Unofficial translation
In accordance with subparagraph 11) of article 5 of the Law of the Republic of Kazakhstan dated April 7, 2016 "On equity participation in housing construction" I hereby ORDER:
1. To approve the attached Rules for issue of permits to attract money from equity construction investors.
2. In the manner prescribed by law, the Committee for Construction, Housing and Communal Services of the Ministry of National Economy of the Republic of Kazakhstan shall:
1) provide the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) direct a copy of this order in print and electronic form for official publication in periodicals and the legal information system Adilet within ten calendar days after its state registration with the Ministry of Justice of the Republic of Kazakhstan, and also the Republican Center of Legal Information within ten calendar days from the date of receipt of the registered order for inclusion in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) place this order on the Internet resource of the Ministry of National Economy of the Republic of Kazakhstan.
4) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, report to the Legal Department of the Ministry of National Economy of the Republic of Kazakhstan on execution of the actions provided for in subparagraphs 1), 2) and 3) of this paragraph.
3. Control over the execution of this order shall be assigned to the supervising Vice Minister of National Economy of the Republic of Kazakhstan.
4. This order shall be enforced from October 10, 2016 and is subject to official publication.
| Minister | |
| of National Economy | |
| of the Republic of Kazakhstan | K. Bishimbayev |
| Approved by order No. 352 of the Minister of National Economy of the Republic of Kazakhstan dated July 29, 2016 |
Rules
for issue of permits to attract money from equity construction investors
Footnote. The Rules are as amended by the order of the Acting Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 02.04.2020 No. 178 (shall be enforced upon expiration of twenty-one calendar days after the day of its first official publication).
Chapter 1. General provisions
1. These Rules for issue of permits to attract money from equity construction investors (hereinafter referred to as the Rules) are developed in accordance with subparagraph 11) of Article 5 of the Law of the Republic of Kazakhstan dated April 7, 2016 "On equity construction investment in housing construction" (hereinafter referred to as the Law), in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 года "On state services", the Law of the Republic of Kazakhstan dated May 16, 2014 "On permissions and notifications" and establish the procedure for issue of permits to attract money from equity construction investors.
The following basic concepts are used in these Rules:
1) developer in the field of equity construction investment in housing construction (hereinafter - the developer) is a legal entity exercising activities in the organization of equity construction investment in the housing construction of multi-apartment residential buildings at the expense of own and (or) attracted money through participation in the authorized capital of an authorized company;
2) an authorized company - a legal entity, one hundred percent of the voting shares (shares in the authorized capital) of which is held by the developer, carrying out activities to ensure shared construction of a multi-apartment residential building and the sale of shares in a multi-apartment residential building, which is not entitled to engage in any other commercial activity, except for the activities in special economic zones;
3) equity construction investor – an individual (with the exception of temporarily staying foreign nationals) or a legal entity that concluded an agreement on equity construction investment in housing construction to obtain a share in a multi-apartment residential building.
2. State service "Issue of a permit to attract money from equity construction investors" (hereinafter referred to as the state service) is rendered by local executive bodies of regions, the cities of Nur-Sultan, Almaty and Shymkent, districts, the cities of regional significance (hereinafter referred to as the service provider).
Chapter 2.
Procedure for issue of permits to attract money from equity investors
3. To obtain permits to attract money from equity construction investors legal entities – the developers and the authorized company (hereinafter referred to as the service recipient), in order to receive the state service shall direct the following documents to the service provider through the web-portal of "e-government": www.egov.kz, www.elicense.kz (hereinafter - the portal) or Non-Profit Joint Stock Company "State Corporation "Government for citizens" (hereinafter referred to as the State Corporation):
when organizing equity construction investment in housing construction using a method of participation in a project of a second-tier bank:
1) an application for issuing a permit to attract money from equity construction investors in accordance with the form of Appendix 1 to these Rules;
2) a facility commissioning certificate which confirms the experience of facility construction of multi-apartment residential buildings, including as a customer, a contractor (general contractor) in aggregate, at least for three years, with the total area of at least eighteen thousand square meters for construction in cities of republican significance, the capital and at least nine thousand square meters for construction in other administrative-territorial units;
3) an act for a land plot owned on the right of temporary paid land use (lease), provided by the state or on the basis of ownership (in the absence of information in the information system "State database" Register of real estate");
4) design estimate documentation of the project of construction of a multi-apartment residential building with a positive conclusion of a comprehensive non-departmental expertise.
