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Kazakhstan
PROPERTY LAW
Types of ownership
Freehold
Ownership
• According to the Civil Code of the Republic of Kazakhstan
dated 27 December 1994 (the “Civil Code”), ownership is
recognized as a right of a subject to possess, use and dispose
of property belonging to him at its own discretion and this
right is protected under the legislative acts.
Co-ownership
• Co-ownership is generally recognized by local laws and the
as a general rule the object may be owned by several owners.
Real estate property may also be owned by two or more
owners. The share of owners in the property is generally
defined by legal acts, or agreement of the parties. Otherwise
the shares are considered equal. The legal destiny of the
object of co-ownership is decided by agreement of all owners.
However, each owner as a general rule may sell its share to
third parties. However, other owners have the priority right to
purchase such a share on the terms offered to third parties.
Leasehold
Construction lease (bail à construction)
• The real estate property may be leased on the terms agreed
by the parties. In case the lease term is one year or more
such lease is subject to state registration with the Ministry
of Justice. As a general rule the transfer of the immovable
property should be documented with the transfer and
acceptance act.
Long-term lease (bail emphytéotique or emphytéose)
• Local legislation do not distinguish construction leases by the
term of the lease. There are no limits to such terms.
Rights affecting ownership
Easement (servitude)
• Is the right of limited target-oriented use of someone else’s
land, including the passage, laying and operation of the
necessary communications, hunting, fisheries and other
needs.
• Easement may occur:
1. directly from the normative legal act;
2. based on the agreement of the person concerned with the
land owner or land-user;
3. based on an act of the local executive body;
4. pursuant to a court decision;
5. in other cases stipulated by the legislation of the Republic
of Kazakhstan.
• The emergence, change and termination of easements are the
subject to state registration at the legal cadastre, providing
the rights to the rights holder to use someone else’s land in a
limited targeted order, unless otherwise provided under the
Land code and the legislation of the Republic of Kazakhstan
on state registration of rights to immovable property.
Mortgage (hypothèque)
• The mortgage is recognized as one of the method of security
of obligations. Under the mortgage a mortgagee is entitled in
the event of default by the debtor of the secured obligation to
obtain satisfaction from the value of the mortgaged property
prior to other creditors of the person who owns the property
(mortgagor).
• Mortgage may arise under an agreement executed between
the parties.
• The mortgage of the immovable property is subject to the
state registration with the Ministry of Justice.
Lender’s pledge (privilège de prêteur de deniers/PPD)
• Pledges are also recognized by local laws. In term of pledge
agreement the subject of the pledge is transferred to the
possession of the pledgee. The pledge of the immovable
property is subject to the state registration with the Ministry
of Justice.
Pre-emption right
• We understand that the right of third parties to by the real
state property in case of its selling by the owner is meant by
pre-emption right. As a general rule no third parties have the
pre-emptionrights to the immovable property being sold.
60 Investors Guide to Europe 2015