Ownership of an apartment in a new building: how to register and confirm it

The buyer receives the keys, signs the acceptance certificate and believes the apartment is already theirs. In reality, the property cannot be disposed of — sold, pledged or gifted — until the information on the right is entered in the Legal Cadastre. It is at this stage that it most often turns out that some documents are missing and the developer refers to approvals.

The article examines from what moment ownership of an apartment in a new building is considered to have arisen, which documents confirm it and how registration through the State Corporation "Government for Citizens" proceeds. The grounds for the emergence of the right, possible encumbrances, delay of documents by the developer and the judicial procedure for recognising the right are considered separately.

What ownership of an apartment in a new building means and when it arises

Ownership of an apartment in a new building is the legal securing of the property to the buyer. Before registration, the shared construction participant has a contractual claim against the developer under the contract, not a proprietary right to the premises. Until the property is recorded in the Legal Cadastre, it cannot be disposed of: sold, gifted or pledged. Full rights appear only after state registration.

The moment of handover of the keys and the moment the right arises are different legal facts. The keys give actual access but do not create title. Registration of ownership is an act of the state, with which the law links the emergence of a proprietary right. Therefore, the right arises from the date the record is entered in the Legal Cadastre.

• actual handover of the keys and signing of the acceptance certificate;
• commissioning of the building and registration of the premises as a real estate object;
• preparation and submission of documents for state registration;
• entry in the Legal Cadastre of the ownership right;
• obtaining the title document and the full scope of rights;
• the ability to dispose of the object: sale, gift, pledge.

Which documents confirm ownership of an apartment in a new building

The buyer of an apartment in a new building receives from the developer a share participation agreement in construction, an acceptance-transfer act, a technical passport and a certificate of full performance of obligations. These papers confirm that the transaction has been performed, but ownership is secured only by state registration.

Registration is carried out by the State Corporation "Government for Citizens". The application is submitted through a Public Service Centre: a specialist accepts the documents, checks them and sends them to the Legal Cadastre, where the entry is recorded in the register. From the moment it is entered, the owner receives official confirmation.

The Legal Cadastre is a state information resource for the registration of land plots and real estate objects. Its data serve as the basis for registration of rights and confirm the characteristics of the object: address, area, floor, cadastral number.

• The share participation agreement in construction is the main document confirming the basis for acquiring the apartment.
• The acceptance-transfer act records the transfer of the apartment from the developer to the buyer.
• The technical passport contains the technical characteristics of the object at the time it was produced.
• The developer's certificate of full performance of obligations confirms that there are no claims regarding payment and construction.
• An extract from the Legal Cadastre contains information about the real estate object and the registered rights.
• A certificate of registered rights (encumbrances) on immovable property is official confirmation of state registration of the ownership right.

Ownership of an apartment in a new building arises from the moment of state registration.

Step-by-step procedure for registering ownership of an apartment in a new building

Registration of ownership of a new building begins after construction is completed and the acceptance certificate is signed. Until then, the buyer holds a right of claim against the developer under the shared construction participation agreement, governed by the Law of the Republic of Kazakhstan on Shared Participation in Housing Construction. The procedure depends on the stage: whether the building has been commissioned and whether the acceptance certificate has been signed.

The first step is to obtain a set of documents from the developer: the signed acceptance certificate, a certificate of full payment and the technical passport of the apartment. The building commissioning certificate and the documents for the land plot remain with the developer and must be reflected in the Legal Cadastre. Without the acceptance certificate, registration is impossible.

• Obtaining the acceptance certificate and the certificate of full payment from the developer.
• Preparation of the identity document, the shared participation agreement and payment documents.
• Marriage documents, if the apartment was purchased during the marriage and the spouses wish to determine their shares.
• Submission of documents through the Public Service Centre.
• Verification of the information and entry of the record in the Legal Cadastre.
• Obtaining confirmation of the registered ownership right.

Timelines for registering ownership of an apartment in a new building: what affects the speed

Ownership of real estate in Kazakhstan arises from the moment of state registration, so the timeline for registering ownership of an apartment in a new building depends not on the date of the agreement, but on the readiness of the entire chain of documents. Registration is carried out by the Government for Citizens state corporation and begins only after the complete package has been received.

Registration proceeds fastest when the building has been commissioned and the developer has completed the primary documents for the property. Without the building commissioning certificate and the technical documentation, the buyer physically cannot submit an application.

