Unofficial translation
In accordance with subparagraph 10-27) of Article 10-2 of the Law of the Republic of Kazakhstan "On housing relations," I HEREBY ORDER:
Footnote. Preamble – in the wording of the order of the acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 10.08.2023 № 571 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).1. to approve the attached Rules for the use of lump-sum pension payments to improve housing conditions in accordance with the legislation of the Republic of Kazakhstan.
2. Committee for construction and housing and communal services of the Ministry of Industry and Infrastructural Development of the Republic of Kazakhstan in accordance with the procedure, established by the legislation shall ensure:
1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on the Internet resource of the Ministry of Industry and Infrastructural Development of the Republic of Kazakhstan.
3. Control over execution of this order shall be entrusted to the supervising Vice-Minister of Industry and Infrastructural Development of the Republic of Kazakhstan.
4. This order shall be enforced from the date of its first official publication and shall apply to relations arisen from January 1, 2021.
| Minister of Industry and | |
| Infrastructural Development | |
| of the Republic of Kazakhstan | B. Atamkulov |
“APPROVED”
Ministry of Labor and
Social Protection of Population
of the Republic of Kazakhstan
“APPROVED”
Agency of the Republic of Kazakhstan
for Regulation and Development
of Financial Market
| Approved by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated January 21, 2021 № 24 |
Rules for the use of lump-sum pension payments to improve housing conditions in accordance with the legislation of the Republic of Kazakhstan
Chapter 1. General provisions
1. These Rules for the use of lump-sum pension payments to improve housing conditions in accordance with the legislation of the Republic of Kazakhstan (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 10-27) of Article 10-2 of the Law of the Republic of Kazakhstan "On housing relations," the Social Code of the Republic of Kazakhstan (hereinafter referred to as the Code), and shall determine the procedure for using lump-sum pension payments to improve housing conditions in accordance with the legislation of the Republic of Kazakhstan.
Footnote. Paragraph 1 – in the wording of the order of the acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 10.08.2023 № 571 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).2. The following definitions shall be used in these Rules:
1) recipient - an individual using his lump sum pension payments and (or) lump sum pension payments of a spouse and (or) close relatives to improve housing conditions in the manner prescribed by these Rules;
2) lump sum pension payment - the amount of pension savings formed from mandatory pension contributions withdrawn by the depositor of mandatory pension contributions (recipient of pension payments) from a unified funded pension fund in order to improve housing conditions and (or) pay for treatment in the manner prescribed in accordance with subparagraph 33) of paragraph 1 of Article 1 of the Code;
3) special accounts for lump sum pension payments (hereinafter referred to as special account) - a current bank account opened by the recipient of lump sum pension payments from an authorized operator determined by the Government of the Republic of Kazakhstan to credit lump sum pension payments from the UAPF in order to improve housing conditions and (or) pay for treatment;
4) close relatives - parents (parent), children, adoptive parents (adoptive parents), adopted (adopted), full and half-siblings, grandfather, grandmother, grandchildren;
5) applicant - a person entitled to receive lump sum pension payments from the UAPF in accordance with the Code;
6) authorized operator - a legal entity (legal entities) determined by (determined) by the Government of the Republic of Kazakhstan, which shall open and maintain special accounts for one-time pension payments from the UAPF in order to improve housing conditions and (or) payment of treatment to which the UAPF shall transfer lump sum pension payments from pension savings formed from mandatory pension contributions in accordance with subparagraph 136) of Article 1 of the Code;
7) registration body - State Corporation "Government for citizens," which shall carry out state registration at the location of real estate;
8) electronic digital signature (hereinafter referred to as the EDS) - a set of electronic digital characters created by means of an electronic digital signature and confirming the authenticity of an electronic document, its ownership and immutability of content.
