FINANCING OF COMPLEX CONSTRUCTION PROJECTS
General information
Financing of integrated development projects
Financing of urban development investment projects and financing of integrated development of territories in order to develop standards for integrated development of territories.
Who can receive the service
Legal entities (developers and authorized companies) engaged in the construction of a complex development project on the territory of the Republic of Kazakhstan.
Authorized companies act as the main borrower, and developers act as a co-borrower. Other persons may participate in the implementation of the project, who may act as pledgers and/or guarantors.
Intended use
Financing of urban development investment projects is carried out in accordance with their Standard of integrated development of territories* for the following purposes:
- construction of facilities on the territory of complex development according to design and estimate documentation on the territory of the Republic of Kazakhstan (including construction and installation works, author’s and technical supervision) and in accordance with the approved detailed planning plan;
- construction of facilities on the territory of complex development in accordance with the Standard of complex development of territories.
*The standard of integrated development of territories is a methodological document “The standard of integrated development of territories (including criteria for evaluating housing construction)”, approved by the decision of the Board of the Joint Stock Company “Kazakhstan Housing Company” dated February 24, 2022 (Protocol No. 14).
The term of financing (crediting) is established by the authorized body of the Unified Operator in accordance with internal regulatory documents.
The remuneration rate (including mixed) is determined by the decision of the authorized body of the Single Operator in accordance with an internal regulatory document providing for the procedure for calculating the cost of products of the Single Operator.
An urban development investment project of a complex development can be carried out by the developer and his authorized companies.
A single operator finances authorized companies that act as the main borrower. The developer acts as a co-borrower. Other persons may participate in the implementation of the project, who may act as pledgers and/or guarantors.
The standard of integrated development
Definitions and roles of project participants:
Unified Housing Construction Operator (Unified Operator) – Joint Stock Company “Kazakhstan Housing Company”/Company;
A developer is a legal entity engaged in the organization of housing construction of apartment buildings at the expense of its own and (or) attracted money through participation in the authorized capital of an authorized company;
An authorized company is a legal entity, one hundred percent of the voting shares (shares in the authorized capital) of which belong to a developer, engaged in the construction of an apartment building, and in the case of involvement of shareholders, engaged in activities to ensure the shared construction of an apartment building and the sale of shares in an apartment building and complies with the requirements of the legislation of the Republic of Kazakhstan on equity participation in housing construction;
The Agreement on the opening of a credit line (hereinafter referred to as the Agreement) is an agreement between the Company and the borrower/co–borrower/mortgagor/guarantor on the provision of a credit line to the latter on terms that allow the borrower/co–borrower to determine the time and amount of obtaining a loan, but within the limits set in the agreement;
A loan agreement is an agreement of a prescribed form concluded between the Company and the borrower/co–borrower/mortgagor/guarantor, regulating the terms and procedure for granting and repayment of a loan within the framework of the Loan Agreement;
The borrower is an authorized company that receives a loan as part of financing by a Single Project Operator;
A co–borrower is a developer who signs a joint loan agreement / pledge agreement with the borrower, and acts under the agreement as a joint debtor for fulfilling obligations to repay the loan received and full payment of the funds received, including remuneration and other loan payments. It is allowed to involve as a co-borrower another legal entity or individual who meets the requirements of the internal regulatory documents of the Unified Operator;
The pledgor is an authorized company and (or) the developer, as well as any natural or legal person who signs a joint loan agreement/pledge agreement together with the borrower/co–borrower and provides collateral for property/property rights to ensure the fulfillment of the obligations of the borrower/co-borrower under the joint loan agreement;
The guarantor is a legal entity and (or) an individual who signs a loan agreement /pledge agreement together with the borrower/co–borrower, and guarantees the fulfillment of obligations to repay the money received and full payment of the loan/ loan received, including remuneration and other loan payments.
