Land Code of the Republic of Kazakhstan
Article 43. The procedure for granting the right to a land plot
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The first paragraph of paragraph 1 is amended by the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).
1. The granting of the right to a land plot from lands owned by the state, with the exception of the case provided for in Article 44-1, as well as lands put up for auction (auctions) in accordance with Article 48 of this Code, is carried out in the following order:
1) acceptance for consideration of the application (application) for granting the relevant right to the land plot;
2) determination of the possibility of using the requested land plot for the declared intended purpose in accordance with the territorial zoning;
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Subparagraph 3) is provided for in the wording of the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).
3) preliminary selection of a land plot (when requesting a land plot for the construction of facilities, except for the construction of facilities within the settlement);
4) preparation of the conclusion by the land commission;
5) development and approval of the land management project;
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Subparagraph 6) is amended by the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).
6) making a decision by the local executive body of the region, city of republican significance, capital, district, city of regional significance, akim of the city of district significance, settlement, village, rural district on granting the right to a land plot;
7) conclusion of a contract of sale or temporary (short-term, long-term) paid (gratuitous) land use;
8) establishment of the boundaries of the land plot on the ground;
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Subparagraph 9) is amended by the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).
9) production and issuance of an identification document for a land plot, with the exception of a land plot intended for the construction of facilities within the settlement.
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The first part of paragraph 1-1 is amended by the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).
1-1. The procedure for granting the right to a land plot when requesting a land plot for the construction of facilities within a locality is regulated by Article 44-1 of this Code.
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Paragraph 1-1 is provided to be supplemented with Part two in accordance with the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).
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The second part of paragraph 1-1 is amended by the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).
The specifics of the provision of land plots, depending on the intended purpose, are determined in accordance with Articles 43-1, 44 and 45 of this Code.
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The third part of paragraph 1-1 is provided to be deleted by the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).
The specifics of the 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 that are in state ownership and not provided for land use may be objects of sale at auctions (auctions), taking into account the provisions established by Article 48 of this Code.
Local executive bodies are obliged to post information on vacant land plots and planned auctions (auctions) on the web portal of the state property register, their Internet resources and special information stands in places accessible to the public, with the frequency of updating data quarterly.
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Paragraph 1-2 is provided to be deleted by the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).
1-2. The provision of land plots located within five hundred meters from the shoreline of a water body is carried out after determining the boundaries of water protection zones and strips, as well as establishing the regime of their economic use, with the exception of lands of specially protected natural territories and the state forest fund.
The procedure for determining the coastline is determined by the rules for establishing water protection zones and strips approved by the authorized body in the field of use and protection of the water fund, water supply, sanitation.
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Paragraph 1-3 is amended by the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).
1-3. The provision of land plots located on the aerodrome territory, including those provided in accordance with Articles 43-1, 44, 44-1, 45 and 119-2 of this Code, as well as the acquisition of rights to land plots in accordance with Article 48 of this Code, shall be subject to the restrictions provided for by the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities.
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The first part of paragraph 2 is amended by the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).
2. The provision of land plots for ownership or land use is carried out by local executive bodies of oblasts, cities of republican significance, the capital, districts, cities of regional significance, akims of cities of district significance, settlements, villages, rural districts within their competence established by this Code.
The decision to grant a land plot is made on the basis of a positive conclusion of the land commission and the land management project. In the case of requesting land plots for the needs of defense and national security, the decision to grant a land plot is made on the basis of a positive conclusion of the land commission, a land management project and a positive approval of the state bodies specified in part two of paragraph 1 of Article 120 of this Code, within seven working days from the date of receipt of the last conclusion.
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The third part of paragraph 2 is amended by the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).
At the same time, the developed and approved land management project and the draft decision of the local executive body of the region, the city of republican significance, the capital on granting the right to a land plot for the needs of defense and national security should be sent to the coordinating state bodies within five working days from the date of preparation of the draft of the above decision. Approval of the draft decision is carried out within ten working days from the date of receipt of the draft decision. The positive conclusion of the land commission and the approved land management project are attached to the draft decision.
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Paragraph 2 is provided to be supplemented with part four in accordance with the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).
The decision to refuse to grant a land plot is made on the basis of a negative conclusion of the land commission within three working days after the expiration of the appeal period of the protocol decision of the land commission.
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The fifth part of paragraph 2 is amended by the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).
Refusal to grant the right to a land plot, with the exception of cases of seizure of land plots, including for state needs in accordance with Article 84 of this Code, is formalized by a decision of the local executive body of the region, city of republican significance, capital, district, city of regional significance, akim of the city of district significance, settlement, village, rural district and must be motivated.
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The first paragraph of the sixth part of paragraph 2 is amended by the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).
The composition of the land commission is formed by the local executive bodies of the region, the city of republican significance, the capital, the district, the city of regional significance and is sent for approval to the appropriate local representative body. The composition of the land commission includes:
1) deputies of the local representative body;
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Subparagraph 2) of the sixth part of paragraph 2 is amended by the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).
2) representatives of the authorized body of the region, the city of republican significance, the capital, the district, the city of regional significance, structural divisions of the relevant local executive bodies performing functions in the field of architecture and urban planning, agriculture;
3) representatives of public councils, non-governmental organizations in the field of agro-industrial complex and other sectoral non-governmental organizations, as well as local self-government bodies;
4) representatives of the National Chamber of Entrepreneurs of the Republic of Kazakhstan.
5) representatives of the local council of the agglomeration (if any).
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The first paragraph of the seventh part of paragraph 2 is amended by the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).
In the case of the provision of land plots in accordance with Article 43-1 of this Code, the composition of land commissions established at the level of the district, city of regional significance shall also include:
1) akim of the city of district significance, settlement, village, rural district, on the territory of which the land plot is located;
2) representatives of the local population of the corresponding city of district significance, settlement, village, rural district, delegated by the meeting of the local community.
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The eighth part of paragraph 2 is amended by the Law of the Republic of Kazakhstan dated 05.04.2023 No. 221-VII (effective from 01.07.2023).