Footnote. Paragraph 2 as amended by orders of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 10.12.2021 № 642 (comes into force after the day of its first official publication); № 571 dated 10.08.2023 (shall enter into force upon expiry of ten calendar days after its first official publication).Chapter 2. Procedure for the use of lump-sum pension payments to improve housing conditions
3. In order to use of lump-sum pension payments to improve housing conditions, an applicant shall independently receive from UPSF information about available amount of a lump-sum pension payment, including via the Internet resource of UPSF.
4. The applicant, by means of EDS or other electronic means established by the internal document of the authorized operator, shall log in to the Internet resource of the authorized operator and opens his personal account, in which he / she submits an application for opening a special account.
The applicant may also open a special account in another way, established by the internal document of the authorized operator.
After opening a special account, the applicant shall fill out electronic applications for a lump sum pension payment to improve housing conditions, indicating the number of the special account, the purpose of use, the available amount, methods of withholding and transferring individual income tax, defined by Article 351-1 of the Code of the Republic of Kazakhstan dated December 25, 2017 "On taxes and other mandatory payments to the budget (Tax Code)," certified by the applicant's EDS.
Footnote. Paragraph 4 as amended by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 10.12.2021 № 642 (shall enter into force after the day of its first official publication).5. The use of lump sum pension payments to improve housing conditions in the territory of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan shall be allowed for the purpose of:
1) final settlement (without registration of a mortgage home loan) for civil transactions related to the acquisition of ownership under contracts of sale, exchange (exchange) of dwelling or land plot (intended purpose - individual housing construction or personal subsidiary farm), equity participation in housing construction in the presence of a guarantee in accordance with the legislation on equity participation in housing construction or when concluding an act on the transfer of a share in an apartment building in accordance with the legislation on equity participation in housing construction;
2) making a down payment for obtaining a housing mortgage loan for the purchase of a dwelling and (or) a dwelling with repairs within the framework of one bank loan agreement, partial or full repayment of debt on a housing mortgage loan for the purchase of a dwelling and (or) a dwelling with repairs within the framework of one bank loan agreement, refinancing a housing mortgage loan;
3) replenishment of the contribution to housing construction savings (including for further accumulation) in order to obtain (refinance) a mortgage housing loan for the purchase of housing (including for repairs within the framework of one bank loan agreement) or the construction of an individual residential building (including the acquisition of a land plot for the intended purpose - individual housing construction or personal subsidiary farming).
At the same time, the accrual or return of the state remuneration rate and premium shall be carried out in accordance with the legislation on housing construction savings;
4) partial or full repayment of the debt on a mortgage housing loan for the purchase of a home (including for repairs under one bank loan agreement) or the construction of an individual residential building (including the acquisition of a land plot for the intended purpose - individual housing construction or personal subsidiary plots) received under the housing construction savings system;
5) acquisition of housing as part of financing by an Islamic bank, partial, full repayment of debt as part of financing by an Islamic bank of a transaction for the acquisition of housing;
6) payment under long-term housing lease agreements with the right to buy out, provided within the framework of housing construction programs or anti-crisis programs, privatization, purchase and sale with installments;
7) construction of an individual residential building (if there is a land plot with a designated purpose - individual housing construction or personal subsidiary farm).
Footnote. Paragraph 5 – in the wording of the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 10.12.2021 № 642 (shall enter into force after the day of its first official publication).6. Lump sum pension payments shall be used an unlimited number of times if they meet the requirements established by paragraph 3 of Article 220 of the Code, within the goals defined by paragraph 5 of these Rules.
Footnote. Paragraph 6 - in the wording of the order of the acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 10.08.2023 № 571 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).7. In accordance with the requirements established by paragraph 3 of Article 220 of the Code, it shall be allowed for the recipient to use lump-sum pension payments belonging to the applicant (s) in the person of the spouse (s) and (or) close relatives for the purposes specified in paragraph 5 of these Rules.
