Notarial execution of real estate transactions in Almaty — we check the property and certify the agreement with no surprises after the transaction

Useful information

Notarial completion of real estate transactions in Almaty: sale and purchase, gift, due diligence

For most people, a transaction involving an apartment or house is a one-off event where the cost of a mistake is measured by the value of the home. Hidden co-owners, an outstanding mortgage, an arrest, a spouse's refusal or a buyer who rushes and asks to sign the contract "today" — these are typical situations in which the parties lose money and time. Notarial completion of real estate transactions in Almaty is structured so that the legal title of the property and the intentions of the parties are verified before the money changes hands.

A notary does not simply certify signatures: they check ownership, encumbrances, the legal capacity of the participants, marital status and the authority of representatives. A separate risk area is payment and transfer of money in a sale and purchase, as well as gifts between relatives, which are easy to complete incorrectly. Below are practical guidelines for each type of transaction and a list of documents worth preparing in advance.

Notarial completion of real estate transactions: what the notary checks

Notarial completion of real estate transactions begins not with signing the contract, but with verification. The notary establishes the identity and legal capacity of the parties, checks the seller's rights, arrests, pledges and the representative's authority. They obtain information on rights and encumbrances from the Legal Cadastre, not from what the participants say. That is why an attempt to save time and skip this stage almost always ends in refusal of registration or a dispute in court.

Completion of real estate through a notary is structured so that the notary is responsible for the legal validity of the document. If the apartment is sold not by the owner but by a representative under a power of attorney, both the power of attorney itself and the scope of authority are checked: the right to sell the property must be expressly stated. It is also established separately whether there is spousal consent to the transaction, if the property was acquired during the marriage, and whether the disposal affects the rights of children.

Particular attention is required for people registered in the apartment, including former members of the owner's family. Their presence does not automatically block the transaction, but it is important for the buyer to understand whether their right of use will survive the transfer of title. Notarial completion of a real estate transaction is precisely about bringing all such circumstances to the surface before signing, rather than discovering them afterwards.

What the notary checks during notarial completion of real estate transactions:

The parties and their documents: identity card, legal capacity, age.

The seller's ownership and the history of transfers of title.

Arrests, prohibitions, pledges, leases and other encumbrances.

Consents of the spouse, the guardianship authority, powers of attorney of representatives.

The list of checks may be expanded depending on the specific property and the parties involved.

Notarial execution of real estate transactions: sale and purchase of a flat

Executing a flat sale and purchase through a notary is a way to prepare, verify and certify the contract in a single visit: the transfer of title is registered by the State Corporation "Government for Citizens", and that takes separate time. The notary certifies the contract, checks the legal capacity of the parties and the ownership of the property, and then sends the documents for registration himself. For the buyer this reduces the risk of the transaction being challenged, for the seller — the risk of not receiving the money.

If the flat was purchased during the marriage, as a general rule the consent of the other spouse will be required. It is given in notarial form: the spouse confirms that he or she does not object to the sale and knows its terms. Without such a document the notary will not certify the contract, and a transaction concluded without consent may be challenged by the spouse in court (Article 34 of the Code on Marriage and Family of the Republic of Kazakhstan). If the owner is a minor, permission from the guardianship authority is also required.

A separate situation is the sale of a share in joint ownership. Before putting it on the market, the pre-emptive right of the other owners must be observed: they must be offered to buy the share on the same terms. It is convenient to send the notice through a notary — then there will be evidence that the co-owners were notified. If they refuse or do not buy the share within a month from the date of notification, it may be sold to an outside person (Article 216 of the Civil Code of the Republic of Kazakhstan).

With a mortgage, the flat is pledged to the bank, so the notarial execution of a sale and purchase of such a flat is carried out only with the consent of the pledge holder. Usually the bank issues written permission, and part of the money goes to repay the loan. Until the encumbrance is released, the registration of the transfer of title will not go through.

• identity documents of the seller, the buyer and their spouses;
• the document of title to the flat;
• the spouse's consent, permission from the guardianship authority — if required;
• notification of the co-owners when selling a share;
• the bank's written consent in the case of a mortgage.

Sale and purchase of a house in the notarial execution of real estate transactions

A house is sold together with the land plot, so the notary checks both objects as a single subject of the transaction. If the plot is privately owned but the house on it is not registered in the Legal Cadastre, the buyer risks receiving a building without a registered title: it can neither be resold nor pledged. The execution of a house sale and purchase through a notary begins precisely with comparing the documents for the land and for the building.

