Chapter 1. General provisions
1. These Rules for the provision of public services "Issuance of a decision to change the purpose of a land plot" (hereinafter – the Rules) are developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On Public Services" (hereinafter – the Law) and determine the procedure for the provision of public services "Issuance of a decision to change the purpose of the land plot" (hereinafter – the state service).
Chapter 2. The procedure for the provision of public services
3. 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 a city of district significance, a settlement, a village, a rural district (hereinafter referred to as the service provider).
4. In order to receive a public service, individuals and legal entities (hereinafter referred to as the service recipient) send the service provider via the portal:
1) an application for changing the purpose of a land plot 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 act of the cadastral (estimated) value of the land plot, if its intended purpose is changed, if it is necessary to pay to the budget an amount equal to the cadastral (estimated) value of the land plot, payments to the budget an amount equal to the difference between the cadastral (estimated) value according to paragraph 5 of Article 9 of the Code.
The reclamation of documents from service recipients that can be obtained from information systems is not allowed.
5. 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 "Issuance of a decision to change the purpose of a land plot" according to Annex 2 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.
6. An employee of the office of the service provider shall receive and register the documents specified in paragraph 4 of these Rules and transmit them to the head of the service provider, or to the person replacing him, on the day of receipt of the application.
If the service recipient applies after the end of working hours, on weekends and holidays, according to the Labor Code of the Republic of Kazakhstan dated November 23, 2015, documents are accepted and the result of the provision of public services is issued on the next working day.
If the service recipient submits an incomplete package of documents and (or) expired documents, the service provider prepares a refusal to accept the application within 1 (one) business day and sends a notification to the service recipient's personal account in the form of an electronic document signed by the EDS of the authorized person of the service provider.
7. The head of the service provider or the person replacing him/her gets acquainted with the content of the documents, imposes a resolution and within 1 (one) working day sends an application for changing the purpose of the land plot to the authorized body for land relations or to a structural subdivision in the field of architecture and urban planning, within the competence.
8. The responsible executor of the authorized body for land relations or structural subdivision in the field of architecture and urban planning, within the competence within 1 (one) working day from the date of receipt of the application determines the possibility of using the land plot for the stated purpose and sends it for approval simultaneously to all interested state bodies, relevant services for engineering and utilities.
9. The coordinating bodies within 3 (three) working days submit relevant conclusions on the possibility of using the land plot for the declared intended purpose.
10. The responsible executor of the authorized body for land relations or structural subdivision in the field of architecture and urban planning, within the competence, within 1 (one) working day from the date of receipt of the conclusions, prepares a proposal on the possibility of using the land plot for the stated purpose.
11. The responsible executor of the authorized body for land relations prepares materials for consideration by the land commission.
12. The conclusion of the land commission is drawn up in two copies in the form of a protocol decision within 5 (five) working days from the date of receipt by the land commission of a proposal on the possibility of changing the purpose of the land plot.
13. The responsible executor of the Commissioner for Land relations or structural subdivision in the field of architecture and urban planning, within the competence, within 1 (one) working day from the date of receipt of the relevant conclusion of the land commission prepares the appropriate decision of the service provider.
If a decision (order) is made by the akims of a city of district significance, settlement, village, rural districts, the conclusion of the land commission is sent to the office of the service provider.
14. The decision of the service provider to change the land plot or a reasoned refusal to provide public services is made within 2 (two) working days from the date of receipt of the relevant conclusion of the land commission.
15. An employee of the office of the service provider sends through the portal to the personal account of the service recipient a corresponding decision in the form of an electronic document signed by the EDS of the authorized person of the service provider.
16. 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.
17. 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.
18. 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 paragraph 5 of Article 9 and paragraph 3-2 of Article 97 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 5 of Article 49-1 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
19. A complaint against the decision, action (inaction) of the service provider on the provision of public services is submitted 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.
The complaint of the service recipient received by the authorized body for the assessment and control of the quality of public services is subject to consideration within 15 (fifteen) working days from the date of its registration.
20. In cases of disagreement with the results of the provision of public services, the service recipient applies to the court in accordance with subparagraph 6) of paragraph 1 of Article 4 of the Law.
For all questions, you can contact the office of the akim of the rural district of Baidibek bi by phone +772775/56-0-12 , or at the address of S.Baidibek bi, Shevchenko str., 18 A.
State Institution "Office of Akim of Kazakhstan rural district"