Land code of the Republic of Kazakhstan

Land Code of the Republic of Kazakhstan

Unofficial translation

Code of the Republic of Kazakhstan dated 20 June, 2003 No.442.

Chapter 1. General provisions

Article 1. Land fund of the Republic of Kazakhstan

In accordance with the designation, the land fund of the Republic of Kazakhstan shall be divided into the following categories:

1) agricultural lands;

2) lands of inhabited localities (cities, rural settlements and rural-type settlements);

3) lands for industry, transport, communication, needs of space activities, defence, national security and other non-agricultural purposes;

4) specially protected natural areas, lands of health-improving, recreative and historical-cultural destination;

5) forest fund lands;

6) water fund lands;

7) reserved lands;

The lands, mentioned in paragraph 1 of this Article shall be used in accordance with established designation. Legal regime of lands shall be determined proceeding from their belongings to one or another category and permitted use in accordance with zoning of lands (territory).

3.The following zones shall be distinguished on natural environments in the territory of the Republic of Kazakhstan:

1) forest-steppe;

2) steppe;

3) dry-steppe;

4) semi-desert;

5) desert;

6) submontane and desert and steppe;

7) subtropical and desert;

8) subtropical and submontane and desert;

9) central Asian mountainous;

10) South-Siberian mountainous.

Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 06.01.2012 No. 529-IV (shall be enforced upon expiry of twenty one calendar days after its first official publication); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 2. Rating of lands in categories, their transfer from one category to another

Rating of lands in categories, mentioned in Article 1 of this Code, as well as transfer of lands from one category to another, linked with change of their designation shall be performed by the Government of the Republic of Kazakhstan, local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance within their competence upon provision and seizure of land plots, including for the state requirements, established by this Code or other legislative acts of the Republic of Kazakhstan.

Footnote. Article 2 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 115 (the order of enforcement see Article 2 of the Law No.116); dated 06.07.2007 No. 279; dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 3. Land ownership

Land in the Republic of Kazakhstan shall be in the state ownership. As well, land plots may be in the private ownership on the grounds, conditions and within the ambit established by this Code.

Article 4. Principles of land legislation

Land legislation of the Republic of Kazakhstan shall be based on the following principles:

1) integrity, inviolability and inalienability of the territory of the Republic of Kazakhstan;

2) preservation of the land as a natural resource, living and activity bases of the people of the Republic of Kazakhstan;

3) protection and rational use of lands;

4) safety ecologic provision;

5) intended land use;

6) priority of agricultural lands;

7) provision of information about lands condition and its accessibility;

8) state support of the activities for use and protection of lands;

9) prevention of endamagement to the land or removal of its consequences;

10) serviceability for land use.

Article 5. Objectives of land legislation

Objectives of the land legislation of the Republic of Kazakhstan shall be: establishment of the bases, conditions and limits for the origin, modification and termination of land title and land use right, procedure for the exercise of the rights and obligations of land plots’ owners and land users; regulation of land relations in order to provide the rational use and protection of lands, soil fertility recovery, preservation and improvement of the natural environment; arrangement of conditions for equal development of all the forms of husbandry; protection of the rights to land of individuals and legal entities and the state; creation and development of the property market; consolidation of legality in the field of land relations.

Article 6. Land legislation

Land legislation in the Republic of Kazakhstan shall be based on the Constitution of the Republic of Kazakhstan and consist of this Code and regulatory legal acts of the Republic of Kazakhstan adopting in accordance with this Code. Features of legal regulation of certain categories of land of the land fund of the Republic of Kazakhstan are established by laws of the Republic of Kazakhstan.
Relations on use and protection of mineral resources, water, natural air, forests and other vegetation, animal world, objects of environment that have a special ecological, scientific and cultural value, specially protected natural areas shall be regulated by the special legislation of the Republic of Kazakhstan.
Exercise of rights by the subjects of land relations belonged to them shall not harm the land as a natural resource and other objects of environment, as well as the rights and legal interests of other persons.
Property relations on possession, use and disposal of land plots, as well as on consummation of transactions with them shall be regulated by the civil legislation of the Republic of Kazakhstan unless otherwise provided by the land, environmental, forestry, water legislations of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan on subsurface resources, on plant and animal life, on specially protected natural areas of the Republic of Kazakhstan.
The rights of individuals and legal entities in the field of land relations may not be limited, except as expressly provided for by laws of the Republic of Kazakhstan.
Foreign persons, stateless persons and foreign legal entities shall use the rights and incur obligations in land legal relations on an equal basis with citizens and legal entities of the Republic of Kazakhstan unless otherwise provided by this Code or other legislative acts of the Republic of Kazakhstan.
Land use right of other states in the territory of the Republic of Kazakhstan shall be originated in accordance with international treaties, ratified by the Republic of Kazakhstan.

Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 9 January, 2007 No. 213 (the order of enforcement see Article 2); № 48-VI as of 20.02. 2017 (shall take effect ten calendar days after its first official publication); № 126-VI as of 27.12.2017 (shall take effect six months after its first official publication).

Article 7. International treaties

If an international treaty, ratified by the Republic of Kazakhstan establishes other rules than those contained in this Code, the rules of mentioned treaties shall be applied. International treaties, ratified by the Republic of Kazakhstan shall be applied directly to land relations, except the cases when it follows from the international treaty that the application requires the issuance of legislative act.

Article 8. Land zoning

Zoning – determination of land areas with establishment of their designation and use regime.

1-1. Land zoning in inhabited localities shall be conducted in order to establish the borders of evaluative zones and evaluating factors to the base rates of fees for land plots.

Organization of land zoning on the levels of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance shall be carried out by the relevant authorized bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance. Draft (diagram) of land zoning shall be approved by the relevant representative bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance.
Is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116).
Purposeful regime of use of the territory, determined upon land zoning shall be obligatory for the subjects of land legal relations.
Land zoning shall be conducted by decision of local executive bodies and shall be carried out at the expense of budget funds.

Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 9. Payments for land

Land plots being in ownership, permanent land use or primary free temporary land use shall be levied by land taxes in accordance with the tax legislation of the Republic of Kazakhstan.
Fee for use of land plots provided for temporary compensated land use (lease) by the state shall be charged.

Procedure for calculating and payment to the budget income of fee for land use shall be determined in accordance with the tax legislation of the Republic of Kazakhstan.

Upon provision of the land plot in the territory of the Republic of Kazakhstan to the other states on lease, the amount of fee for land use shall be determined by international treaties, ratified by the Republic of Kazakhstan.

Sale of land plots from the state property to the private ownership on a remuneration basis shall be carried out in a lump sum or by installment by decision of local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, akim of city of district subordinance, rural settlement, village, rural district within its competence on provision of land plots, with the exception of cases when the land plot shall be provided in the ownership without compensation to:

1) citizens of the Republic of Kazakhstan - owners of housing units as an ideal share in the objects of condominiums;

2) citizens of the Republic of Kazakhstan for personal subsidiary husbandry, gardening, personal housing and suburban construction in accordance with paragraph 2 of Article 50 of this Code;

2-1) scientific centers with international participation, determined in the manner, established by the Government of the Republic of Kazakhstan;

2-2) domestic industrial enterprises, the list and selection criterions for short listing of which shall be determined by the Government of the Republic of Kazakhstan;

2-3) small business entities for objects transferred to them in accordance with paragraph 2 of Article 234 of the Entrepreneurial Code of the Republic of Kazakhstan;

3) in other cases provided by this Code and legislative acts of the Republic of Kazakhstan.

Fee for the compensated granting (sale) of the right of private ownership to land plot (hereinafter – land fee) or right of temporary compensated land use (lease) (hereinafter – fee for sale of leasehold) shall be calculated on the basis of cadastral (assessed) value calculated on the base rates of the fee for land plots with the application of evaluating factors.

Funds received from the sale of land plots of the agricultural status by the state to the private ownership shall be included to the National Fund and shall be used in the manner prescribed by the legislation of the Republic of Kazakhstan.
In change of designation of the land plot, with the exception of the land plot provided with the condition established by paragraph 6 of Article 44 of this Code for construction of objects, provided by the comprehensive plan of the inhabited locality, provided without compensation for personal subsidiary husbandry, gardening, personal housing and suburban construction management and other purposes, in which this Code provides paid grant of land plot, the owner of the land plot shall be obliged to pay the sum equal to the cadastral (assessed) value of the land plot to the budget income provided by the legislation of the Republic of Kazakhstan for the changed designation.

In the exceptional instance provided by the first part of this paragraph, the local executive body in the change of designation of the land plot shall coordinate with the cadastral (assessed) value of the land plot unliable to be paid to the budget with the local representative body at place of location of the land plot.

If an owner of an agricultural land plot, and also of a plot for agricultural use inside a populated locality, except for lands forcibly alienated for state needs, changes its designated purpose for that not related to agriculture and forestry, he/she/it must pay to the budget an amount equal to the difference between the cadastral (appraised) value stipulated by the legislation of the Republic of Kazakhstan for the changed designated purpose and the price paid to the state for this land plot before.

Land plots and the land use right in the form of state land grants are provided to a legal entity of the Republic of Kazakhstan implementing an investment project in accordance with this Code and the investment legislation of the Republic of Kazakhstan.

Decision of the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance about the provision of the land plot in capacity of the land grant shall be adopted within its competence upon provision of the land plots on the basis of decision of authorized investments body.

Upon selling or leasing of the land plot by the owner, selling of the land use right to other persons by the non-state land user, as well as in leasing of the land plot by him to the secondary land users, the amount, terms and payment forms for land plots shall be established by the buy and sell agreement or contract of tenancy in accordance with the civil legislation of the Republic of Kazakhstan.
A land plot may be provided as a payment for the authorized capital (property) of social-entrepreneurial corporations at a price calculated on the basis of the cadastral (appraised) value of the land plot.

In this case, social-entrepreneurial corporations’ ownership of a land plot shall be registered after state registration of the issue of authorized shares.

Footnote. Article 9 as amended by the Laws of the Republic of Kazakhstan dated 04.05.2005 No. 48; dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 05.07.2006 No. 162 (shall be enforced from the date of its first official publication); by the Law of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 13.02.2009 No. 135-IV (the order of enforcement see Article 3); dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten days from the date of its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); № 376-V as of 29.10.2015 (shall take effect on 01.01.2016); № 156-VI as of 24.05.2018 (shall take effect ten calendar days after its first official publication); № 217-VI as of 21.01.2019 (shall take effect ten calendar days after its first official publication).

Article 10. Base rates of payment for land plots and cadastral (assessed) value of a land plot

Base rates of payments for agricultural land plots at their provision to the private ownership, leasing by the state or state land users, the amount of fee for sale of leasehold and amount of fee for establishment of the private easement on land plots in the state ownership and not granted to land use, shall be established by the Government of the Republic of Kazakhstan.

Base rates of payments for land plots at their provision to the private ownership in administrative center of oblast, cities of republican significance, the capital, cities of oblast and district subordinance, rural settlements and rural-type settlements shall be established by the joint decisions of representative and executive bodies of oblasts, cities of republican significance, the capital depending on local conditions and specifics.

By this, rates of payment for land use shall be established at least equal to the amount of rates of land tax.

Fee for sale of lease right shall be established on a case from cadastral (assessed) value of a specific land plot.

The cadastral (appraised) value of a specific land plot shall be determined by the “Government for Citizens” State Corporation, which maintains the state land cadastre, in accordance with the base rates of a payment for land plots provided by the state into private ownership for a fee or for lease, applying adjustment (raising or lowering) factors to them, and a certificate of determination of the cadastral (appraised) value of the land plot shall be issued and approved within three working days by the authorized body of a region, a city of republican significance, the capital, a district, a city of regional significance within the competence of local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance with regard to the provision of land plots.

Base rates of payments for land plots granted to the private ownership in inhabited localities (rural settlements and rural-type settlements) located in suburban zones of Astana, cities of republican significance, regional centers and resort zone shall be increased twofold.

Cadastral (assessed) value of the additional land plots granted to citizens of the Republic of Kazakhstan to the private ownership for personal subsidiary husbandry, gardening, personal housing and suburban construction management beyond the established standards of free transfer shall be determined based on the base rates of payments for land plots of rural-type settlements which are the nearest to the assessable plots.
The cadastral (appraised) value of land plots, located outside of populated localities, (to be) provided to citizens and non-state legal entities for their development or having buildings (constructions, structures) and their complexes, including lands intended for the maintenance of buildings (constructions and structures) in accordance with their intended use, except for the lands specified in paragraph 4-1 of this article, shall be determined on the basis of the size of ten percent of base rates of a payment for land plots (to be) provided for the specified purposes in the cities of regional significance that are closest to the land plots under appraisal.

4-1. On land plots located beyond the boundaries of inhabited localities granted for management of peasant or agrarian economy and agricultural production for built-up buildings (constructions, installations) needed for functioning of agricultural economy according to Article 97 of this Code, including lands intended for their service, the cadastral (assessed) value shall be determined based on amount of base rates of payments for land plots at their provision to private ownership for agricultural purposes.

In determining of cadastral (assessed) value of land plots mentioned in paragraphs 3 and 4 of this Article, the evaluating factors shall be applied for the remoteness of these land plots from the centers of service sector in accordance with subparagraph 3) of paragraph 4 of Article 11 of this Code.

Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06 June, 2007 No. 279; dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); № 408-V as of 17.11.2015 (shall take effect on 01.03.2016); № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication).