Financing mechanism for integrated development
Requirements for obtaining financing
The financing of the borrower (authorized company(s)) is carried out if the project meets the following conditions on the date of application:
- construction of facilities on the territory of complex development according to design and estimate documentation on the territory of the Republic of Kazakhstan (including construction and installation works, author’s and technical supervision) and in accordance with the approved detailed planning plan;
- construction of facilities on the territory of complex development in accordance with the Standard of complex development of territories;
- the borrower has a land plot on the right of ownership or lease (the lease term must end at least 12 months from the end date of the contract);
- the developer has experience in the construction of residential buildings:
- at least 3 years;
- at least 18 thousand sq.m. during construction in Astana, Almaty, Shymkent;
- at least 9 thousand sq.m. during construction in other regions;
- the borrower’s own participation in the project (cash or construction in progress):
- 10% if the plot is privately owned;
- 15% if the plot is leased;
- the developer has a positive capital for the last 2 years according to the financial statements confirmed by the auditor;
- the ratio of the developer’s borrowed capital to its own is no more than 7 during the entire financing period;
- the developer scores at least 60 points on a multifactorial model based on the assessment of indicators and risk factors, according to the Rules for reviewing documents on the construction project of an apartment building for the conclusion of a guarantee agreement approved by Order No. 432 of the Minister of National Economy of the Republic of Kazakhstan dated September 30, 2016 (registered in the Register of State Registration of Normative Legal Acts for No.14312);
- the absence of overdue credit debt for more than 90 days on loans from second-tier banks over the past 24 months, according to information from credit bureaus;
- acceptance of a counter obligation by the borrower to sell part of the housing to a Single operator at prices determined by the relevant document of the State Planning System.
List of documents for applying for financing
Recommendations for creating an application
A list of documents for which frequent comments are identified | Common mistakes that the Applicant makes when applying |
1) The constituent documents of the Borrower/Co-borrower/Pledgor/Guarantor (notarized copies of the articles of association and the founding agreement/decision of the sole founder on the establishment of the company). | Copies of the charter and the founding agreement, as well as amendments and additions to the founding documents must be up-to-date, comply with current legislation, decisions of authorized bodies of legal entities, information on all registration actions of a legal entity, and must also be notarized |
2) Copies of the decisions of the authorized body of the Borrower/The Co-borrower/Pledger/Guarantor on amendments and/or additions to the constituent documents for the last two years (if any). | Decisions should be drawn up in accordance with the norms of civil legislation, correspond to information about all registration actions of a legal entity, and clearly reflect the decisions taken. In case of inconsistency of the name of the developer or an authorized company in the submitted decisions, it is necessary to provide information from the registering authority from the national register of business identification numbers on the previous names of the developer and the relevant state re-registration. |
A list of documents for which frequent comments are identified | Common mistakes that the Applicant makes when applying |
1) A contract of sale (barter, donation or other transaction on the alienation of a land plot), or a decision of judicial authorities on the recognition of the right of private ownership of a land plot, land use rights and other proprietary rights to land (a notarized copy); | Identification characteristics (information about the land plot, including address, registration code of the address (if any), cadastral number, form of ownership, number of components, category of land, divisibility, purpose) specified in the purchase agreement – sale (barter, donation or other transaction on alienation of a land plot), or a decision of judicial authorities on recognition of the right of private ownership of a land plot, land use rights and other proprietary rights to land, an act on the right of private ownership of a land plot (or an act on the right of temporary (paid) land use) and a certificate of registered rights (encumbrances) on real estate and its technical characteristics (F-2) must be identical. Title and identification documents for the land plot must be notarized. The certificate of registered rights (encumbrances) on real estate and its technical characteristics must be current at the time of filing the application. If payment has not been made at the time of the commission of a paid transaction for the purchase of a land plot, it is necessary to provide documents confirming such payment. The land plot must be free from any encumbrances, rights and claims of third parties. |
2) An act on the right of private ownership of a land plot or an act on the right of temporary (paid) land use (a notarized copy); | |
3) Certificate of registered rights (encumbrances) on real estate and its technical characteristics (from the portal "electronic government"); | |
