How to Check an Apartment for Legal Purity

In this article, we show how to investigate an apartment or flat before buying on rent or ownership. Let’s see what we can do whenever we need to get a new apartment for rent for ourselves and our loved ones. 

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Let’s start discussing how you can check property for its legal transparency before buying it on rent.  

Check Title Deeds 

Ask the owner for a title deed and take a photo of it on your phone or rewrite the information. Compare later with the data indicated in the encumbrance’s certificate.

About 20 types of title documents are legally valid in Kazakhstan. Along with contracts of sale, exchange, donation, privatization, these can be: certificates of the right to inheritance acts of purchase from public auctions, marriage contracts, and more.

Ask for Registration Certificate

Request a registration certificate for the apartment, which indicates the identification and technical characteristics: material, year of construction of the house, cadastral number, and plan of the apartment indicating the number of rooms, dimensions. The main thing is that the real indicators of the object must be reflected.

Go through the apartment with this plan. Check if redevelopment has been carried out, if door and window openings, walls and partitions are in place. In case of suspicion, ask the seller to call a technician from the Real Estate Center (formerly BTI). The procedure is paid and takes several days.

The listed documents must be registered with the justice authorities of the Republic of Kazakhstan, have the appropriate signatures and seals.

Compare Details 

Compare the information on the owner of the apartment on the title deed with the seller’s ID. If there is a discrepancy in at least one letter or number, ask the seller to correct them before concluding the transaction. 

Request a certificate of encumbrances 

It contains a document of title, on the basis of which the seller’s right of ownership arose, the number of co-owners if any, possible encumbrances (the apartment may be pledged to a bank or another creditor or be arrested for debts).

The certificate is valid for one day and can only be obtained by the owner of the property or his authorized representative. A notary can also request and receive it on the spot. 

Check the seller and other interested parties 

It happens that the seller turns out to be incapacitated (alcohol, drug-addicted or mentally ill). In this case, the purchased housing can be sued. To prevent this from happening, during the first communication with the owner, find out from whom and how he bought the apartment, why he sells, how he characterizes the neighbors, the pros and cons of the area of ​​residence (infrastructure, transport). This will help you understand the big picture and get to know the seller a little better. 

In case of any suspicion of inappropriate behavior, you should request a certificate from a medical facility or refuse to purchase at all.  If the seller received an apartment as a gift from a minor, which is prohibited by law, or in the past there was an unfair distribution of inheritance, then the property in the future can also be sued. 

Information about the seller’s marital status can be requested from the registry office or, when making a sale and purchase transaction from a notary, ask the owner to sign a certificate stating that he will bear administrative and criminal responsibility in case of giving false information. 

Check the Right to Sell 

If the seller acts under a power of attorney, check that it is given exactly for the right to sell the apartment. It must contain the details of the housing, the signature of the principal, the validity period of the document and the powers of the authorized person. It may happen that the latter was given only the right to conclude a deal, but not to receive money. 

The power of attorney is valid for 3 years. If it is not specified, then the document is valid for one year from the date of issue. If there is no date of issue, the document is invalid. 

Check the legitimacy of the power of attorney with the notary who issued it, in person or upon request through the Notary Chamber. Here, at the same time, you can verify the authority of a specialist, for example, request a license. 

Ask the proxy for the contacts of the proponent. Contact him and record his desire to sell the property by audio or video.