Article 11. Evaluating factors to base rates of payments for land plots

Boundaries of evaluation zones and evaluating factors to the base rates of payments for land plots in cities of district subordinance, rural settlements and rural-type settlements shall be approved by the decision of district representative body on the suggestion of local executive body of district, and in cities of oblast subordinance, cities of republican significance, the capital – by the representative body of oblast, city of republican significance, the capital on the suggestion of local executive body of oblast, city of republican significance, the capital.

By this, the ceiling (maximum) amount of multiplying or decreasing factor shall not exceed twofold size.

In determining of cadastral (assessed) value of land plots granted by the state for agricultural production conducting, the evaluating factors (multiplying or decreasing) shall be applied depending on quality of land plot, its location, water supply, remoteness from the service center.
The quality of land plots by types of farm lands and soil shall be established on the basis of land and cadastral maps, materials of soil, geobotanical, soil and reclamation and other surveys:

1) for determining of value of the land plot used as a part of arable land, depending on its reclamation condition and ground slope, the following evaluating factors shall be applied:

reclamation condition of lands:

good (non-saline and non- alkali, non-stony, non-eroded soils; cover thickness of subsoil waters: fresh – more than 3 m., mineralized – more than 6 m.) – 1,2;

satisfactory (soils are subsaline, weakly solonetzic, slightly stony, weakly eroded; cover thickness of low-salt subsoil waters 3-6 m.) – 0.9;

unsatisfactory (soils are moderately and severely saline, moderately and strongly solonetzic, stony, moderately and severely eroded; cover thickness of subsoil waters with salinity level more than 1 g/L – less than 3 m.) – 0,6;

ground slope:

to 1 degree – 1; from 1 to 3 degrees – 0,98; from 3 to 5 degrees – 0,96; from 5 to 7 degrees – 0,93; more than 7 degrees – 0,86;

2) for determination of the value of land plots used as a part of the natural forage lands (hay lands, pastures) depending on their quality and ground slope of the field the following evaluating factors shall be applied:

advanced hay and pastures:

reclamations; with complementary seeding of perennial grasses – 1,2;

simplificated improvement without change of species composition of plant cover – 1,1;

condition of lands occupied by hay lands:

good (land plot is clean, non-bushy, unforested, non-stony with well-defined characteristics of zonal vegetation) – 1,2;

satisfactory (land plot is weeded, bushy, forested, stony with breaches of zonal structure of plant cover. Indicated features are revealed on the area to 40 percent of the territory) – 0,9;

unsatisfactory (land plot is weeded, bushy, forested, stony with a breach of zonal structure of plant cover. Indicated features are revealed on the area over 40 percent of the territory) – 0,7;

ground slope:

to 3 degrees – 1; from 3,1 to 6 degrees – 0,95; from 6,1 to 10 degrees – 0,9; from 10,1 to 20 degrees – 0,85; more than 20 degrees – 0,5;

condition of lands occupied by pastures:

good ( land plot is clean, non-bushy (by ungrazed shrubs), unforested, nonstony with well-defined characteristics of zonal vegetation) – 1,2;

satisfactory (land plot is weeded, bushy (by ungrazed shrubs), forested, stony with a breach of zonal structure of plant cover, with existence of overgrazed pastures, denuded external solonchaks, sodic soils, takyrs. Indicated features are revealed on the area to 40 percent of the territory) – 0,9;

unsatisfactory (land plot is weeded, bushy (by ungrazed shrubs), forested, stony with breaches of zonal structure of plant cover, with existence of overgrazed pastures, denuded external solonchaks, sodic soils, takyrs. Indicated features are revealed on the area to 40 percent of the territory) – 0,6;

ground slope:

to 12 degrees – 1; from 13 to 20 degrees – 0,8; over 20 degrees – 0,6.

For determination of the value of land plots depending on watering of the land plot, its location in reference to economic center, remoteness of the land plot from the service sector, the following evaluating factors shall be applied:

1) watering (water supply) of the land plot:

waterlogged – 1,2; unwatered – 0,8;

2) location area of the land plot in reference to economic center, in kilometers:

to 5 – 1,2; from 5 to 10 – 1; from 10 to 20 – 0,9; from 20 to 30 – 0,8; over 30 – 0,7;

3) remoteness of the land plot from service sector depending on the quality of roads:

Distance, km

Hard surfaces road

Crushed rock road

Unmet ailed road

to 20

21-40

41-60

61-80

81-100

Over 100

1,4

1,2

1,0

0,8

0,6

0,5

1,1

0,9

0,7

0,5

0,7

0,6

0,5

In existence of several factors increasing or decreasing the cadastral (assessed) value of the land plot, the factors shall be multiplied.

Total size of increase or decrease of cadastral (assessed) value of the land plot for agricultural production conducting shall not exceed fifty percent from the base rates of payments established in accordance with paragraph 1 of Article 10 of this Code.

Footnote. Article 11 as amended by the Laws dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days from its first official publication).

Article 12. Basic definitions used in the Code

The following basic definitions shall be used in this Code:

1) The “Government for Citizens” State Corporation (hereinafter referred to as the State Corporation) is a legal entity established by the decision of the Government of the Republic of Kazakhstan to provide public services, services for the issuance of technical conditions for connecting to networks of natural monopoly entities and services of quasi-public entities in accordance with the legislation of the Republic of Kazakhstan, to receive applications for the provision of public services, services for the issuance of technical conditions for connecting to the networks of natural monopoly entities, services of quasi-public entities and to deliver their results to a service recipient on the “one stop” principle, and also to provide public services in electronic form, to carry out state registration of rights to immovable property at the place of its location;

1-1) expropriation - the action of state bodies aiming to terminate a private owner’s or land user’s right of ownership or land use of a land plot in the manner and subject to conditions provided for by this Code and laws of the Republic of Kazakhstan;

2) special land fund – reserve lands formed due to the farm lands, as well as land plots not used for their intended purpose or used with a breach of the legislation of the Republic of Kazakhstan, and lands abandoned by the owners of conditional land shares and land users;

3) affiliated person – affiliated organization in reference to non-state legal person or recognized as dependent joint-stock society;

4) primary land users – persons whose land use right is gained directly from the state in the manner provided by Article 32 of this Code, or from other primary land users in the procedure of alienation of this right;

4-1) boundary of evaluation zones – border of part of inhabited locations territory where the evaluating factors shall be established to the base rates of payment for land plots granted by the state depending on infrastructure level;

5) united state land register – outcome document of registration of land plots as a part of the state land cadastre, containing legal, identity, economic and other characteristics;

6) right of temporary use of land plot which is in the private ownership, - right of subject to own and use the land plot arising on the basis of agreement of temporary use of the land plot between owner of the land plot and temporary user (land tenant or free user);

7) land – territorial space within which the sovereignty of the Republic of Kazakhstan, natural resource, all common production means and territorial basis of any labour process shall be established;

8) right to dispose of land – legally provided right of the state to determine the legal fate of the land in the territory of the Republic of Kazakhstan, as well as right of the private ownership to make transactions not prohibited by the Laws of the Republic of Kazakhstan;

8-1) land management project - a layout (plan) of a land plot, information on the area of a land plot, its borders and location, information on adjacent land plots’ owners and land users and on land plots’ encumbrances and easements.

9) decisions of the local executive bodies – legal act of local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance, as well as akims of cities of district subordinance, rural settlements, auls, villages, rural districts on granting of the right to land plot;

10) lease payment for land – payment for temporary land use for a fee;

11) right to possession of land - legally provided opportunity to perform the factual possession of land;

12) land cadastre – system of information of land, component of the state cadastres;

12-1) the land commission - a collegial body under a local executive body set up in accordance with Article 43 of this Code to consider applications (requests) and prepare opinions on granting rights to land plots (on determining the winner of a competition for granting the right to temporary land use (lease) for a fee for running a peasant or farm enterprise, agricultural production), on changing the designated purpose of land plots and on reclassifying the water fund lands;

13) authorized body on land relations - structural subdivision of local executive bodies of oblast, the capital, district, city of oblast subordinance exercising functions in the field of land relations (hereinafter – authorized body of oblast, city of republican significance, district, city of oblast subordinance);

13-1) the authorized body for control over land use and protection - a structural unit of local executive bodies of a region, a city of republican significance, the capital, executing state control over land use and protection (hereinafter referred to as the authorized body for control over land use and protection);

14) object of land relations – land within the territory of the Republic of Kazakhstan, separate land plots independently from what is located on them, and from legal foundations of assignment of separate subjects, as well as right of land plots and land shares;

15) land legal relations – legal relations for use and protection of lands linked with land management, assignment of land plots to the separate subjects, exercise of right of ownership and other rights of land;

16) subjects of land legal relations – physical and legal entities, as well as states which are the participants of land legal relations and thereby having rights and obligations in this legal relation;

17) land use right – right of the person to possess and use a land plot which is in the state ownership with no fixed term (permanent land use) or within specified time (temporary land use) for a fee and (or) without compensation;

18) land resources – land which shall or may be used in the course of economic or other activity for satisfaction of material, cultural and other needs of society;

19) central authorized body on land management – state body performing the regulation in the field of the land relations (hereinafter – central authorized body);

20) is excluded by Law of the Republic of Kazakhstan № 269-V as of 29.12.2014 (shall take effect on 01.01.2015);

20-1) the register of persons from whom land plots were forcibly seized - a set of data recorded on paper and (or) electronic media identifying individuals and legal entities from whom land plots were forcibly seized pursuant to a final and binding court decision, in accordance with Articles 92 and 93 of this Code;

21) land plot – allocated part of land in contour boundaries assigned in the manner prescribed by this Code to the subjects of land relations;

22) fee for selling the leasehold of land plot – lump-sum payment for granted on the basis of right of temporary land use (lease) land plot for a fee, which is in the state ownership;

23) right of private ownership for a land plot – right of citizens and non-state legal entities to possess, use and dispose of land plots belonged to them on the basis, conditions and within the ambits established by this Code;

24) land title document – document confirming approach of legal facts (legal composition) on the basis of which the right of land plot shall be arising, changed or terminated, including agreements, court judgements, legal acts of executive bodies, heirship certificate, transfer act or division balance sheet upon insolvent reorganization of non-state legal entities having in possession the land plot on the basis of right of ownership or ransomed a right of temporary land use (lease) for a fee;

25) identity number for land plot – document containing identifying characteristics of the land plot essential for the purpose of land, legal and town-planning cadastres conducting;

26) pledge of land plot or land use right – based on agreement of the pledge or under the Laws of the Republic of Kazakhstan the method of ensuring performance of obligations in which the creditor (pledgeholder) in case of secured obligation default by debtor shall have the right to find fulfillment from the cost of laid land plot or land use right with preference over other creditors of the person owns this land plot or land use right (pledger) unless otherwise provided by the Civil Code of the Republic of Kazakhstan;

27) unauthorized occupation of a land plot – occupation of another’s land plot without permission of owner of the land plot or land user, as well as occupation of the land plot in the state ownership and not provided for land use without relevant decision of the Government of the Republic of Kazakhstan or local executive body;

27-1) land cadastral plan of a land plot (hereinafter referred to as the land cadastral plan) - a document containing identification characteristics of a land plot provided for construction within the boundaries of a populated locality, which are necessary for maintaining land, legal and urban planning cadastres;

28) land share – quantitatively fixed partnership share with other persons in rights and obligations on land plot, apportionment of which may be performed subject to cases and conditions established by this Code and other Laws of the Republic of Kazakhstan;

29) immigrant land fund – land plots reserved for assignment to oralmans and land plots forming part of special land fund;

30) cadastral (assessed) value - calculated value of the land plot applied upon selling of the land plot or right of leasehold determined on the basis of base rates of payment for land plots, clarified on a periodic basis according to the official statistics information about common inflation rate and evaluating factors to them;

31) secondary land users – persons received the temporary land use right on the basis of agreement of the secondary land use from the primary land user, reserving this status;

32) condominium – a special form of ownership (other right) of realty in which the particular parts of the realty are in a separate (individual) propriety (other right) of individuals and legal persons, and those parts of realty which are not in a separate propriety, including the land plot belong to them on the basis of right of common participatory share ownership (other common right) and are not separate from the rights of parts of realty which is in a separate (individual) propriety (other right);

32-1) automated information system of the state land cadastre - an information system designed to maintain the state land cadastre and containing qualitative and quantitative characteristics of land plots, including those of their boundaries, as well as information on land plot owners and land users;

33) state land users – state republic and municipal legal entities;

34) state land grants - land plots provided on the basis of the right of temporary free land use to a legal entity of the Republic of Kazakhstan for implementation of an investment project followed by free transfer into ownership or land use in the manner prescribed by this Code and the investment legislation of the Republic of Kazakhstan;

35) non-state land users – citizens and (or) non-state legal entities;

36) objects of right of ownership – lands which are in the state and private ownership;

37) personal subsidiary husbandry - type of activity for satisfaction of own needs on the land plot located in the rural area and suburban zone;

38) easement - right of limited designated use of another’s land plot, including for the purposes of passage, thoroughfare, laying of communications and operations, hunting and fish farms and other purposes;

39) soil layer - hanging layer of the dry land of the Earth, special natural formation having a structure, composition and characteristic inhering only in it;

40) base rate of payment – standard price of the land plot for determining of its cadastral (assessed) value upon granting of right of private ownership of land plot by the state or selling of the temporary compensated land use right (lease);

41) permanent land users – persons whose land use right is not limited in time;

42) temporary land users – persons whose land use right is limited by specified period;

43) national land users - citizens of the Republic of Kazakhstan, legal entities established in accordance with the legislation of the Republic of Kazakhstan;

43-1) is excluded by Law of the Republic of Kazakhstan № 156-VI as of 24.05.2018 (shall take effect ten calendar days after its first official publication);

44) conditional land share – quantitatively certain share of the members of dissolved or reorganized kolkhozes, employees of the state agricultural organizations reformed into non-state agricultural organizations, as well as other persons stated in this Code, in accordance with which grant of land titles, previously included in composition of land use of mentioned organizations shall be performed or other rights provided by this Code shall be exercised;

45) foreign land users – foreign persons, stateless persons, legal entities established in accordance with the legislation of the foreign states (foreign legal entities), foreign states, international associations and organizations;

46) functional zone - a reference zone, which includes a group of designated purposes of land plots in populated localities with a single mode of their use.