• Commissioning of the building and availability of the acceptance certificate
• The developer's primary documents for the real estate property
• The building commissioning certificate and the developer's right to the land plot, entered in the Legal Cadastre
• No discrepancies between the technical documentation and the cadastral data
• A complete set of documents from the buyer and consistency of their details across all documents
• Timely submission of the registration application

Who can claim ownership of an apartment in a new-build

Title to an apartment in a new-build arises in the person named as the acquirer on a specific ground. Shared construction is governed by the Law of the Republic of Kazakhstan on Shared Participation in Housing Construction: the right is tied to the contract, not to payment or occupation. Before the property is commissioned and registered, what exists is a right of claim, not a registered ownership right.

Grounds: a shared participation agreement, an assignment of the right of claim, a housing programme, inheritance. The title of spouses depends on whether the property was acquired during the marriage with joint funds and on how the contract was made out: under a shared participation agreement the second spouse acquires a right to a share in the joint property, but any dealing with the title takes account of the joint ownership regime.

• the buyer under a shared participation agreement — title arises after the building is commissioned and registered
• the spouse of a shared construction participant — where the property was acquired during the marriage with joint funds
• the heir of a participant — inherits the right of claim, with the title subsequently made out
• the acquirer under an assignment of the right of claim — to the extent of the original participant's rights
• a participant in a housing programme — on the terms of the programme and subject to meeting its requirements
• the person named in the contract — payment by a third party does not by itself create title

Until the record of the right is entered in the Legal Cadastre, the buyer remains merely a party to the contract — with a claim against the developer, but without the apartment itself.

Grounds for acquiring ownership of an apartment in a new-build and how they differ

The grounds for acquiring ownership of an apartment in a new-build differ in the nature of the transaction and in the set of supporting documents. Ownership arises from the moment of state registration, which is administered by the Government for Citizens state corporation. Until the record is entered in the Legal Cadastre, the acquirer remains the holder of a contractual claim. The ground of acquisition therefore determines both the payment procedure and the list of papers required for registration.

A shared participation in housing construction agreement ties ownership to the developer's performance of the obligation to hand over the property. In a sale and purchase of an apartment in a new-build, ownership rests on a transaction involving an object that already exists. An assignment of the right of claim transfers the developer's obligation to the new creditor without changing the ground. A contribution to the charter capital of an LLP involves transferring the apartment into the ownership of the partnership as a property contribution. A housing certificate confirms the right to receive housing under state programmes.

• Shared participation in housing construction agreement: the ground is the developer's obligation to hand over the apartment after the building is commissioned; confirmed by the agreement, the acceptance certificate and the developer's documents.
• Sale and purchase agreement: the ground is a transaction involving an existing object; confirmed by the agreement, the seller's title documents and the transfer certificate.
• Assignment of the right of claim: the ground is the transfer to the new participant of the right of claim against the developer; confirmed by the assignment agreement, the original agreement and notice to the developer.
• Contribution to the charter capital of an LLP: the ground is a property contribution by a participant; confirmed by the general meeting resolution, the valuation report and the transfer act.
• Housing certificate: the ground is a state programme; confirmed by the certificate and the documents evidencing its realisation.

Registration of the right is carried out by the State Corporation "Government for Citizens"; the right arises from the moment of state registration.

What encumbrances and prohibitions may be registered against ownership of an apartment in a new building

Registration of the right in the Legal Cadastre does not mean that the apartment is free from claims. The Law of the Republic of Kazakhstan on Shared Participation in Housing Construction governs the relationship between the shared-participation investor and the developer, but after the building is commissioned and the right to the apartment is registered, encumbrances and prohibitions that pass to the new owner may remain on it. That is why, before buying, the current information on the property must be checked.

Most often it is a pledge of an apartment in a new building: the developer's or mortgage holder's bank registers security over a specific property until the obligation is fully discharged. A prohibition on alienation of an apartment in a new building by a court ruling or a court enforcement officer's order is also possible, as is an arrest of an apartment in a new building as an interim measure in a dispute. Each of these states blocks a clean transaction until it is lifted.

• registered pledges in favour of banks and other persons;
• records of a prohibition on alienation and of interim measures imposed;
• the existence of an arrest and the grounds for imposing it;
• information on claims by third parties;
• whether the seller and the property match the data in the title documents.

