less than once a year. Extraordinary meetings shall be called by decision of the board or request of the audit commission or of not less than twenty percent of cooperative members.
      3. Members of the cooperative shall be notified not less than ten days before a forthcoming general meeting.
      4. The general meeting of cooperative members shall be legally competent if no less than fifty percent of cooperative members or their authorized representatives attend. In the absence of this quorum, the provisions of paragraph 5 of Article 43 of this Law shall apply.
      5. At the request of no less than twenty percent of cooperative members attending the meeting (authorized representatives), the decision shall be adopted by secret vote.
      6. The general meeting of cooperative members shall be led by the chairman of the board of the cooperative, and in his/her absence by a board member.
      7. Unless this Law or the cooperative Charter provides otherwise, the decision of the general meeting of cooperative members shall be adopted by a majority vote of the cooperative members attending the meeting. Each cooperative member shall have one vote.
      If one cooperative member owns several premises, he/she shall have the relevant number of votes. In case of equal division of votes, the chairman of board shall have the casting vote.
      8. Two-thirds of votes of cooperative members or authorized representatives attending the meeting or participating in written questionnaire shall be required for adoption of decisions on issues provided for by subparagraphs 1), 6), 7), 8), 9) of paragraph 1 of this Article.
      9. For each financial year, the cooperative chairman shall present financial reports to the general meeting of cooperative members together with annual estimates sufficient for covering estimated cost of maintaining and operating the condominium. The estimate shall provide for creation and replenishment of the cooperative’s reserve fund.
      Footnote. Article 47 as amended by Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

Article 48. Board and chairman of board of premises (flat) owners’ cooperative

      Footnote. Title as amended by Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

      1. The numerical composition and duration powers of the board of the premises (flat) owners’ cooperative shall be determined by the Charter.
      2. The Board shall exercise all powers of the cooperative, with the exception of those exclusively within the competence of the general meeting of premises (flat) owners’ cooperative members.
      The competence of board shall specifically include:
      1) control of timeliness of established compulsory payments and contributions by cooperative members;
      2) preparing the annual budget, estimates and reports of the cooperative, and their presentation for confirmation by the general meeting;
      2-1) presentation of the report on use of money on the condominium, not less than once a quarter at the request of the premises (flat) owners;
      3) conclusion of agreements on behalf of the cooperative;
      4) management of condominium or conclusion of the condominium management agreements;
      5) hire and dismissal of workers and employees for servicing the condominium;
      6) maintaining the list of cooperative members, documentation, business accounts and reports;
      7) convening and organizing the general meeting or written questionnaire;
      8) fulfilment of other obligations provided for by the cooperative Charter.
      3. Board sessions shall be convened by the chairman in the periods established by the cooperative Charter.
      4. Board sessions shall be considered legally competent if a majority of board members attends.
      5. The chairman of board of the cooperative may represent the cooperative in civil situations and before state and judicial bodies without power of attorney.
      6. If the premises (flat) owners’ cooperative contains less than ten members, the obligations of the board may be assigned to the chairman of the cooperative.
      7. The rights and obligations of the chairman of the cooperative shall be determined by the Charter.
      8. The actions of the board of the cooperative or its chairman may be appealed against at the general meeting of cooperative members.
      Footnote. Article 48 as amended by the Law of Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

Article 49. Audit commission of premises (flat) owners’ cooperative

      1. The audit commission of the premises (flat) owners’ cooperative shall conduct a financial verification of each section of the cooperative’s activity. The audit commission shall give a conclusion in annual board report of the cooperative and in the annual estimate of income and expenses provided by board.
      1-1. The audit commission’s verification of the financing and operation of the premises (flat) owners’ cooperative shall be brought to the premises (flat) owners’ attention at the general meeting of premises (flat) owners.
      2. Board members of board and their family members or owners residing in the same flat as a board member may not be audit commission members at the same time.
      3. If the cooperative contains less than ten members, an auditor may be elected instead of an audit commission.
      Footnote. Article 49 as amended by Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

Article 50. Premises (flat) owners’ share in general expenses

      1. Owners of premises (flats) shall share in the general cost of maintenance and use of common property in proportion to their share. Costs of maintaining a residential house/building shall be incurred on a monthly basis.
      Additional expenses, not related to maintenance of a residential house/building may not be assigned to premises (flat) owners without their agreement.
      2. Owners of non-residential premises must bear the cost of use of common property in excess of the established estimate linked with production, commercial and similar activity carried out by them.
      Expenses of premises (flat) owners linked with individual use of common property with restricted use or of land plot, provided by the premises (flat) owners’ cooperative shall be covered in the same procedure.
      3. Expenses linked with personal use of common property shall be compensated by the owner with right of restricted use of this property.
      4. If compulsory payments on account of general expenses for each expired day by premises’ owners are not paid by the first day of the next month, the fine shall be accrued on the outstanding total as established by legislation.
      If a member of the premises (flat) owners’ cooperative does not repay a debt within three months of the established payment date without reasonable excuses, the cooperative may approach the courts to enforce recovery of the debt.
      Recovery shall be performed using the same procedure as established by Kazakh legislation concerning mortgaging of immovable property.
      The limitation period shall not extend to demands for recovery of the debt.
      Footnote. Article 50 as amended by Laws of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV; and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 50-1. Rights of the premises (flat) owners’ cooperatives

      1. Premises (flat) owners’ cooperatives shall have the right to:
      1) unite into associations (unions) as established by Kazakh legislation on a voluntary basis;
      2) submit proposals on development of regulatory legal acts or refer the initiative projects of these acts to authorized bodies;
      3) submit proposals for improvement of housing and public relations to an authorized body;
      4) approach the courts of the Republic of Kazakhstan with a suit in defence of premises (flat) owners’ rights;
      5) perform other actions not inconsistent with Kazakh legislation.
      Footnote. Chapter 7 supplemented by Article 50-1 in accordance with Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

Article 50-2. Condominium management report

      Expenses connected with use of common property shall be recorded in the condominium management report to be presented to premises (flat) owners every quarter in written form in the first ten days of the month following the accounting period.
      Footnote. Chapter 7 supplemented by Article 50-2 in accordance with Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

Article 51. Termination of premises (flat) owners’ cooperative

      1. The premises (flat) owner’s cooperative may be terminated in the following cases:
      1) compulsory alienation of a land plot for state requirements;
      2) decision adopted by the premises (flat) owners to change to another other form of condominium management;
      3) upon decision by the premises (flat) owners, not to reconstruct parts of a residential house damaged/destroyed following damage/destruction of more than fifty percent of a building due to fire, earthquake or other disaster;
      4) termination of condominium.
      2. Property of the cooperative remaining upon termination and after repayment of debts shall be distributed between its members in proportion to their shares in common property, unless otherwise provided by the agreement between owners.
      3. Termination of the cooperative shall be registered in the same way as its establishment.
      Footnote. Article 51 as amended by Laws of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV; and 01.03.2011 No. 414-IV (enforced from date of first official publication).

Chapter 8. Housing and housing-and-construction cooperatives

Article 52. Establishment of housing and housing-and-construction cooperatives

      1. Citizens shall have the right to enter into housing and housing-and-construction cooperatives.
      2. Housing cooperatives shall be established for acquisition of a residential house in which the flats or other housing units are provided to members of cooperative.
      3. Housing-and-construction cooperatives shall be established for construction of a residential house and subsequent use of housing units for accommodating members of the cooperative.
      After construction of a residential house is completed, the housing-and-construction cooperative shall acquire housing cooperation status.
      4. The housing (housing-and-construction) cooperative shall be managed as established by this Law for management of the premises (flat) owners’ cooperative, if this is not inconsistent with the regulations of this chapter and the Kazakhstan Civil Code.

Article 53. Conditions of membership of housing and housing-and-construction cooperatives

      1. The number of housing or housing-and-construction cooperative members may not be less than three citizens of age.
      2. Existence of own premises shall prevent entry to a housing or housing-and-construction cooperative, unless the Charter of that cooperative provides otherwise.
      3. The number and size of premises (flats) that a cooperative member has the right to use shall not be restricted, unless otherwise provided by the cooperative Charter.
      4. Housing or housing-and-construction cooperative members given a cooperative flat (housing unit) shall be subject to eviction from the dwelling place located in the same inhabited area included in the inventory of state housing stock.

Article 54. Provision of housing units to cooperative members

      1. Housing units shall be distributed between members of housing or housing-and-construction cooperatives by decision of the general foundation meeting of cooperative members in keeping with the sum of unit contributions paid or payable.
      The unit contributions total shall be established in accordance with the cooperative member’s share determined by the ratio of usable space of the premises (flat) provided to him/her to the floor area.
      2. Deadlines for payment of unit contributions (establishment of unit accumulation) shall be determined by decision of the general foundation meeting of the cooperative. The original contribution shall not be less than one-third of the unit contribution.

Article 55. Financial (credit) support of housing (housing-and-construction) cooperatives

      1. Housing and housing-and-construction cooperatives may receive loans and other material assistance from the state, legal entities not owned by the state, or citizens, as established by the legislation.
      2. Housing and housing-and-construction cooperatives may receive credits on a common basis.

Article 56. Charter of housing (housing-and-construction) cooperative

      1. Housing and housing-and-construction cooperatives shall act on the basis of the Charter adopted at the general foundation meeting of the cooperative members.
      Not less than two-thirds of persons becoming members of cooperative, or their authorized representatives, shall attend at the meeting.
      The Charter may be adopted by a two-thirds majority vote of participants in the general foundation meeting.
      2. The cooperative Charter shall specify the following:
      1) information established by Articles 41 and 108 of the Kazakhstan Civil Code;
      2) total membership and other contributions;
      3) procedure for leasing a housing unit or using it for non-residential purposes;
      4) conditions for settling temporary inhabitants in a housing unit;
      5) procedure for using of housing units when unit accumulation is allocated;
      6) procedure and conditions of transferring rights and obligations of a cooperative member to other persons;
      7) other conditions of use of housing units in a house.

Article 57. Registration of cooperative and real estate belonging to it

      1. Housing and housing-and-construction cooperatives shall be registered as established for the registration of legal entities.
      2. The cooperative shall acquire the rights of a legal entity from the date of registration.
      3. Real estate, belonging to the cooperative on the basis of right of ownership, including residential housing, shall be registered as established by Kazakh legislation.
      Each flat (housing unit) and non-residential premise in a residential house, provided to each cooperative member for use, shall be registered.
      Footnote. Article 57 as amended by Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

Article 58. Rights of family members of cooperative member

      1. The circle of family members of a member of a housing or housing–and-construction cooperative shall be determined in accordance with Article 21 of this Law.
      2. The spouse of a cooperative member may be granted the right part of a unit accumulation if unit accumulation payments were made during the period of cohabitation, unless otherwise stipulated by the agreement between them.
      3. Rights to unit accumulation may be granted to heirs of a deceased cooperative member.
      4. Family members of a member of cooperative with the right to part of a unit accumulation shall enjoy the same rights and obligations, in relation to the premises used, as a cooperative member.
      Other family members of a cooperative member shall enjoy the right of permanent residence (use) in a cooperative member’s premises.

Article 59. Termination of membership of cooperative

      Membership of housing (housing-and-construction) cooperatives shall be terminated in cases of:
      1) voluntary withdrawal from cooperative;
      2) unsuitability of premises (flat) for further use following natural disaster, fire, emergency or other similar incident;
      3) death of a cooperative member;
      4) exclusion from a cooperative.

Article 60. Consequences of withdrawal from cooperative

      1. A family member residing in a flat and eligible for part of a unit contribution shall have the priority right to join a cooperative upon withdrawal of a member of that cooperative before the unit contribution total is paid.
      2. A withdrawing cooperative member may specify the other person to whom he/she wishes to transfer the rights and obligations of the cooperative member, with the agreement of the family member holding the right to the unit contribution share.
      3. In other cases, the priority right shall transfer to other family members remaining in the flat, when one of them joins the cooperative with the general consent of the family. If agreement is not reached, the issue shall be decided by a general meeting of the cooperative.

Article 61. Exclusion from cooperative

      A housing (housing-and-construction) cooperative member may be excluded from the cooperative by judicial proceedings in cases of:
      1) systematic destruction or damage to premises or to other property of a cooperative;
      2) systematic violation of rules of a hall of residence, if this makes living with him/her or use of non-residential premises in the house impossible for other persons in one flat (residential house), and protective and coercive measures do not produce the desired effect;
      3) in other cases, provided by the cooperative Charter.

Article 62. Consequences of exclusion from cooperative

      1. Former cooperative members shall be subject to eviction from a cooperative flat without provision of other premises following exclusion from a housing (housing-and-construction) cooperative according to subparagraphs 1) and 2) of Article 1 of this Law.
      2. Exclusion from a cooperative on the said grounds shall also lead to eviction of family members of a former cooperative member and of other persons using the premises, and that of parties guilty of violating the rules of a hall of residence, destroying/damaging a dwelling place (premise) or other property of a cooperative without provision of other premises.
      The remaining family members of persons, excluded from a cooperative shall reserve the right to reside in (use) premises on condition that one of them becomes a member of cooperative. Family members with rights to part of unit accumulation shall this enjoy the priority right of joining the cooperative.
      3. If only family members of a member of cooperative are guilty of destruction (damage) of property or violating the rules of a hall of residence, only the guilty persons shall be subject to eviction without provision of other premises.
      4. Establishment of additional grounds for exclusion from a cooperative in the cooperative Charter shall also indicate the relevant consequences of exclusion.

Article 63. Introduction of unit contribution total by cooperative member for a flat (premises)

      1. Introduction of the unit contribution total shall constitute grounds for acquisition of the right of ownership of a cooperative flat (premises) by a cooperative member.
      2. A flat (premises) owner shall be obliged to register it as established for registration of real estate.
      3. If one or more flats (premises) are created in a cooperative residential house belonging to members on the basis of the right of ownership, the ownership of the house in general shall acquire the features of a condominium.
      4. A cooperative member given right of ownership of his/her flat (premises) shall reserve all other rights and obligations of a cooperative member.
      5. When an owner of a former cooperative flat (premises) withdraws from the cooperative, he/she shall reserve the rights of use of cooperative’s property beyond the boundaries of the flat (premises) and all obligations concerning maintenance of this property and execution of cooperative management decisions not affecting his/her rights of ownership.

Article 64. Provision of vacated dwelling place to other person

      1. A dwelling place vacated following the withdrawal or exclusion of a housing cooperative member from a cooperative, shall, in the absence of persons having the right to join the cooperative in accordance with Articles 60 and 62 of this Law, be provided to a person newly admitted as a cooperative member by decision of general meeting of the cooperative.
      The benefits of joining shall be enjoyed by members of the same cooperative, willing to improve housing conditions.
      2. Persons, admitted to cooperative in place of withdrawn or excluded cooperative members shall be responsible for the former shareholder’ obligations to the cooperative arising before his/her admittance.

Article 65. Return of unit contribution

      1. Persons withdrawing or excluded from the cooperative shall receive back the unit contribution, paid by them in fulfilment of financial obligations to cooperative within three months.
      2. Whenever a unit contribution is returned, the returned sum provided for herein shall be determined taking account of inflation.

Article 66. Reorganization of housing cooperative into cooperative of premises (flat) owners

      1. If all members of a housing cooperative acquire the right of ownership of cooperative flats (premises), this cooperative may be reorganized into a premises (flat) owners’ cooperative or another owners’ condominium management association.
      2. Two and more condominium management cooperatives may not be established in a residential house with a unified system of heat, water and energy supply and sewage pipes.
      3. Cooperative society legislation shall apply to the activity of housing cooperatives and to cooperatives of premises (flat) owners, if not inconsistent with this Law.
      Footnote. Article 66 as amended by Law of the Republic of Kazakhstan dated 08.06.2009 No. 163-IV.

SECTION 4

Chapter 9. Provision of dwelling place from state housing stock or dwelling place leased by local executive body in private housing stock

      Footnote. Title as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 ( for method of enforcement, see Article 2).

Article 67. Conditions of provision of dwelling places from state housing stock

      1. Dwelling places from public housing stock or leased by a local executive body in private housing stock shall be provided for use by Kazakh citizens requiring need of a dwelling place and permanently residing in this inhabited locality ( regardless of term of residence) and related to:
      1) disabled persons and participants of the Great Patriotic War;
      1-1) orphans and children left without custody of parents;
      2) vulnerable population groups mentioned in subparagraphs 1-1) – 5), 7) – 11) of Article 68 of this Law, whose average monthly income for the last twelve months before applying for a dwelling place is, for each family member, lower than 3.1 times the subsistence minimum established by the national budget law for the relevant financial year. The rate of 3.1 times the subsistence minimum shall not apply to disabled children;
      3) public employees, workers in state-financed organizations, military servants, astronaut candidates, astronauts, employees of special state bodies and persons holding state elective posts;
      4) Kazakh citizens whose only dwelling place recognized as failing within the meaning of Kazakh legislation.
      Dwelling places provided to public employees, workers in state-financed organizations, military servants, astronaut candidates, astronauts, employees of special state bodies and persons holding state elective posts shall be equated to corporate housing with the exception of dwelling places leased by a local executive body in private housing stock.
      2. Dwelling places from housing stock of state enterprises shall be provided for use by workers of these enterprises requiring a dwelling place. Dwelling places provided to them shall be equated to corporate housing.
      3. Dwelling places from housing stock of state institutions shall be provided for use by workers of these institutions requiring a dwelling place.
      Dwelling places from the housing stock of state institutions established for the purpose of implementing the active employment promotion measures shall also be provided to Kazakh citizens participating in active employment promotion measures in accordance with Kazakh legislation concerning employment of the population, regardless of residence in this inhabited locality.
      A compulsory condition for provision of a dwelling place from the housing stock of state institutions, established for the purpose of implementing active employment promotion measures to Kazakh citizens participating in active employment promotion measures in accordance with Kazakh legislation concerning employment of population shall be absence of a dwelling place on basis of right of ownership of new place of residence, including their family members.
      Dwelling places provided by state institutions shall be corporate housing.
      4. Dwelling places from state housing stock shall be provided to Kazakh citizens whose only dwelling place is mortgaged under a residential mortgage loans and acquired by a local executive body in accordance with Kazakh housing legislation.
      Footnote. Article 67 is in the wording of Law of the Republic of Kazakhstan dated 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication); as amended by Laws of the Republic of Kazakhstan dated 06.01.2012 No. 529-IV (enforced upon expiry of twenty-one calendar days after first official publication); 13.02.2012 No. 553-IV (enforced from 01.01.2013); and 04.07.2013 No. 126-V (enforced upon expiry of ten calendar days after first official publication).

Article 68. Citizens in vulnerable population groups

      Footnote. Title of Article 68 as amended by Law of the Republic of Kazakhstan dated 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

      Vulnerable population groups include:
      1) disabled persons and participants of the Great Patriotic War;
      1-1) persons, equated to disabled persons and participants of the Great Patriotic War;
      2) disabled persons of groups 1 and 2;
      3) families having or raising disabled children;
      4) persons, suffering from severe forms of certain chronic illnesses in the list of illnesses confirmed by the Kazakh Government;
      5) retirement pensioners;
      6) orphans and children without a custody of parents aged under twenty-nine years who lost parents before coming age. When these persons are called to military service, the age shall be extended for the term of performance of active military duty;
      7) oralmans;
      8) persons who lost their dwelling place due to ecological, natural or technical disasters or emergencies;
      9) large families;
      10) families of persons who died (were killed) while fulfilling state or public duties or military service, preparing for or carrying out space travel, saving human life or protecting law and order;
      11) incomplete families.
      Footnote. Article 68 as amended by Laws of the Republic of Kazakhstan dated 06.07.2007 No. 276; 08.06.2009 No. 163-IV; 29.05.2010 No. 283-IV (for method of enforcement see Article 2); 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication); and 06.01.2012 No. 529-IV (enforced upon expiry of twenty-one calendar days after first official publication).

Article 69. Recognition of citizens of the Republic of Kazakhstan as needing dwelling place from state housing stock

      Kazakh citizens shall be recognized as needing a dwelling place from state housing stock if:
      1) they have no dwelling place on the basis of the right of ownership in Kazakh territory upon registration and on the date of provision of a dwelling place from public or state-enterprise housing stock;
      2) they have no dwelling place on the basis of ownership in this inhabited locality upon registration and on the date of provision of a dwelling place from state-institution housing stock;
      3) they have no dwelling place from public housing stock in permanent use in this inhabited locality;
      4) a dwelling place in which the family resides does not satisfy established sanitary and technical requirements;
      5) two and more families reside in adjoining uninsulated housing units;
      6) there are within the family people suffering from the severe form of certain chronic illnesses (according to the list of illnesses confirmed by the Kazakh Government), and joint residence in one premises (flat) is thus made impossible.
      Footnote. Article 69 is in the wording of Law of the Republic of Kazakhstan dated 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication).

Article 70. Right of citizens to dwelling place from state housing stock or dwelling place leased by a local executive body in private housing stock

      A citizen (together with spouse and minor children) shall have the right to only one dwelling place in this inhabited locality from state housing stock or a dwelling place leased by a local executive body in private housing stock, with the exception of cases in which each spouse had such dwelling place before marrying.
      Footnote. Article 70 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 (for method of enforcement, see Article 2).

Chapter 10. Procedure for provision of dwelling place from state housing stock or dwelling place leased by a local executive body in private housing stock

      Footnote. Title as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 ( for method of enforcement, see Article 2).

Article 71. Registration of citizens of the Republic of Kazakhstan eligible for dwelling place provided from state housing stock or leased by local executive body in private housing stock

      1. Kazakh citizens eligible for a dwelling place provided from a public housing stock or leased by a local executive body in a private housing stock shall be registered at their place of residence by a local executive body in a district, city of regional significance or city of national significance, or the capital.
      Kazakh citizens mentioned in paragraph 1 of Article 67 of this Law shall be subject to registration.
      Legal representatives of orphans and children without custody of parents shall be obliged to register a child with a local executive body for receipt of a dwelling place within six months from the date of admittance of the orphan or children without a custody of parents to an educational health-care or other organization, from the date of placing of such children in trusteeship or guardianship, or from the date of conclusion of an agreement with a foster parent.
      2. Kazakh citizens eligible for a dwelling place from state-enterprise housing stock shall be registered at the place of work in the state enterprise.
      Kazakh citizens mentioned in paragraph 2 of Article 67 of this Law shall be subject to registration.
      3. Kazakh citizens eligible for a dwelling place provided from state-enterprise housing stock shall be registered at the place of work in the state enterprise.
      Kazakh citizens mentioned in paragraph 3 of Article 67 of this Law shall be subject to registration.
      4. The procedure for registration of Kazakh citizens requiring a dwelling place from state housing stock or leased by a local executive body in private housing stock shall be determined by the Kazakh Government.
      5. Local executive bodies in a district, city of regional significance, city of national significance, or the capital, shall annually compile an inventory of priority lists of Kazakh citizens registered as requiring a dwelling place from public housing stock.
      Footnote. Article 71 is in the wording of Law of the Republic of Kazakhstan dated 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication); as amended by Law of the Republic of Kazakhstan dated 04.07.2013 No. 126-V (enforced upon expiry of ten calendar days after first official publication).

Article 72. Grounds for refusal of registration for provision of dwelling place from state housing stock or dwelling place leased by a local executive body in private housing stock

      Registration for provision of a dwelling place from state housing stock or leased by a local executive body in a private housing stock shall be refused if it is established that a citizen’ need arose following premeditated deterioration of housing conditions within the last five years through:
      1) exchange of housing unit;
      2) alienation of a dwelling place suitable for residence, belonging to him/her on the basis of right of ownership, whether in the same or another inhabited locality in the Republic of Kazakhstan, with the exception of cases when a local executive body acquires a dwelling place in accordance with Article 98-1 of this Law;
      3) destruction of or damage to a dwelling place through his/her fault;
      4) departure from a dwelling place when the citizen, on residing in it, did not need a dwelling place from state housing stock or leased by a local executive body in private housing stock;
      5) settlement of other persons, with the exception of a spouse, minors and incapable children or incapable parents.
      Footnote. Article 72 as amended by Laws of the Republic of Kazakhstan dated 09.07.2004 No. 587; 07.07.2006 No. 182 (for method of enforcement see Article 2); 08.06.2009 No. 163-IV; and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 73. Grounds for deregistration of citizens needing a dwelling place from state housing stock or leased by a local executive body in private housing stock

      Footnote. Title of Article 73 as amended by Law of the Republic of Kazakhstan dated 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

      1. Citizens needing a dwelling place from a state housing stock or leased by a local executive body in private housing stock shall be deregistered in the following cases:
      1) if the grounds for provision of a dwelling place from state housing stock or leased by a local executive body in private housing stock lapse;
      2) departure to other inhabited locality to live permanently, or termination of working relations in state enterprise or state institution;
      3) provision of incorrect information concerning need of dwelling place from state housing stock or leased by a local executive body in private housing stock;
      4) receipt of a land plot and completion of construction of own dwelling place, or acquisition of a dwelling place.
      Orphans and children without custody of parents, and incomplete families, recognized as needing a dwelling place and registered shall not be subject to deregistration until they receive a dwelling place.
      2. In case of departure of a registered citizen to another permanent place of residence, or death of that citizen, the order of priority shall be reserved for remaining family members registered with him/her, if this does not cause the grounds for their recognition as needing of dwelling place from state housing stock or leased by a local executive body in private housing stock to lapse.
      3. Interested persons shall be notified of deregistration in writing, ten days after adoption of the decision specifying the grounds for deregistration.
      4. In case of detection of violations, when a citizen was registered as needing a dwelling place from state housing stock or leased by a local executive body in private housing stock in the absence of grounds therefor but these grounds arose subsequently (increase of family members, reduction in aggregate family income &c), he/she shall be recognized as being in need from the date on which the grounds arose and his/her priority shall be adjusted respectively.
      Footnote. Article 73 as amended by Laws of the Republic of Kazakhstan dated 07.07.2006 No. 182 (for method of enforcement see Article 2); and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 74. Priority of provision to citizens of dwelling place from state housing stock or leased by a local executive body in private housing stock

      1. Dwelling places from state housing stock or leased by a local executive body in private housing stock shall be provided to citizens registered as being in need, with the exception of cases provided by Article 98-1 of this Law, in the order of priority established by the lists from the moment of submission of application with all necessary documents.
      2. Local executive bodies in districts, cities of regional significance, cities of national significance and the capital shall keep separate registration lists of those in need of a dwelling place from the public housing stock or leased by a local executive body in private housing stock:
      1) disabled persons and participants of the Great Patriotic War;
      1-1) orphans and children left without custody of parents;
      2) vulnerable groups mentioned in subparagraphs 1-1) – 5), 7) – 11) of Article 68 of this Law;
      3) public employees, workers in state-financed organizations, military servants, astronaut candidates, astronauts, employees of special state bodies, and persons holding state elective posts;
      4) citizens whose single dwelling place is recognized as failing within the meaning of Kazakh legislation.
      Dwelling places (newly commissioned or released by inhabitants) from public housing stock, or of dwelling places leased by local executive body in private housing stock on separate lists, with the exception of disabled persons and participants of the Great Patriotic War, orphans and children without custody of parents shall be distributed by local executive bodies in districts, cities of regional significance, cities of national significance and the capital proportionally to the number of separate lists, as well as lists of those needing a dwelling place and registered in a state enterprise and/or state institution, unless otherwise provided for by this Law or other Kazakh legislative acts.
      Local executive bodies in districts, cities of regional significance, cities of national significance and the capital shall publish separate lists of registration of those in need of dwelling places from public housing stock or dwelling places leased by a local executive body in private housing stock, in periodic printed publications and on web-sites, annually in the first quarter. Lists of persons given a dwelling place with specification of their priority as established by the lists of registration of those in need of provision of dwelling place shall be published in periodic printed publications and on web-sites within ten business days of the date of adoption of the decision by the local executive body to provide a dwelling place.
      2-1. State enterprises shall maintain priority lists of Kazakh citizens in need of dwelling places from state-enterprise housing stock and publish the lists of persons that given state-enterprise dwelling places with specification of their priority.
      2-2. State institutions shall maintain priority lists of Kazakh citizens in need of dwelling place from state-enterprise housing stock and publish the lists of persons given state-enterprise dwelling places with specification of their priority.
      3. The rights of citizens, included on these lists shall be recognized as equal. No person shall have a priority right to a dwelling place from state housing stock or leased by a local executive body in private housing stock over others included in these lists, with the exception of disabled persons, participants of the Great Patriotic War, orphans and children without custody of parents, unless otherwise provided by this Law.
      4. Disabled persons, participants of the Great Patriotic War, orphans and children without custody of parents shall have the pre-emptive right to receive a dwelling place from state housing stock or leased by a local executive body in private housing stock.
      Footnote. Article 74 as amended by Laws of the Republic of Kazakhstan dated 09.07.2004 No. 587; 20.12.2004 No. 13 (enforced from 01.01.2005); 07.07.2006 No. 182 ( for method of enforcement see Article 2); 07.12.2009 No. 222-IV (for method of enforcement see Article 2); 29.05.2010 No. 283-IV (for method of enforcement see Article 2); 27.06.2011 No. 444-IV ( enforced upon expiry of ten calendar days after first official publication); 06.01.2012 No. 529-IV ( enforced upon expiry of twenty-one calendar days after first official publication); 13.02.2012 No. 553-IV (enforced from 01.01.2013); and 04.07.2013 No. 126-V (enforced upon expiry of ten calendar days after first official publication).

Article 75. Standard of provision of dwelling place from state housing stock or leased by a local executive body in private housing stock

      1. Dwelling places from state housing stock or leased by a local executive body in private housing stock shall cover not less than fifty square metres and no more than eighteen square metres of usable space per person, but not less than a one-roomed flat or room in a hall of residence.
      2. Excluded by Law of the Republic of Kazakhstan dated 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).
      3. Dwelling-place floor space that exceeds the sizes, established by paragraph 1 of this Article shall be deemed excess.
      4. Citizens suffering from a severe form of certain chronic diseases in the list of diseases approved by the Kazakh Government shall be provided with separate additional room. The said additional floor space shall not be deemed excessive.
      5. The presence in a family of a woman over 22 weeks pregnant shall be considered when determining the size of the dwelling place to be provided from state housing stock or leased by a local executive body in private housing stock.
      6. The requirements of this Article shall not apply to relations in provision of dwelling places from state housing stock to the category of Kazakh citizens mentioned in Article 98-1 of this Law.
      Footnote. Article 75 as amended by Laws of the Republic of Kazakhstan dated 09.07.2004 No. 587; 07.07.2006 No. 182 (for method of enforcement see Article 2); and 22.07.2011 No. 479-IV ( enforced upon expiry of ten calendar days after first official publication).

Article 76. Requirements applicable to dwelling places from state housing stock or leased by a local executive body in private housing stock

      1. Dwelling places from state housing stock or leased by a local executive body in private housing stock, and provided to citizens for residence, shall be suitable according to the conditions of this inhabited locality and shall be located within the boundaries of the inhabited locality, where the person in need was registered.
      Dwelling places that do not satisfy the requirements of this paragraph may be provided only with the written consent of the person in need and all his/her adult family members. Provision of such dwelling places shall lead to deregistration of the persons in need.
      2. Settlement of one room by persons of different genders (except for spouses) shall not be allowed when a dwelling place is provided from state housing stock or leased by a local executive body in private housing stock.
      3. Disabled and elderly persons and persons with cardiovascular and other serious diseases shall be provided with dwelling places from state housing stock or leased by a local executive body in private housing stock, according to their wishes, on ground floors or in residential houses with lifts.
      Disabled persons shall be provided, by right, with choice of housing unit in accordance with individual rehabilitation programmes according to type of a building, level of public amenities and other required conditions for residence.
      4. Requirements of this Article shall not apply to relations in provision of dwelling places from state housing stock to the category of Kazakh citizens mentioned in Article 98-1 of this Law.
      Footnote. Article 76 as amended by Laws of the Republic of Kazakhstan dated 09.07.2004 No. 587; 07.07.2006 No. 182 (for method of enforcement see Article 2); and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 77. Decision on provision of dwelling place from state housing stock or leased by a local executive body in private housing stock

      1. Dwelling places from public housing stock or leased by a local executive body in private housing stock shall be provided by decision of a local executive body at the place of residence of an applicant, according to decision of the housing commission.
      2. Dwelling places from state-enterprise housing stock shall be provided on the basis of decision of state-enterprise housing commission regarding provision of a dwelling place and conclusion in three copies of the dwelling-place lease agreement. The first copy of the lease agreement shall be kept in the head office of state enterprise, the second transferred to a local executive body and kept as a strict reporting document, and the third issued to the applicant, uniquely conferring the right to settle in the dwelling place.
      3. Dwelling places from state-institution housing stock shall be provided on the basis of decision of the state-institution housing commission to provide a dwelling place and conclusion in three copies of the dwelling-place lease agreement. The first copy of the lease agreement shall be kept in the head office of the state institution, the second transferred to a local executive body and kept as a strict reporting document, and the third issued to the applicant, uniquely conferring the right to settle in the dwelling place.
      Footnote. Article 77 is in the wording of Law of the Republic of Kazakhstan dated 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication).