Footnote. Article 12 is in the wording of the Law of the Republic of Kazakhstan dated 06.07.2007 No. 279; as amended by the Laws of the Republic of Kazakhstan dated 26.07.2007 No. 311; dated 19.03.2010 No. 258-IV; dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication); № 225-V as of 02.07.2014 (shall take effect on 01.01.2015); № 239-V as of 29.09.2014 (shall take effect ten calendar days after its first official publication); № 269-V as of 29.12.2014 (shall take effect on 01.01.2015); № 376-V as of 29.10.2015 (shall take effect on 01.01.2016); № 408-V as of 17.11.2015 (shall take effect on 01.03.2016); № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication); № 156-VI as of 24.05.2018 (shall take effect ten calendar days after its first official publication).

Chapter 2. Competence of state bodies in the field of land relations

Article 13. Competence of the Government of the Republic of Kazakhstan

Competence of the Government of the Republic of Kazakhstan in the field of regulation of land relations shall include:

1) development of the focal points of a state policy in the field of use and protection of land fund of the Republic;

2) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);

3) provision and expropriation of land plots, also for state needs, from lands of all categories in cases of creation and expansion of specially protected natural areas of republican significance, fulfillment of international obligations;

3-1) transfer of specially protected natural areas to reserve lands on the suggestion of authorized state body in the field of specially protected natural areas and approval of its order;

4) is excluded by Law of the Republic of Kazakhstan № 239-V as of 29.09.2014 (shall take effect ten calendar days after its first official publication);
4-1) is excluded by Law of the Republic of Kazakhstan № 239-V as of 29.09.2014 (excluded by Law of the Republic of Kazakhstan);

4-2) establishment and change of the boundaries (line) of cities of republican significance and the capital;

5) coordination of proposals of local representative and executive bodies of a region on the adjustment of boundaries of cities of regional significance, as well as determination and change of suburban areas around cities of regional significance;

6) approval of the procedure for classifying lands as specially protected natural areas;

      7) is excluded by Law of the Republic of Kazakhstan № 239-V as of 29.09.2014 (shall take effect ten calendar days after its first official publication);
      7-1) is excluded by Law of the Republic of Kazakhstan № 239-V as of 29.09.2014 (shall take effect ten calendar days after its first official publication);
      7-2) is excluded by Law of the Republic of Kazakhstan № 239-V as of 29.09.2014 (shall take effect ten calendar days after its first official publication);
      8) (is excluded by the Law of the Republic of Kazakhstan dated 31 January, 2006 No. 125).

9) regulation of land relations in so far as provision of lands in the territory of one oblast, city of republican significance, the capital to the long term use of other oblast, city of republican significance, the capital;

10) other functions assigned on it by the Constitution, Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Footnote. Article 13 as amended by the Republic of Kazakhstan dated 05.07.2006 No. 162 (shall be enforced from the date of its first official publication); dated 06.07.2007 No. 279; dated 01.12.2008 No. 94-IV (the order of enforcement see Article 2); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days from its first official publication); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); № 239-V as of 29.09.2014 (shall take effect ten calendar days after its first official publication); № 269-V as of 29.12.2014 (shall take effect on 01.01.2015); № 479-V as of 29.03.2016 (shall take effect twenty-one calendar days after its first official publication); № 86-VI as of 03.07.2017 (shall take effect ten calendar days after its first official publication); № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication).

Article 14. Competence of the central authorized body

Footnote. The heading of Article 14 is in the wording of Law of the Republic of Kazakhstan № 239-V as of 29.09.2014 (shall take effect ten calendar days after its first official publication).

Competence of a central authorized body shall include:

1) generalization of the practice in the application of land legislation and its improvement;

1-1) implementation of state policy in the field of regulation of land relations;

1-2) carrying out of coordination and organizational supervision of local executive bodies in the field of regulation of land relations;

2) development and introduction of the drafts of regulatory legal acts in the field of regulation of land relations for approval to the Government of the Republic of Kazakhstan;

2-1) development and approval of the rules for rational use of agricultural land in coordination with the authorized state body for the agro-industrial complex development;

2-2) development and approval of the land reservation rules;

2-3) development and approval of a model regulation on the land commission;

2-4) development and approval of a model contract for temporary paid land use (lease) of an agricultural land plot for running a peasant or farm enterprise, agricultural production;

2-5) development and approval of the rules for organization and monitoring of the use of agricultural lands provided for running a peasant or farm enterprise, agricultural production;

2-6) development and approval of the rules for the organization and conduct of a competition for granting the right to temporary paid land use (lease) for running a peasant or farm enterprise, agricultural production;

2-7) development and approval of the methodology for determining the maximum area of agricultural land plots that may be held by a citizen of the Republic of Kazakhstan for running a peasant or farm enterprise, by a non-state legal entity of the Republic of Kazakhstan and its affiliated persons for agricultural production;

2-8) development and approval of the form of an order to eliminate violations of the requirements of the land legislation of the Republic of Kazakhstan, an administrative offence protocol, a decision on an administrative offence case;

2-9) development and approval of a model contract for temporary paid land use (lease) of a land plot;

2-10) development and approval of a model contract for the sale of a land plot;

3) implementation of state control over correct maintenance of the state land cadaster and land monitoring;

4) development and approval of regulatory legal acts and statutory documents, methods on land tenure, state land cadastre and monitoring of lands;

5) carrying out of expert examination of drafts and diagrams of republican significance, concerning the issues of use and protection of lands;

6) cooperation with central and local executive bodies on the issues of regulation of land relations;

7) confirmation of the forms of certificate of agricultural land plots;

7-1) is excluded by Law of the Republic of Kazakhstan № 269-V as of 29.12.2014 (shall take effect on 01.01.2015);

7-2) approval of the form of an application, an opinion of coordinating authorities, a statement of choosing a land plot, a land cadastral plan when granting land plots for the construction of facilities inside a populated locality;

8) establishment of the structure, composition, content and forms of land and cadastral documentation;

9) monitoring management of lands;

10) organization of conducting the state land cadastre and making-out a balance of lands of the Republic of Kazakhstan on the grounds of these balances of lands of oblasts, cities of republican significance, the capital;

11) preparation of drafts of the legal acts of the Government of the Republic of Kazakhstan on the issues of provision and seizure of land plots, including for the state requirements, transfer of land plots, as well as for the state requirements, from one category to another, within its competence;

12) state verification of use and protection of lands;

13) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);

13-1) coordinations of proposals of local executive body of oblast, city of republican significance, the capital on the issues of provision of agricultural land plots to foreign persons, stateless persons and foreign legal entities;

13-2) coordination of proposals of the local executive body of a region, a city of republican significance, the capital on the provision and expropriation of land plots for defense and national security needs;

14) legality control of decisions of the authorized bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance on the applications of individual and legal entities;

15) consideration of cases on administrative infractions in the field of land legislation;

15-1) formation and maintenance of the register of persons whose land plots were expropriated;

16) is excluded by Law of the Republic of Kazakhstan № 269-V as of 29.12.2014 (shall take effect on 01.01.2015);

16-1) development and approval of industrial incentive scheme;

16-2) approval of forms of identification documents for the land plot ownership right and for the land use right;

16-3) approval of the procedure for maintaining the state land cadastre and land monitoring;

16-4) approval of the rules for the provision of land plots occupied by territorial waters for the construction of artificial structures;

16-5) approval of the rules for granting rights to land plots for individual housing construction;

Note of the RCLI!
Paragraph 1 is meant to be supplemented with subparagraph 16-6) in accordance with Law of the Republic of Kazakhstan № 151-VI as of 04.05.2018 (shall take effect on 02.01.2021).

17) exercise of other authorities, provided by this Code, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Is excluded by Law of the Republic of Kazakhstan № 239-V as of 29.09.2014 (shall take effect ten calendar days after its first official publication).
Footnote. Article 14 in the wording of the Law of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 21.07.2007 No. 297 (shall be enforced from the date of its first official publication); dated 26.05.2008 No. 34-IV (the order of enforcement see Article 2); dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 19.03.2010 No. 258-IV; dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); № 225-V as of 02.07.2014 (shall take effect on 01.01.2015); № 239-V as of 29.09.2014 (shall take effect ten calendar days after its first official publication); № 269-V as of 29.12.2014 (shall take effect on 01.01.2015); № 376-V as of 29.10.2015 (shall take effect on 01.01.2016); № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication); № 241-VI as of 02.04.2019 (shall take effect ten calendar days after its first official publication).

Article 14-1. Competence of authorized bodies of oblasts, cities of republican significance, the capital, districts, cities of oblast subordinance

Competence of an authorized body of oblast shall include:

1) preparation of proposals and draft decisions of the local executive body of a region on the provision of land plots for subsurface use (for mining operations; for combined exploration and production; for construction and (or) operation of underground facilities not related to exploration and (or) production), construction (reconstruction) of main pipelines, oil and gas processing facilities, facilities for the use of renewable energy sources, for industrial and innovative projects of entities carrying out industrial innovation activity, implementation of priority investment projects in accordance with the Entrepreneurial Code of the Republic of Kazakhstan, creation and expansion of specially protected natural areas of local significance, and also for forcible alienation of land plots for state needs in the course of discovery and development of mineral deposits, construction (reconstruction) of main pipelines, creation and expansion of specially protected natural areas of local significance;

1-1) implementation of state policy in the field of regulation of land relations;

2) preparation of proposals and drafts of decisions of the local executive body of oblast on provision of land plots for the state research establishments and their development farms, as well as state seed farms and stud farms;

2-1) preparation of proposals and drafts of decisions of a local executive body of oblast on provision of land plots, occupied by the territorial waters, for construction of artificial structures;

2-2) preparation of proposals and draft decisions of the local executive body of a region on the provision and expropriation of land plots for defense and national security needs;

3) preparation of proposals on reservation of lands;

4) approval of cadastral (assessed) value of specific land plots, selling to the private ownership by the state within its competence;

5) determination of separability and impartibility of land plots within its competence;

6) organization of conducting the land tenure and approval of land surveying projects on formation of land plots;

7) organization of development of the land zoning drafts, drafts and diagrams on the rational land use of oblast;

8) organization of holding of the land market (tenders, auctions) within its competence;

9) carrying out of expert examination of drafts and diagrams of oblast, city, district significance, concerning the issues of use and protection of lands;

10) conclusion of the buy and sell agreements and rental agreements of the land plot and temporary uncompensated land use within its competence and control of fulfilling the terms of concluded agreements;

11) making-out a balance of the lands of oblast on the basis of these districts, cities of oblast subordinance;

12) is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months from the date of its first official publication);

13) preparation of proposals on the grant of permissions by a local executive body of oblast for use of land plots for engineering survey works in accordance with Article 71 of this Code;

14) preparation of proposals on transfer of farm lands from one type to another;

      14-1) is excluded by Law of the Republic of Kazakhstan № 239-V as of 29.09.2014 (shall take effect ten calendar days after its first official publication);
      14-2)-14-6) are excluded by Law of the Republic of Kazakhstan № 269-V as of 29.12.2014 (shall take effect on 01.01.2015);
      15) is excluded by the Law of the Republic of Kazakhstan dated 08.01.2013 No. 64-V (shall be enforced from 01.01.2013).

16) approval of the land cadastral plan;

17) is excluded by Law of the Republic of Kazakhstan № 156-VI as of 24.05.2018 (shall take effect ten calendar days after its first official publication).

Competence of an authorized body of the city of republican significance, the capital in the territory, transferred to its ministerial authority shall include:

1) is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months from the date of its first official publication);

1-1) implementation of state policy in the field of regulation of land relations;

2) preparation of proposals on the grant of permissions by a local executive body of the city of republican significance, the capital for use of land plots for engineering survey works in accordance with Article 71 of this Code;

3) preparation of proposals on transfer of farm lands from one type to another;

4) preparation of proposals on reservation on lands;

5) making-out a balance of the lands of the city of republican significance, the capital;

6) preparation of proposals and drafts of decisions of a local executive body of the city of republican significance, the capital on provision of land plots and change of their designation;

6-1) preparation of proposals and draft decisions of the local executive body of a city of republican significance, the capital for the provision and expropriation of land plots for defense and national security needs;

7) is excluded by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
8) is excluded by the Law of the Republic of Kazakhstan dated 08.01.2013 No. 64-V (shall be enforced from 01.01.2013);

9) issue of certificates of agricultural land plots;

10) conclusion of the buy and sell agreements and rental agreements of the land plot and temporary uncompensated land use and control of fulfilling the terms of concluded agreements;

11) exposure of unowned land plots and organization of their registration;

12) preparation of proposals upon compulsory alienation of land plots for state requirements;

13) determination of separability and impartibility of the land plots;

14) approval of cadastral (assessed) value of specified land plots selling to the private ownership by the state;

15) organization of conducting the land tenure and approval of land surveying projects on formation of land plots;

16) organization of development of the land zoning drafts, drafts and diagrams on the rational land use of the city of republican significance, the capital;

17) organization of conducting the land market (tenders, auctions);

18) carrying out of expert examination of drafts and diagrams, concerning the issues of use and protection of lands;

19) record keeping of owners of the land plots and land users, as well as other subjects of the land legal relations;

20) is excluded by Law of the Republic of Kazakhstan № 239-V as of 29.09.2014 (shall take effect ten calendar days after its first official publication);

21) approval of the land cadastral plan;

      21) - 25) are excluded by Law of the Republic of Kazakhstan № 269-V as of 29.12.2014 (shall take effect on 01.01.2015);
      26) is excluded by Law of the Republic of Kazakhstan № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication);
      27) is excluded by Law of the Republic of Kazakhstan № 156-VI as of 24.05.2018 (shall take effect ten calendar days after its first official publication).

