Kazakhstan

Property Registration in Kazakhstan

State registration of rights to immovable property is mandatory in Kazakhstan under the Law on State Registration of Rights to Immovable Property No. 310-III of 26 July 2007. Registration is administered by the State Corporation "Government for Citizens" (GCC) — which assumed the registration function previously held by the regional Justice Departments — and results in an entry in the Real Estate Rights Register. An unregistered transfer of real estate is not effective against third parties and confers no enforceable title.

Bond Stone advises foreign investors, developers, and corporate purchasers on the full property registration process in Kazakhstan — from pre-transaction due diligence and document preparation through to delivery of the register extract and post-registration compliance.

Primary authority: Law No. 310-III of 26 July 2007 on State Registration of Rights to Immovable Property; Land Code No. 442-II — adilet.zan.kz

Applies to: Residential & Commercial Property  ·  Foreign Investors  ·  Corporate Acquisitions  ·  Off-Plan Title Closing

Who Can Register Property in Kazakhstan?

Kazakhstani Legal Entities

Kazakhstani LLPs and JSCs may own and register commercial and residential buildings, though entities with foreign participation remain barred from agricultural land and from owning frontier-zone land. This is a common holding structure for foreign investment: a Kazakhstani SPV holds title, and the foreign investor holds equity in the SPV.

Foreign Legal Entities

Foreign legal entities may register commercial buildings in Kazakhstan, and may own the land for building or under their buildings, but not agricultural or frontier-zone land (see Foreign Land Ownership in Kazakhstan). Foreign entities registering property must provide apostilled corporate documents with notarised Kazakh translations.

Kazakhstani Individuals

Kazakhstani citizens may register residential and commercial property without restriction. For residential property, registration at the GCC requires only the purchase agreement (notarised or in simple written form), register extract, identity document, and fee payment receipt — a streamlined process compared to corporate or foreign-buyer registrations.

Foreign Nationals

Foreign citizens may own housing in Kazakhstan, except those temporarily staying in the country (Law on the Legal Status of Foreign Citizens No. 2337, Art. 9). Under Art. 4 a foreign citizen in Kazakhstan without a permanent residence permit is treated as temporarily staying, and a visa or a temporary residence permit does not change that. In practice, therefore, a foreign individual needs a permanent residence permit to buy housing in their own name, and then buys on the same terms as a Kazakhstani citizen; a buyer living abroad should plan on the same basis. The notarial rules also stop a notary certifying a purchase of housing where one spouse is a temporarily staying foreigner, unless a marriage contract sets separate ownership (Ministry of Justice Order No. 31 of 31 January 2012, para. 44). Without the permit a foreign individual may still buy non-residential property such as offices, shops and warehouses. Foreigners may own land for building or under buildings, but not agricultural or frontier-zone land. A foreign national who cannot attend the notary or the GCC in person acts through a notarised, apostilled power of attorney; all foreign-language documents require notarised Kazakh translation.

Step-by-Step Registration Procedure

The registration process runs through the State Corporation "Government for Citizens" (GCC) — accessible at physical service centres across Kazakhstan and through the egov.kz portal for eligible transaction types. The following steps apply to a standard arm's-length sale of a commercial or residential property.

STEP 1 Prepare the Document Package

Assemble: (a) draft sale-purchase agreement; (b) current register extract for the property, confirming seller's title and absence of mortgages, attachments, or other registered encumbrances; (c) identity documents of buyer and seller (passport; for entities, registration certificate and authority documents); (d) registration fee payment confirmation; (e) where required, the notarised consent of the seller's spouse (Code on Marriage and Family No. 518-IV, Art. 34(3)). For foreign parties: apostilled corporate documents with notarised Kazakh translations and, for an individual buying housing, the permanent residence permit. Allow 5–15 business days for apostille or legalisation.

STEP 2 Sign the Sale-Purchase Agreement

The sale-purchase agreement must be in writing. Kazakhstani law does not require a notary for a sale of real estate: under Civil Code Art. 154 a transaction needs notarisation only where a law or the parties' agreement says so, and no law says so for a sale of housing, non-residential property or land, whether the parties are individuals or companies, Kazakhstani or foreign. Law No. 310-III provides for the registration of transactions that are not notarised (Arts. 21(4), 23(1-2)). A transfer in return for an annuity is different and must be notarised (Civil Code Art. 518). The parties may still choose a notary, banks generally require one for a mortgage, and for a foreign buyer it is usually the safer route: the notary verifies the identity of the parties, their capacity and authority to transact, and the absence of encumbrances on the property, and carries liability and insurance for that work. Since 8 September 2026 a notarised contract to sell or pledge registrable real estate must be certified at the location of the property (Law on Notaries No. 155-I, Art. 54(2-1)), so a party based elsewhere signs there or acts through a representative. Foreign-language documents must be accompanied by a notarised Kazakh translation.