If the developer delays the documents for ownership of an apartment in a new building

If the building has been commissioned but the developer does not hand over the documents for the apartment, the buyer does not acquire ownership. Under the law of the Republic of Kazakhstan, ownership arises from the moment of state registration, which is carried out by the Government for Citizens state corporation. Even after receiving the keys and living in the apartment, the buyer remains without title until an entry is made in the Legal Cadastre.

Registering ownership of a newly built property involves submitting documents through a Public Service Centre. The basic set includes documents confirming the developer's right to the land plot and to construction, the act of commissioning the building into operation, and the document transferring the apartment to the buyer. If the developer delays registration, it cannot be completed without their involvement: some of the papers are held only by them.

• Send the developer a written demand to hand over the documents required for registration of ownership, and obtain confirmation of delivery.
• Apply to the Public Service Centre to clarify the list of missing documents and the reason for refusal to accept the application.
• Request from the akimat information on the commissioning of the building and on the status of the land plot.
• Order a technical passport for the apartment from the Government for Citizens state corporation if the developer has not handed it over to the buyer.
• File a claim with the court seeking to oblige the developer to hand over the documents and not to obstruct registration of ownership.
• If there are signs that the building's paperwork is incomplete, initiate an application to the authorised bodies to review the developer's actions.

Dispute over ownership of an apartment in a new building: typical conflicts

A dispute over ownership of an apartment in a new building concerns title, not the quality of finishing, the area or the handover deadlines. The buyer seeks recognition of ownership, while the opposing party challenges the basis on which it arose. Shared construction is governed by the Law of the Republic of Kazakhstan on Shared Participation in Housing Construction, whose provisions most often form the basis of the conflict.

A conflict between the developer and the buyer arises when the contract has been performed but the property has not been formalised: there is no act, the final payment has not been made, the developer withholds the documents. A dispute with a mortgage-holding bank is possible if the apartment is pledged under the developer's loan or under a mortgage. Within an LLP, a conflict arises between the participants when the housing is registered to the partnership or to one person, while another claims it.

• Dispute with the developer over registration of ownership after performance of the contract
• Dispute with a mortgage-holding bank over the existence and priority of a pledge
• Double sale: a clash between two buyers over the same property
• Conflict between the participants of an LLP where the housing is registered to the partnership
• Challenging an entry registering ownership

How to have ownership of an apartment in a new building recognised through the court

Ownership of immovable property arises from the moment of state registration, which is carried out by the Government for Citizens state corporation. Until an entry is made in the Legal Cadastre, the buyer is not considered the owner, even if the building has been constructed, the apartment has been handed over under an act and they live in it.

Where the developer evades handing over the documents, does not formalise the property, or registration is impossible for other reasons, after a written demand to the developer the remaining option is to have ownership of the apartment in the new building recognised through the court. A claim to recognise ownership of the apartment is brought against the developer and is considered under the rules of civil procedure.

• The contract under which the apartment was purchased.
• Documents confirming performance of the payment obligations.
• The acceptance and transfer act, or evidence that the developer is evading handover.
• Technical and title documentation for the building and the apartment.
• Correspondence with the developer and applications to the Government for Citizens state corporation.
• A report on the technical condition of the property, where necessary.

How to check ownership of an apartment in a new build before a transaction

Before a transaction, it is the seller's registered title that is checked, not the fact that the property is a new build. Shared construction is regulated by the Law of the Republic of Kazakhstan on Shared Participation in Housing Construction, so a shared participation agreement and an acceptance certificate are only grounds. Until the title is registered in the Legal Cadastre, the seller is not the owner and cannot dispose of the property.

How to check ownership of an apartment in a new build: an up-to-date extract from the Legal Cadastre for the apartment is ordered and the details of the rights holder are compared with the seller's passport. Discrepancies in the spelling of the full name, IIN or address are grounds for an additional request, not for signing.

• Whether the seller's ownership of the apartment is registered in the Legal Cadastre
• Whether the seller's full name, IIN and identity document details match the Cadastre records
• Whether there are encumbrances, arrests, prohibitions or pledges on the property
• Whether the seller is the developer or a person affiliated with the developer
• Whether there are court disputes or bankruptcy cases involving the seller or the developer
• Whether the address and cadastral number match in the contract, the acceptance certificate and the extract