dated March 27, 2015 No. 272
State service Standard
" Issuing a decision to change the purpose of a land plot"
Footnote. The standard as amended by the Order of the Deputy Prime Minister of the Republic of Kazakhstan-the Minister of Agriculture of the Republic of Kazakhstan dated 30.01.2019 No. 40 (effective 10 (ten) calendar days after the date of its first official publication).
Chapter 1. General provisions
State service "Issuing a decision to change the purpose of the land plot" (hereinafter-the state service).
The State Service Standard (hereinafter referred to as the Standard) was developed by the Ministry of Agriculture of the Republic of Kazakhstan (hereinafter referred to as the Ministry).
The state service is provided by local executive bodies of regions, cities of Nur-Sultan, Almaty and Shymkent, districts and cities of regional significance, akims of cities of district significance, settlements, villages, rural districts (hereinafter referred to as the service provider).
Acceptance of the application and issuance of the result of the provision of public services are carried out through:
1) the office of the service provider;
2) The State Corporation "Government for Citizens" (hereinafter-the State Corporation);
3) e-government web portal www.egov.kz (hereinafter-the portal).
Footnote. Item 3 as amended by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated 27.09.2019 No. 356 (effective ten calendar days after the date of its first official publication).
Chapter 2. Procedure for the provision of public services
Terms of public service provision:
1) from the date of delivery of the package of documents to the service provider, to the State Corporation and to the portal – up to 30 (thirty) calendar days;
when applying to a State Corporation, the date of receipt of documents is not included in the term of rendering the state service, and the result of rendering the state service by the service provider is provided to the State Corporation the day before the end of the term of rendering the state service;
2) the maximum allowed waiting time for the delivery of a package of documents is 15 (fifteen) minutes;
3) the maximum allowed service time is 15 (fifteen) minutes.
Form of public service provision: electronic and (or) paper.
The result of the provision of public services the decision of the service provider to change the purpose of the land plot or a reasoned refusal to provide public services on the grounds provided for in paragraph 10 of this Standard.
The form of providing the result of the provision of public services: electronic and (or) paper.
On the portal, the result of the provision of public services is sent to the" personal account " of the service recipient in the form of an electronic document signed with an electronic digital signature (hereinafter EDS) of the authorized person of the service provider.
If the service recipient applies for the receipt of the result of the provision of the state service on paper, the result of the provision of the state service is issued in electronic form, if necessary, printed out and certified with the seal and signature of the authorized person of the service provider.
The state service is provided free of charge to individuals and legal entities (hereinafter referred to as the service recipient).
Work schedule:
1) the service provider from Monday to Friday from 9.00 to 18.30 hours with a lunch break from 13.00 to 14.30 hours, except for weekends and holidays, according to the labor legislation of the Republic of Kazakhstan Kazakhstan and Article 5 of the Law of the Republic of Kazakhstan of December 13, 2001 "On holidays in the Republic of Kazakhstan "(hereinafter - the Law on Holidays).
Acceptance of the application and issuance of the result of the provision of public services are carried out from 9.00 to 17.30 hours with a lunch break from 13.00 to 14.30 hours.
The state service is provided at the location of the land plot on a first-come, first-served basis, without prior appointment and accelerated maintenance;
2) State Corporation – from Monday to Saturday inclusive, in accordance with the work schedule from 9.00 to 20.00 hours, without a lunch break, except for Sundays and public holidays, in accordance with the labor legislation of the Republic of Kazakhstan and Article 5 of the Law on Holidays.
The state service is provided at the location of the land plot in the order of "electronic queue" without accelerated maintenance;
3) the portal-around the clock, except for technical breaks in connection with the repair work (when the service recipient applies after the end of working hours, on weekends and holidays, according to the labor legislation of the Republic of Kazakhstan and Article 5 of the Law on Holidays, the application is accepted and the result of the provision of public services is issued on the next working day).
The service recipient (or its representative by proxy), including persons who have benefits, submits to the State Corporation or to the service provider and to the portal:
1) application for changing the intended purpose of the land plot in the form according to Annex 1 to this Standard;
2) an identity document (for identification purposes);
3) the act of cadastral (estimated) value of the land plot in case of need of redemption of the land plot gratuitously provided for conducting personal subsidiary farming, gardening, individual housing and dacha construction.
To the portal:
1) an electronic application for changing the intended purpose of a land plot in accordance with Annex 1 to this Standard;
2) an electronic copy of the act of cadastral (estimated) value of the land plot in case of the need to purchase the land plot provided free of charge for conducting personal subsidiary farming, gardening, individual housing and dacha construction.
It is not allowed to request documents from service recipients that can be obtained from information systems.
Information about identity documents, registration (re-registration) of a legal entity, registration of an individual entrepreneur, or the beginning of activity as an individual entrepreneur, confirming the ownership of real estate, title and identification documents for a land plot, and the absence of encumbrances on a land plot, the service provider receives from the relevant state information systems through the gateway of "electronic government".
The service provider and the employee of the State Corporation shall obtain the consent of the service recipient to use the information that constitutes a legally protected secret contained in information systems in the provision of public services, unless otherwise provided by the laws of the Republic of Kazakhstan.
When the service recipient submits all the necessary documents:
the confirmation of acceptance of the application in hard copy to the service provider is a mark on its copy of registration in the office with the date and time of receipt of the application;
the State Corporation of the service recipient is issued a receipt for the acceptance of the relevant application;
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 receipt of the result of the provision of a public service, is sent to the portal in the "personal account".
In a State corporation, the issuance of ready-made documents to the service recipient is carried out on the basis of a receipt, upon presentation of an identity card (or its representative according to a document confirming the authority).
The state corporation ensures the storage of the result for one month, after which it transfers it to the service provider for further storage. If the service recipient applies after one month, at the request of the State Corporation, the service provider within one working day sends the completed documents to the State Corporation for delivery to the service recipient.
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) the negative response of the authorized state body in the field of architecture and urban planning 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 Land Code of the Republic of Kazakhstan dated June 20, 2003;
3) in respect of the service recipient, there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right related to receiving a public service.
If the service recipient provides an incomplete set of documents in accordance with the list provided for in paragraph 9 of the Standard, the employee of the State Corporation issues a receipt for refusal to accept the application in accordance with Annex 2 to this Standard.
Chapter 3. Procedure for appealing decisions, actions (omissions) of the central state body, as well as the service provider and (or) its officials, the State Corporation and (or) its employees on the provision of public services
Appeal against decisions, actions (omissions) The Ministry, as well as the service provider and (or) its officials, the State Corporation and (or) its employees on the provision of public services: a complaint is filed to the head of the service provider or to the head of the Ministry on working days at the addresses specified in paragraph 16 of this Standard.
The complaint is submitted in writing by mail, through the portal or on purpose through the office of the service provider or the Ministry.