When buying an apartment in a building under construction, Kazakhstanis need to check the shared participation agreement (DDU), its registration in the Kazreestr, the availability of a guarantee or permission to raise money, and the ability to pay for housing cashlessly. The absence of at least one of these conditions may make the transaction illegal. This was highlighted by developer and expert in construction and renovation Dilyara Seitnurova. This was reported by Qazaqyia.kz citing Kursiv Media.
According to her, over the past year and a half, the rules for buying housing at the construction stage have changed significantly. Now developers can raise citizens' money only through mechanisms provided for by the law on shared participation.
Seitnurova recalled that since August 30, 2025, when buying housing in a building under construction, it is prohibited to use preliminary and investment contracts, as well as booking agreements. Since March 12, 2026, buyers' money can be raised exclusively through the mechanisms of the law on shared participation.
A document called a "booking agreement" does not replace the DDU and does not give the buyer the right to demand an apartment from the developer. Such an agreement is also not registered in the Kazreestr, and the period for handing over the housing does not begin under it.
"A paper called a 'booking agreement' does not create rights to an apartment. It is not registered, it does not give rise to a claim against the developer, and the period for handing over the housing does not begin. If you are first asked to sign such a document, you are paying for a promise," the expert warns.
The expert identified three legal ways to raise shareholders' money: a guarantee from the Single Operator – the Kazakhstan Housing Company, participation of a second-tier bank, or permission from the akimat to raise funds after the building frame is erected.
At the same time, it is necessary to check not only the name of the residential complex, but also the specific phase, block or construction site. A permit or guarantee may apply to the entire complex or only to a separate phase.
"You need to check not the name of the residential complex, but the specific phase, block or construction site. The housing portal states this directly: a permit may be issued both for the entire complex and for a separate phase. In practice, there have been cases when a guarantee was for one facility, but money was collected across the entire complex," Seitnurova notes.
Information can be checked on the homeportal.kz portal in the section on shared construction facilities. Data comes from the Kazreestr and is also available in the eGov Mobile application. The expert advises searching for the facility by the developer's BIN, and then comparing the address and construction phase with the information in the contract. The DDU itself must indicate the number and date of the guarantee or permit.
Since January 1, 2026, all payments under the DDU must be made through a bank in cashless form. The bank checks for a registered contract and does not process the payment if there is none.
Therefore, the developer's requests to hand over part of the amount in cash, transfer money to a card, or make a prepayment before signing the DDU should alert the buyer.
Seitnurova also recalls that since January 18, 2026, the fine for raising shareholders' money without permission or a guarantee can reach 2,000 MRP – about 8.6 million tenge. The fine is calculated for each such fact.
The expert advises paying special attention to construction deadlines and contract terms. She identifies three points that may affect the ability to recover a penalty for delayed handover of housing.
The first is the date of handover of the apartment. Commissioning of the house and handover of the apartment to the buyer are different events. According to Seitnurova, postponement of the acceptance deadline for the house is allowed by no more than five months relative to the date specified in the design and estimate documentation. After registration of the acceptance act, the developer must hand over the apartment within 60 calendar days. If the contract specifies only the quarter of commissioning of the house, it will be more difficult for the buyer to determine the moment when the delay begins.
The second point is additional agreements on postponing deadlines. According to the expert, the developer cannot independently extend the deadline by more than five months. The exception is force majeure confirmed by documents. In addition, the buyer is not obliged to sign an agreement to postpone deadlines.
"A signature under an additional agreement closes the basis for a penalty for the period already passed," Seitnurova emphasizes.
The third point is the liability of the parties. Under the standard form of the contract, the penalty is 0.1% of the amount paid for each day of delay. For example, when paying for an apartment worth 20 million tenge, a month of delay will cost the developer 600 thousand tenge.
The expert also advises carefully studying the conditions under which the developer is released from liability, and the rules for cases of payment delay by the buyer. If a shareholder delays the next installment by 20 days, the period for handing over the apartment, according to the example cited by the expert, may be extended by the same period.
Earlier, Kursiv wrote about whether apartments in Kazakhstan would rise in price amid the announced "People's Construction."