4) Copies of the acts of commissioning of the construction project, taking into account the delivered square meters, confirming the experience of the developer in the construction of apartment buildings, including by state order. To confirm the experience in the construction of multi-apartment residential buildings, a developer not specified in the act of commissioning of the construction project as a customer/ contractor (general contractor), the following copies of documents on the completed construction project are provided: - the act of commissioning the construction project; - a contract providing for the performance of earthworks, the construction of load-bearing and (or) enclosing structures of buildings, the installation of engineering networks, as well as work on the protection and decoration of structures according to the construction project; - the act of work performed under the contract; - a bank account statement or an act of reconciliation of mutual settlements confirming payment under the contract. The developer submits their originals together with the specified documents. | The submitted documents must confirm the experience of the developer in the implementation of multi-apartment residential buildings, including as a customer, contractor (general contractor) in aggregate, for at least three years, with a total area of at least eighteen thousand square meters during construction in cities of republican significance, the capital and at least nine thousand square meters during construction in other administrative-territorial units. In case of inconsistency of the name of the developer in the submitted documents, it is necessary to provide information from the registering authority from the national register of business identification numbers about the previous names of the developer and the conduct of the corresponding state re-registration. |
5) A copy of the contract concluded between the authorized company and the contractor (general contractor) with an approved plan for construction and installation works, accompanied by a copy of documents confirming the authority of the person to sign the contract (decision of the authorized body/order on the appointment of the first head), as well as a copy of the document certifying his identity. If the party to the construction contract is an Authorized FEZ Participant company, information on the volume of purchased materials and (or) equipment, sources of financing for such acquisitions are attached to the application. | A copy of the bank account agreement with a second-tier bank must be stamped by the bank, and this agreement must also contain the account number. |
6) A coupon for receiving a notification of the start of construction and installation works (CMP) / notification of the CMP, if construction has begun. | The general contract must be drawn up in accordance with the norms of civil law, and must also contain correct information on the project, namely: 1) the name of the project must correspond to the expert opinion; 2) the address of the land plot must correspond to the title and identification documents; 3) the bank accounts of the authorized company and the contractor (general contractor) must be in only one second-tier bank; 4) the project implementation period must correspond to the notification of the start of construction and installation work, the application and the schedule of work. Also, copies of documents confirming the authority of the person to sign the contract (decision of the authorized body / order on the appointment of the first head), as well as copies of the document certifying his identity, must be attached. |
7) Documents on the conservation of an object under construction (if available) | In case of temporary suspension of construction, it is necessary to provide all supporting documents on the measures taken to ensure the safety and quality characteristics of structures, materials and equipment of the unfinished construction of the facility for the period of temporary suspension of its construction: acts of conservation indicating the dates, an inventory of unfinished construction with the appropriate seals and signatures of the parties involved in the conservation of the object. |
8) Copyright supervision agreement | The contract should contain information about the services provided for the declared project, the amount of the contract should not exceed the amount provided for in the estimated documentation, the design company that prepared the design and estimate documentation should act as the author's supervision, in case of replacement of the author's supervision, a document on the delegation of rights by the design organization should be provided. |
9) Technical supervision agreement | The contract must contain information about the services provided for the declared project, the amount of the contract must not exceed the amount provided for in the estimated documentation. |
10) Conclusion/technical inspection confirming the quality of the completed CMP, conducted by an engineering company entitled to engage in this type of activity in accordance with the legislation of the Republic of Kazakhstan, documents confirming the cost of the work performed, if construction has begun | In the case of construction that has begun, it is necessary to provide a technical inspection report describing the technical condition of structural reliability and stability of buildings and engineering and communication systems, performed by an accredited organization. The conclusion must be accompanied by documents confirming the costs directly for the declared project (acts of completed works, payment orders) with seals and signatures of the customer, contractor, author's and technical supervision (corresponding to concluded contracts), costs of construction and installation work, development of design estimates, examination, services of author's and technical supervision must comply with the design and estimate documentation: do not exceed the amounts provided for in the design and estimate documentation, as well as comply with the current condition of the facility. The cost of purchasing materials can only be reflected for projects related to the special economic zone. |