Competence of authorized bodies of districts, cities of oblast subordinance within the boundary of district, boundary (limit) of the city and in the territory transferred to his ministerial authority shall include:

1) detection of unowned land plots and organization of work on their registration;

1-1) implementation of state policy in the field of regulation of land relations;

2) preparation of proposals and drafts of decisions of a local executive body of district, city of oblast subordinance on provision of land plots and change of their designation;

2-1) preparation of proposals and draft decisions of the local executive body of a district, a city of regional significance for the establishment of public easements for subsurface use related to geological study and exploration of mineral resources;

3) preparation of proposals on compulsory alienation of land plots for state requirements;

4) determination of separability and impartibility of land plots;

5) approval of cadastral (assessed) value of specified land plots, selling to the private ownership by the state;

6) organization of conducting the land tenure and approval of land surveying projects on formation of land plots;

7) organization of development of the land zoning drafts, drafts and diagrams on the rational land use of districts, cities of oblast subordinance;

8) organization of development of the land and economic facilities drafts of the territories of inhabited localities;

9) organization of conducting the land market (tenders, auctions);

10) carrying out of expert examination of drafts and diagrams of city, district significance, concerning the issues of use and protection of lands;

11) making-out a balance of the lands of districts, cities of oblast subordinance;

12) record keeping of the owners of land plots and land users, as well as other subjects of the land legal relations;

13) is excluded by the Law of the Republic of Kazakhstan dated 08.01.2012 No. 64-V (shall be enforced from 01.01.2013);
14) is excluded by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication);

15) issue of certificates of the agricultural land plots;

16) conclusion of the buy and sell agreements and rental agreements of the land plot and temporary uncompensated land use and control of fulfilling the terms of concluded agreements;

17) preparation of proposals on the grant of permissions by a local executive body of the district, city of oblast subordinance for use of land plots for engineering survey works in accordance with Article 71 of this Code;

18) preparation of proposals on transfer of farm lands from one type to another;

18-1) detection of unused lands and lands used with violation of the legislation of the Republic of Kazakhstan;

19) preparation of proposals on land reservation;

20) approval of the land cadastral plan.

The competence of the authorized body for control over land use and protection includes:

1) implementation of state control over the use and protection of lands;

2) issuance of binding orders to eliminate detected violations of the land legislation;

2-1) submission to the State Corporation of an order for the establishment and termination of encumbrance on title to land in accordance with part three of paragraph 2 of Article 94 of this Code;

3) consideration of cases of administrative offences in the field of the land legislation;

4) preparation and filing of lawsuits in court on matters specified in subparagraph 4) of paragraph 1 of Article 148 of this Code;

5) detection of unused lands or lands used with violation of the legislation of the Republic of Kazakhstan and their return into state ownership;

6) suspension of construction, development of mineral deposits, operation of facilities, exploration and other works, if they are carried out with violation of the land legislation, the established mode of land use, and also if these works are carried out under projects without required examination or having a negative opinion;

7) provision to the central authorized body of information on persons whose land plots were expropriated pursuant to a final and binding court decision in accordance with Articles 92 and 93 of this Code.

Footnote. The chapter is supplemented by Article 14-1 in accordance with the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 21.07.2007 No. 297 (shall be enforced from the date of its first official publication); dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 15.07.2011 No. 461-IV (shall be enforced upon expiry of six months after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 09.01.2012 No. 535-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 08.01.2013 No. 64-V (shall be enforced from 01.01.2013); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); № 209-V as of 12.06.2014 (shall take effect ten calendar days after its first official publication); № 225-V as of 02.07.2014 (shall take effect on 01.01.2015); № 239-V as of 29.09.2014 (shall take effect ten calendar days after its first official publication); № 269-V as of 29.12.2014 (shall take effect on 01.01.2015); № 376-V as of 29.10.2015 (shall take effect on 01.01.2016); № 126-VI as of 27.12.2017 (shall take effect six months after its first official publication); № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication); № 156-VI as of 24.05.2018 (shall take effect ten calendar days after its first official publication).

Article 15. Competence of local representative bodies and local self-government bodies

The competence of local representative bodies in the field of regulations of land relations in the relevant territories shall include:

1) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);

2) approval of land and economic facilities drafts in the territory of inhabited localities, including farm lands, transferred to the jurisdiction of local executive bodies of oblast subordinance, akims of city of district subordinance, rural settlement, village, rural district;

2-1) approval of the Pasture Management and Utilization Plan;

3) (is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);

4) hearing reports of the heads of local executive bodies and organizations on the state of use and protection of land resources;

4-1) hearing of an annual report of a district executive body (except for city districts) or local executive body of a city of regional significance on the results of implementation of the Pasture Management and Utilization Plan with the involvement of representatives of local self-government of a relevant administrative-territorial unit;

5) adoption of decisions on establishment of boundaries between administrative-territorial entities within the competence established by the legislative acts of the Republic of Kazakhstan;

5-1) approval of boundaries of suburban zones in accordance with Article 110 of this Code;

5-2) approval of draft agreements on the alienation of a land plot for state needs;

5-3) approval of the composition of the land commission and regulations on it;

6) (is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);

7) exercise of other authorities in accordance with the legislation of the Republic of Kazakhstan on ensuring the rights and legal interests of citizens.

Local self-government bodies in the field of regulation of land relations shall provide community participation in solution of questions of local significance within the powers, established by the legislative acts of the Republic of Kazakhstan.

Footnote. Article 15 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06.07.2007 No. 279; dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); № 48-VI as of 20.02.2017 (shall take effect ten calendar days after its first official publication); № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication); № 217-VI as of 21.01.2019 (shall take effect ten calendar days after its first official publication).

Article 16. Competence of a local executive body of oblast, city of republican significance, the capital

Competence of a local executive body of oblast shall include:

1) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);

1-1) submission of the area of suburban zones boundaries of the cities of district subordinance for approval of a local representative body;

1-2) formation of the composition of the land commission, development of regulations on it and their submission to a relevant local representative body for approval;

2) provision of land plots for subsurface use (for mining operations; for combined exploration and production; for construction and (or) operation of underground facilities not related to exploration and (or) production), construction (reconstruction) of main pipelines, oil and gas processing facilities, and also forcible alienation of land plots for state needs in the course of discovery and development of mineral deposits, for the construction of main pipelines;

3) provision of land plots for the cattle drive routes of temporary use of the inter-district significance;

4) grant of permissions on use of land plots for engineering survey works in accordance with paragraph 2 of Article 71 of this Code;

5) provision of land plots for the state research establishments and their development farms, as well as for the state seed farms and stud farms;

5-1) provision of land plots, occupied by territorial waters for construction of artificial structures as may be agreed with an authorized state body in the field of use and protection of inventory of water resources, water supply, water diversion;

5-2) development and approval of plans for the development and reconstruction of pasture infrastructure facilities;

6) reservation of lands in accordance with Article 49-2 of this Code;

7) provision and seizure of land plots as well as for the state requirements, from the lands of all categories in cases, linked with creation and expansion of specially protected natural areas of local significance, with the exception of cases provided by subparagraph 3) of Article 13 of this Code;

8) regulation of land relations in so far as provision of lands, being in the territory of one district, city of oblast subordinance to the long term use of other district, city of oblast subordinance;

9) provision and seizure of land plots as well as for state requirements in cases provided by Article 90 of this Code, with the exception of forestry fund lands;

9-1) establishment of public easements in accordance with Article 69 of this Code;

10) carrying out of coordination and operating control of district, city (oblast subordinance) executive bodies in so far as use and protection of land resources;

10-1) provision of proposals on the issues of provision of agricultural lands on approval of a central authorized body to foreign persons, stateless persons and foreign legal entities;

10-2) submission to the authorized body for the agro-industrial complex development of semi-annual and annual reports on:

rational use of pastures;

carrying out measures to combat the degradation and desertification of pastures;

feed capacity of pastures;

the condition of pasture infrastructure facilities;

10-3) submission for approval of materials on the provision and expropriation of land plots for defense and national security needs to state bodies specified in part two of paragraph 1 of Article 120 of this Code;

10-4) provision and expropriation of land plots for defense and national security needs;

11) (is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);

12) exercise of other authorities in behalf of local state administration, laid upon local executive bodies by the legislation of the Republic of Kazakhstan.

Competence of a local executive body of city of republican significance, the capital in the field of regulation of land relations shall also include:

1) grant of land plots to the private ownership and land use, with the exception of cases provided by Article 13 of this Code;

1-1) grant of land plots for the purposes of construction of facilities of harnessing of renewable resources;

1-2) formation of the composition of the land commission, development of regulations on it and their submission to a relevant local representative body for approval;

2) seizure of land plots including for the state requirements, with the exception of cases provided by Article 13 of this Code;

2-1) allocation of land plots to the common-use land in the lands of inhabited localities, as well as exclusion from the categories of common-use lands in connection with change of their designation;

2-2) is excluded by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication);

3) development of the land and economic facilities drafts of the inhabited localities territory, within their ministerial authority for approval by the relevant representative body and their enforcement;

3-1) establishment of public easements in accordance with Article 69 of this Code;

4) provision for approval of drafts (diagrams) of land zoning for the representative bodies of city of republican significance, the capital;

5) is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).

5-1) provision of the proposals on the issues of grant of agricultural lands on approval of the central authorized body for foreign persons, stateless persons and foreign legal entities;

5-2) placement of approved drafts of the land and economic facilities of the territory of inhabited localities on the special informative stands in the places open to the inhabitants;

5-3) reservation of lands in accordance with Article 49-2 of this Code;

5-4) submission for approval of materials on the provision and expropriation of land plots for defense and national security needs to state bodies specified in part two of paragraph 1 of Article 120 of this Code;

5-5) provision and expropriation of land plots for defense and national security needs;

6) execution in behalf of the local state administration of other authorities laid upon the local executive bodies by the legislation of the Republic of Kazakhstan.

Footnote. Article 16 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06.07.2007 No. 279; dated 21.07.2007 No. 297 (shall be enforced from the date of its first official publication); dated 13.02.2009 No. 135-IV (the order of enforcement see Article 3); dated 04.07.2009 No. 166-IV; dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 09.01.2012 No. 535-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); № 209-V as of 12.06.2014 (shall take effect ten calendar days after its first official publication); № 376-V as of 29.10.2015 (shall take effect on 01.01.2016); № 48-VI as of 20.02.2017 (shall take effect ten calendar days after its first official publication); № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication); № 243-VІ as of 03.04.2019 (shall take effect ten calendar days after its first official publication).

Article 17. Competence of a district (except districts in cities) executive body

The competence of a district executive body (except for city districts) for regulating land relations inside a district include:

1) grant of land plots to the private ownership and land use, with the exception of cases provided by Article 13, 16, 18 and 19 of this Code;

1-1) establishment of public easements for subsurface use related to geological study and exploration of mineral resources;

1-2) formation of the composition of the land commission, development of regulations on it and their submission to a relevant local representative body for approval;

2) seizure of land plots including for the state requirements, with the exception of cases provided by Article 13, 16, 18 of this Code;

2-1) implementation of state control over the use and protection of agricultural land;

2-2) provision to the central authorized body of information on persons whose land plots were expropriated pursuant to a final and binding court decision in accordance with Articles 92 and 93 of this Code;

3) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);

4) development of the land and economic facilities drafts of the inhabited localities territory, including the farm lands transferred to the jurisdiction of rural executive bodies for approval by the relevant representative body and their enforcement;

4-1) reservation of lands in accordance with Article 49-2 of this Code;

5) providing permission for land plot use for engineering survey works according to paragraph 2 of Article 71 of this Code;

5-1) establishment of public easements in accordance with Article 69 of this Code;

5-2) placement of approved land and economic facilities drafts of the inhabited localities territory on the special informative stands in the places open to the inhabitants;

6) establishment of the special land fund;

7) is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);

8) provision for approval of drafts (diagrams) of land zoning for the representative bodies of district;

8-1) development of the Pasture Management and Utilization Plan together with akims of a town of district significance, a rural settlement, a village, a rural district and local governments and its submission for approval to the local representative body of a district;

8-2) ensuring the implementation of the Pasture Management and Utilization Plan and submission of an annual report on the results of its implementation to the local representative body of a district;

9) is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).

10) execution in behalf of the local state administration of other authorities laid upon the local executive bodies by the legislation of the Republic of Kazakhstan.

