Appendix
to the Order
of the Acting Minister
of National Economy
of the Republic of Kazakhstan
dated March 27, 2015 No. 270
Standard of the state service
" Provision of a land plot for the construction of an object within the boundaries of a locality"
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 25.01.2019 No. 32 (entered into force after ten calendar days after the date of its first official publication).
Chapter 1. General provisions
State service "Provision of a land plot for the construction of an object within the boundaries of a locality" (hereinafter referred to as 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 State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation);
2) 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 submission of the package of documents to the State Corporation and to the portal:
stage 1: preparation of the act of land plot selection, with positive conclusions of the coordinating bodies and organizations – 28 (twenty-eight) working days;
stage 2: when approving the final act of selection and payment for the services of land and cadastral works by the service recipient - making a decision on granting the right of land use to the land plot – 22 (twenty-two) working days;
when applying to a State Corporation, the day of reception 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 a public service is the decision of the service provider to grant the right of land use to the land plot with the application of the land cadastre plan or a reasoned response to the refusal to provide a public service 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 for a fee to individuals and legal entities (hereinafter referred to as the service recipient).
Payment is made in cash or non-cash form through second-tier banks to the settlement account of the corresponding branch of the State Corporation.
In the case of submitting an electronic request for a public service through the web portal, payment is made through the payment gateway of the "electronic government" (hereinafter-PSHEP).
The production of a land cadastre plan for a land plot for orphans and children left without parental care for the period up to the age of eighteen is carried out free of charge.
Work schedule:
1) 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 of the Republic of Kazakhstan of December 13, 2001 "On Holidays in the Republic of Kazakhstan" (hereinafter the Law).
The state service is provided at the location of the land plot in the order of "electronic queue" without accelerated and preliminary maintenance, it is possible to book an electronic queue through the portal;
2) 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, 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 a single copy to the State Corporation:
stage 1:
1) an application for the provision of a land plot for the construction of an object within the boundaries of a locality in accordance with Annex 1 to this Standard;
2) the layout of the land plot;
3) an identity document (for identification purposes);
approval of the final act of selection and payment for the services of land cadastral works by the applicant is carried out within 3 (three) working days. The validity period of the selection act not approved by the applicant is 10 (ten) working days. At the end of the specified period, the State Corporation returns to the structural division of the relevant local executive body that performs functions in the field of architecture and urban planning for the cancellation of the uncoordinated act of choice, with the notification of the service recipient;
Stage 2: the final agreed act of selection.
When accepting documents, the employee of the State Corporation reproduces electronic copies of the documents, and then returns the originals to the service recipient;
to the portal:
stage 1:
1) an electronic application for the provision of a land plot for the construction of an object within the boundaries of a locality in accordance with Annex 1 to this Standard;
2) an electronic copy of the layout of the land plot;
approval of the final act of selection and payment for the services of land cadastral works by the applicant is carried out within 3 (three) working days. The validity period of the selection act not approved by the applicant is 10 (ten) working days, after which a notification is sent to the service recipient;
Stage 2: the final agreed act of selection in the form of an electronic document.
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, the absence of encumbrances on a land plot, confirming payment by the service recipient (in the case of payment through PSHEP), the service provider and an employee of a State corporation receive from the relevant state information systems through PSHEP.
The service provider and the employee of the State Corporation receive 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 accepting documents through a State Corporation, the service recipient is issued a receipt for accepting the application.
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).
In the case of an application through the portal, the service recipient is sent to the" personal account " the status of acceptance of the request for the provision of public services, as well as a notification indicating the date and time of receipt of the result of the provision of public services.
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) 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;
3) 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 2 of paragraph 1 and paragraph 6 of Article 24, Part 6 of paragraph 3 and paragraph 6-1 of Article 43, part 2 of paragraph 6 of Article 49-2, paragraph 2, 2-1 and 4 of Article 50 of the Land Code of the Republic of Kazakhstan dated June 20, 2003.
If the service recipient provides an incomplete set of documents in accordance with the list provided for in paragraph 9 of this Standard, the employee of the State Corporation issues a receipt for refusal to accept the application in accordance with Annex 2 to this Standard.