Using by the recipient the lump sum pension payments assigned by the applicant (s) represented by the spouse (s) and (or) close relatives, the parties shall enter into an agreement in their personal account on the assignment of lump sum pension payments, which is certified by their EDS or other electronic method established by the internal a document of an authorized operator with the attachment of documents confirming marriage (matrimony) or family relationship.
Footnote. Paragraph 7 as amended by the order of the acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 10.08.2023 № 571 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).8. The presence of a dwelling in the property of the recipient shall not be a basis for refusing to receive and use of the lump-sum pension payments.
9. Use of the lump-sum pension payments to improve housing conditions shall be carried out in a non-cash way.
If the amount of lump-sum pension payments is insufficient for the purposes provided for by these Rules, it shall be allowed to use own funds.
10. It shall not be allowed to use lump sum pension payments for the acquisition of real estate by the recipient from the spouse (s) and their close relatives, as well as close relatives of the spouse (s) of the recipient (applicant).
At the same time, the use of lump sum pension payments for the obligations of a mortgage home loan shall be allowed when the acquired (acquired) residential property is the property of the applicant, his spouse (s) or close relatives.
In case of termination of the agreement on housing construction savings, assignment of rights under the agreement on housing construction savings, death or complete disability of the depositor under the agreement on housing construction savings, termination of the agreement on equity participation in housing construction, assignment of rights under the agreement on equity participation in housing construction, except for the presence of decisions of courts that have entered into legal force, the amount of the lump sum pension payment shall be returned to the UAPF account within three (3) working days.
It shall not be allowed to pledge the rights of the depositor under the agreement on housing construction savings, the replenishment of which has been made using a lump sum pension payment to a third party.
In case of erroneous transfer to the UAPF from the applicant's special account of the lump sum pension payment, the authorized operator, no later than 3 (three) working days from the date of receipt of consent to write off erroneously returned funds from his individual pension account, sends an electronic notification to the UAPF with the attachment of this consent of the applicant to write off erroneously returned funds from his individual pension account.
Within five (5) working days from the date of receipt of the notification, the UAPF shall transfer to the authorized operator the amount specified in the notification on the return of lump sum pension payments, but not more than the funds of the applicant (recipient) available on the individual pension account for subsequent crediting to the special account of the applicant (recipient) opened with the authorized operator.
In order to control the fulfillment of the requirements of this paragraph, the recipient (applicant) signs in his personal account on the date of submission an electronic application for the fulfillment of these requirements and the provision of documents confirming the registration of ownership of the dwelling (apartment) for the recipient or spouse, certified by the EDS or other electronic method established by the internal document of the authorized operator.
Footnote. Paragraph 10 – in the wording of the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 10.12.2021 № 642 (shall enter into force after the day of its first official publication).11. Sale of immovable property registered in ownership using lump-sum pension payments shall not be allowed for 5 (five) years, except for cases of:
1) sale of pledged immovable property by the pledgee in accordance with the Law of the Republic of Kazakhstan “On Mortgage of Immovable Property” of the Republic of Kazakhstan;
2) sale of immovable property by decision of the court in accordance with the procedure, provided for by the legislation of the Republic of Kazakhstan.
In the case specified in subclause1) of this clause, the amount of the lump-sum pension payment shall be subject to return by the pledgee to the recipient's special account opened with an authorized operator within 5 (five) working days.
The authorized operator shall transfer the amount of the lump sum pension payment to UPSF within the time limits established by the relevant agreement on the interaction between the authorized operator and UPSF.
The norm specified in this clause for the alienation of real estate registered in ownership using lump-sum pension payments shall apply only to mortgage housing loans with a remaining maturity of more than 5 years and for which there is an outstanding debt.
In order to control the implementation of this clause, the recipient in his / her personal account on the date of transfer of the lump sum pension payment shall sign an obligation of restriction of the sale of real estate on which the lump sum pension payment was used, which he / she certifies the EDS or in another electronic way established by the internal document of the authorized operator.