when organizing equity construction investment in housing construction by attracting money from equity construction investors after erecting the frame of a multi-apartment residential building:
1) an application for issuing a permit to attract money from equity construction investors in accordance with the form of Appendix 1 to these Rules;
2) a facility commissioning certificate, which confirms the experience of the implemented objects, including as a customer, a contractor (general contractor) in aggregate, over the past five years, construction and commissioning in the territory of the Republic of Kazakhstan of multi-apartment residential buildings with a total area of at least sixty thousand square meters for construction in cities of republican significance, the capital and at least thirty thousand square meters for construction in other administrative-territorial units. This takes into account the total experience of the developer's subsidiaries;
3) an act for a land plot owned on the right of temporary paid land use (lease), provided by the state or on the basis of ownership (in the absence of information in the information system "State database" Register of real estate");
4) design estimate documentation of the project of construction of a multi-apartment residential building with a positive conclusion of a comprehensive non-departmental expertise;
5) a report of an engineering company on availability of completed construction of the frame of a multi-apartment residential building;
6) an agreement with an engineering company.
Footnote. Paragraph 3 as amended by the order of the Acting Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 16.10.2020 No. 541 (shall be enforced upon expiration of ten calendar days after the date of its first official publication).4. The list of basic requirements for the provision of state services, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of state services, are set out in the standard of state services in accordance with Appendix 2 to these Rules.
5. In case of submitting documents through:
1) the Portal:
An application for issuing a permit for attracting money from equity construction investors in the form according to Appendix 1 to these Rules of the state service in the form of an electronic document, certified with the EDS of the service recipient;
An electronic copy of the documents indicated in paragraph 3 of these Rules.
The status of acceptance of an application for the provision of a public service is sent to the "personal account" to the service recipient, indicating the date and time of receipt of the result of the state service.
The service provider carries out registration of documents and information, on the day of their receipt.
If the service recipient applies after the end of working hours, on weeekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the application is accepted and the result of the provision of the state service shall be issued on the next working days.
2) the State Corporation:
An application for issuing a permit for attracting money from equity construction investors in the form according to Appendix 1 to this Rule of the state service;
The service recipient shall submit copies of the documents in paragraph 3 of these Rules. After verification, the original documents shall be returned to the service recipient.
An employee of the State Corporation, upon receipt of a complete document, issues a receipt for the acceptance of the relevant documents indicating the number and date of receipt of documents and the date of receipt of the result of the state service.
When applying to the State Corporation, the day of admission is not included in the period for the provision of the state service, the service provider ensures the delivery of the result of the state service to the State Corporation, no later than one day before the expiration of the term for the provision of the state service.
The service provider and the employee of the state corporation shall receive the information of the documents, on state registration (re-registration) of a legal entity, on the permit to attract money from equity construction investors from the relevant state information systems through the gateway of "e-government".
Claiming from service recipients of documents that can be obtained from information systems is not allowed.
The servicer recipient gives a written consent to use information considered as a secret protected by law, contained in the information systems when providing state services, unless as otherwise is provided by the laws of the Republic of Kazakhstan.
In the event that the service recipient provides an incomplete package of documents according to the list provided for in paragraph 3 of these Rules, the employee of the State Corporation shall issue a receipt of refusal to accept documents in the form according to Appendix 3 to these Rules.
6. The period of provision of a state service shall be 8 (eight) working days.
7. The service provider, within two working days from the date of registration of the application and the submitted documents, checks their completeness, if the service recipient submits an incomplete package of documents, prepares a reasoned refusal to further consider the application and sends it to the service recipient through the portal to the "personal account".
