General provisions
State institution "Department of land relations, architecture and urban planning of Balkhash town" (further – the Department) is the state body of the Republic of Kazakhstan, carrying out management in the sphere of land relations, architecture and urban planning within administrative-territorial borders of the territory of Balkhash town.
The Department operates in accordance with the Constitution and laws of the Republic of Kazakhstan, acts of the President and Government of the Republic of Kazakhstan, other regulatory legal acts, as well as this Regulation.
The Department is a legal entity in the organizational and legal form of a state institution, has a seal and stamp with its name in the state language, forms of the established sample, in accordance with the legislation of the Republic of Kazakhstan accounts in the Treasury bodies.
The Department enters into civil relations on its own behalf.
The Department has the right to act as a party to civil law relations on behalf of the state, if it is authorized to do so in accordance with the law.
The Department makes decisions on issues of its competence in accordance with the procedure established by law, issued by orders of the head of the Department, and other acts provided for by the legislation of the Republic of Kazakhstan.
The Department's structure and staffing limit are approved in accordance with current legislation.
Location of the Department: 100300, Republic of Kazakhstan, Karaganda region, Balkhash city, Karamende bi street, 10.
Full name of the Department:
in the state language - "Balkash kalasynyn Zher katynastary, Saulet Zhane Kala kurylysy bolimi" Memlekettik mekemesi;
in Russian - the state institution "Department of land relations, architecture and urban development of the city of Balkhash".
This Regulation is the founding document of the Department.
2
The Department is funded from the local budget.
The Department is prohibited from entering into contractual relations with business entities in order to perform duties that are the functions of the Department.
If the Department is granted the right to carry out income-generating activities by legislative acts, the income received from such activities is directed to the state budget revenue.
Mission, main tasks, functions and rights of a state institution
The mission of the Department: implementation of a unified state policy in the field of land relations regulation, architecture and urban development in the territory of the city of Balkhash.
Tasks:
regulation of land relations on the territory of the city in order to ensure the rational use and protection of land;
regulation of architectural, urban planning and construction activities carried out within the established borders on the territory under its jurisdiction;
compliance with the law in the field of land relations, architecture and urban planning;
improving the quality of public services provided;
improving the regulatory framework, monitoring and evaluating the quality of public services provided.
Functions:
identification of ownerless land plots and organization of work on their registration;
implementation of state policy in the field of land relations regulation;
preparation of proposals and draft decisions of the local Executive body on granting land plots and changing their purpose;
preparation of proposals and draft decisions of the local Executive body on the provision of land plots for subsurface use related to the state geological study of subsurface resources and exploration;
preparation of proposals for compulsory alienation of land plots for state needs;
determining the divisibility and indivisibility of land plots;
3
approval of the cadastral (estimated) value of specific land plots sold to private ownership by the state;
organization of land management and approval of land management projects for the formation of land plots;
organization of development of land zoning projects and programs, projects and schemes for rational land use;
organization of development of projects of land and economic organization of territories of localities;
the organization of the land sales (tenders, auctions);
examination of urban programs, projects and schemes that affect the use and protection of land;
drawing up the balance of the city of Balkhash;
keeping records of land owners and land users, as well as other subjects of land relations;
issuance of passports for agricultural land plots;
conclusion of contracts of sale and lease of land and temporary gratuitous land use and control over the execution of the terms of the concluded agreements;
preparation of proposals for the issuance of permits by the local Executive body for the use of land plots for survey work in accordance with article 71 of the Land Code of the Republic of Kazakhstan;
preparation of proposals for the transfer of agricultural land from one type to another;
identification of lands that are unused and used in violation of the legislation of the Republic of Kazakhstan;
preparation of proposals on reservation of lands;
organization of development and submission for approval to the city maslikhat of the draft General plan of the city, projects for establishing and changing the city line and suburban zone borders, as well as the borders of subordinate administrative districts and satellite settlements, integrated urban development schemes;
submission of urban planning documentation for approval by the city maslikhat as part of the city's socio-economic development programs, as well as rules for building, landscaping and engineering support of the city's territory;
making proposals to the city maslikhat to establish rules for the preservation and maintenance of housing stock, other buildings and structures for housing and civil purposes, engineering communications, historical and cultural monuments, objects of the state nature reserve Fund of local significance;
4
informing the city's population about the planned development or other urban planning changes;
approval and implementation of urban development projects, projects of detailed planning and development of the city and suburban area;
making decisions on the selection, provision, and in cases stipulated by legislative acts, and withdrawal for state needs of land plots on the territory under its jurisdiction for development or other urban development;
decision-making on construction (expansion, modernization, upgrading, reconstruction, restoration, capital repair) of buildings, buildings, constructions, engineering and transport communications, as well as engineering preparation of the territory accomplishment and landscaping, conservation of buildings (objects), the execution of works on postoptimization objects of local significance;
determination of the composition and appointment of the Commission for the acceptance of objects (complexes) into operation in accordance with the legislation of the Republic of Kazakhstan, as well as registration and accounting of objects (complexes) put into operation;
organization of preservation of housing stock, communications, historical and cultural monuments, objects of the state nature reserve Fund and control over their normative content (use, operation);
preparation of proposals to the local Executive body for the placement of objects and complexes, as well as documents and recommendations for legal acts adopted by the city's mayor's office in the field of architecture and urban planning, planning, development, landscaping, placement of lightweight structures (shopping tents, kiosks, advertising structures and other service objects);
preparation of conclusions on requests from individuals and legal entities for the provision of land plots in strict accordance with the current legislation, the General plan of the city of Balkhash and other urban planning documentation, responsibility for improper performance of functional duties;
registration of acts of acceptance of objects in operation and keeping records of objects (complexes) being put into operation;
assistance in the work of state bodies of architectural and construction control on the territory of the city;
implementation of measures in the field of assigning serial numbers to land plots, buildings( structures) in accordance with the current legislation and regulatory legal acts of the Republic of Kazakhstan;
5
preparation of architectural and planning tasks on applications of individuals and legal entities in accordance with the legislation of the Republic of Kazakhstan;
analysis of the color environment of the city, placement of small architectural forms, sculptural compositions, elements of urban design, objects of stationary advertising and making appropriate proposals to the mayor of Balkhash;
approval of architectural and construction documentation developed by all subjects of architectural, urban planning and construction activities for implementation on the territory of the city of Balkhash in accordance with the legislation of the Republic of Kazakhstan;
issues documents (certificate) on the absence (demolition) of real estate objects based on the results of postutilization in accordance with the legislation of the Republic of Kazakhstan;
grants permission to change (reconstruction, redevelopment, re-equipment) existing facilities;
monitoring of facilities and complexes under construction (planned for construction) in accordance with the procedure established by the Government of the Republic of Kazakhstan;
exercise of other powers provided for by the legislation of the Republic of Kazakhstan.
Rights and obligations: