Real Estate and Civil Construction
The fundamental laws governing matters related to real estate are the Constitution of Kazakhstan, the Civil Code of the Republic of Kazakhstan, and the Land Code of the Republic of Kazakhstan, t Law of the Republic of Kazakhstan “On Architectural, Urban Planning and Construction Activities”, the Law “On State Registration of Rights to Real Estate”.
The Kazakhstan Civil Code provides that the right of ownership and other rights for real property, their appearance, transfer, limitations and termination thereof are subject to state registration. An owner of real property at his own discretion may possess, use, and dispose of that property, as well as the rights to the objects of ownership in his possession. To register rights or encumbrances on real estate, you must contact the NAO State Corporation “Government for Citizens” or click link www.elicense.kz.
Under laws of Kazakhstan, land is considered national property. Only in very limited cases may individuals and legal entities have ownership rights over land. In other cases, individuals and legal entities use land based on permanent and temporary use rights as well as lease.
In the Republic of Kazakhstan, use of land plots is on pay basis. Legal entities and individuals having in possession, use and in the ownership land plots shall make payment for the land. Payment for the land is deducted in the form of annual land tax.
Activities in the field of architecture, construction and design in Kazakhstan are subject to licensing. The Law of the Republic of Kazakhstan “On Permits and Notifications” establishes the types of activities subject to licensing in the field of construction and installation, design and survey works. Moreover, licenses are inalienable and are not transferable to third parties.
The Law of the Republic of Kazakhstan “On Architectural, Urban Planning and Construction Activities” of July 16, 2001 and the Law on Permits distinguish three main categories of licenses, the division into categories is divided by the level of responsibility of the constructed objects.
- I category (high level of complexity) – unique buildings, hazardous production facilities;
- Category II (normal level of complexity) – a general contract is possible, includes any construction work that is not reflected in category I, works, which is possible in seismic conditions;
- Category III (reduced complexity) – it is impossible to build capital buildings and structures; it is possible to erect temporary buildings and structures, buildings and structures for seasonal and auxiliary purposes.
The list of construction activities for the licensing:
- survey activity;
- project activities;
- construction-assembly works.
Our services in the sphere of Real Estate and Civil Construction
- registration of the cadastre objects with the relevant state ledgers and obtaining of information regarding such records in all aspects, including registration of transactions, confirmation on titles and any encumbrances in respect to real estate objects (land and premises);
- representation corporate clients in front of counterparties in course of drafting of the contracts to be executed in respect to real estate objects;
- advising on Kazakhstan laws in the areas of required authorizations, consents, permitting framework, regulation, investment, investment protection and other key aspects to Civil Construction;
- drafting and legal assessment of main construction agreement (FEED and EPC contracts);
- assistance with drafting of the core documents to be prepared in frame of to Civil Construction;
- assisting in the preparation, collection, review and confirmation of the conditions precedent (CP) and conditions subsequent (CS) in respect to FEED and EPC contracts;
- providing legal opinions to the client as are customarily required for Civil Construction;
- providing any other support and advice to the client on the legal aspects of the transaction to ensure the successful completion of the construction.