Comment to article 194. Ownership and other property rights to housing The Civil Code of the Republic of Kazakhstan
A dwelling is a separate residential unit (individual house, apartment) intended and used for permanent residence that meets established technical, sanitary and other mandatory requirements. Residential buildings, residential apartments, parts of residential premises and common areas in residential buildings are the object of ownership and may belong to subjects of civil law.
The provisions of the housing legislation, taking into account the requirements of the Civil Code, apply to property relations and other property rights to housing. The basis of housing legislation is the Law on Housing Relations.
Ownership of a dwelling entails ownership of the land plot occupied by the dwelling (Articles 18 and 33 of the Decree on Land). The common ownership of an apartment building entails the common ownership of the respective owners and the land plot occupied by such a house.
The owner of a dwelling, as well as an unfinished apartment building, has the right to freely, at his discretion, sell it, determining the terms of sale, donate, exchange, bequeath to other persons, pledge, dispose of in other ways not prohibited by legislative acts.
The owner's use of a dwelling or part of it for non-residential purposes does not require permission from government agencies. This right is exercised by the owner only in compliance with construction, sanitary, fire and other mandatory rules and regulations.
The owners of the premises located in the same residential building are obliged to participate in the total costs of its maintenance. The amount of each owner's expenses is determined by the ratio of the usable area of residential premises or the area of non-residential premises in a residential building that are in separate ownership to the total area of the residential building, unless otherwise established by agreement of the owners (art. 18 of the Law on Housing Relations).
A common form of ownership is a condominium. A condominium is a special form of ownership of real estate as a single property complex, in which the premises are in separate (individual) ownership of citizens, legal entities, and the state, and the common property belongs to them by right of common shared ownership (art. 2 of the Law on Housing Relations, art. 209 of the Civil Code).
In addition to the right of ownership, other basic property rights to housing include the rental (lease) of a dwelling under a contract and the right to use the dwelling of a family member of the main user (owner or tenant) who permanently resides with him. The specifics of the exercise of these property rights to housing are determined by the Law on Housing Relations.
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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.