11) Technical documentation, including, but not limited to design and estimate documentation with the conclusion of a comprehensive non-departmental expertise, construction permits, etc. | The design and estimate documentation must be provided in full (in electronic form in PDF format (Portable Document Format), as well as the source files of computer-aided design systems) with a positive conclusion of a comprehensive non-departmental examination and a letter of permission from the copyright holder and the author of the project to receive design estimates for the declared project from RSE Gosexpertiza (when passing the project of the state comprehensive non-departmental examination). If the customer of the design and estimate documentation is another organization (including the conclusion of a comprehensive non-departmental examination issued to another organization), appropriate documents confirming the ownership rights of the authorized company to the design and estimate documentation with the conclusion of a comprehensive non-departmental examination (acceptance certificate, contract) must be provided. At the same time, the conclusion of a comprehensive non-departmental examination must be valid (validity period: no more than 3 years, if construction and installation work has not begun). Also, in the summary calculation of the estimated section of the estimated documentation, the costs of construction and installation work, author's and technical supervision of the residential part, parking spaces and commercial premises, if any, should be allocated. |
12) Design permits | The following design permits must be provided: copies of the design resolution, architectural and planning assignment, center plan, act of land selection. A document on approval of the draft design, issued by the authorized body, generated on the portal, must also be provided www.elicense.kz . |
13) Technical conditions | Technical conditions must be provided for the connection of all engineering networks (heating networks, electric networks, gas supply, water supply, sewerage). The technical specifications must be valid, issued by the relevant utilities, issued to an authorized company/developer, or documents on the transfer of technical specifications to an authorized company / developer must be provided. A letter about the availability of backbone networks must also be provided. |
14) A project cost plan, taking into account the actual costs incurred and actual sales as of the date of application, indicating the schedule for financing the project, signed by the applicant and stamped | A construction project financing plan signed by the heads of an authorized company and stamped, as well as electronically in xls/xlsx/xlsm format. At the same time, the financing plan must contain the types of work in accordance with the design and estimate documentation, the cost of the types of work must correspond to the estimated documentation. The financing plan should contain other costs: for design and survey work, the cost of passing the examination, author's and technical supervision. The financing plan must comply with the regulatory deadlines for construction, the start date of financing must correspond to the period of issue of the guarantee, the deadlines for the specified types of work must comply with the approved construction and installation work plan attached to the contract. The financing plan should contain information about the costs incurred for construction in progress, as well as payment of other costs and the residual value for concluding a guarantee agreement (when construction has begun). The sales plan should contain information about apartments, commercial premises and parking spaces, indicating the area and the sale price per 1 sq.m. Information on apartments, parking spaces, and commercial premises must strictly comply with the design and estimate documentation. The sales plan must comply with the regulatory construction deadlines. The sales schedule should cover the costs of the construction of the facility (including taking into account its own participation). |
15) Detailed plan of complex development | A detailed integrated development plan (master plan) must comply with the requirements of the Standard for Integrated Development of Territories approved by JSC KZHK and include a design solution developed by the general designer, approved by the developer and agreed upon by an authorized company indicating the construction dates of facilities, and contain a descriptive part of the integrated development project. |
A list of documents for which frequent comments are identified | Common mistakes that the Applicant makes when applying |
1) A document on the state registration/re-registration of a legal entity (from the electronic government portal); | The certificate of state registration/re-registration of the legal entity and the certificate of all registration actions of the legal entity must be current at the time of filing the application. |
2) A certificate of all registration actions of a legal entity (from the e-government portal). | |
3) Certificate of participation of the Borrower/ Co-borrower/ Mortgagor /Guarantor and their shareholders/participants in legal entities, branches and representative offices | Certificate of participation in legal entities, branches and representative offices issued by the authorized body, generated on the portal www.egov.kz . |
4) A certificate for the Borrower / Co-borrower/ Mortgagor/ Guarantor on the absence (availability) of tax arrears, arrears on mandatory pension contributions and social contributions | A certificate on the absence (presence) of tax arrears, arrears on mandatory pension contributions and social contributions, issued within 10 calendar days before the date of filing the application, issued by the authorized body, generated on the portal www.egov.kz and/or www.cabinet.salyk.kz . |