The cadastral data must match in the documents of title, the technical passport and the information in the Legal Cadastre: area, address, designated purpose, boundaries. Discrepancies in area or address are a common reason why a transaction is postponed until the information is clarified. The boundaries of the plot are best checked against the land management file: if the actual fence does not coincide with the cadastral boundaries, the neighbours may challenge the transaction later.

Unregistered structures are a separate risk area. An extension, garage, sauna or second residential house that has not been entered in the cadastre does not pass to the buyer under the contract: he will receive only what is stated in the register. There are two options — legalise the structure before the transaction or expressly state in the contract that it is not part of the subject of the sale and purchase and that the buyer is aware of it.

The notary also checks encumbrances, seizures, pledges and the rights of third parties to the plot and the house. If the plot is not privately owned but is held in temporary land use (lease) from the state, the sale of the house will require the consent of the local executive body and the re-registration of the land rights. Before signing the contract, it is worth collecting the full package:

The document of title to the land plot and the identification document for the land.

Technical passport for the house and an extract from the Legal Cadastre.

A document confirming the absence of encumbrances and arrests.

Consent of the spouse, if the property is in joint ownership.

A power of attorney, if the transaction is carried out by a representative.

Gifting an apartment: notarial execution of real estate transactions within the family

Gifting an apartment is formalised by a contract before a notary — this is a separate type of transaction, not a simplified sale. Unlike a sale and purchase, the donor does not receive counter-performance: no money, things or services are transferred for the apartment. The notary certifies the will of both parties and checks that the transaction does not conceal a different arrangement.

Sometimes the parties formalise a sale as a gift in order to circumvent prohibitions, reduce the tax burden or conceal payments. Here the gift is sham: it conceals a sale and purchase, and the court may apply to the transaction the rules of the concealed contract (Art. 160 of the Civil Code of the Republic of Kazakhstan), and the rights of the donee will be at risk. The notary checks the circumstances and warns of such risks before signing.

The donor's right of lifelong residence in the gifted apartment is in practice set out in the contract, but it must not become a counter-obligation of the donee: where there is counter-performance, the contract is not recognised as a gift (Art. 506 of the Civil Code of the Republic of Kazakhstan). It allows a person to remain in the dwelling after ownership passes to the donee. Without such a condition, the new owner may seek eviction, so the condition on residence is discussed before notarial execution.

The execution of an apartment gift contract before a notary begins with a check of the documents and the rights of the parties. The notary certifies the contract, after which the information is sent for registration of the transfer of ownership. The participants should prepare:

• the title document for the apartment
• the technical passport and a certificate of registered persons
• identity documents of the donor and the donee
• consent of the spouse, if the apartment was acquired in marriage
• a document on marital status and kinship to confirm a gift between close persons

How notarial execution of real estate transactions works: from verification to registration

The notary prepares the sale and purchase contract after verifying rights — this is the execution of a sale and purchase contract before a notary, in which the document acquires enhanced evidentiary force. The parties come with their documents, the notary requests information from the Legal Cadastre, checks encumbrances and arrests, and where necessary requires the consent of the spouse. If a representative is involved, a foreign power of attorney is checked for its term and powers, and also for legalisation: documents from the countries of the Minsk Convention are accepted without an apostille, the rest — with an apostille, after which a translation is made.

The draft contract is agreed with the parties before signing: the property, the price and the payment procedure are specified, as well as who pays the utility bills as at the date of transfer. Signing takes place before the notary, where the parties confirm that they understand the terms and act voluntarily. Executing the transaction through a notary saves time: the notary sends the documents for registration himself. After certification, the information is sent for registration of the right.

The stages differ depending on whether you are buying or selling, and whether there is a mortgage or shares. Below is the general sequence of steps.

If one of the participants cannot come in person, their will is formalised by a power of attorney in advance, not on the day of the transaction; this is a common mistake that causes the signing to be postponed. The participation of a minor or a person lacking legal capacity requires permission from the guardianship and trusteeship authority under the local executive body, and the allocation of a share requires a notarial agreement.

• Verification of rights and encumbrances under the Legal Cadastre
• Requesting the consent of the spouse and obtaining the missing documents
• Agreeing and signing the draft contract before the notary
• Sending the certified contract for registration of the right

The timeframe depends on the completeness of the documents and the presence of encumbrances.

