Commentary to the articles of Paragraph 6 Lease of buildings and structures of Chapter 29 Property Lease Agreement of the Civil Code of the Republic of Kazakhstan
6.1. The lease of buildings and structures is regulated by § 4 of Chapter 29 of the Civil Code (Articles 581-584 of the Civil Code).
The object of this type of lease agreement is buildings and structures, the legal definition of which is contained in Building Codes and Regulations. At the same time, buildings used as housing do not belong to this type of lease, since the rental of housing is regulated by a special chapter 30 of the Civil Code.
The rules on the lease of buildings and structures apply to the lease of enterprises, since otherwise is not provided for by the rules of the Civil Code on the lease of enterprises (paragraph 2 of art. 581 of the Civil Code).
Unlike the Civil Code of Russia, the Civil Code does not contain regulations regarding land plots under buildings and structures leased and adjacent land plots, since all these issues are regulated in the land legislation of the Republic of Kazakhstan.
6.2. The form of the agreement. The Civil Code contains certain requirements for the form of a lease agreement for buildings and structures, according to which a lease agreement for a building or structure must be concluded in writing by drawing up a single document signed by the parties. In addition, a lease agreement for a building or structure concluded for a period of at least one year is subject to state registration and is considered concluded from the moment of such registration. Failure to comply with the form of the lease agreement for a building or structure entails its invalidity (art. 582 of the Civil Code).
6.3. The Civil Code contains special regulations regarding the amount of rent. The rent for this type of contract is its essential condition, without an agreement on which the contract is considered not concluded in writing. The norm of clause 1 of Article 583 of the Civil Code explicitly prohibits the use of pricing rules provided for in Clause 3 of Article 385 of the Civil Code when determining the price under a lease agreement for buildings and structures.
6.4. The transfer of buildings and structures from the lessor to the lessee and back is carried out according to a transfer act or other transfer document signed by the parties. Evasion by one of the parties from signing a document on the transfer of a building or structure on the terms stipulated in the contract is considered as a refusal, respectively, by the lessor from fulfilling the obligation to transfer property, and by the lessee from accepting property (art. 584 of the Civil Code).
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The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.
Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.
Deputy head Professor Basin Yu.G.