Footnote. Article 17 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 No. 116); dated 06.07.2007 No. 279; dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); № 48-VI as of 20.02.2017 (shall take effect ten calendar days after its first official publication); № 126-VI as of 27.12.2017 (shall take effect six months after its first official publication); № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication); № 156-VI as of 24.05.2018 (shall take effect ten calendar days after its first official publication).

Article 18. Competence of a local executive body of city of oblast subordinance

The competence of local executive body of the city of oblast subordinance in the field of regulation of land relations within the boundaries (limit) of the city and in the territory transferred to its ministerial authority shall include:

1) grant of land plots to the private ownership and private land use, with the exception of cases provided by the articles 13, 16 and 19 of this Code;

1-1) formation of the composition of the land commission, development of regulations on it and their submission to a relevant local representative body for approval;

2) seizure of land plots including for the state requirements, with the exception of cases provided by the articles 13 and 16 of this Code;

2-1) allocation of land plots to the common-use land in the lands of inhabited localities, as well as exclusion from the categories of common-use lands in connection with change of their designation;

2-2) implementation of state control over the use and protection of agricultural land;

2-3) provision to the central authorized body of information on persons whose land plots were expropriated pursuant to a final and binding court decision in accordance with Articles 92 and 93 of this Code;

3) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);

4) development of the land and economic facilities drafts of the inhabited localities territory, within their ministerial authority for approval by the relevant representative body and their enforcement;

4-1) reservation of lands in accordance with Article 49-2 of this Code;

5) providing permission for land plot use for engineering survey works according to paragraph 2 of Article 71 of this Code;

5-1) establishment of public easements in accordance with Article 69 of this Code;

5-2) placement of approved land and economic facilities drafts of the inhabited localities territory on the special informative stands in the places open to the inhabitants;

6) establishment of the special land fund;

7) is excluded by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);

8) provision for approval of drafts (diagrams) of land zoning for the representative body of city of oblast subordinance;

8-1) development of the Pasture Management and Utilization Plan together with akims of a town of district significance, a rural settlement, a village, a rural district and local governments and its submission to the local representative body of a city of regional significance for approval;

8-2) ensuring the implementation of the Pasture Management and Utilization Plan and submission of an annual report on the results of its implementation to the local representative body of a city of regional significance;

8-3) submission of an order for the establishment and termination of encumbrance on title to land to the State Corporation in accordance with part three of paragraph 2 of Article 94 of this Code;

9) is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).

10) execution in behalf of the local state administration of other authorities laid upon the local executive bodies by the legislation of the Republic of Kazakhstan.

Footnote. Article 18 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06.07.2007 No. 279; dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); № 48-VI as of 20.02.2017 (shall take effect ten calendar days after its first official publication); № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication); № 156-VI as of 24.05.2018 (shall take effect ten calendar days after its first official publication).

Article 19. Competence of akims of city of district subordinance, rural settlement, village, rural districts

Competence of akims of cities of district subordinance, rural settlement, village, rural districts in the field of regulations of land relations within the boundaries (limit) of the city, rural settlement, village shall include:

1) grant of land plots to the private ownership and private land use, with the exception of cases provided by the articles 13 and 16 of this Code;

1-1) establishment of public easements in accordance with Article 69 of this Code;

2) proposal to the district (city) akimat on the issue of seizure of land plots, including for the state requirements;

2-1) is excluded by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
3) is excluded by the Law of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116)

4) ensuring the implementation of the Pasture and Utilization Management Plan and submission of an annual report on the results of its implementation to a local government (local community gathering);

4-1) submission of an order for the establishment and termination of encumbrance on title to land to the State Corporation in accordance with part three of paragraph 2 of Article 94 of this Code;

5) publication of annual reports on the results of implementation of the Pasture Management and Utilization Plan in mass media distributed in respective territories;

6) implementation of state control over the use and protection of land;

7) provision to a relevant authorized body for control over land use and protection of information on persons whose land plots were expropriated pursuant to a final and binding court decision in accordance with Article 93 of this Code.

Footnote. Article 19 as amended by the Laws of the Republic of Kazakhstan dated 06.07.2007 No. 279; dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); № 48-VI as of 20.02.2017 (shall take effect ten calendar days after its first official publication); № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication); № 156-VI as of 24.05.2018 (shall take effect ten calendar days after its first official publication).

Article 19-1. Competence of administration of special economic zone

Footnote. Article 19-1 is excluded by the Law of the Republic of Kazakhstan dated 21.07.2011 No. 470-IV (shall be enforced from 01.04.2012).

Section 2. Property right, land use right and other rights in things to land
Chapter 3. Property right to land

Article 20. Types of property right to land

State and private land ownership shall be recognized as well as protected in the Republic of Kazakhstan.
Subjects of property right:

subject of the right of state ownership to land in the territory of the republic – the Republic of Kazakhstan;

subject of the right of private ownership to land plots on the basis, conditions and within the ambits established by this Code, - citizens and non-state legal entities. By this, the citizens shall be regarded as the citizens of the Republic of Kazakhstan, foreign persons and stateless persons, unless otherwise established by this Code.

Article 21. Content of property right

Owner is vested in right of possession, use and disposition of the land plot belonging to him.
Rights of the state as well as land owner shall be exercised by the state bodies in accordance with their competence established by this Code and other legislative acts of the Republic of Kazakhstan.
Land plot owner may exercise the rights of owner on the basis, conditions and within the ambits provided by this Code and other legislative acts of the Republic of Kazakhstan.

Article 22. Origin of property right to land plot

Property right to land plot shall arise by:

1) grant of property right;

2) transaction of property right;

3) devolution of property right in the procedure of universal legal succession (succession, reorganization of a legal person).

Grant, transaction and devolution of the property right shall be performed in recognition of the designation of a land plot.
Property right to land plot shall arise on the basis of:

1) acts of the state bodies;

2) civil transactions;

3) other grounds provided by the legislation of the Republic of Kazakhstan.

Article 23. Ownership of land plots of citizens and legal entities

Land plots in the state ownership may be granted to the private ownership for citizens and non-state legal entities, with the exception of the land plots which in accordance with this Code may not be in the private ownership.

1-1. Land plots located in the frontier zone of the State Border of the Republic of Kazakhstan are not provided into private ownership or for temporary land use.

The population is allowed to use agricultural land located within the frontier zone of the State Border of the Republic of Kazakhstan for grazing farm animals of own farmsteads and haymaking without the right to erect any buildings (constructions, structures).

Private ownership of the citizens of the Republic of Kazakhstan may include the land plots for management of peasant or agrarian economy, personal subsidiary husbandry, forest planting, gardening, personal housing and suburban construction management, as well as granted for building construction or built-up by production and non-production, including residential buildings (constructions, installations) and their complexes, including lands intended for janitorial service (constructions, installations) in accordance with their purposes.

In case of renunciation of citizenship of the Republic of Kazakhstan by the citizen who is the owner of the land plot granted for management of peasant or agrarian economy, personal subsidiary husbandry, forest planting, gardening and suburban construction management, the property right shall be subject to alienation or reissuance according to the regulations of Article 66 of this Code.

Non-state legal entities of the Republic of Kazakhstan may own land plots (to be) provided for agricultural production, afforestation, for development or having production and non-production buildings (constructions, structures), including residential ones, and their complexes, including lands intended for the maintenance of buildings (constructions, structures) in accordance with their intended use.
Foreigners, stateless persons and foreign legal entities (non-state ones) may own land plots for the purposes specified in paragraph 3 of this article, except for lands intended for agricultural production and afforestation.

Land plots located in the frontier zone of the State Border of the Republic of Kazakhstan may not be owned by foreigners, stateless persons, citizens of the Republic of Kazakhstan who are married to (are spouses of) foreigners or stateless persons, and also to foreign legal entities and legal entities of the Republic Kazakhstan with foreign participation.

When citizens of the Republic of Kazakhstan marry (become spouses of) foreigners or stateless persons, their right of ownership of land plots located in the frontier zone and frontier region of the State Border of the Republic of Kazakhstan shall be re-registered or alienated in accordance with the provisions of Article 66 of this Code.

Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication).

Article 24. Property right to agricultural lands

      Note of the RCLI!
      Part one of paragraph 1 is provided for in the wording of Law of the Republic of Kazakhstan № 389-V as of 02.11.2015.
      Note of the RCLI!
      In accordance with Decree of the President of the Republic of Kazakhstan № 248 as of May 6, 2016, a moratorium to grant private property rights to state-owned agricultural land plots to individuals and legal entities was introduced until December 31, 2021.
      Note of the RCLI!
      This wording of part one of paragraph 1 is valid until December 31, 2021 in accordance with Law of the Republic of Kazakhstan № 5-VI as of 30.06.2016 (shall take effect on the day of its first official publication).

Agricultural land plots owned by the state may be provided to citizens and legal entities of the Republic of Kazakhstan without foreign participation on the basis of the land use right in the manner and subject to conditions established by this Code.

Agricultural land plots may not be provided into private ownership as state land grants for agricultural production.

      Note of the RCLI!
      Part three of paragraph 1 is provided for in the wording of Law of the Republic of Kazakhstan № 389-V as of 02.11.2015.
      Note of the RCLI!
      In accordance with Decree of the President of the Republic of Kazakhstan № 248 as of May 6, 2016, a moratorium to grant the right of temporary land use as a lease of agricultural land plots to foreigners, stateless persons, foreign legal entities, and also legal entities with more than fifty percent of the authorized capital belonging to foreigners, stateless persons, foreign legal entities was introduced until December 31, 2021.
      Note of the RCLI!
      Part three of paragraph 1 is suspended until 31.12.2021 in accordance with Law of the Republic of Kazakhstan № 5-VI as of 30.06.2016 (shall take effect on the day of its first official publication).

Foreigners, stateless persons, foreign legal entities, as well as legal entities with more than fifty percent of the authorized capital belonging to foreigners, stateless persons, foreign legal entities, may own agricultural land plots only on the basis of the right of temporary land use as a lease up to twenty five years.

      Note of the RCLI!
      Paragraph 2 is provided for in the wording of Law of the Republic of Kazakhstan № 389-V as of 02.11.2015.
      Note of the RCLI!
      Paragraph 2 is suspended until 31.12.2021 in accordance with Law of the Republic of Kazakhstan № 5-VI as of 30.06.2016 (shall take effect on the day of its first official publication).

The right to private ownership of an agricultural land plot is granted on a fee basis.

Citizens and non-state legal entities interested in obtaining the right to private ownership of a land plot (land plots) for running a peasant or farm enterprise, agricultural production and afforestation can:

1) acquire the right to private ownership of a land plot at a price equal to the cadastral (appraised) value of the land plot, determined in accordance with Articles 10 and 11 of this Code;

2) acquire the right to private ownership of a land plot at a preferential price determined on the basis of its cadastral (appraised) value.

In this case, the size of the preferential price for land plots in administrative-territorial units is established by the Government of the Republic of Kazakhstan.

Those citizens and non-state legal entities of the Republic of Kazakhstan, who bought permanent land use right (long-term land use right) to a land plot for running a peasant or farm enterprise and agricultural production from the state in accordance with the legislation of the Republic of Kazakhstan in force at the time of the transactions, immediately after this Code’s enactment become land plot owners without being charged an additional fee to acquire the private property right within the norms of land plots established by this Code.

The indicated persons enjoy the private property right to a land plot in the manner prescribed by paragraph 3 of this article.

      Note of the RCLI!
      Paragraph 3 is meant to be excluded by Law of the Republic of Kazakhstan № 389-V as of 02.11.2015.
      Note of the RCLI!
      Paragraph 3 is suspended until 31.12.2021 in accordance with Law of the Republic of Kazakhstan № 5-VI as of 30.06.2016 (shall take effect on the day of its first official publication).

A person who fully paid for the acquisition of the private property right to a land plot in accordance with:

subparagraph 1) of paragraph 2 of this article, has the right to carry out all types of transactions for a land plot not prohibited by the legislation of the Republic of Kazakhstan;

subparagraph 2) of paragraph 2 of this article, has the right to carry out all types of transactions for a land plot not prohibited by the legislation of the Republic of Kazakhstan, upon expiration of the term of restriction on transactions for a land plot purchased at a preferential price, which is two years for every ten percent reduction in cadastral (appraised) value of the land. This restriction does not apply to the pledge of a land plot.

Note of the RCLI!
Paragraph 4 is suspended until 31.12.2021 in accordance with Law of the Republic of Kazakhstan № 5-VI as of 30.06.2016 (shall take effect on the day of its first official publication).

The amounts for the acquisition of land plots, specified in paragraph 2 of this article, may be paid in installments in accordance with the procedure established by Article 49 of this Code.
In case of renunciation of citizenship of the Republic of Kazakhstan by an agricultural land plot owner, within three months of his/her renunciation of citizenship, at the owner’s choice, either the land plot must be alienated or the right to the land plot must be re-registered as the temporary land use right for ten years, or with the consent of the local executive body, the land plot must be returned into state ownership and the price of the land plot, at which it was acquired from the state (owner), shall be paid.
Agricultural land plots located within the frontier zone of the State Border of the Republic of Kazakhstan may be provided on the basis of the temporary land use right to citizens of the Republic of Kazakhstan, except for citizens of the Republic of Kazakhstan who are married to (are spouses of) foreigners or stateless persons, and legal entities of the Republic of Kazakhstan without foreign participation.

When citizens of the Republic of Kazakhstan marry (become spouses of) foreigners or stateless persons, their right of temporary land use to agricultural land plots located in the frontier zone of the State Border of the Republic of Kazakhstan shall be alienated in accordance with the provisions of Article 66 of this Code.