12. The authorized operator shall approve by internal documents the procedure and terms for consideration of applicants' applications for the lump-sum pension payments, the list of necessary documents to confirm the intended purpose of lump-sum pension payments to improve housing conditions, methods of their provision and places this information on its own Internet resource.
13. The authorized operator represented by the Joint Stock Company "Housing Construction Savings Bank" Otbasy Bank "(hereinafter referred to as the Otbasy Bank) shall accept applications from applicants for the lump-sum pension payments for the purposes specified in clause 5 of these Rules and considers them in the manner and manner and within the time limits established by internal documents of Otbasy Bank.
Otbasy Bank, within 2 (two) working days after considering the applicant's application for a lump-sum pension payment, shall send information about registered applications to UPSF as part of an electronic notification in the manner prescribed by the relevant agreement concluded with UPSF.
UPSF, within 5 (five) working days from the date of receipt of the electronic notification from Otbasy Bank shall transfer the amount of the lump-sum pension payment to Otbasy Bank, which credits it to the applicant's special account.
Upon receipt of funds into a special account, the recipient shall submit to Otbasy Bank documents confirming the purpose of lump sum pension payments for the purposes specified in paragraph 5 of these Rules within 20 (twenty) working days from the date of their receipt, with the exception of replenishing the contribution to housing construction savings for further accumulation for the purpose of acquiring a home or building an individual residential building (including the acquisition of a land plot with a designated purpose - individual housing construction. In this case, the recipient provides the Bank with documents confirming the purpose of lump sum pension payments within 3 years from the date of their receipt.
In case of failure to provide supporting documents within the prescribed period, these funds shall be subject to return to UPSF.
In case of assignment, the lump-sum pension payments shall be transferred from the applicant’s special account to the recipient’s special account within 3 (three) working days from the date of submission of supporting documents.
Otbasy Bank verifies the documents provided by the recipient for the intended purpose of lump-sum pension payments within 10 (ten) working days from the date of their submission and transfers the lump-sum pension payments to their intended purpose.
Footnote. Paragraph 13 as amended by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 10.12.2021 № 642 (shall enter into force after the day of its first official publication).14. Authorized operators represented by second-tier banks (hereinafter referred to as the Bank) accept the applicant's applications for a lump-sum pension payment and the recipient's documents for the purposes specified in subclause 2) of clause 5 of these Rules, and consider them in the manner and within the time limits established by the internal documents of the Bank.
The Bank, within 2 (two) working days after consideration and approval of the application, shall send information about the registered applications for the lump-sum pension payments to UPSF as part of an electronic notification in the manner prescribed by the relevant agreement concluded with UPSF.
Within 5 (five) working days from the date of receipt of the electronic notification from the bank, UPSF transfers the amount of the lump-sum pension payment to the bank, which credits it to the applicant's special account with further use for the intended purpose specified in the application for the lump-sum pension payment.
In case of assignment, the lump-sum pension payments shall be transferred from the special account of the applicant to the special account of the beneficiary within 3 (three) working days from the date of submission of supporting documents.
The Bank shall transfer lump sum pension payments for their intended purpose within 10 (ten) working days from the date of crediting the amounts of lump sum pension payments to the special accounts of the applicant (recipient).
Footnote. Paragraph 14 as amended by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 10.12.2021 № 642 (shall enter into force after the day of its first official publication).15. Authorized operators shall provide to the UAPF on a monthly basis information on accepted and approved applications for lump sum pension payments, as well as information on the targeted use of lump sum pension payments in the manner established by the relevant agreement between the UAPF and the authorized operator.
On a monthly basis, the UAPF shall provide a summary of accepted and approved applications for lump-sum pension payments and the targeted use of lump-sum pension payments to the central executive body exercising leadership, as well as, within the limits provided for by the legislation of the Republic of Kazakhstan, intersectoral coordination in the field of social protection of the population.
Footnote. Paragraph 15 – in the wording of the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 10.12.2021 № 642 (shall enter into force after the day of its first official publication).