Article 78. Publicity of provision of dwelling place from state housing stock or leased by a local executive body in private housing stock

      The lists of persons on the list for receipt of dwelling place from state housing stock or leased by a local executive body in private housing stock, and the lists of persons given a dwelling place from state housing stock or leased by a local executive body in private housing stock in the last 24 months shall be provided for examination at the request of persons on those lists. The forms of these lists must include information on family composition, time of registration, grounds for receipt of dwelling place from state housing stock or leased by a local executive body in private housing stock, and size and time of provision of dwelling place.
      Footnote. Article 78 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 (the order of enforcement see Article 2).

Article 79. Provision of released part of dwelling place from state housing stock or leased by local executive body in private housing stock

      Footnote. Article 79 is excluded by Law of the Republic of Kazakhstan dated 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication).

Chapter 11. Rights and obligations of tenants (sub-tenants) of dwelling places from state housing stock or leased by a local executive body in private housing stock

      Footnote. The title is in the wording of Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 (for method of enforcement see Article 2).

Article 80. Lease (sub-lease) agreement for dwelling place from state housing stock or leased by local executive body in private housing stock

      1. Lease (sublease) agreements for dwelling places from state housing stock or leased by a local executive body in private housing stock shall be concluded between a local executive body or the administrative authority of a state enterprise or state institution (lender) and a citizen (tenant) in writing on the basis of a decision to provide a dwelling place. Such agreements shall not be subject to state registration.
      1-1. Sublease agreements for dwelling places leased by a local executive body in private housing stock shall be concluded between local executive body and citizen in writing on the basis of a decision to provide a dwelling place.
      2. The standard form of lease (sublease) agreement for dwelling place from state housing stock leased by a local executive body in private housing stock, the procedure for provision of dwelling place from state housing stock or leased by a local executive body in private housing stock, and its use, shall be approved by the Government of the Republic of Kazakhstan.
      3. The regulations of Kazakh civil legislation shall also be applied, in relevant cases, to relations arising from the lease (sublease) agreement for provision of dwelling place from state housing stock or leased by a local executive body in private housing stock.
      Footnote. Article 80 as amended by Laws of the Republic of Kazakhstan dated 07.07.2006 No. 182 (for method of enforcement see Article 2); and 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication).

Article 81. Subject of lease (sublease) agreement for dwelling place from state housing stock or leased by a local executive body in private housing stock

      1. The subject of a lease (sublease) agreement for a dwelling place in state housing stock or leased by a local executive body in private housing stock shall be the separate dwelling place.
      2. A dwelling room with exit (entrance) to other living room or part of room, and utility rooms in a flat may not be the standalone subject of a lease (sublease) agreement for dwelling place from state housing stock or leased by a local executive body in private housing stock.
      Footnote. Article 81 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 (for method of enforcement, see Article 2).

Article 82. Recognition of lease (sublease) agreement for dwelling place from state housing stock or leased by a local executive body in private housing stock as invalid

      1. A lease (sublease) agreement for a dwelling place from state housing stock or leased by a local executive body in private housing stock may be deemed invalid in the following cases:
      1) provision of incorrect information by citizens on need for provision of such dwelling place;
      2) violation of rights of other citizens or organizations to the dwelling place, specified in the agreement;
      3) illegal actions of civil servants when answering the question on provision of dwelling place;
      4) violation of priority of provision of dwelling place;
      5) cases of violation of the order and conditions of provision of dwelling place, established by Kazakh legislation.
      2. Application for recognition of the agreement as invalid may be filed within three years from the date of conclusion of the agreement.
      Footnote. Article 82 as amended by Laws of the Republic of Kazakhstan dated 07.07.2006 No. 182 (for method of enforcement see Article 2); and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 83. Rights and obligations of family members of tenant (subtenant)

      1. The circle of the tenant’s (subtenant’s) family members shall be determined in accordance with Article 21 of this Law.
      2. Family members of a tenant (subtenant) shall enjoy equal rights with a tenant (subtenant) and incur obligations arising from the lease (sublease) agreement for the dwelling place from state housing stock or leased by a local executive body in private housing stock. The adult family members and the tenant (subtenant) shall be jointly and severally responsible for obligations arising from the said agreement.
      3. If citizens mentioned in Article 21 of this Law cease to be family members of the tenant (subtenant) but continue to live in the dwelling place occupied by them, they shall reserve the housing rights and obligations of a tenant (subtenant) and his/her family members.
      Footnote. Article 83 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 (for method of enforcement, see Article 2).

Article 84. Rights of tenant (subtenant) to settlement of his/her family members in the dwelling place occupied by them from state housing stock or from local executive body in private housing stock

      1. The tenant (subtenant) shall have the right to settle a spouse, children and parents in the occupied dwelling place from state housing stock or leased by a local executive body in private housing stock with the written consent of the adult members of his/her family living together with him/he).
      The consent of other family members to settlement of parents’ children with them shall not be required.
      2. Persons, settled in a dwelling place from state housing stock or leased by a local executive body in private housing stock as family members shall accrue the right to use this housing unit on equal terms with other persons living there in accordance with this Article, unless other written agreements are concluded between these citizens, the tenant (subtenant) and adult family members living with him/her upon settlement.
      3. (Excluded – dated 7 July 2006 No. 182 (for method of enforcement see Article 2).
      Footnote. Article 84 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 (for method of enforcement, see Article 2).

Article 85. Terms of reservation of dwelling place from state housing stock or leased by local executive body in private housing stock in temporary absence of citizens

      1. In the temporary absence of a tenant (subtenant) or his/her family members, the dwelling place from the state housing stock or leased by a local executive body in private housing stock for six months.
      2. If a tenant (subtenant) or his/her family members are legitimately absent for more than six months, this term shall be extended accordingly following application from an absentee.
      3. Conditions and cases of reservation of dwelling place from state housing stock or leased by a local executive body in private housing stock owing to in temporary absence of citizens for a longer term shall be established by Article 86 of this Law.
      Footnote. Article 85 as amended by Law of the Republic of Kazakhstan dated 7 July, 2006 No. 182 ( for method of enforcement, see Article 2).

Article 86. Case of reservation of dwelling place from state housing stock or leased by local executive body in private housing stock owing to citizens

      1. Dwelling places from state housing stock or leased by a local executive body in private housing stock shall be reserved for citizens in the following cases:
      1) fulfilment of active military duty in the Kazakh Armed Forces or in military action involving the Republic of Kazakhstan beyond its borders, within the term of military service;
      2) movement of work according to employment agreement or in connection with selection for elective post, within work time;
      3) moving abroad for reasons provided for by Kazakh legislative acts, within the period of staying abroad;
      4) moving away for study, within the time of study;
      5) placement of children for raising in a child welfare institution, within the whole time of their stay in this institution with relatives or trustees (guardians) – until the children come of age;
      6) departure in connection with fulfilment of obligations of trustee (guardian), for the whole term before termination of these obligations;
      7) moving away for medical treatment – within the time spent under treatment;
      8) custodial sentence, loss of freedom or other punishment excluding the possibility of residence in the locality, within the time spent in detention or service of sentence. Loss of right to dwelling place from state housing stock in this case may be ordered by court verdict.
      1-1. Reservation of dwelling places of orphans and children without custody of parents shall be guaranteed in accordance with the Law of the Republic of Kazakhstan “Concerning the rights of a child in the Republic of Kazakhstan”.
      2. The right of use of dwelling place from state housing stock or leased by a local executive body in private housing stock shall be reserved for absentees within six months of the date of expiration of the terms, mentioned in this Article.
      Footnote. Article 86 as amended by Laws of the Republic of Kazakhstan dated 07.07.2006 No. 182 (for method of enforcement see Article 2); 15.05.2007 No. 253; 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication); and 04.07.2013 No. 126-V (enforced upon expiry of ten calendar days after first official publication).

Article 87. Procedure for recognising that a person has forfeited right of use of dwelling place from state housing stock or leased by local executive body in private housing stock

      A shall be considered to have forfeited the right of use of a dwelling place from state housing stock or leased by a local executive body in private housing stock due to absence, in addition to the terms established Articles 85 and 86, following a suit from a lender or tenant (subtenant) remaining in the premises or his/her family members (former family members).
      Footnote. Article 87 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 ( for method of enforcement, see Article 2).

Article 88. Right of use of dwelling place from state housing stock or leased by local executive body in private housing stock in case of temporal absence of tenant (subtenant)

      Family members, living in dwelling places from state housing stock or leased by a local executive body in private housing stock, from which the tenant (subtenant) is temporarily absent may use all of the dwelling place on the old terms. They shall thus enjoy rights and incur obligations under the lease agreement for this dwelling place.
      The floor area of dwelling places from state housing stock or leased by a local executive body in private housing stock, for which the right of use is reserved for temporarily absent citizens, shall not be considered excessive.
      Footnote. Article 88 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 (for method of enforcement, see Article 2).

Article 89. Obligations of temporarily absent tenant (subtenant)

      Temporary absence of a tenant shall not release him/her from fulfilling the obligations under lease agreements for dwelling places from state housing stock, with the exception of cases provided for by Article 90 of this Law.
      Temporary absence of a subtenant shall not release him/her from fulfilling the obligations under the sublease agreement for a dwelling place leased by a local executive body in private housing stock.
      Footnote. Article 89 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 ( for method of enforcement, see Article 2).

Article 90. Use of dwelling place from state housing stock, belonging to temporarily absent citizen

      1. If family members of a temporarily absent tenant that reserved the dwelling place do not live in a dwelling place from state housing stock, the tenant may settle the dwelling place reserved under sublease agreement or settle temporal inhabitants there for the term of preservation of dwelling place in accordance with Articles 85 and 86 of this Law.
      If a tenant has not settled the dwelling place from state housing stock, reserved for him/her, the lender shall, at his/her discretion, have the right to provide this dwelling place to other citizens within the term for which the dwelling place from state housing stock is reserved for the tenant within three months, with the agreement of the tenant.
      The sublease (temporary settlement) term may end when the tenant or his/her family members return early.
      2. Upon return of a tenant or his/her family members, they shall have the right to claim immediate eviction of subtenants or temporary residents from the dwelling place provided to him/her by a lender.
      In case of refusal to release the dwelling place, the subtenant (temporary residents) shall be subject to eviction without provision of other dwelling place from state housing stock, at the request of the tenant or his/her family members.