Footnote. Article 24 as amended by the Laws of the Republic of Kazakhstan dated 06.06.2007 No. 279; dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); № 269-V as of 29.12.2014 (shall take effect on 01.01.2015); № 5-VI as of 30.06.2016 (shall take effect on the day of its first official publication); № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication).

Article 25. Enforcement of the right of private ownership

Owner of a land plot shall exercise rights to possession, use and disposition of a land plot in his own discretion without obtaining permits of the state bodies, unless otherwise provided by this Code and other legislative acts of the Republic of Kazakhstan.
Owner shall have the right to make any transactions in relation to his land plot without change of its designation, not prohibited by the legislative acts of the Republic of Kazakhstan.

Owners of agricultural land plots shall exercise specified rights in recognition of regulations of this Code.

Property right to the land plot shall be transferred to the other person with all encumbrances presented at the moment of consummation of transactions.

Owner of a land plot shall have the right to deliver land plot without change of its designation for the temporary use on the basis of agreement for temporary use of land plot. Agreement of temporary use of land plot shall be concluded in a form of contract of lease (with landholder) or contract for uncompensated use (with uncompensated user).

Article 26. State land ownership

The state owns land plots allocated to state authorities, state organizations and institutions, used for defense and national security needs, occupied by specially protected natural areas for recreational, historical and cultural purposes, forest and water funds, land plots of common use inside populated localities, of reservation, including special land fund, pastures and hay fields, as well as distant pastures and other lands not transferred into private ownership.
Private ownership may not include land plots occupied (by):

for needs of defence and national security, defence industry in the state ownership; engineering structures, communications raised for protection and guarding of State boundary of the Republic of Kazakhstan; custom needs;

specially protected natural areas;

forest fund, with the exception of land plots listed in paragraph 4 of Article 128 of this Code;

inventory of water resources, with the exception of land plots listed in paragraph 2 of Article 133 of this Code;

main railway networks;

public roads, except for land plots occupied by public roads sold to a state Islamic special purpose company by the decision of the Government of the Republic of Kazakhstan in accordance with legislative acts of the Republic of Kazakhstan;

shared areas in the inhabited localities, with the exception of land plots occupied by buildings and installations on the basis of private property, and required for their janitorial service.

Rating of lands to one or another category shall be established by reference to their designation and permitted use in accordance with the land zoning.

Citizens and non-state legal entities shall not be granted in separate ownership and land use by the land plots occupied by:

pastures and hay fields, used and intended for the needs of the population, including those located within the boundaries of cities of regional and district significance, villages, rural settlements;

general use road including roads of inter-farm and inter village significance, as well as intended for access to common-use land plots;

flooding installations of joint use (water supply canals, water escape, water wells, watering places) of two or more owners of land plots or land users.

Land plots reserved in the prescribed manner for the development of specially protected natural areas, main railways, public roads and main pipelines, communications, subsurface use, energy, as well as those intended, in accordance with the approved architectural and town planning and (or) construction documentation, for the construction of administrative and social facilities (airports, airfields, railway stations, stations, public roads, administrative buildings of state bodies, hospitals, schools, public housing fund, parks, boulevards, squares and other public facilities), may be provided to land users for other purposes on the basis of the temporary land use right prior to the development of land plots in accordance with the purposes, for which they were reserved.

Land plots, reserved in the prescribed manner for the purposes indicated in part one of this paragraph, shall not be provided into private ownership for other purposes.

Default in grant of land plots in the state ownership to the ownership of citizens and non-state legal entities shall be prohibited if these land plots may be in the private ownership in accordance with this Code.

Footnote. Article 26 as amended by the Laws of the Republic of Kazakhstan dated 04.07.2009 No. 166-IV; dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); № 422-V as of 24.11.2015 (shall take effect on 01.01.2016); № 126-VI as of 27.12.2017 (shall take effect six months after its first official publication); № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication).

Article 27. Enforcement of the right of state ownership

Land plots from the lands in the state ownership may be:

1) sold or transferred to the private ownership without compensation;

1-1) provided as payment for the charter capital (property) of social-entrepreneurial corporations;

2) granted to the permanent or temporary use;

3) realized in other legal forms in cases provided by this Code, other legislative acts of the Republic of Kazakhstan or international treaties.

Footnote. Article 27 as amended by the Law of the Republic of Kazakhstan dated 6 July, 2007 No. 279; № 156-VI as of 24.05.2018 (shall take effect ten calendar days after its first official publication).

Chapter 4. Land use right

Article 28. Regime of land use right

Land use right is a Law of things. Land use right shall be applied by the regulations on the property right considering that it is not inconsistent with this Code and nature of the Law of things.

Article 29. Types of land use right

Land use right may be permanent or temporary, alienable or unalienable, acquired for a on a remuneration basis or without charge.
No one may be deprived of land use right other than on the grounds established by this Code and other legislative acts of the Republic of Kazakhstan.

Article 30. Subjects of land use right

Land users shall be divided into:

1) state and non-state;

2) national and foreign;

3) individual and legal entities;

4) permanent and temporary;

5) primary and secondary.

Article 31. Origin of land use right

Land use right shall arise by:

1) grant of land use right;

2) transaction of land use right;

3) devolution of land use right in the procedure of universal legal succession (succession, reorganization of a legal person).

Grant, transaction and devolution of the property right shall be performed in recognition of the designation of a land plot.
Land use right shall arise on the basis of:

1) acts of the state bodies;

2) civil transactions;

3) other grounds provided by the legislation of the Republic of Kazakhstan.

Article 32. Grant of land use right

Grant of land use right signifies the vesting of land use right directly by the state.
Grant of land use right to the citizens and legal entities shall be performed on the basis of decision of local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance in accordance with the competence on provision of land use right.
Upon granting of the temporary land use right to the land users, the authorized body of oblast, city of republican significance, the capital, district, city of oblast subordinance within its competence shall conclude land rental agreement with such land users or agreement of a temporary uncompensated land use on the basis of relevant decision of the Government of the Republic of Kazakhstan or local executive body on grant of temporary land use right.
If a land plot is intended for carrying out an activity or performing actions that require a permit, a license for subsurface use or a subsurface use contract, the right to use this land plot is granted after an appropriate permit, license for subsurface use are obtained or a subsurface use contract is signed.

This rule does not apply to cases of transfer of the right to a land plot to a developer and (or) a company authorized to construct residential houses (residential buildings) using the money of shared construction participants in accordance with the legislative act of the Republic of Kazakhstan on shared participation in housing construction.

In case of early termination of a subsurface use contract by a competent authority, title documents for a land plot are reissued to a trust manager on the basis of an agreement for the trust management of a subsoil plot entered into by the competent authority with the national company in accordance with the Code of the Republic of Kazakhstan On Subsurface and Subsurface Use.

A ground for undelayed provision of a land plot in the manner prescribed by this Code is issuance of a license for extracting solid minerals, the use of subsurface space or prospecting, conclusion of a contract for the extraction of hydrocarbons or an annex to a contract for the exploration and production of hydrocarbons, which secures the allocation of a production site and a production period or a preparatory period, or a trust management agreement for a subsurface plot specified in part three of this paragraph.

Footnote. Article 32 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 06.07.2007 No. 275; dated 06.07.2007 No. 279; dated 10.07.2009 No. 180-IV; dated 11.07.2009 No. 183 (the order of enforcement see Article 2); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.07.2011 No. 470-IV (shall be enforced from 01.04.2012); № 271-V as of 29.12.2014 (shall take effect ten calendar days after its first official publication); № 487-V as of 07.04.2016 (shall take effect six months after its first official publication); № 126-VI as of 27.12.2017 (shall take effect six months after its first official publication).

Article 33. Transaction of land use right

Transaction of land use right signifies the vesting of land use right directly by the other land user.

Transaction of land use right shall be performed on the basis of civil transactions, as well as on the other grounds provided by the legislation of the Republic of Kazakhstan.

Alienation of land use right shall be performed on the basis of civil transactions (purchase and sale, deed of gift, permutation and other).

Transaction of land use right to the other person for a specified period shall be performed on the basis of rental agreement or temporary uncompensated use of a land plot.

Transaction and alienation of land use right may be performed only by the persons ransomed the right of temporary compensated land use (leasehold).

Redemption of the temporary compensated land use right (leasehold) is not required:

1) when pledged, also in case of sale of a pledged item by the pledge holder in the event that the pledgor fails to fulfill or improperly fulfills his/her/its obligations, when a pledged item is transferred to the pledge lender in the course of the bankruptcy procedure to meet its requirements in accordance with the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy, as well as a contribution to the authorized capital of a business partnership, as payment for shares of a joint stock company or as a contribution to a production cooperative;

2) to land plot occupied by alienable buildings (constructions, installations), as well as intended for their exploitation, as part of the lands of forest funds and inventory of water resources, specially protected natural areas of healthful, recreational and historical-cultural purposes;

3) when the management company transfers land plots into secondary land use (sublease) in accordance with the legislation of the Republic of Kazakhstan on special economic and industrial zones;

3-1) when a member of a special economic zone or industrial zone of republican or regional significance or persons carrying out support activities inside a special economic zone alienate a state-owned land plot with infrastructure facilities in favor of the management company of a special economic or industrial zone;

4) in case of transfer of a subsurface use right in accordance with the Code of the Republic of Kazakhstan “On Subsurface and Subsurface Use”;

Note of the RCLI!
Part six of paragraph 1 is meant to be supplemented with subparagraph 5) in accordance with Law of the Republic of Kazakhstan № 389-V as of 02.11.2015.

6) for a land plot occupied by buildings (constructions, structures), which are transferred into state and (or) communal ownership free of charge;

7) for a land plot occupied by buildings (constructions, structures) transferred into trust management.

Land users have no right to change the designation of land plot on a stand-alone basis in case of alienation and transaction of land use right.

Consummation of transactions by land users in relation to land use right shall be prohibited on lands (of):

1) common-use;

2) granted for needs of defence and national security;

3) forest fund;

4) specially protected natural areas of healthful, recreational and historical-cultural purposes;

5) service allotment;

6) land plots provided on the basis of the right of temporary free and temporary short-term paid land use (lease), except for the transfer of the temporary short-term paid land use right (lease) by a developer in the field of shared construction participation to an authorized company for the receipt of guarantee from the Housing Guarantee Fund in accordance with the legislation of the Republic of Kazakhstan on shared construction participation;

Note of the RCLI!
Subparagraph 7) is meant to be excluded by Law of the Republic of Kazakhstan № 389-V as of 02.11.2015.

7) land plots granted on the basis of right of temporary land use for management of peasant or agrarian economy and commercial agriculture, with the exception of hypothecation, as well as in capacity of the contribution to the charter the capital of economic partnership in return of the capital share of a joint-stock company or in capacity of contribution to the production cooperative;

8) inventory of water resources.

2-1. Restrictions provided by paragraph 2 of this Article shall not be applied to transactions, as well as to pledge, made by land users in relation to land use right of the land plot occupied by alienable buildings (constructions, installations), as well as intended for their exploitation, as part of the lands of forest funds and inventory of water resources, specially protected natural areas of healthful, recreational and historical-cultural purposes.

A land user shall transfer a land plot belonging to him/her into temporary land use to another person (secondary land user), and also alienate the temporary land use right, with accou8nt of the provisions of paragraph 4of Article 32 and paragraph 3 of Article 37 of this Code and the legislation of the Republic of Kazakhstan on special economic and industrial zones.

Footnote. Article 33 as amended by the Laws of the Republic of Kazakhstan dated 6 July, 2007 No. 279; dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.07.2011 No. 470-IV (shall be enforced from 01.04.2012); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication); № 208-V as of 10.06.2014 (shall take effect ten calendar days after its first official publication); № 269-V as of 29.12.2014 (shall take effect on 01.01.2015); № 362-V as of 27.10.2015 (shall take effect ten calendar days after its first official publication); № 49-VI as of 27.02.2017 (shall take effect ten calendar days after its first official publication); № 126-VI as of 27.12.2017 (shall take effect six months after its first official publication); № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication); № 243-VІ as of 03.04.2019 (shall take effect ten calendar days after its first official publication).

Article 34. Permanent land use right

The following state land users shall be granted by land plots on the basis of permanent land use right:

1) legal entities possessing the buildings (constructions, installations), premises in objects of condominium on the basis of right of economic control or right of operational management;

2) legal entities carrying out agricultural and forestry production, as well as for research, experimental and educational purposes;

3) legal entities engaged in land use on the lands of specially protected natural areas;

4) in other cases provided by the legislative acts of the Republic of Kazakhstan.

Permanent land use right may not belong to foreign land users.

Footnote. Article 34 as amended by the Law of the Republic of Kazakhstan dated 6 July, 2007 No. 279.

Article 35. Temporary land use right

Land plot may be granted to the citizens and legal entities on the basis of right of temporary land use (on a leasehold basis) or on the basis of temporary uncompensated land use.
Temporary uncompensated land use right shall be granted for a period up to 5 years, unless otherwise provided by this Code and legislative acts of the Republic of Kazakhstan.

Note of the RCLI!
Part two of paragraph 2 is provided for in the wording of Law of the Republic of Kazakhstan № 389-V as of 02.11.2015.

Temporary compensated land use right (leasehold) may be short sighted (to 5 years) and long-term (from 5 to 49 years), with the exception of cases of grant of temporary compensated land use right for management of peasant or agrarian economy provided by this Code.

The temporary paid land use right to lands used for the establishment of a special economic zone is granted to management companies of the special economic zone for the period of creation of the special economic zone.