5) The decision of the relevant management body (the sole participant, the general meeting of participants, etc.) of a legal entity to pledge the relevant property to JSC "KZHK" (providing a guarantee) as security for the fulfillment of obligations to JSC "KZHK" for the proper return of the loan product, with the right to out-of-court sale of the pledged property | The decision must be drawn up in accordance with the norms of civil law. The decision of the authorized body should clearly state the intentions to transfer JSC "KZHK" as collateral for property. The decision must contain a list of the property transferred by JSC "KZHK" as collateral, the name of such property, its quantity, location, technical characteristics (specification) and other signs that allow identifying the specified property, as well as contain information about the main obligation under which security is provided and the indication of the person who is entrusted with signing contracts with JSC "KZHK"). |
A list of documents for which frequent comments are identified | Common mistakes that the Applicant makes when applying |
1) Financial statements of the Borrower/ Co-Borrower/Guarantor for the 3 years preceding the current year, while for the last two reporting years, certified by auditors and for the reporting period of the year (1st quarter, half year, 9 months) | It is necessary to provide annual audited statements for the last 2 years and operational financial statements for the last reporting period (1st quarter, half-year, 9 months) on the date of filing the application. The audit report must be certified with the seal of the Borrower/Co-Borrower/Guarantor and auditor, signed by the first head of the Borrower/ Co-Borrower/Guarantor and the accountant of the Borrower/ Co-Borrower/Guarantor (if any), as well as employees of the auditing company that conducted the audit. The financial statements should contain an explanatory note with the attachment of detailed transcripts for each article of the form: Statement of financial position; (If the Borrower is a Co-borrower/The Guarantor has subsidiaries or is part of a larger group of companies, in order to assess the financial performance and financial position of the entire group, it is necessary to provide consolidated financial statements for the group, as well as for all affiliated companies separately. The financial statements of the general contractor are also provided. If the legal entity was registered less than three years ago, financial statements are provided for the periods preceding the current year, from the date of registration of the legal entity). Transcripts of the articles of the financial statements are provided with the reflection, inclusive, but not limited to, the following information: the composition and dynamics of accounts receivable and payable, indicating the name of the debtor/creditor, the cause of occurrence, date of formation, maturity date, information on the presence of overdue obligations of the debtor/creditor and measures taken to fulfill them; Transcripts of financial statements are not limited to the specified list and may contain any other information characterizing the financial position of the organization. Additional information is confirmed by the signature of the first head and the chief accountant and is provided together with the financial statements. If the Borrower is a Co-borrower/The Guarantor has subsidiaries or is part of a larger group of companies, it is necessary to additionally provide information and transcripts to the consolidated financial statements of the group, as well as to the financial statements for all affiliated companies separately. |
2) The documents provided for calculating the value of the coefficient calculated by the ratio of debt and equity capital should not exceed seven during the entire term of financing; | When calculating the value of the coefficient calculated by the ratio of debt and equity, it must be borne in mind that borrowed capital means all financial liabilities reflected in the Balance Sheet of the developer, which were attracted with the condition of their urgency and repayment. |
2) Документы, предоставленные для расчета значения коэффициента, рассчитываемого по соотношению заемного и собственного капитала, не должны превышать семи в течение всего срока финансирования; | If the authorized company shows funds on the current account, it is necessary to specify the sources of formation of these funds - borrowed capital / financial assistance (specify the counterparty who provided these funds and on what terms) or own funds. |
4) Business plan | A business plan with an analysis of the market segment in which it is planned to implement an urban investment project with a financial model in Excel format. The basic structure of the business plan for a construction project should contain a summary of the project, information about the project participants, information about the integrated development project, marketing analysis and strategy, financial analysis, information on legislative and legal aspects, socio-economic impact, as well as conclusions and recommendations. |
A list of documents for which frequent comments are identified | Common mistakes that the Applicant makes when applying |
1) Documents confirming the right to the property provided as collateral (originals of title documents for real estate are subject to storage in the Company's vault), documents on the basis of which the pledgor acquired the right to the property offered as collateral (depending on the basis of the acquisition) | The applicant provides originals of title documents for real estate, documents on the basis of which the pledgor acquired the right to the property offered as collateral (depending on the basis of the acquisition):
|