Article 91. Provision of dwelling place to citizens from state housing stock in connection with capital repair of residential house

      1. When a residential house from state housing stock undergoes capital repair and the repair cannot be performed without removing the residents (tenant), the lender shall be obliged to provide the tenant and his/her) family members with a dwelling place for the duration of the capital repair without cancelling the lease agreement for the premises under repair.
      2. If the parties agree, the lease agreement may be terminated instead of resettlement and the tenant may be provided with other premises for permanent use fulfilling the requirements of Articles 75 and 76, paragraphs 2, 3, 4 of Article 106 of this Law, under a new lease agreement.
      3. Expenses, incurred by tenants upon resettlement in connection with capital repairs shall be compensated by the lender.
      Tenants shall pay only for use of the dwelling place provided for the period of capital repair and for public services provided in this dwelling place.
      4. When the dwelling place from state housing stock to be occupied by a tenant and his/her family members following capital repairs cannot be reserved for him/her, the tenant shall be provided with another dwelling place before the capital repairs commence.
      At the request of a tenant or lender, another dwelling place shall be also provided in cases when following capital repairs the premises are essentially increased and excess floor areas are created in the tenants’ premises.
      If dwelling space is reduced following capital repairs, the tenant may, at his/her request, be provided with another dwelling place from state housing stock that fulfils the requirements of Articles 75 and 76 and paragraphs 2, 3, 4 of Article 106 of this Law.

Article 92. Alteration of lease (sublease) agreement for dwelling place from state housing stock or leased by local executive body in private housing stock

      Lease agreements for dwelling places from state housing stock or leased by a local executive body in private housing stock may be altered only with the agreement of the tenant, his/her adult family members and the lender, with the exception of cases provided for by this Law.
      Sublease agreements for dwelling places leased by a local executive body in private housing stock may be altered only with the agreement of the subtenant, his/her adult family members and a local executive body, with the exception of cases provided for by this Law.
      Footnote. Article 92 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 (for method of enforcement, see Article 2).

Article 93. Alteration of agreement at request of tenants (subtenants) united in one family

      Citizens residing in one dwelling place from state housing stock or leased by a local executive body in private housing stock, and using the housing units therein under standalone lease (sublease) agreements, shall, when united in one family, have the right to claim a lender for concluding the one lease (sublease) agreement with one of them for all of the dwelling place occupied by them.
      Footnote. Article 93 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 (for method of enforcement, see Article 2).

Article 94. Determining the procedure for using of dwelling places from state housing stock or leased by a local executive body in private stock fund upon termination of conjugal relations between family members of tenant (subtenant)

      Persons terminating conjugal relations but continuing to live in one dwelling place from state housing stock or leased by a local executive body in private housing stock under a single dwelling-place lease agreement may determine the procedure for using the dwelling place without conclusion of standalone lease (sublease) agreements.
      If agreement is not reached, the dispute shall be resolved by court in recognition of residence conditions prevailing prior to advent of the dispute.
      Footnote. Article 94 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 (for method of enforcement, see Article 2).

Article 95. Alteration of agreement due to recognition of other family member as tenant (subtenant)

      Adult family members of a tenant (subtenant) may claim their recognition as lodgers (subtenants) with the agreement of the tenant (subtenant) and other family members under a previously concluded lease (sublease) agreement instead of the primary tenant (subtenant). In case of death of a tenant (subtenant), any adult family member of the dead (killed) person shall have the same right.
      Change of tenant (subtenant) shall lead to re-execution of the lease (sublease) agreement for the dwelling place.
      Footnote. Article 95 as amended by Laws of the Republic of Kazakhstan dated 07.07.2006 No. 182 (for method of enforcement see Article 2); and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 96. Exchange of dwelling places from state housing stock

      The procedure for exchanging dwelling places from state housing stock shall be determined by the legal dwelling place regimes established by Articles 98, 99, 101 and 110 of this Law.
      For registration of exchange, a tenant of a dwelling place from state housing stock shall receive the consent of adult family members residing with him/(her, including those temporarily absent.
      Footnote. Article 96 as amended by Law of the Republic of Kazakhstan dated 26.07.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication).

Chapter 12. Pay for use of dwelling places from state housing stock and leased by local executive body in private housing stock and for maintenance of residential house/building, public utilities and communication services in increase of line rental for telephone connected to telecommunications network

      Footnote. The title of chapter 12 as amended by Laws of the Republic of Kazakhstan dated 05.07.2004 No. 568; 07.07.2006 No. 182 (for method of enforcement see Article 2); 08.06.2009 No. 163-IV; and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 97. Pay for use of dwelling places from state housing stock and leased by local executive body in private housing stock and for maintenance of residential house/ building, public utilities and communication services in increase of line rental for telephone connected to the telecommunications network

      Footnote. The title of Article 97 as amended by Law of the Republic of Kazakhstan dated 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

      1. The total payment for use of a dwelling place from state housing stock shall be established by a local executive body in the district, city of regional or national significance, or the capital (for public housing stock), state enterprise administrative body (from state–enterprise housing stock) or state institution administrative body (from state housing stock) in accordance with the method of calculating the amount of payment for use of dwelling places from state housing stock, unless otherwise provided by Kazakh legislation.
      1-1. The total payment for use by citizens of a dwelling place leased by a local executive body in private housing stock shall be established by this local executive body.
      1-2. The local executive body may make payment of expenses for use of dwelling places in private housing stock or leasing houses, as determined using the budgetary funds for certain categories of citizens.
      The categories of citizens, and the expenses on lease payment for use of dwelling place in private housing stock and on leasing houses imposed in the local budget, shall be determined by a local executive body.
      2. Pay for public utilities in dwelling places of all forms of property shall be charged according to tariffs approved as established by the Government of the Republic of Kazakhstan.
      The state shall take measures to provide housing assistance to needy families (citizens) in payment of;
      expenses for maintenance of residential house/building to families/citizens who reside in privatized housing units (flats) or are tenants (subtenants) of housing units (flats) in state housing stock;
      consumption of public utilities and communication services, in terms of increase of line rental for telephone connected to the telecommunications network, to families (citizens) who are owners or tenants (subtenants) of the dwelling place;
      lease payment for use of dwelling place, leased by a local executive body in the private housing stock;
      Note by RCLI!
      Paragraph shall be valid until 01.01.2014 in accordance with Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV (enforced from 01.07.2012).
      costs of single-phase electric meter with a grade of accuracy of no less than 1 with differential account and control of power consumption according to time of day, to those residing in privatized housing units (flats) and free-standing residential house.
      Note by RCLI!
      Paragraph shall be valid until 01.01.2014 in accordance with Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV (enforced from 01.07.2012).
      Housing assistance shall be rendered on the basis of invoices produced by suppliers for payment of public utilities for maintenance of residential house/building, according to an estimation that determines the total monthly and target contributions and maintenance of housing unit/building, and of invoices produced by a supplier for payment of costs of single-phase electric meter with a grade of accuracy of no less than 1 with differential account and control of power consumption according to time of day, installed instead of single-phase electric meter with a grade of accuracy of no less than 2.5 and used in privatized housing units (flats) and free-standing residential house, at the expense of budgetary funds, to persons permanently residing in this locality. The total housing assistance provided, and the method of providing it, shall be determined by local representative bodies in districts, cities of regional and national significance and the capital, on the basis of the rules for providing housing assistance, approved by the Government of the Republic of Kazakhstan.
      3. The procedure for distribution of common expenses on payment for dwelling place and for public utilities between several lodgers or owners residing in a common dwelling place (or in one flat) shall be determined by agreement between the parties, and if agreement is not reached, by judicial proceedings.
      4. Benefits for payment for dwelling place and public utilities shall be established by Kazakh legislative acts.
      Footnote. Article 97 as amended by Laws of the Republic of Kazakhstan dated 16.11.1999 No. 477; 05.07.2004 No. 568; 20.12.2004 No. 13 (enforced from 01.01.2005); 07.07.2006 No. 182 (for method of enforcement see Article 2); 08.06.2009 No. 163-IV; 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication); 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication); and 13.01.2012 No. 542-IV (enforced upon expiry of six months after first official publication).

Chapter 13. Special aspects of provision and use of dwelling places from state housing stock

Article 98. Legal regime of dwelling places provided from public housing stock, for use by vulnerable groups

      Footnote. The title of Article 98 as amended by Law of the Republic of Kazakhstan dated 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

      1. Dwelling places provided from public housing stock to vulnerable groups may be privatized by a tenant according to depreciated cost, under conditions, provided by this Law and as determined by the Government of the Republic of Kazakhstan.
      2. Dwelling places provided to citizens, mentioned in this Article with the agreement of local executive body may be exchanged for other dwelling places also provided to vulnerable groups.
      In this case, the exchange shall not lead to deliberate deterioration of housing conditions of a citizen to bring him/her into a state of need of improved housing conditions under Article 69 of this Law.
      3. In cases established by this Law, dwelling places from public housing stock shall be transferred to ownership of a tenant without compensation.
      Footnote. Article 98 as amended by Laws dated 07.06.1999 No. 391; and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 98-1. Legal regime of dwelling place acquired by a local executive body

      1. The local executive body, acting as a pledge holder following transfer to it of right of claim on residential mortgage loan, may acquire the dwelling place in accordance with the terms of agreement as compensation in case of failure of a borrower who is a Kazakh citizen to fulfil obligations under long-term residential mortgage loans received in accordance with Kazakh legislation.
      2. Dwelling places, acquired by local executive bodies in accordance with paragraph 1 of this Article shall be transferred into communal ownership and provided to a pledger with the right to privatize it according to the cost of transfer of right of pledge holder’s claim.
      Footnote. Supplemented by Article 98-1 of Law of the Republic of Kazakhstan dated 9 July 2004 No. 587.

Article 99. Legal regime of corporate housing provided to military servants from housing stock of state armed forces institutions, other forces and military units

      1. Military servants and their family members – wife (husband), common minor children (adopted, kept at cost or under guardianship), children (adopted, kept at cost or under guardianship) and children of a husband (wife) studying full-time in educational organizations until age twenty three years; disabled children (adopted, kept at cost or under guardianship) and disabled children of a husband (wife) who became disabled before reaching age eighteen, and parents dependent on a military servant,in need of a dwelling place, shall be provided with corporate housing from the housing stock of state armed forces institutions, other forces and military units for the period of fulfilment of active duty in accordance with the rules for providing dwelling places for military servants, approved by the Government of the Republic of Kazakhstan.
      Military servants and their family members shall be provided with corporate housing of sizes established by this Law.
      Military servants in need of dwelling places shall be paid by targeted remuneration for lease (rent) of dwelling place according to their report in accordance with the rules for providing dwelling places for military servants.
      2. Military servants shall be recognized as being in need of dwelling places if they and the family members permanently residing with them have no dwelling place in this inhabited locality or other dwelling place provided from state housing stock.
      3. Maintenance of dwelling places and centralized heating in closed and isolated military garrisons, frontier posts and commandant's offices on the lists determined by the Government of the Republic of Kazakhstan, shall be secured at the expense of the state.
      4. Family members of military servants who lose their wage-earners may not be evicted from occupied dwelling places without provision of other dwelling places on a non-repayment basis. These persons in need of dwelling place shall be paid by targeted remuneration for lease/rental of dwelling place before provision of dwelling place, in accordance with the rules for providing dwelling places for military servants.
      5. Military servants sent abroad for fulfilment of active duty shall reserve the occupied dwelling places for the whole period spent abroad.
      Footnote. Article 99 is in the wording of Law of the Republic of Kazakhstan dated 16.02.2012 NO. 562-IV (enforced from 01.01.2013).