The temporary land use right to lands used for the establishment of an industrial zone of republican or regional significance is granted to management companies of the industrial zone of republican or regional significance for a period specified by a decision of the local executive body of a region, a city of republican significance, the capital on the creation of an industrial zone, which shall be at least 20 years.

Absolute deadline of temporary compensated land use right (leasehold) shall be established on the basis of motion of the land tenant in recognition of specific characters of land plot’s designation in accordance with the time limits of temporary land use established by this Code.
Unilateral termination of the agreement of temporary land use, except to the extent provided for in this Code, as well as the cases when the procedure for termination declared in this agreement shall be prohibited.
Return of a land plot granted on the basis of land use right to the state ownership shall be performed in accordance with concluded rental agreement of a land plot or with the agreement of temporary uncompensated land use.

Footnote. Article 35 as amended by the Laws of the Republic of Kazakhstan dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.07.2011 No. 464-IV (shall be enforced upon expiry of ten calendar days after its first official publication); № 243-VІ as of 03.04.2019 (shall take effect ten calendar days after its first official publication).

Article 36. Temporary uncompensated land use right

Land plots on the basis of temporary uncompensated land use right may be granted to the citizens of the Republic of Kazakhstan and legal entities of the Republic of Kazakhstan:

for distant-pasture cattle tending (seasonal pastures);

for cattle grazing of population and haying;

to the state land users;

for conduct of vegeculture;

in the form of service allotment;

for period of general use road construction, objects of state ownership and social and cultural purposes;

in restoration of degraded and disturbed lands;

for the term of a public-private partnership agreement, including a concession agreement;

at granting in the prescribed manner by the legislation of the Republic of Kazakhstan of buildings (premises) and installations for the temporary uncompensated use;

for objects of religious structures;

in other cases provided by this Code and legislative acts of the Republic of Kazakhstan.

The period of temporary free land use shall not exceed five years, except for cases when land plots are provided in the form of official land plots and for restoring degraded and disturbed lands, and also in cases of provision of land plots for implementing public-private partnership projects, including concession projects.

Term of the temporary uncompensated land use of a land plot granted for buildings (premises) and installations shall be established by the term of temporary uncompensated use of buildings (premises) and installations, as well as religious structures.

Alienation of land plots on a right of temporary uncompensated land use, including their transfer to the secondary land use shall be prohibited.

Footnote. Article 36 as amended by the Law of the Republic of Kazakhstan dated 05.07.2008 No. 66-IV (the order of enforcement see Article 2); № 380-V as of 31.10.2015 (shall take effect ten calendar days after its first official publication).

Article 37. Temporary compensated land use right (leasehold)

Note of the RCLI!
Paragraph 1 is provided for in the wording of Law of the Republic of Kazakhstan № 389-V as of 02.11.2015.

Temporary compensated (short slighted and long term) land use right (leasehold) of a land plot may be granted to the citizens, non-state legal entities, as well as international organizations.
A temporary fee-based land user (tenant) who duly performed his/her duties, unless otherwise provided for by laws of the Republic of Kazakhstan or the lease agreement, has the right to renew the agreement for another term in the manner provided for in Article 43 of this Code, except for the requirements established by subparagraphs 2), 3), 4), 5) and 8) of paragraph 1 of Article 43 of this Code, subject to immutability of the boundaries of the land plot, and with regard to an agricultural land plot provided for running a peasant or farm enterprise, agricultural production – also in the presence of the results of monitoring of agricultural lands provided for running a peasant or farm enterprise, agricultural production. The temporary fee-based land user (tenant) is obliged to notify the landlord of his/her intention to conclude such an agreement in writing within the time period specified in the lease agreement, or within three months before the lease expires - if such a time period is not specified in the agreement.

Upon expiration of the lease agreement, the temporary fee-based land user (tenant) who duly performed his/her duties, unless otherwise provided for by laws of the Republic of Kazakhstan or the lease agreement, has the right of priority over other persons to enter into a new term agreement.

      2-1. Is excluded by Law of the Republic of Kazakhstan № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication).
      Note of the RCLI!
      Paragraph 3 is provided for in the wording of Law of the Republic of Kazakhstan № 389-V as of 02.11.2015.

Non-state land users, except those specified in paragraph 5 of this Article, ransomed the temporary compensated long term land use right (leasehold) from the state shall have the right to let out land plots (or their parts) belonged to them for lease (sublease) or for temporary uncompensated use, as well as alienate temporary land use right belonged to them, within the term of rental agreement of a land plot without the consent of land plot’s owner, on condition of notification of the authorized body of oblast, city of republican significance, the capital, district, city of oblast subordinance, at location of a land plot, unless otherwise provided by this Code.

In the specified cases, the amenable on the rental agreement of a land plot towards the landlord shall become the new land tenant of a land plot, with the exception of transaction of rental rights on the pledge.

Upon selling of a land plot in the state ownership, the land tenant of this land plot has a priority right of its buying in the manner prescribed by civil legislation of the Republic of Kazakhstan for sale of share in right of common ownership to a third person, with the exception of cases when a leasable land plot shall be acquired by the owners of buildings, constructions and installations.

Note of the RCLI!
Paragraph 5 is provided for in the wording of Law of the Republic of Kazakhstan № 389-V as of 02.11.2015.

Temporary compensated land use right (leasehold) shall be granted:

1) for management of peasant or agrarian economy:

to the citizens of the Republic of Kazakhstan for a term from 10 to 49 years;

to oralmans for a period of up to 25 years.

2) for commercial agriculture:

to non-state legal entities of the Republic of Kazakhstan for a period up to forty-nine years;

Note of the RCLI!
Item three of subparagraph 2) of paragraph 5 is suspended until 31.12.2021 in accordance with Law of the Republic of Kazakhstan № 5-VI as of 30.06.2016 (shall take on the day of its first official publication).

to foreigners, stateless persons and foreign legal entities, and also legal entities with more than fifty percent share of foreigners, stateless persons, foreign legal entities in their authorized capital for a period up to twenty-five years;

3) for mining operations, subsurface space use or prospecting - to subsurface users for the entire duration of a license for subsurface use or a subsurface use contract.

4) to place objects of outdoor (visual) advertising - to citizens and non-state legal entities for a period from five to forty-nine years.

5-1. The temporary paid land use right to house a special economic zone or industrial zone of republican or regional significance is granted for the period indicated in parts three and four of paragraph 2 of Article 35 of this Code.

The land use right to a land plot provided for subsurface use is assigned on the basis of transfer of the subsurface use right from one person to another in accordance with the Code of the Republic of Kazakhstan “On Subsurface and Subsurface Use”.

In this case, the temporary land use (lease) agreement is reissued by the authorized body of a region on the basis of an additional agreement to the subsurface use contract or the reissued license for subsurface use and the agreement on the assignment of rights and obligations under the temporary land use (lease) agreement to a new subsurface user.

Footnote. Article 37 as amended by the Laws of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 No. 116); dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication); № 269-V as of 29.12.2014 (shall take effect on 01.01.2015); № 308-V as of 22.04.2015 (shall take effect ten calendar days after its first official publication); № 5-VI as of 30.06.2016 (shall take effect on the day of its first official publication); № 126-VI as of 27.12.2017 (shall take effect six months after its first official publication); № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication); № 215-VІ as of 08.01.2019 (shall take effect three months after its first official publication); от 03.04.2019 № 243-VІ (shall take effect ten calendar days after its first official publication).

Article 38. Secondary land use right (sublease)

Secondary land use shall accrue on the basis of agreement of the secondary land use in cases when the primary land user does not alienate his land use right, but transfers his land plot (or its part) to the other person for temporary land use upon notice of the authorized body of oblast, city of republican significance, the capital, district, city of oblast subordinance at location of land plot.

The secondary land user is always a temporary land user without right of transaction of his rights to other land users.

Upon transferring of a land plot to the secondary land use, the primary and secondary land users shall incur obligations to the State to the full extent.
Agreement of the secondary land use shall be concluded in a form of rental agreement or agreement of temporary uncompensated use.
The secondary land user shall perform the husbandry on a land plot, as well as shall exercise rights and obligations of land user (articles 64 and 65 of this Code) in compliance of conditions established by agreement for the secondary land use (sublease).
Delivery of agricultural land plots belonging to the individual and legal entities on the basis of right of temporary land use for agricultural production conducting to the secondary land use shall be prohibited, except the cases of grant of land plots in the procedure of service allotment in accordance with Article 41 of this Code.

Footnote. Article 38 as amended by the Law of the Republic of Kazakhstan dated 10 January, 2006 No. 116 (the order of enforcement see Article 2 No. 116).

Article 39. Special aspects of legal status of state land users

State land users shall perform the husbandry on a land plot, as well as shall exercise the other rights of a land user in recognition of designation of this land plot and statutory goals of land user’s activity.
State land user has no right to alienate, as well as deliver in security for the land use right belonging to him.

Provision of first part of this paragraph shall not apply to the cases of alienation of land use right or its pledge linked with alienation or pledge of realty located on a land plot, with the exception of land plot located on lands of specially protected natural areas.

Land use right belonging to the state land users may not be the object of foreclosure after demands of creditors, except the cases of foreclosure on land use right in connection with the foreclosure after demand of creditors for buildings (constructions, installations) belonging to the state land users (paragraph 3 of Article 78 of this Code).
In case of leasing by the state land user of buildings (constructions, installations) belonging to him in the prescribed manner, the land plot occupied by the specified property shall be transferred together with them by the rules established by paragraph 3 of Article 52 of this Code and required for its exploitation in accordance with statutory standards.

Leasing of the land plot on which located buildings (constructions, installations) to the other person without relevant leasing of the building (construction, installation) shall be prohibited.

Leasing by the state land user of a land plot belonging to him for temporary uncompensated land use shall be prohibited, with the exception of cases of grant of a land plot in the procedure of service allotment.

Footnote. Article 39 as amended by the Law of the Republic of Kazakhstan dated 7 July, 2006 No. 176 (shall be enforced from the date of its first official publication).

Article 40. Devolution of land use right in procedure of universal legal succession

Devolution of land use right in the procedure of universal legal succession means origin of land use right of successor in succession in accordance with the Law and in reorganization of a legal person.
In case of death of the citizen whose land plot belongs to him on the basis of long term temporary land use right, the land use right shall be inherited in the manner provided by civil legislation of the Republic of Kazakhstan. If otherwise provided by the agreement of temporary land use, the short slighted temporary land use right shall be inherited in the same manner.
In case of reorganization of a legal person, the land use right belonging to him shall be transferred to the successor in accordance with the regulations of civil legislation of the Republic of Kazakhstan and this Code.

Article 41. Service allotment

Service allotment is a special kind of temporary long term land use without compensation.
The list of categories of employees entitled to the service allotment shall be established by the Government of the Republic of Kazakhstan.
Service allotment shall be allocated from lands in land use of the state legal entities, where persons entitled to allotment are at work.
Service allotment shall be granted for service of dwelling house, crop growing, haying, grazing of livestock, as well as apiary location.
Service allotment applies to the secondary temporary uncompensated land use and shall be granted for the period of work in connection of which it is allocated. In case when sowing of crops is performed on the service allotment, the right of use of service allotment shall be terminated after taking in the harvest by the redundant worker.
Service allotment shall be preserved by:

1) workers terminated employment after retirement according to age and permanent disablement;

2) families of workers called for active obligated service to the ranks of armed Service or entered the study, for the whole time period of these workers in active obligated service or an educational institution;

3) families of workers died in connection with performance of their official duties: for incapable spouse and aged parents – for the term of life, for children – till their majority age.

Right to service allotment in the form of land plot for service of dwelling house shall be preserved to the extent that in accordance with the housing legislation of the Republic of Kazakhstan the habitation shall be preserved in a service housing units.
Grant of land plot in the procedure of service allotment shall be performed on the basis of service allotment grant agreement, concluded between worker and administration of a legal person.
Consummation of any transactions in relation to right of land use of service allotment shall be prohibited.

Footnote. Article 41 as amended by the Law of the Republic of Kazakhstan dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 5. Land plot as object of property right, land use right and other rights in things

Article 42. Limits of right to land plot

Right to land plot, unless otherwise provided by the legislative acts of the Republic of Kazakhstan shall apply to uppermost soil layer, enclosed body of water, plantations within the boundaries of this land plot.

A land plot owner or a subsurface user is permitted to utilize a land plot belonging to him/her/it within its boundaries for the purposes of exercising his/her/its rights provided for in Article 64 of this Code and in accordance with the designated purpose of the land plot and the requirements of the Code of the Republic of Kazakhstan “On Subsurface and Subsurface Use”. The rights to extract common minerals and rights to use groundwater for own needs are granted together with the provision into private ownership or for land use of a land plot, under which the subsurface parcel in question is located.

Owners of land plots or land users shall exercise their own rights to land plots at their own convenience, unless otherwise provided by this Code and legislative acts of the Republic of Kazakhstan.

Rights to land of owners of land plots and land users may be limited on the grounds established by this Code and other legislative acts of the Republic of Kazakhstan.

Owners of land plots or land users in the exercise of environmental emission shall be obliged to receive environmental permit in accordance with the Environmental Code of the Republic of Kazakhstan.

Footnote. Article 42 as amended by the Law of the Republic of Kazakhstan dated 09.01.2007 No. 213 (the order of enforcement see Article 2); № 126-VI as of 27.12.2017 (shall take effect six months after its first official publication).