The service provider, based on the results of consideration of the application with the documents, draws up, signs and sends to the service recipient through the portal to the "personal account" the result of the provision of the state service, the issuance of a permit to attract money from equity construction investors in accordance with Appendix 4 to these Rules, or a reasoned response about the refusal to provide the public service in cases and on the grounds provided in Appendix 2 of these Rules.
8. The service provider refuses to issue a permit in cases of non-compliance of the developer and (or) the authorized company with one or more of the requirements established in paragraphs 1 and 3 of article 9 and paragraphs 1 and 3 of article 10 of the Law.
9. Service recipients can re-apply for a permit to raise money from equity construction investors after eliminating the comments specified in a reasoned refusal, or appeal it in court.
10. The service provider ensures that data on the stage of the provision of the state service are entered into the information system for monitoring the provision of public services in accordance with the procedure, established by the authorized body in the field of informatization.
When providing a state service through the state information system of permits and notifications, the data on the stage of provision of the state service are automatically received by the information system of monitoring of provision of state services.
Chapter 3. The procedure for appealing decisions, actions (inaction) of the service provider and (or) its officials, on the provision of state services
11. The complaints shall be submitted in the name of the head of the service provider or the authorized body for architecture, urban planning and construction affairs (hereinafter referred to as the authorized body) or to the blog of the head of the authorized body (a page "Head of the Aughorized Body Blog").
Complaints are accepted in writing by mail or on purpose through the office of the service provider or an authorized body on working days.
Confirmation of the acceptance of the complaint in the office of the service provider, the authorized body, is its registration (the stamp, the incoming number and the date of registration are affixed on the second copy of the complaint or in the cover letter to the complaint).
When contacting through the portal, information on the appeal procedure can be obtained by phone of the Uniform Contact Center 1414.
When sending a complaint through the portal to the service recipient from the "personal account", information about the appeal is available, which is updated during the processing of the appeal by the service provider (marks on delivery, registration, execution, response on consideration or refusal to consider).
In a complaint, the following shall be indicated:
1) of an individual – his/her surname, name, patronymic (if any), postal address;
2) of a legal entity – its name, postal address, an outgoing number and a date.
The service recipient's complaint received by the service provider, the authorized body is subject to consideration within 5 (five) business days from the date of its registration. A reasoned response on the results of the consideration of the complaint is sent to the service recipient by mail or is issued on purpose at the office of the service provider or an authorized body.
In case of disagreement with the results of the provided state service, the service recipient can apply the complaint to the authorized body for the assessment and quality control of the provision of state services.
The service recipient's complaint received by the authorized body for the assessment and control over the quality of the provision of state services is subject to consideration within 15 (fifteen) working days from the date of its registration.
12. In case of disagreement with the results of the provided state service, the service recipient applies to the court in accordance with the procedure, established by the legislation of the Republic of Kazakhstan.
Application on issuing a permit to attract money from equity construction investors
Footnote. Appendix 1 as amended by the order of the Acting Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 16.10.2020 No. 541 (shall be enforced upon expiration of ten calendar days after the date of its first official publication).
__________________________________________________________________________
(surname, name, patronymic (if any), details of the identity document,
contact phone number, address of the individual applicant acting on behalf of the legal entity)
_______________________________________________________________________________
(link to a notarized or otherwise certified document confirming
the powers of the applicant to submit this application on behalf of the legal entity)
_______________________________________________________________________________
(the applicant's place of work and position occupied by him, place of residence, legal address)
we hereby ask to issue a permit to attract money from equity construction investors for construction
of a multi-apartment residential building with the area of___________, floor number_______, located at
_______________________________________________________________________________
(location, cadastral number of the land plot)
The commissioning period of the facility, according to the design and estimate documentation "___" ___ 20__.
Applicants and the first heads of legal entities submitting this application are fully responsible for the accuracy of the documents attached to the application, as well as the timely submission to the local executive body of the information requested in connection with the consideration of this application.
