The Law on Housing Policy Reform: transfer of functions, distribution procedure, registration rights and privatization

The Law on Housing Policy Reform: transfer of functions, distribution procedure, registration rights and privatization

16.11.2024 18:46:48 2550

In 2020, at the final meeting of the State Commission on the State of Emergency, the Head of State instructed to create on the basis of Zhilstroysberbank of Kazakhstan a full–fledged institute for development and support - Otbasy Bank, which will centrally carry out accounting, installation and distribution of housing.
In October this year, the Parliament of the Republic of Kazakhstan adopted the Law "On Amendments and Additions to some Legislative Acts of the Republic of Kazakhstan on housing policy reform".
Further, the Ministry of Industry and Construction developed a law on housing policy reform. However, the Law will enter into force only after it is signed by the Head of State.
The bill was adopted in order to centrally conduct housing policy, improve the efficiency of providing housing to the population, optimize housing procedures, as well as introduce a single mechanism for the fair distribution of housing among all categories of citizens.
First of all, it should be noted that the functions of local executive bodies for registration, introduction and distribution of housing are transferred to Otbasy Bank.
Otbasy Bank will be transformed into a national development institute, the main task of which will be the development of housing relations to provide housing for citizens in the republic. At the same time, the bank remains in the organizational and legal form of a joint-stock company, as well as in the system of second-tier banks.
The transferred functions will be implemented in compliance with the principle of transparency. Lists of citizens registered as those in need of housing, as well as citizens who have received a measure of state support, will be published on the Otbasy Bank website. Work will also be carried out on an ongoing basis to automate and simplify the procedures for obtaining housing for citizens in need of housing.
It is worth considering that the registration and distribution of government support measures will take place in an automated mode through integration with government databases. At the same time, akimats remain responsible for providing housing to waiting lists through purchase and construction. A transition period of six months is provided for the transfer of the above functions. During the transition period, akimats will conduct an inventory and transfer lists of citizens registered with Otbasy Bank.
In turn, Otbasy Bank will consolidate the waiting lists received from akimats into a single database. If applications are submitted to the MIO before the end of the transition period, they will be reviewed by the staff of the Akimat within the framework of the previous legislation.
Centralization of these functions will allow you to apply the principle of "one window", when there is no need to contact several authorities in order to confirm your status as "in need of housing", get in line, and then contact the bank to obtain a loan.
Further, we note that according to the new draft law, a new procedure for the distribution of housing among those in need will be introduced depending on the date of registration and income level. Thus, citizens who have been on the waiting list for a long time will be provided first of all.
Depending on the income level, the waiting list will be provided with measures of state support in the form of subsidizing rent, rental housing or preferential mortgage loans, such as "Bakytty Otbasy", "Shanyrak", "Otau" and "Nauryz".
In addition, taking into account the social status of some categories of citizens, it is envisaged to grant priority rights to 8 categories with the provision of at least 70% rental and credit housing. This category includes:
- WWII veterans;
- orphaned children;
- mothers with many children and families with many children;
- persons with disabilities of groups 1 and 2;
- families with children with disabilities;
- veterans equated to WWII veterans on benefits;
- veterans of military operations on the territory of other states
- widows.
Also, it should be taken into account that citizens who previously received rental and credit housing built at the expense of the state will not be able to register again.
However, according to the current legislation, certain categories of citizens can be registered, such as large families, orphans, persons with disabilities of groups 1 and 2, civil servants, employees of budgetary organizations, etc. That is, the right to register is granted to all citizens.
At the same time, the Law provides for the option of moving away from categorical affiliation and granting the right to register to all citizens who need housing and have not had housing for the last 5 years.
Thus, a Housing Provision Center will be created on the basis of Otbasy Bank, which will include all citizens in need of housing. The center will be a single information base for citizens of the Republic of Kazakhstan who do not own housing, which is integrated with government databases.
Monthly lists of registered citizens, as well as citizens who have received a measure of state support over the past two years, will be published on the Otbasy Bank's Internet resource.
In addition, all applications from citizens will be accepted in an online format, which also ensures transparency of the registration and registration of citizens.
Next, we will talk about the privatization of rental housing. The new law provides for the granting of the right to privatize previously provided rental housing without the right of redemption. Whereas, according to current legislation, the provided rental housing without the right of redemption, as well as housing provided to citizens in place of emergency housing, is not subject to privatization.
Today, about 55 thousand people live in rental housing without the right of redemption. These dwellings are inhabited mainly by socially vulnerable segments of the population, such as large families, orphaned children, etc. According to the legislation, the right to buy out such dwellings is provided at a residual value, in the future, rental housing is offered with the right to buy out.
The procedure for privatization as a whole remains unchanged, that is, at a residual value, minus physical depreciation in the amount of 2% of the book value, with the possibility of making installments of up to 10 years with a priority contribution of 30%. These rules come into force 10 days after the date of its first official publication.
Immediately after the Law comes into force, citizens will be able to apply to akimats for privatization. However, it is important to emphasize that the privatization of housing is a right, not an obligation. Citizens will not be forced to privatize.
Thus, among the main aspects of the Law on housing policy reform: the transfer of the functions of the MIO to Otbasy Bank, a new procedure for the distribution of housing by the date of registration, granting the right to register to all citizens and granting the right to privatize previously provided rental housing without the right of redemption.

Source : https://www.gov.kz/memleket/entities/mps/press/news/details/881146