Article 43. Procedure for grant of right to land plot

The procedure for granting the right to a land plot from state-owned lands, except for the case provided for in Article 44-1, and also lands put up for bidding (tenders, auctions) in accordance with Article 48 of this Code, is as follows:

1) acceptance for consideration of an application (request) for granting the claimed right to a land plot;

2) determination of possibility to use the purchased land plot upon declared designation in accordance with the territorial zoning;

3) preliminary selection of a land plot (when requesting a land plot for the construction of facilities, except for the construction of facilities inside a populated locality);

4) the land commission’s preparation of its opinion;

5) development and approval of land surveying project;

6) deciding by the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, akim of city of district subordinance, rural settlement, village, rural district on granting the right to land plot;

7) conclusion of buy and sell agreement or temporary (short sighted, long term) compensated (uncompensated) land use;

8) establishment of the site boundaries of a land plot;

9) the production and issuance of an identification document for a land plot, except for a land plot intended for the construction of facilities inside a populated locality.

1-1. The procedure for granting the right to a land plot is governed by Article 44-1 of this Code, when requesting a land plot for the construction of facilities inside a populated locality.

Features of provision of land plots, depending on their designated purpose, are determined in accordance with Articles 43-1, 44 and 45 of this Code.

Features of provision of land plots for the creation of special economic zones or industrial zones of republican or regional significance are determined in accordance with Article 119-2 of this Code. Land plots and the right to lease land plots owned by the state and not yet provided for land use may be put up for bidding (tenders, auctions) subject to the provisions established by Article 48 of this Code.

1-2. Land plots located within five hundred meters from the shoreline of a water body are allocated after the demarcation of boundaries of water protection zones and belts, and the establishment of the mode of their economic use, except for lands of specially protected natural areas and the state forest fund.

The procedure for the demarcation of a shoreline is determined by the rules for establishing water protection zones and belts approved by the authorized body for the use and protection of water resources, water supply and disposal.

Land plots are provided into ownership or for land use by local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of towns of district significance, rural settlements, villages, rural districts within their competence established by this Code.

A decision to provide a land plot is made on the basis of a positive opinion of the land commission and a land management project. In case of requesting land plots for defense and national security needs, a decision to provide a land plot is made on the basis of a positive opinion of the land commission, a land management project and positive coordination of the state bodies specified in part two of paragraph 1 of Article 120 of this Code, within seven working days of receipt of the last opinion required.

In this case, the developed and approved land management project and draft decision of the local executive body of a region, city of republican significance, the capital on granting the right to a land plot for defense and national security needs shall be submitted to coordinating state bodies within five working days of preparation of the draft decision. The draft decision shall be coordinated within ten working days of receipt of a positive opinion of the land commission and the land management project for approval.

A decision to refuse to grant a land plot is made on the basis of a negative opinion of the land commission within seven working days of the opinion of the land commission.

Refusal to grant the right to a land plot, except for cases of land seizure, also for state needs in accordance with Article 84 of this Code, is documented as a decision of the local executive body of a region, city of republican significance, the capital, district, city of regional significance, akim of a town of district significance, rural settlement, village, rural district and shall be well-reasoned.

The composition of the land commission is formed by local executive bodies of a region, city of republican significance, the capital, district, city of regional significance and shall be approved by a relevant local representative body. The land commission shall include:

1) deputies of the local representative body;

2) representatives of the authorized body of a region, city of republican significance, the capital, district, city of regional significance, structural units of relevant local executive bodies for architecture and urban planning, agriculture;

3) representatives of public councils, non-governmental organizations in the field of the agro-industrial complex and other sectoral non-governmental organizations, as well as local governments;

4) representatives of the National Chamber of Entrepreneurs of the Republic of Kazakhstan.

In case of allocation of land plots in accordance with Article 43-1 of this Code, land commissions set up at the level of a district or a city of regional significance shall also include:

1) the akim of a town of district significance, rural settlement, village, rural district, inside which the land plot is located;

2) representatives of local population of a concerned town of district significance, rural settlement, village, rural district delegated by the local community gathering.

The composition of land commissions set up at the level of regions, cities of republican significance, the capital shall also include representatives of relevant territorial units of the authorized bodies for environmental protection, agriculture and forestry, use and protection of water resources, water supply and disposal.

At the discretion of the local executive body of a region, city of republican significance, the capital, district, city of regional significance, other persons may also be included in the land commission.

The land commission is a standing body. The land commission must have the odd number of members and consist of at least nine people. At the same time, the number of representatives of public councils, non-governmental organizations in the field of the agro-industrial complex and other sectoral non-governmental organizations, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, as well as local governments shall be at least fifty percent of the total number of the land commission members.

Annually, upon the expiry of consecutive twelve calendar months, all the land commission members shall be changed, except for its chairman and persons indicated in subparagraphs 2) and 4) of part six, subparagraph 1) of part seven and part eight of this paragraph, and its new composition shall be approved.

A deputy akim in charge of land issues is appointed chairman of the land commission.

The working body of the land commission is the relevant authorized body of the region, city of republican significance, the capital, district, city of regional significance.

The secretary of the land commission is chosen from among the officials of the working body. The secretary of the land commission does not take part in voting.

A meeting of the land commission shall be considered valid if it is attended by at least two thirds of the total number of its members. At the same time, the number of representatives of public councils, non-governmental organizations in the field of the agro-industrial complex and other sectoral non-governmental organizations, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, as well as local authorities must be at least fifty percent of the total number of members of the land commission present. Members of the land commission shall participate in its meetings personally.

The land commission shall adopt decisions by open voting.

Voting results are determined by a majority of votes of the total number of members of the land commission present at a meeting, and a decision is considered adopted if voted for by the majority of the land commission members.

In case of disagreement with a decision of the land commission, a member of the land commission has the right to express a special opinion, which must be stated in writing and attached to the decision of the land commission.

The audio, video recording of a meeting of the land commission is mandatory. The audio and video recording of a meeting of the land commission is carried out by the local executive body of a region, city of republican significance, the capital, district, city of regional significance. The procedure for technical application of audio and video recording devices, which ensure the recording of a meeting of the land commission, the storage of audio and video recordings, as well as arrangements for access to audio and video recordings, are determined by the central authorized body.

The land commission shall document its opinion in three copies in the form of a record of decision within five working days of submission to the land commission by a relevant authorized body of a region, city of republican significance, the capital, district, city of regional significance of a proposal on the possibility of using the requested land plot for the designated purpose in accordance with territorial zoning or provision of preliminary selection of a land plot (when requesting a land plot for the construction of facilities, except for the construction of facilities inside a populated locality).

A record of decision of the land commission can be challenged in court.

The execution of a record of decision of the land commission shall be suspended after the submission of an application to court.

One copy of a positive opinion of the land commission, within five working days, shall be given to an applicant to enable him/her/it to prepare a land management project.

The validity of a positive opinion of the land commission is one year from the date of its adoption, except for land plots provided in accordance with Article 43-1 of this Code. Inaction within this one-year term is a ground for the local executive body to refuse to grant the right to a land plot.

Individuals and legal entities interested in obtaining property and (or) land use rights to land plots shall submit an application to the local executive body of a region, city of republican significance, the capital, district, city of regional significance, akim of a town of district significance, rural settlement, village, rural district at the location of the land plot, who shall give the applicant a document confirming the application’s receipt.

The application must indicate: the purpose of use of a land plot; its estimated area; location; the claimed right of use; whether an applicant has or doesn’t have another land plot (with regard to land plots indicated in paragraph 2 of Article 50 of this Code).

In case of requesting a land plot for the purposes of mining, subsurface use or prospecting, an application shall be submitted together with copies of appropriate subsurface use licenses or a subsurface use contract.

An application for granting the right to a land plot shall be received within three working days by authorized bodies of regions, cities of republican significance, the capital, districts, cities of regional significance and structural units of relevant local executive bodies for architecture and urban planning at the location of the land plot, who determine the possibility of using the requested land plot for the stated designated purpose in compliance with territorial zoning.

Authorized bodies of regions, cities of republican significance, the capital, districts, cities of regional significance and structural units of relevant local executive bodies for architecture and urban planning at the location of the land plot decide whether it is possible to use the requested land plot according to the stated designated purpose in compliance with territorial zoning within ten working days of the application’s receipt.

If an applicant is entered in the register of persons whose land plots were expropriated or submits an incomplete set of documents necessary for making a decision on granting or refusing the right to a land plot, the authorized bodies of regions, cities of republican significance, the capital, districts, cities of regional significance at the location of the land plot, within two working days, shall refuse to consider the applicant’s application in writing.

The total time period for consideration of an application for granting the right to a land plot is up to two months from the date of its receipt, except for cases of requesting land plots for defense and national security needs.

The specified period does not include periods for:

drawing up a land management project, which shall be prepared in accordance with paragraph 3 of Article 44 of this Code;

the coordination, specified in paragraph 6 of Article 44 of this Code;

demarcating the boundaries of a land plot on the ground.

Is excluded by Law of the Republic of Kazakhstan № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication).
5. Is excluded by Law of the Republic of Kazakhstan № 225-V as of 02.07.2014 (shall take effect on 01.01.2015).
6. Is excluded by Law of the Republic of Kazakhstan № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first official publication).

6-1. In case of refusal to grant the right to a land plot, except for land plots for running a peasant or farm enterprise, agricultural production, because of the need to grant it through bidding (tenders, auctions), the local executive body of a region, city of republican significance, the capital, district, city of regional significance, akim of a town of district significance, rural settlement, village, rural district shall hold the bidding (tender, auction) for the requested land plot within ninety days of the decision to refuse to grant the right to the land plot.

A copy of a decision of the local executive body of a region, city of republican significance, the capital, district, city of regional significance, akim of a town of district significance, rural settlement, village, rural district on granting or refusing to grant claimed rights to land plots is handed (sent) to the applicant within five working days of the decision.

If allocation of land plots is within the competence of a higher-level executive body, the local executive body of a region, city of republican significance, the capital, district, city of regional significance, akim of a town of district significance, rural settlement, village, rural district shall send a land management case and its decision to the higher-level body for a final decision.

A decision of the local executive body of a region, city of republican significance, the capital, district, city of regional significance, akim of a town of district significance, rural settlement, village, rural district on granting the right to a land plot shall be made within seven working days of receipt of a land management project approved by relevant authorized body of the region, city of republican significance, the capital, district, city of regional significance, and positive opinion of the land commission.

Relevant authorized body of a region, city of republican significance, the capital, district, city of regional significance shall conclude a contract for sale or temporary (short-term, long-term) paid (free) land use on the basis of a decision to grant the right to a land plot within ten working days of the decision’s adoption.

The boundaries of a land plot are demarcated on the ground pursuant to an applicant’s request in the manner established by the legislation of the Republic of Kazakhstan.

An identification document for a land plot shall be issued and given by the State Corporation, which maintains the state land cadastre, within six working days in the manner established by the legislation of the Republic of Kazakhstan.
Identification documents for a land plot issued by the State Corporation maintaining the state land cadastre are as follows:

a certificate of the private ownership right to a land plot – in case of private ownership of a land plot;

a certificate of permanent land use right - in case of permanent land use;

a certificate of temporary paid (long-term, short-term) land use (lease) - in case of temporary paid land use (lease);

a certificate of temporary free land use right – in case of temporary free land use.

In case of transfer of rights to a land plot, an identification document shall be transferred to an acquirer or another holder of the right. In case of no changes in identification characteristics of a land plot, the State Corporation, which maintains the state land cadastre, does not issue a new identification document, but enters information on the transfer of land rights into the land cadastral book and the unified state land register based on the information of the legal cadastre provided for by the Law of the Republic Kazakhstan “On State Registration of Rights to Immovable Property”.

Use of a land plot shall be prohibited until specifically establishment of its boundaries (on the ground) and issue of constitutive documents, unless otherwise provided by decision of the local executive body of oblast, city of republican significance, the capital, district, city of oblast subordinance, akim of city of district subordinance, rural settlement, village, rural district on grant of a land plot. The noncompliance with this regulation shall be treated as unauthorized occupation of a land plot and shall prescribe the administrative responsibility, in accordance with the legislation of the Republic of Kazakhstan on administrative violations.

Consummation of transactions shall be prohibited in reference to land plots, the title documents of which are not executed.

The title and identity documents for land plots granted to citizens and legal entities before enforcement of this Code in accordance with the previous legislation of the Republic of Kazakhstan shall preserve the legal force in recognition of change of rights to land plots established by the land legislation of the Republic of Kazakhstan.

Substitution of these documents to the documents identifying the property right or right to use of land plots in accordance with this Code shall be performed at the wish of possessor of a right.

Right to land plot shall be granted to the persons attained the age of majority, with the exception of cases of registration of rights to land plots for non-adult persons received these land plots under procedure of inheritance in accordance with civil legislation of the Republic of Kazakhstan. Legal representatives of non-adult persons shall have the right to let the land plots on lease until the attainment of heir’s majority.
Order of grant of rights to land plots authorized in accordance with the legislative act of the Republic of Kazakhstan on grace in connection with legalization of property shall be established by the Government of the Republic of Kazakhstan.
Monthly, local executive bodies are obliged to place information with the lists of persons who received a land plot, indicating grounds for granting the land plot, its designated purpose, area, location, type of right, lease term, on special information boards in places accessible to the public, and also by publishing it on their websites and the website of appropriate authorized body of a region, city of republican significance, the capital, district, city of regional significance, and at least once a quarter – in print periodicals distributed in the territory of respective administrative-territorial unit.

Земельный Кодекс Республики Казахстан

Дата публикации

14 июля 2020