STEP 3 Submit to the GCC

If the contract is notarised, the notary sends an electronic copy to the register through the unified notarial digital system, no application from the parties is needed, and the fee is paid online (Law No. 310-III, Arts. 20(2), 22(1)). If it is in simple written form, submit the complete document package at a GCC service centre; the GCC must then itself verify the signatures, the capacity of the parties and their intent (Art. 21(4)). Pay the applicable registration fee — see below. The GCC issues a dated receipt on acceptance; registration timelines run from this receipt date. Applications with incomplete documentation are returned without a registration date being assigned.

STEP 4 GCC Review

Standard: three working days from receipt of the application. Transaction not notarised: one working day from receipt. Expedited: one working day, at the applicant's request and at a higher price. Digital registration through a notary: one working day after payment is confirmed (Law No. 310-III, Art. 23). During this period the GCC verifies the chain of title, the completeness of the document package, the absence of registered encumbrances, and whether any court attachments or government liens affect the property. A suspension notice may issue if the GCC requires supplementary documents — this pauses the clock until the deficiency is cured.

STEP 5 Receive the Electronic Register Extract

On successful registration, the GCC enters the right in the legal cadastre and marks the title document or, on digital registration, sends a notice of registration (Law No. 310-III, Art. 20). A separate certificate of state registration is issued only where a legislative act provides for it. Certified information on the property and on the holder's rights (the register extract) can be requested from the legal cadastre at any time (Art. 17), including through egov.kz.

STEP 6 Post-Registration Compliance

Foreign buyers: we found no duty on a non-resident buyer to notify the National Bank of Kazakhstan (NBK) directly. A purchase of real estate between a resident and a non-resident is a capital movement transaction, and the resident party must obtain an account number for the contract from the NBK before performance if the contract exceeds USD 500,000 or states no amount (Law on Currency Regulation and Currency Control No. 167-VI, Arts. 1, 14; NBK guidance). Banks report payments above the threshold (Art. 15). Currency operations between two residents are prohibited unless an exception applies (Art. 6). All buyers: check any tax registration consequences of the purchase. Where the property includes a land plot, a separate registration of the land use right or ownership transfer is required under the Land Code — this runs concurrently with the building registration but is a distinct register entry.

Registration Fees

There is no percentage duty on the transaction value. The State Corporation charges fixed prices set under Art. 10 of Law No. 310-III, currently by Order of the Minister of Digital Development, Innovations and Aerospace Industry No. 212 of 9 April 2024. The prices below are the base prices in that order, in KZT, excluding VAT and for service at a front office. The order recalculates them each year by the change in the monthly calculation index (MCI), which is set by budget legislation, so confirm the current figure on egov.kz before closing. Where the sale contract is notarised, Tax Code No. 214-VIII, Art. 667 also sets a state fee for notarial certification: in urban areas, 10 MCI if one party is a legal entity, which is KZT 43,250 at the 2026 MCI of KZT 4,325.

Legal Entities

Fixed price, whatever the transaction value: KZT 15,589.54 for a multi-apartment building or non-residential premises or building; KZT 1,558.03 for an apartment or individual house; KZT 1,347.61 for a land plot. Separate prices apply to non-residential complexes.

Individuals (Residential)

Fixed price of KZT 1,292.64 for an apartment or individual house, and KZT 1,127.72 for a land plot. The fixed price makes the registration fee predictable regardless of property value — particularly relevant for high-end residential acquisitions in Almaty and Astana.

Expedited Registration

Expedited registration costs three times the standard price at a front office and four times the standard price through the online portal. It does not vary with transaction value.

Common Registration Problems and How to Avoid Them

Uncleared Encumbrances

A registered mortgage, court attachment or other encumbrance can block registration. The seller should discharge and de-register encumbrances before or at the time of transfer. Obtain a fresh register extract, typically no more than 24 hours before signing, to confirm the property is clear.

Seller Entity Not in Good Standing

A Kazakhstani seller entity that is in liquidation, has been administratively suspended, or whose signatory lacks current authority will fail at the notary or at registration. Bond Stone verifies the seller's legal entity status in the Ministry of Justice registry and confirms the signatory's authority under the current charter or power of attorney before transaction documents are drafted.

