Chapter 1. General provisions
These Rules for the provision of public services "Provision of a land plot for the construction of an object within a locality" (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 1) Articles 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On Public Services" (hereinafter referred to as the Law) and define the procedure for the provision of public services "Provision of land for the construction of an object within a locality" (hereinafter referred to as the public service).
Chapter 2. The procedure for the provision of public services
The state service is provided by local executive bodies of regions, cities of republican significance, the capital, districts and cities of regional significance, akims of cities of district significance, settlements, villages, rural districts (hereinafter referred to as the service provider).
In order to receive a public service, individuals and legal entities (hereinafter referred to as the service recipient) through the portal send to the service provider:
the first stage:
1) an application for the provision of a land plot for the construction of an object within a settlement in the form according to Annex 1 to these Rules in the form of an electronic document certified by the service recipient's EDS;
2) an electronic copy of the layout of the land plot.
The second stage: the final agreed act of choice.
The reclamation of documents from service recipients that can be obtained from information systems is not allowed.
The list of basic requirements for the provision of public services, including the characteristics of the process, form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services, is set out in the standard of public services according to "Provision of land for the construction of an object within the settlement" according to Appendix 2k to these Rules.
Information about an identity document, about registration (re-registration) of a legal entity, about registration of an individual entrepreneur, or about the beginning of activity as an individual entrepreneur confirming ownership of real estate, about title and identification documents for a land plot, about the absence of encumbrances on a land plot, is processed by the service provider from the relevant state information systems via the gateway of "electronic government".
The status of acceptance of a request for the provision of a public service, as well as a notification indicating the date and time of the provision of a public service, is sent to the service recipient's personal account.
If the service recipient applies after the end of working hours, on weekends and holidays according to According to the Labor Code of the Republic of Kazakhstan dated November 23, 2015, the acceptance of the application and the issuance of the result of the provision of public services are carried out on the next working day.
The state service is provided by the service provider in two stages.
The first stage: production of the act of choosing a land plot with its situational scheme, architectural and planning task - within 28 (twenty–eight) working days:
1) an employee of the service provider's office registers the received documents within 15 (fifteen) minutes and submits them to the service provider's management for consideration;
2) the service provider's management reviews the received documents within 1 (one) working day and sends them to the authorized body in the field of architecture and urban planning;
3) the head of the authorized body in the field of architecture and urban planning examines the documents, determines the responsible executor on the day of receipt of the documents;
4) responsible executor of the authorized body in the field of architecture and urban planning:
within 7 (seven) working days, prepares an act of choosing a land plot with its situational scheme, architectural and planning task and sends them for approval simultaneously to all interested state bodies, relevant services, subjects of natural monopolies and to the State Corporation "Government for Citizens" (hereinafter - the State Corporation) through information systems of state bodies or on paper in the absence of the coordinating bodies of these systems;
the coordinating bodies within 12 (twelve) working days submit an appropriate conclusion on the possibility of providing a land plot for the stated purpose;
subjects of natural monopolies from the date of receipt of the situational scheme within 5 (five) working days prepare and submit technical conditions for connection to utility networks;
5) in case of receipt of positive conclusions – the authorized body in the field of architecture and urban planning within 5 (five) working days prepares and sends the final act of choosing a land plot with the application of architectural and planning tasks, technical conditions for connection to utility networks;
6) in case of a negative decision – the authorized body in the field of architecture and urban planning within 1 (one) working day prepares a draft reasoned response to the refusal to provide public services and sends it for signature to the head of the authorized body in the field of architecture and urban planning;
7) the head of the authorized body in the field of architecture and urban planning within 1 (one) working day reviews and signs the final act of choice or a reasoned response to the refusal to provide public services;
8) the responsible executor of the authorized body in the field of architecture and urban planning sends through the portal to the personal account of the service recipient in the form of an electronic document signed by an EDS, the final act of selection and the invoice (estimate) for the production of the land cadastral plan provided by the State Corporation for approval with the service recipient, or a reasoned response on refusal to provide public services.
Approval of the final act of selection and payment for the services of land cadastral works by the service recipient are carried out within 3 (three) working days. The validity period of the selection act not agreed upon by the service recipient is 10 (ten) working days. After the expiration of the specified period, the State Corporation returns to the structural subdivision of the relevant local executive body performing functions in the field of architecture and urban planning, for cancellation of the uncoordinated act of choice, with notification of the service recipient.
The second stage: when approving the final act of selection and payment for the services of land cadastral works by the service recipient, making a decision on granting the right of land use to the land plot - within 18 (eighteen) working days:
1) The State Corporation within 10 (ten) working days produces a land cadastral plan and sends it to the authorized body in the field of land relations;
2) the head of the authorized body in the field of land relations within 3 (three) working days reviews, approves the land cadastral plan and determines the responsible executor of the authorized body in the field of land relations;
3) the responsible executor of the authorized body in the field of land relations within 3 (three) working days prepares a draft decision of the service provider on granting the right to a land plot.
If a decision (order) is made by the akims of a settlement, village, rural districts, the approved land cadastral plan is sent to the office of the service provider;
4) the management of the service provider within 1 (one) working day considers and signs the draft decision on granting the right to the land plot;
5) an employee of the office of the service provider registers the result of the provision of public services within 15 (fifteen) minutes and sends it through the portal to the personal account of the service recipient in the form of an electronic document signed by the service provider's EDS.
The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of the provision of public services.
In case of failure of the information system, the service provider immediately notifies the employee of the structural unit of the service provider responsible for the information and communication infrastructure.
In this case, the responsible employee for the information and communication infrastructure draws up a protocol on a technical problem and signs it by the service provider.
The grounds for refusal to provide a public service are:
1) establishing the unreliability of the documents submitted by the service recipient for receiving the state service, and (or) the data (information) contained therein;
2) non-compliance of the service recipient and (or) the submitted materials, data and information necessary for the provision of public services with the requirements established by part six of paragraph 3 and paragraph 6-1 of Article 43, part two of paragraph 6 of Article 49-2, paragraphs 2 and 2-1 of Article 50 of the Code;
3) the negative response of the coordinating bodies to the request for approval, which is required for the provision of public services in accordance with paragraph 4 of Article 44-1 of the Code.
Chapter 3. The procedure for appealing decisions, actions (inaction) of service providers, and (or) their officials on the provision of public services
A complaint against the decision, action (inaction) of the service provider on the provision of public services is filed to the head of the service provider, to the authorized body for the assessment and control of the quality of public services.
The complaint of the service recipient received by the service provider, in accordance with paragraph 2 of Article 25 of the Law, is subject to consideration within 5 (five) working days from the date of its registration.
GU "Apparatus of akim of the rural district of Baidibek bi"