Article 100. Legal regime of dwelling places provided from housing stock of state enterprises

      Footnote. Article 100 is excluded by Law of the Republic of Kazakhstan dated 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication).

Article 101. Legal regime of dwelling places equated to corporate housing

      1. The rules of Articles 93 and 95 of this Law shall not apply to relations in use of dwelling places, equated to corporate housings.
      2. The procedure for provision and use of dwelling places equated to corporate housings shall be approved by the Government of the Republic of Kazakhstan.
      3. Public employees, workers of state-financed organizations and state enterprises, astronaut candidates, astronauts, and persons holding state elective posts may privatize the dwelling places occupied by them and equated to corporate housings at depreciated cost, if they have worked in public service, state enterprises or state-financed organizations (including term of stay in state elective post) for not less than ten years, and regardless of work period, if labour relations are terminated on the following grounds:
      1) liquidation of organization, reduction of staff number;
      2) disease preventing continuation of work;
      3) retirement from service.
      Astronaut candidates and candidates with over fifteen years’ work experience in the field of space activities may privatize dwelling places without compensation.
      In case of death of a worker to whom the dwelling place equated to corporate housing was provided, the right of privatization shall transferred to the family members of the person who died (was killed) regardless of that person’s time spent working.
      4. Military servants and employees of special state bodies provided with dwelling places equated to corporate housing for the period of fulfilment of active duty in this inhabited locality may privatize them (with the exception of housing units located in military garrisons, frontier posts and other closed objects) after ten years of military service and service in special state bodies, and upon superannuation, disease or reduction in personnel, regardless of period of service.
      If the dwelling place cannot be privatised due to its location in a closed and isolated military garrisons or frontier posts, the right of privatization shall be compensated by the cost of acquiring/constructing the relevant dwelling place in another locality.
      Military servants and employees of special state bodies with more than twenty consecutive calendar years of service may privatize dwelling places without compensation.
      In the event of death of a military servant or special state body employee provided with a dwelling place equated to corporate housing, the right of privatization shall be transferred to the family members of the person who died (was killed) regardless of that person’s time spent working.
      Benefits provided for by this paragraph shall be applied only once.
      These benefits shall be also applied to persons in service for not less than twenty years, whose right to hold a military grade and wear uniform lapsed after 1 January 2012.
      5. Dwelling places from state-enterprise housing stock may be exchanged for other dwelling place from state-enterprise housing stock with the written agreement of the owner or state body, authorized by the owner.
      6. If there are grounds, established by paragraph 3 of this Article, the housing committee shall issue a decision on privatization of dwelling place. The dwelling place in question shall be transferred into public housing stock for subsequent privatization by a lodger.
      7. Eviction of persons mentioned in this Article shall be allowed on the grounds, provided by chapter 14 of this Law.
      8. The procedure for privatization of dwelling places equated to corporate shall be determined by the Government of the Republic of Kazakhstan.
      Footnote. Article 101 is in the wording of Law of the Republic of Kazakhstan dated 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication); as amended by Laws of the Republic of Kazakhstan dated 06.01.2012 No. 529-IV (enforced upon expiry of twenty-one calendar days after first official publication); 13.02.2012 No. 553-IV (enforced from 01.01.2013); and 16.02.2012 No. 562-IV (enforced upon expiry of ten calendar days from date of first official publication).

Chapter 13-1. Special aspects of regulating the housing relations with participation by employees of special state bodies

      Footnote. Section 4 supplemented by chapter 13-1 in accordance with Law of the Republic of Kazakhstan dated 13.02.2012 No. 553-IV (enforced from 01.01.2013).

Article 101-1. Exercise of right to dwelling place by employees of special state bodies

      1. The right to dwelling place shall be exercised by employees of special state bodies from the date of their being recognised as needing a dwelling place, as established by this Law, by transferring the housing payments to their personal special account from the state budget funds devoted to the relevant special state body.
      The total housing stock shall be determined by multiplying the rental cost of one square metre of a dwelling place in the relevant district of the Republic of Kazakhstan by the floor area of dwelling place. The floor area of a dwelling place shall be determined using the calculation of eighteen square metres of usable space for each family member.
      The rules for determining size, designation, re-calculation and issue and termination of housing payments, shall be approved by the Government of the Republic of Kazakhstan.
      2. Housing payments shall be made monthly basis by transfer to the personal special account of a special state body employee, opened with a second-tier bank of his/her choice.
      The personal special account for housing payments shall be opened and operated by each special state body employee recognized as needing a dwelling place, independently.
      3. Housing payments shall be made by the special state body within one month from the date of their being set.
      4. Employees of special state bodies given corporate housing before 1 January 2013 shall reserve the right to reside in this dwelling place and the right of its privatization, as established by this Law.
      5. Employees of special state bodies in need of a dwelling place but not given it before 1 January 2013 shall receive housing payments for the whole period of service from the date of being recognised as needing a dwelling places, with the exception of employees whose length of military service or service in special state bodies is no less than ten years.
      6. Employees of special state bodies recognized as needing a dwelling place before 1 January 2013 shall on dismissal receive housing payments for the whole period of service from the date of their recognition as needing a dwelling place, minus the difference paid on dismissal if housing payments were made.
      7. Employees of special state bodies shall reserve the right to receive housing payments for the whole period of service from the date of their recognition as needing dwelling place upon superannuation, or dismissal on health grounds or following reduction in personnel, minus the difference, paid on dismissal.
      If the reason for dismissal of employees is disease acquired during service, the housing payments shall be transferred to them within the term equal to twenty calendar years of service, minus the sums actually transferred on the date of dismissal.
      8. Employees of special state bodies serving in closed and isolated military garrisons, frontier posts and other remote objects the list of which is determined by the regulation of the Government of the Republic of Kazakhstan shall be given secure dwelling places as established by this Law, for the period of serving in this region without right of privatization.
      Housing payments to this category of employees shall be made in accordance with this chapter.
      Footnote. Article 101-1 as amended by Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (enforced upon expiry of ten calendar days after first official publication).

Article 101-2. Recipients of housing payments

      1. Recipients of housing payments shall include the following employees of special state bodies needing a dwelling place:
      1) graduates of the higher educational establishments, entering the special ranks due to this graduation, from 1 January 2013;
      2) those concluding first service contracts in special state bodies before 1 January 2013;
      3) those recalled for service or entering service on a voluntary basis and concluding their first special service contract after 1 January 2013;
      4) warrant officers (sergeants) and midshipmen (sailors) whose total length of service is three years under contract, beginning from 1 January 2013;
      5) warrant officers (sergeants) and midshipmen (sailors) who concluded their first special service contracts before 1 January 2013.
      2. If both spouses are employees of special state bodies, housing payments shall be made only to one of them recognized as needing a dwelling place as established by the Law.

Article 101-3. Grounds for termination of housing payments

      Housing payments shall be terminated in the following cases:
      1) dismissal of employees from special state bodies;
      2) loss of status of needing dwelling place by employees of special state bodies, except in cases when they not fulfil the obligation under agreement concluded for the purposes provided by subparagraphs 1), 3), 4), 5) and 7) of Article 101-4 of this Law, or pay for lease of dwelling place with subsequent redemption;
      3) exclusion of employees of special state bodies from lists of military personnel due to death,, recognition as missing or declaration of death as established by the Law.
      Footnote. Article 101-3 as amended by Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (enforced upon expiry of ten calendar days after first official publication).

Article 101-4. Purposes of use of housing payments by employees of special state bodies

      Recipients of housing payments shall use the funds available in the personal special account on the basis of the relevant agreements, registered as established by legislation, for the purpose of:
      1) purchasing housing unit(s) with use of real estate credit (loan);
      2) using funds to pay a dwelling-place lease or pay a dwelling-place lease with subsequent redemption;
      3) using funds for repayment of real estate credit (loan) redeemed early;
      4) using funds for payment of contributions to participation in cooperative housing projects;
      5) using funds for payment of contributions to participation in dwelling place owners’ cooperative;
      6) using funds for replenishing savings in the form of housing building savings;
      7) using funds to improve housing conditions.

Article 101-5. Rights of special state body employees in receipt of housing payments

      Special state body employees in receipt of housing payments may:
      1) seek information on funds transferred annually to their personal special account in the special state body in which they serve;
      2) accumulate unused housing payment totals in their personal special account;
      3) use housing stock according to purpose in any region of Kazakhstan regardless of place of service;
      4) transfer unused housing payment totals from one second-tier bank to another with the agreement of the special state body and the bank where the personal special account is opened.

Article 101-6. Obligations of special state body employees in receipt of housing payments

      Recipients of housing payments shall be obliged to:
      1) notify the special state body in which they serve of any change of family composition within no more than 10 days of date of registration of acts of civil status and receipt of the relevant certificate by the judicial bodies;
      2) notify the special state body in which they serve of loss of status of needing dwelling place, and of fulfilment of obligations under agreements concluded for the purposes, provided by subparagraphs 1), 3), 4), 5) and 7) of Article 101-4 of this Law and for paying the dwelling-place lease with subsequent redemption, within no more than 10 days of date of loss of status of needing dwelling place and fulfilling this obligation;
      3) send them for the purposes provided by Article 101-4 of this Law, in accordance with the agreement concluded between the special state body, the special state body employee and the second-tier bank in which the special state body employee’s personal special account is opened.
      Footnote. Article 101-6 as amended by Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (enforced upon expiry of ten calendar days after first official publication).

Article 101-7. Guarantees of immunity of housing payments

      Housing payments shall not be withdrawn into the budget or be the subject of a pledge or other charge under commitments of owner or other persons, with the exception of agreements concerning security of personal housing needs of recipients of payments.

Article 101-8. Rights of family members of special state body employees excluded from lists of military personnel due to death, recognition as missing or declaration as dead in service

      1. If special state body employees are excluded from lists of military personnel following death or disappearance in action and recognised as missing or dead, as established by the Law, their family members may use the housing stocks held in a personal special account for the purposes, provided in Article 101-4 of this Law. The personal special account of these employees shall thus be closed.
      2. Housing stocks shall be paid to families of special state bodies who die during service as lump-sum compensation equal to the purchase cost relating to the standard usable space of dwelling place for family composition as from the date of their death at the price established by the legislation for the relevant financial year for 1 square metre, less all housing payments previously made within the dead person’s period of service.
      Lump-sum compensation shall not be paid if it is proved, as established by Kazakh legislation, that the special state body employee died (was killed):
      1) as the result of suicide, with the exception of cases of forced suicide;
      2) during commission of a crime or administrative offence;
      3) as the result of abuse of substances causing a state of alcoholic, drug-related, psychotropic or solvent intoxication (or similar states);
      4) as the result of deliberate bodily self-injury (self-harm) or other harm to health with the aim of receiving lump-sum compensation or avoiding service;
      5) as the result of actions of an employee violating the conditions of the service contract.
      Footnote. Article 101-8 as amended by Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (enforced upon expiry of ten calendar days after first official publication).

Article 101-9. Family members of special state body employees

      Family members of special state body employees shall include the following for the purposes of this Law:
      1) wife or husband;
      2) minor children;
      3) children over eighteen years who became disabled before reaching eighteen.

