About changes in land legislation

The Law of the Republic of Kazakhstan dated June 30, 2021 No. 59-VII "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the development of Land relations" introduced a number of amendments and additions to the Land Code, which entered into force on January 1, 2022.

The main innovations are:

1. Transfer of the functions of state control over the use and protection of agricultural lands from the akimats of cities and districts to the Land Management Committee of the Ministry of Agriculture of the Republic of Kazakhstan, with the creation of territorial divisions for land management in the regions.
2. Prohibition on granting agricultural lands to private ownership and land use to citizens of the Republic of Kazakhstan who are married with foreigners or stateless persons.

At the conclusion of marriage (matrimony) by citizens of the Republic of Kazakhstan with foreigners or stateless persons, the right of private ownership or land use for agricultural land is subject to alienation within 3 months.

3. Provision of agricultural land within the border zone of the State Border exclusively on the right of temporary land use and only to citizens of the Republic of Kazakhstan and legal entities of the Republic of Kazakhstan without foreign participation.
4. Prohibition on the provision of pasture lands to private ownership and land use within settlements and their use only for the needs of the population for grazing farm animals of a personal farmstead.
5. Civil law transactions with the right of land use (lease) are allowed without the purchase of this right from the state, on agricultural lands after the expiration of the five-year lease term from the moment of the provision of the land plot.

At the same time, a land user who has alienated the right of land use on agricultural lands is obliged to notify the authorized body (department of land relations) of the district, city of regional significance at the location of the land plot in writing within 3 working days after the civil transaction.

The contract of temporary paid land use (lease) is reissued to a new land user by the Land Relations Department on the basis of civil law transactions for a period up to the expiration of the original lease.

The right of temporary paid land use for a land plot for a new land user arises from the moment of registration of changes in the terms of the contract of temporary paid land use (lease) of agricultural land plots.

Civil law transactions concluded by individuals and (or) legal entities in violation of the above requirements are invalid.

At the same time, the total total size of agricultural land plots that may be on the right of temporary paid land use by a citizen of the Republic of Kazakhstan for farming or farming, a non-governmental legal entity of the Republic of Kazakhstan without foreign participation for agricultural production, should not exceed the maximum (maximum) size of land plots established by the Government of the Republic of Kazakhstan.

6. The obligation of local executive bodies to post quarterly information on vacant land plots and planned auctions (auctions) on the web portal of the register of state property, their Internet resources and special information stands in places accessible to the public.
7. The term of appeal in court of the protocol decision of the land commission is established within seven working days from the date of its receipt by the applicant in the manner provided for by the Administrative Procedural Code of the Republic of Kazakhstan.

The duty of the working body of the land commission to post monthly protocol decisions of the land commission on the Internet resource of the relevant authorized body of the region, city of republican significance, capital, district, city of regional significance.

8. Determination of the maximum size of land plots put up for tender for granting the right of temporary paid land use (lease) for farming, agricultural production, by joint decisions of akimats and maslikhats of districts, cities of regional significance, depending on local conditions and peculiarities. At the same time, the specified sizes should not exceed the maximum (maximum) sizes of land plots established by the Government of the Republic of Kazakhstan.
9. When participating in a tender for granting the right of temporary paid land use (lease) for farming, agricultural production, Persons living in this area, city, village, settlement for at least 5 years are given an advantage in the form of assigning additional points to their competitive proposals when receiving a land plot.

Also, the Order of the Minister of Agriculture of the Republic of Kazakhstan dated October 15, 2021 No. 297 approved the Rules for organizing and conducting auctions (tenders, auctions) for the sale of land plots or the right to lease land plots in electronic form on the web portal of the register of state property.

According to these Rules, akimats of cities and districts sell land plots and lease rights only in the form of electronic auctions on the portal gosreestr.kz .

State Institution "Management of Land Relations of East Kazakhstan Region"