Settlements in notarised real estate transactions

Payments are the most vulnerable part of a transaction: the money is handed over before the transfer of title is registered, and the buyer receives the flat or house only after that. The simplest and therefore riskiest method is cash hand to hand. The contract can be signed before a notary, but if the seller receives the money before the transfer of title is registered in the Legal Cadastre, and the registration does not go through for any reason, the sum will have to be recovered through court. For most transactions in Almaty, the so-called transfer after signing and filing documents for registration is more reliable: the parties record in the contract that payment takes place after the registering authority accepts the documents.

A bank safe deposit box works like this: the buyer deposits the cash, and the seller gains access to the box only after the registration of the transfer of title is confirmed. A letter of credit is arranged similarly, but the money is held in a special account at the bank, and the bank transfers it to the seller against pre-agreed documents — usually a certificate of registered rights showing the new owner. Both methods remove the main fear: neither party gives up their side first. For the buyer, it is also confirmation that the money will not go to the seller until the title has passed.

When buying with a mortgage, the scheme is stricter: the text of the contract is agreed with the bank, because the flat or house becomes collateral, and the loan funds are transferred after the mortgage is registered. The parties sign the sale and purchase contract, then the transfer of title and the mortgage in favour of the bank are registered, and only after that does the bank transfer the sum to the seller. If the bank does not approve the wording, the transaction will have to be redone, so the text is prepared in advance, not on the day of signing.

Another tool is withholding part of the price. The parties agree that the seller will not receive the entire sum at once, and that part will remain with the buyer until certain conditions are met: the former occupants are de-registered, the property is vacated, the keys are actually handed over, or utility debts are paid off. This mechanism protects the buyer from surprises after the transaction. The conditions, deadlines and grounds for withholding must be recorded in the contract — oral agreements do not work here. Most often one of the following options is chosen:

• transfer after signing the contract and filing documents for registration
• a bank safe deposit box for cash with the seller gaining access after registration
• a letter of credit with a special account at the bank
• mortgage funds transferred after the mortgage is registered
• withholding part of the price until the terms of the transaction are fulfilled

Documents for the notarial completion of real estate transactions

The package of documents depends on the role in the transaction and on who exactly is entering into it. The notarial completion of real estate transactions begins with the title document: a sale and purchase contract, privatisation, a court decision or a certificate of inheritance. It must be accompanied by a certificate of registered rights (encumbrances) to the immovable property and a technical passport for the object. If the flat was purchased in marriage, the spouse's consent will be required, and if a share in the object belongs to a minor — permission from the guardianship and trusteeship authority. For a land plot, an identification document for the land plot and a title document for the land are additionally requested.

The seller and the donor collect the same basic set: an identity card, information on registered persons, a certificate confirming no utility payment arrears, and a certificate of registered rights to the object. If the owner is one person but the object was acquired in marriage, the notary will ask for a notarised consent of the spouse to the transaction. If the seller acts through a representative, a power of attorney is required that expressly states the right to sell or gift a specific object — a general wording such as "to manage property" will not do.

For the buyer and the donee, an identity card is enough: as a general rule, a spouse's consent to acquire property is not required, though the bank may request it for a mortgage. When buying with borrowed funds, the bank prepares the loan documents, which also form part of the package. If the flat was received as a gift or by inheritance, it is the personal property of the spouse, and the consent of the other spouse is not required: the notary verifies the basis of acquisition from the title document. Gifting real estate on behalf of minors and persons lacking legal capacity by their legal representatives is not permitted (Article 509 of the Civil Code of the Republic of Kazakhstan); a minor aged 14 to 18 acts with the consent of their legal representative and the permission of the guardianship authority.

A power of attorney requires particular attention. The notary checks not only the signature of the principal but also the scope of authority: the right to sign the contract, receive money, and file documents for registration. An expired power of attorney, or one issued with an error in the details, is the most common reason a transaction fails. Below is a short list of what is most often requested in addition:

Permission from the guardianship and trusteeship authority if the home of a minor or a person lacking legal capacity is being sold.

Notarised consent of the spouse — when disposing of property acquired in marriage.

A representative's power of attorney with a precise description of the object and the permitted actions.

A certificate confirming no utility payment arrears and information on registered persons.

The main practical conclusion: checking the object and the parties before signing the contract saves more money than any saving on transaction support. If there are discrepancies in the documents, they are resolved first, and the contract is signed afterwards.