Chapter 14. Termination of right of use of, and eviction from, dwelling places from state housing stock and leased by a local executive body in private housing stock

      Footnote. Title as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 (for method of enforcement, see Article 2).

Article 102. Termination of lease (sublease) agreement for dwelling place from state housing stock or leased by local executive body in private housing stock, by tenant

      1. Tenants (subtenants) of dwelling places from state housing stock or leased by a local executive body in private housing stock may terminate the lease (sublease) agreement at any time (with the agreement of adult family members).
      2. In case of departure of a tenant (subtenant) and his/her family members to live permanently elsewhere, the lease (sublease) agreement for the dwelling place shall be deemed terminated from the date of departure.
      Footnote. Article 102 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 ( for method of enforcement, see Article 2).

Article 103. Termination of lease (sublease) agreement for dwelling place from state housing stock or leased by local executive body in private housing stock at request of tenant and eviction of tenant (subtenant) from dwelling place

      1. A lease (sublease) agreement for a dwelling place from state housing stock or leased by a local executive body in private housing stock may be terminated at the request of tenant only on the grounds established by this Law.
      2. Eviction from any dwelling place from the state housing stock or leased by a local executive body in private housing stock shall be allowed in cases of termination of lease (sublease) agreement, and on other grounds, provided by this Law.
      3. Eviction without provision of other usable dwelling place from any dwelling place in state housing stock and leased by a local executive body in private housing stock of children without custody of parents shall not be allowed.
      Footnote. Article 103 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 (for method of enforcement, see Article 2).

Article 104. Eviction with provision of other dwelling place from state housing stock

      1. Citizens shall be evicted from dwelling places in state housing stock or leased by a local executive body in private housing stock with provision of other suitable dwelling place, except in cases provided for by Article 107, paragraph 1 of Article 108, and Articles 111 and 114 of this Law.
      2. In cases mentioned in paragraph 1 of Article 91 and paragraph 3 of Article 103 of this Law, another dwelling place suitable for living shall be provided.
      3. The other dwelling place shall be secured by a legal entity specifying the grounds for eviction.
      Footnote. Article 104 as amended by Laws of the Republic of Kazakhstan dated 07.07.2006 No. 182 (for method of enforcement see Article 2); and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 105. Grounds for eviction with provision of other suitable dwelling place from the state housing stock or leased by local executive body in private housing stock

      1. The lease (sublease) agreement for the dwelling place from state housing stock or leased by a local executive body in private housing stock may be terminated, and a tenant (subtenant) evicted with provision of other suitable dwelling place, in the following cases:
      1) if a residential house/residential building in which the dwelling place is located is subject to demolition following compulsory alienation of a land plot for state requirements;
      2) if a residential house/building is redeveloped as a non-residential building because of its unsuitability for further occupation;
      3) if the dwelling place threatens to fall down (collapse);
      4) essential change of conditions of residence following capital repair to dwelling place (paragraphs 2 and 3 of Article 91 of this Law);
      5) recognition of the lease (sublease) agreement for the dwelling place as invalid on grounds provided by paragraph 2 of Article 108 of this Law.
      2. The suitable dwelling place provided instead shall satisfy the requirements and conditions of Articles 75 and 76 of paragraphs 2, 3, 4 of Article 106 of this Law.
      Footnote. Article 105 as amended by Law of the Republic of Kazakhstan dated 07.07.2006 No. 182 ( for method of enforcement see Article 2); and 01.03.2011 No. 414-IV (enforced from date of first official publication).

Article 106. Dwelling places provided to citizens following eviction from dwelling places from state housing stock or leased by local executive body in private housing stock

      1. The other dwelling place provided to citizens following eviction from state housing stock shall satisfy the requirements of Articles 75 and 76 of this Law and its size may not be less than that of the dwelling place occupied by the evicted persons.
      2. If a tenant (subtenant) has occupied more than one room, he/she shall be provided with a separate dwelling place comprising the same number of rooms.
      3. If a tenant (subtenant) had excess floor area, the dwelling place shall be provided in accordance with the regulations of paragraph 1 of Article 75 of this Law, and the tenant (subtenant) or person residing with him/her shall be allocated additional area in recognition of the right to additional area.
      4. Citizens, residing in a dwelling place scheduled for demolition in not less than fifteen years shall be provided with other suitable dwelling places in residential houses built in the place of or bear the demolished buildings as they wish. Before this dwelling place is provided, these citizens shall be given a temporary dwelling place, that satisfies the requirements of paragraph 5 of this Article.
      5. Dwelling places suitable for residence shall be located within the boundaries of this inhabited locality and satisfy sanitary and technical requirements.
      Resettlement shall not lead to such deterioration of housing conditions that the citizen needs an improvement of housing conditions in accordance with Article 69 of this Law. Expenses incurred by a tenant (subtenant) in connection with resettlement in cases mentioned in subparagraph 1), 2), 3), 4) of paragraph 1 of Article 105 of this Law shall be reimbursed by the lender.
      6. Disputes, linked with eviction of citizens on the grounds of Article 105 of this Law shall be solved in a judicial proceeding.
      Court decisions to evict a tenant (subtenant) must indicate the dwelling place provided to the evicted person with designation of the address of that dwelling place, with the exception of cases provided for by paragraph 2 of Article 108 of this Law.
      Footnote. Article 106 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 (for method of enforcement, see Article 2).

Article 107. Grounds for eviction without provision of other dwelling place from state housing stock or dwelling place leased by local executive body in private housing stock

      Eviction of a tenant (subtenant), and his/her family members or other persons jointly residing with him/her shall be allowed in cases where:
      1) they systematically damage or spoil the dwelling place;
      2) they use the dwelling place in breach of the requirements of Article 4 of this Law;
      3) they make it impossible for others to live with them in the same premises or residential house by systematic violation of hall of residence rules;
      4) they evade payment for use of the dwelling place without reasonable excuses for six consecutive months
      5) it is clearly impossible for persons deprived of parental rights to live together with children in relation to whom they lost their parental rights;
      6) a person arbitrary occupies a dwelling place;
      7) the lease (sublease) agreement for the dwelling place is deemed invalid on the grounds provided by paragraph 1 of Article 108 of this Law;
      8) they acquire another beneficially owned dwelling place, regardless of location area;
      9) the grounds provided by Articles 111 (with the exception of cases provided for by paragraph 3 of Article 101 and paragraph 2 of Articles 109 and 114 of this Law) are satisfied.
      Footnote. Article 107 as amended by Laws of the Republic of Kazakhstan dated 07.07.2006 No. 182 (for method of enforcement see Article 2); and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 108. Consequences of recognition of lease (sublease) agreement of dwelling place as invalid

      1. If the lease (sublease) agreement for the dwelling place is declared invalid due to deliberate illegal actions of those concluding the agreement and receiving the dwelling place, they shall be evicted without provision of other dwelling place.
      2. If the lease (sublease) agreement for the dwelling place is declared invalid on other grounds, except in cases, provided for by paragraph 1 of this Article, the citizens mentioned in the agreement shall be evicted with provision of their previously occupied or other suitable dwelling place. The obligation of providing another dwelling place shall be imposed on the legal entity whose actions grounds for declaring the agreement invalid. In this case, the court decision may refrain from specifying the address of the dwelling place provided.
      3. Civil servants allowing illegal actions in the conclusion of the lease (sublease) agreement shall be held liable as established by the Laws of the Republic of Kazakhstan.
      Footnote. Article 108 as amended by Law of the Republic of Kazakhstan dated 7 July 2006 No. 182 (for method of enforcement see Article 2); Law of the Republic of Kazakhstan dated 6 July 2007 No. 276 .

Chapter 15. Use of corporate housing units and accommodation in halls of residence from state housing stock

Article 109. Corporate housing units

      1. Corporate housing units shall be intended for settling Kazakh citizens who, because of the nature of their working relations under the lease (sublease) agreement must reside at the work place, and Kazakh citizens participating in active measures to promote employment in accordance with Kazakh legislation concerning employment of the population.
      2. Employees of state institutions may privatize the corporate housing units occupied by them at depreciated cost, if they have worked in public service, state-financed organizations or state enterprises (including period of stay in state elective post) for no less than ten years, regardless of period worked, if labour relations are terminated by the following grounds:
      1) liquidation of organization, reduction of number of executives or workers;
      2) disease preventing subsequent work;
      3) retirement.
      In the event of death of a worker provided with corporate housing, the right of privatization shall be transferred to the family members of the person who died (was killed), regardless of the period worked by that person.
      Kazakh citizens provided with corporate housing units and participating in active measures to promote employment in accordance with Kazakh legislation concerning employment of the population may privatize the corporate housing units occupied by them at depreciated cost if they have resided in corporate housing for no less than five years.
      3. The corporate housing units privatization procedure shall be determined by the Government of the Republic of Kazakhstan.
      4. Where the grounds established by paragraph 2 of this Article exist, the housing committee shall deliver decision on privatization of the dwelling place. This dwelling place shall be transferred to public housing stock for subsequent privatization by a tenant.
      Footnote. Article 109 is in the wording of Law of the Republic of Kazakhstan dated 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication).

Article 110. Provision and use of corporate housing

      1. The procedure for provision and use of corporate housing intended for settlement Kazakh citizens for the period of their fulfilment of obligations linked to the nature of their labour relations, shall be determined by the Government of the Republic of Kazakhstan.
      The rules of Articles 90, 93 and 95 of this Law shall not apply to use of corporate housing intended for settlement by Kazakh citizens for the period of their fulfilment of obligations linked to the nature of their labour relations.
      2. The procedure for provision and use of corporate housing intended for settlement of Kazakh citizens participating in active measures to promote of employment in accordance with Kazakh legislation concerning employment of population shall be approved by the Government of the Republic of Kazakhstan.
      The operation of Articles 71-74, 90, 93 and 95 of this Law shall not apply to corporate housing provided for the purpose of settling Kazakh citizens participating in active measures to promote employment in accordance with Kazakh legislation concerning employment of the population.
      Footnote. Article 110 is in the wording of Law of the Republic of Kazakhstan dated 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication).

Article 111. Eviction from corporate housing units

      1. Workers who terminate labour relations through which they were provided with corporate housing shall be subject to eviction, together with all persons residing with them and without provision of other housing unit, with the exception of cases provided by paragraph 2 of Article 109 of this Law.
      2. Demands for eviction on the above grounds may be filed within three years of the date of termination of labour relations.
      Footnote. Article 111 as amended by Law of the Republic of Kazakhstan dated 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication).

Article 112. Procedure for provision of housing units in halls of residence in state housing stock

      Housing units in halls of residence state housing stock shall be provided for residence by persons working under a labour agreement for a work period, as well as students (cadets, post-graduates) and trainees for the period of study by decision of the administrative authority of an enterprise or institution.
      All persons settled together with a person provided with a housing unit in a hall of residence shall be listed in the decision. Settlement of other persons shall be prohibited.
      Footnote. Article 112 as amended by Laws of the Republic of Kazakhstan dated 7 June 1999 No. 391; dated 15 May 2007 No. 253.

Article 113. Procedure for use of housing units in halls of residence in state housing stock

      Footnote. Article 113 is excluded by Law of the Republic of Kazakhstan dated 27.06.2011 No. 444-IV (enforced upon expiry of ten calendar days after first official publication).