Appendix (indicate the list of documents to be sent, the number of copies and sheets for each of them):
______________________________________________________________________________
(signature of the Developer, date)
________________________________________
(signature of the Authorized company, date)
| Appendix 2 to the Rules for issue of permits to attract money from equity construction investors and provision of a state service "Issue of permits to attract money from equity construction investors" |
Standard of the state service "Issue of a permit to attract money from equity construction investors"
Footnote. Appendix 2 with amendments made by the order of the Acting Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 16.10.2020 No. 541 (shall be enforced upon expiration of ten calendar days after the date of its first official publication).
1. | Name of the service provider | Local executive bodies of regions, the cities of Nur-Sultan, Almaty and Shymkent, districts, cities of regional significance |
2. | Methods of provision of the state service |
1) State Corporation; |
3. |
Period of provision of the state service | 8 (eight) working days |
4. | Form of provision of the state service | electronic (partially automated) or on paper |
5. | Result of provision of the state service | Issue of a permit to attract money from equity construction investors of a reasoned response on refusal to provide the state service in cases and on the grounds, stipulated in line 10 of this Standard. |
6. | The amount of fees charged from the service recipient for the provision of the state services and methods of charging it in cases provided for by the legislation of the Republic of Kazakhstan | Free of charge |
7. | Service provider's work schedule |
1) State Corporation – from Monday through Saturday, from с 9.00 a.m. to 20.00 p.m. without a break for lunch, except for Sunday and holidays, according to the labor legislation of the Republic of Kazakhstan; |
8. | List of documents required for provision of the state service |
1. to the State Corporation: |
10 | Grounds for refusal to provide state services established by the legislation of the Republic of Kazakhstan |
1) establishing the inaccuracy of the documents submitted by the service recipient for obtaining state services, and (or) the data (information) contained therein; |
11 | Other requirements, taking into account the specifics of the provision of state services, including those provided in electronic form and through the State Corporation |
1. For service recipients who have a health disorder with persistent disorders of the body's functions, limiting its vital activity, if necessary, documents are accepted for the provision of a state service by an employee of the State Corporation with a visit to the place of residence by contacting the Uniform Contact Center 1414, 8 800 080 7777. |
___________________________________________________________________
____________________________________________________________________
(full name of the developer and the authorized company)
____________________________________________________
(address of the service recipient)
Receipt on refusal to accept documents
Being governed by paragraph 2 of article 20 of the Law of the Republic of Kazakhstan dated April 15, 2013
"On state services", department No. _____ of the branch of Non-Profit Joint Stock Company "State Corporation "Government for citizens" (address: ____________
_________________________) hereby refuses to accept documents for the provision of the stat service _________________________________________ due to provision by you an incomplete package of documents and (or) expired documents according to the list, provided by the standard of public services, namely:
Name of missing and (or) expired documents:
1)________________________________________________________________________;
2)________________________________________________________________________;
3)________________________________________________________________________.
This receipt is made in two copies, one copy for each of the parties.
__________________________________________________________________________
(Surname, name, patronymic (if any) (signature) (of the employee of the State Corporation)
Performer. (Surname, name, patronymic (if any) _____________ __________
Phone__________
Received: ____________________________________________ _____________________
(Surname, name, patronymic (if any) signature of the service recipient
"___" _________ 20__
(a letterhead of a local executive body with the image of the state emblem of the Republic of Kazakhstan) Permit No. ___ to attract money from equity construction investors
_____________________ "___" _____ 20__
(location)
This permit is issued to
________________________________________________________________________
________________________________________________________________________
(full name of the developer and the authorized company, BIN)
for attracting money from equity construction investors for the construction of a residential
house (residential building), with the total area, floor number, located at ___________________________________
________________________________________________________________________
(location, cadastral number of a land plot)
The term for commissioning the facility, according to the design and estimate documentation
"___" _______ 20__.
The permit to attract money from equity construction investors shall have legal force until the date of commissioning of the facility.
Akim (deputy Akim)
____________________________________________________
(Surname, name, patronymic (if any)) (signature)
Seal (if any)