Missing Foreign Buyer Documents

Apostille or legalisation in many jurisdictions (UK, Germany, China, UAE) takes 5–15 business days. Failing to allow for this lead time is a common cause of delayed closings involving foreign buyers, so settle the document list at the outset.

Land Plot Misalignment

Where a commercial building sits on a land plot, the land use right must be transferred or confirmed simultaneously with the building registration. A building registration without a corresponding land entry creates an incomplete title that lenders are unlikely to accept as security. Check the land plot in due diligence and coordinate both register entries at closing.

Frequently Asked Questions — Property Registration in Kazakhstan

How long does property registration take in Kazakhstan?

Under Art. 23 of Law No. 310-III, standard registration at the State Corporation "Government for Citizens" (GCC) takes three working days. A transaction that is not notarised is registered within one working day, expedited registration takes one working day at a higher price, and digital registration through a notary is completed within one working day after payment is confirmed. These timelines run from the date the GCC accepts a complete document package — incomplete submissions are returned without a registration date being assigned, and the timeline restarts on resubmission.

What documents are needed to register property in Kazakhstan?

The core registration package comprises: (1) the sale-purchase agreement, notarised or in simple written form; (2) the seller's current register extract confirming title and encumbrance status; (3) identity documents for all parties; and (4) the registration fee payment receipt. Foreign buyers additionally require apostilled corporate documents with notarised Kazakh translations, and — where attending by proxy — a notarised and apostilled power of attorney.

Is a notary required to sell real estate in Kazakhstan?

No. The sale must be in writing and title must be registered, but no law requires a notary for a sale of housing, non-residential property or land, between individuals, between companies or with a foreign party (Civil Code Arts. 152, 154). The parties may agree to use one, and banks generally insist on it for a mortgage. Either way, title passes on registration and not on signature. Supreme Court Normative Resolution No. 5 of 16 July 2007 (para. 3) says so for housing and adds that lack of registration is not in itself a ground for invalidating the sale. In case No. 6001-22-00-3GP/486, reported by the Supreme Court on 13 January 2023, the cassation court rejected the claim of a buyer who held a notarised 2011 contract but had never registered title.

Can a foreign individual buy an apartment in Kazakhstan?

With a permanent residence permit, yes, on the same terms as a Kazakhstani citizen. Without one, in practice no. Art. 9 of Law No. 2337 excludes temporarily staying foreigners from owning housing, Art. 4 treats a foreign citizen in Kazakhstan without that permit as temporarily staying, including the holder of a temporary residence permit, and registration may be refused where a party does not meet legal requirements (Law No. 310-III, Art. 31(1)(1)). The same limit applies to units in shared construction (Law No. 486-V, Art. 1(19)). Non-residential property is open to foreign individuals whatever their status, and a company, Kazakhstani or foreign, may hold housing. A foreigner without the permit who inherits housing must dispose of it within one year or face a court-ordered sale (Civil Code Art. 252; Ministry of Justice reply of 21 December 2012 to question No. 178395). Alatau City has its own regime: its administration sets the rules on purchases by foreigners there (Constitutional Law No. 286-VIII of 8 May 2026, Art. 66).

Is a physical property title certificate issued in Kazakhstan?

Not as a rule. Registration is shown by the entry in the legal cadastre and the mark on the title document, or a notice on digital registration (Law No. 310-III, Art. 20). A separate certificate of state registration is issued only where a legislative act provides for it. Evidence of title is the registered title document together with certified information from the legal cadastre (the register extract), which can be requested at any time (Art. 17).

Can a foreign company register commercial property in Kazakhstan?

Yes. Foreign legal entities may own and register commercial buildings — offices, warehouses, industrial facilities — in Kazakhstan. They may also own the land for building or under their buildings, though not agricultural or frontier-zone land. Foreign investors often structure ownership through a Kazakhstani SPV (LLP or JSC) that holds both the building and the associated land right.

Related Practice Areas

Real Estate & Construction → Shared Construction → Foreign Land Ownership →

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Primary authority: adilet.zan.kz — Law No. 310-III of 26 July 2007 on State Registration of Rights to Immovable Property; Land Code No. 442-II; Civil Code (General Part) No. 268-XIII Arts. 152–155, 252; Law on Notaries No. 155-I Arts. 52, 54; Law on the Legal Status of Foreign Citizens No. 2337 Arts. 4, 9; Tax Code No. 214-VIII Art. 667