Article 114. Eviction from hall of residence in state housing stock

      1. Persons who work under a labour agreement and terminate these labour relations, and persons studying in educational organizations and withdrawing from them, shall be evicted from the hall of residence in state housing stock, together with their family members residing with them without provision of other housing unit that was provided in connection with the work or study.
      This provision shall not apply to persons given the right to reside in rooms in halls of residence in state housing stock on the basis of labour agreement or other decision of the local executive bodies and administration of an enterprise (institution) together with other persons actually residing from the moment of settlement before enforcement of this Law.
      2. Eviction from halls of residence without provision of other housing unit is also possible on grounds provided by Article 107 of this Law.
      Footnote. Article 114 as amended by Laws of the Republic of Kazakhstan dated 7 June 1999, No. 391; and 15 May 2007 No. 253.

SECTION 5

Chapter 16. Contractual obligations to provide dwelling place

Article 115. Definition and types of contractual obligations

      Footnote. Article 115 is excluded by Law of the Republic of Kazakhstan dated 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 116. Agreement on release of dwelling place subject to demolition subject to provision of other dwelling place

      1. In case of demolition due to compulsory alienation of a land plot for state requirements, an agreement for transfer to ownership (lease) of other dwelling places in newly built dwelling places on the existing or another land plot by former owners (lodgers) instead of the demolished dwelling places shall be concluded between a preforming demolition firm and the owners (tenants) of the dwelling places.
      In this case, a tenant builder must provide a suitable dwelling place that satisfies the requirements of paragraph 1 of Article 75 of this Law to an owner (tenant), and owners (tenants) of dwelling places subject to demolition must release the premises occupied by them under the terms of the agreement. The other conditions and terms for providing the suitable dwelling place, compensation totals available, sizes of dwelling place, number of storeys, number of rooms, composition of family, and other conditions concerning the parties’ interests, may be provided in the agreement with the parties’ consent.
      Dwelling places may be provided for ownership or use respectively.
      Citizens subject to eviction shall be settled (by their agreement) in temporary dwelling places that are in the same inhabited locality and satisfy technical and sanitary regulations before a suitable dwelling place is provided. Costs of temporary housing units shall be imposed on tenant builders.
      2. If a suitable dwelling place is not provided within the period specified by the agreement, a tenant builder must acquire the other dwelling place that satisfies the requirements for owners (tenants) evicted from dwelling places at their expense, as provided by conditions of the agreement, and compensate for damages, caused due to violation of contractual obligations.
      Footnote. Article 116 as amended by Laws of the Republic of Kazakhstan dated 10.07.2001 No. 227; and 01.03.2011 No. 414-IV (enforced from the date of first official publication).

SECTION 6

Chapter 17. Transitional provisions

Article 117. Preservation of priority of citizens registered as needing dwelling place

      1. Citizens, registered as needing a dwelling place shall reserve the right to receive the dwelling place from the state housing stock before enforcement of this Law in the previous procedure.
      2. In case of transfer of state-enterprise housing stock to state public housing stock together with other housing stock, the lists of citizens registered as needing a dwelling place according to work place shall be transferred to the relevant local executive body.
      Persons, registered as needing a dwelling place according to work place at the time of transfer of the housing stock shall be included in the lists made according to place of residence starting from the date of their acceptance for registration at the work place. If the persons mentioned are registered at the place of residence, they shall be included on the lists from the date of their acceptance for registration at the work place or place of residence, at the applicant’s choice.
      Local executive bodies shall publicise changes in the lists of persons needing a dwelling place, with specification and confirmation of reasons for amendments made, as established by Article 78 of this Law.

Article 118. Initial and unscheduled provision of dwelling place from state housing stock

      1. Initially, dwelling places from state housing stock shall be provided equally to those needing of a dwelling place from among those registered before enforcement of this Law:
      1) disabled persons and participants of the Great Patriotic War and persons equated with them in the established manner;
      2) Heroes of the Soviet Union, Heroes of Socialist Labour, mothers awarded the “Altyn Alka” and previously awarded by the “mother-heroine” rank, and persons awarded the order of Glory, Labour Glory, and “for service to the motherland in the USSR Armed Forces”, of all three classes;
      3) persons enlisted in the active army during the civil war, the Great Patriotic Wars and other military operations to protect the USSR and the Republic of Kazakhstan, guerrillas of civil and Great Patriotic wars, internationalist fighters, and other persons previously involved in military operations to protection the USSR and the Republic of Kazakhstan;
      4) disabled persons of groups I and II (with the exception of persons disabled as a result of committing crime);
      5) families of persons who died in fulfilment of state or public duties, saving human life or protecting law and order, or who died in the workplace following an accident, or fighters (partisans) lost in action;
      6) persons suffering from severe forms of certain chronic diseases, in the list of diseases approved as established by legislation;
      7) citizens whose health is compromised due to ecological disasters, the Chernobyl catastrophe, explosions (nuclear tests) on the Semipalatinsk test site, and emergency situations on other civil and military nuclear sites according to conclusion of territorial subdivision of central executive body for social protection of population;
      8) citizens for whom the fact of illegal conviction or non-judicial repression on political grounds is established by judicial proceedings (recognized as victims of political repression or as having suffered from political repression in judicial proceedings);
      9) families of newly wedded couple who first married 30 years before and delivered a child in the first three years after marriage;
      10) persons raising disabled children;
      11) families with many children;
      12) group III disabled persons, retirement pensioners, single mothers (unmarried women raising children) and families with births of twins, if these categories of citizens receive incomes below the subsistence minimum determined as established by Kazakh legislation;
      13) demobilized military servants active for over twenty years and dismissed from military service due to age, health condition or reduction of staff numbers, upon return to place of residence in Kazakh territory before military service;
      14) teaching employees of state education enterprises;
      15) medical and pharmaceutical workers directly providing medical and drug-related assistance to the population in state health care institutions;
      16) judges and employees of law enforcement bodies.
      Citizens given a dwelling place from state housing stock as a matter of priority may be newly included in lists for receiving another dwelling place as a matter of priority only by decision of local executive bodies.
      2. Dwelling places from state housing stock shall be provided to those needing a dwelling place out of turn from among the following registered persons before enforcement of this Law:
      1) citizens whose dwelling place became uninhabitable following natural disasters in Kazakh territory;
      2) persons returned from state child welfare institutions, relatives, trustees or guardians following impossibility of returning to previously occupied dwelling place following demolition or redevelopment into non-housing unit;
      3) rehabilitated persons who forfeited dwelling places due to illegal conviction, following impossibility of returning to previous dwelling place, if application for provision of dwelling place is filed within one year of rehabilitation;
      4) orphans under the age of twenty years who lost their parents before coming of age. After call to military service, the age of such persons shall be extended for the period of their military service;
      5) persons to be provided with dwelling place by virtue of state obligations arising from labour agreements, or illegally deprived of opportunity to use the previous dwelling place;
      6) persons elected to state elective posts, if connected with movement to another location, provided they do not reserve their previous dwelling place.
      3. Persons given state rewards of the Republic of Kazakhstan shall have the right to receive a dwelling place as established by Kazakh legislation concerning state rewards.
      Footnote. Article 118 as amended by Laws of the Republic of Kazakhstan dated 21 March 2002 No. 308 (enforced from 1 January 2002); 15 May 2007 No. 253; and 06.01.2011 No. 379-IV (enforced upon expiry of ten calendar days after first official publication).

Article 119. Provision of dwelling place from state housing stock by virtue of agreement

      1. Agreements concluded in accordance with housing legislation in force before enforcement of this Law shall also be subject to fulfilment in cases when conclusion of such agreements is not provided by this Law.
      2. In cases of transfer of the housing stock of a state enterprise that has concluded an agreement for provision of housing units to state public housing stock, the obligation to provide a dwelling place conditioned by the agreement shall be imposed on local executive bodies, assuming control of this fund.
      3. When state housing stock and unfinished construction of residential houses is transferred to another tenant builder, he/she shall be obliged to provide the dwelling place specified in the agreement of the former builder.

Article 119-1. Special aspects of transfer of dwelling place into ownership following demolition of residential house due to compulsory alienation of land plots for state requirements in the capital of the Republic of Kazakhstan

      Footnote. Title as amended by Law of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (enforced from date of first official publication).

      In the capital of the Republic of Kazakhstan, following compulsory alienation of land plots for the state requirements, and by choice of the owner of a dwelling place, located on an alienated land plot, compensation shall be paid totalling the market price of dwelling place, or the suitable dwelling place (flat or residential house) shall be transferred to ownership, with usable space that shall not exceed the usable space of compulsorily alienated dwelling place (flat or residential house), if citizens are not legally guaranteed under other preferential regulations.
      Other dwelling places in newly built residential houses on the same or another land plot owned by former owners (tenants) in place of housing units demolished under contractual obligations shall be carried out only with the agreement of a builder.
      Footnote. The Law is supplemented by Article 119-1 in accordance with Law of the Republic of Kazakhstan dated 10.07.2001 No. 227; as amended by Laws of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (enforced from date of first official publication); and 22.07.2011 No. 479-IV (enforced upon expiry of ten calendar days after first official publication).

Article 119-2. Special aspects of transfer of right of demand on residential mortgage loan

      The force of Article 98-1 of this Law shall apply only to legal relations arising through implementation of the Decree of the President of the Republic of Kazakhstan dated 6 September 1993 No. 1344 “Concerning the new housing policy”.
      Footnote. Supplemented by Article 119-2 of Law of the Republic of Kazakhstan dated 9 July 2004 No. 587.

Article 120. Special aspects of eviction from corporate housing units

      The following persons may not be evicted from corporate housing provided before enforcement of this Law without provision of other suitable dwelling place for residence:
      1) disabled persons in groups I and II (with the exception of persons disabled as a result of committing crime);
      2) participants in the Great Patriotic War, and persons equated to them;
      3) families of persons who died in the fulfilment of state or public duties or military service duties, saving human life, protecting law and order, or following an accident in the workplace, or fighters missing in action;
      4) citizens whose health has been compromised by the Chernobyl catastrophe, explosions (nuclear tests) on the Semipalatinsk test site, and emergency situations on other civil and military nuclear sites, by conclusion of a territorial subdivision of a central executive body in the field of social protection of the population;
      5) persons working in an enterprise or institution that provided corporate housing for no less than ten years;
      6) persons relieved from the post, in connection with which they were provided with corporate housing, but who did not terminate labour relations with this enterprise or institution;
      7) persons dismissed due to age or health condition and in connection with reduction in personnel or liquidation of the enterprise or institution;
      8) family members of a dead worker provided with corporate housing;
      9) families with many children.
      Footnote. Article 120 as amended by Law of the Republic of Kazakhstan dated 21 March 2002 No. 308 (enforced from 1 January 2002).

Article 121. Use of dwelling places belonging to legal entities based on non-state form of ownership

      Lease (sublease) agreements for dwelling places belonging to a legal entity based on non-state ownership, concluded before enforcement of this Law, shall remain in force for the validity period of the said agreement.

      The President
      of the Republic of Kazakhstan