Appendix 9 to the order
Minister of Agriculture
of the Republic of Kazakhstan
dated October 1, 2020 No. 301
Rules for the provision of public services "Provision of land for the construction of an object within the boundaries of a locality"
Chapter 1. General provisions
These Rules for the provision of the state service "Provision of land for the construction of an object within a locality" (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 State Services" (hereinafter – the Law) and determine the procedure for the provision of the state service "Provision of land for the construction of an object within a locality" (hereinafter – the state service).
The following basic concepts are used in these Rules:
1) personal account – the user's account on the e-government web portal";
2) decisions of local executive bodies – legal acts of local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, as well as akims of cities of district significance, settlements, villages, rural districts on granting the right to a land plot;
3) the authorized body for land relations – a structural subdivision of the local executive bodies of the region, the city of republican significance, the capital, the district, the city of regional significance, performing functions in the field of land relations;
4) land plot – a part of land allocated within closed borders, assigned in accordance with the established procedure by the Land Code of the Republic of Kazakhstan dated June 20, 2003 (hereinafter referred to as the Code) to the subjects of land relations;
5) land cadastre plan of a land plot (hereinafter – land cadastre plan)- a document containing the identification characteristics of a land plot provided for construction purposes within a locality, necessary for the purposes of maintaining land, legal and urban planning cadastres;
6) construction activities (hereinafter referred to as construction) – activities for the creation of fixed assets for production and non-production purposes through the construction of new and (or) modification (expansion, modernization, technical re-equipment, reconstruction, restoration, capital repairs) of existing objects (buildings, structures and their complexes, communications), installation( dismantling), related technological and engineering equipment, manufacture (production) of building materials, products and structures, as well as the implementation of works on the conservation of construction of unfinished objects and postutilization of objects, who have worked out their resource;
7) public service standard – a list of the main 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;
8) the web portal of "electronic government" (hereinafter referred to as the portal) is an information system that provides a single window of access to all consolidated government information, including the regulatory framework, and to public services, services for issuing technical conditions for connecting to the networks of natural monopoly entities and services of quasi-public sector entities provided in electronic form;
9) electronic digital signature (hereinafter referred to as EDS) – a set of electronic digital symbols created by means of an electronic digital signature and confirming the authenticity of an electronic document, its ownership and immutability of its content.
Chapter 2. Procedure for the provision of public services
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 cities of district significance, settlements, villages, rural districts (hereinafter referred to as the service provider).
In order to receive a public service, individuals and legal entities (hereinafter referred to as the service recipient) send to the service provider via the portal:
first stage:
1) an application for the provision of a land plot for the construction of an object within a locality in accordance with Annex 1 to these Rules in the form of an electronic document certified by the EDS of the service recipient;
2) an electronic copy of the layout of the land plot.
The second stage: the final agreed act of selection.
It is not allowed to request documents from service recipients that can be obtained from information systems.
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 according to "Provision of land for the construction of an object within the boundaries of a locality" in accordance with Annex 2 to these Rules.
Information about the identity document, about the registration (re-registration) of a legal entity, about the registration of an individual entrepreneur, or about the beginning of activity as an individual entrepreneur, confirming the ownership of real estate, about the title and identification documents for the land plot, about the absence of encumbrances on the land plot, is processed by the service provider from the relevant state information systems through the "electronic government" gateway.
The service recipient is sent to the personal account a status on acceptance of the request for the provision of public services, as well as a notification indicating the date and time of the provision of public services.
If the service recipient applies after the end of working hours, on weekends and holidays in accordance with the Labor Code of the Republic of Kazakhstan dated November 23, 2015, the application is accepted and the result of the provision of public services is issued on the next working day.
The state service is provided by the service provider in two stages.
The first stage: production of the act of selection of the land plot with its situational scheme, architectural and planning task-within 28 (twenty-eight) working days:
1) an employee of the service provider's office registers the received documents within 15 (fifteen) minutes and submits them to the service provider's management for consideration;
2) the management of the service provider within 1 (one) working day considers the received documents and sends them to the authorized body in the field of architecture and urban planning;
3) the head of the authorized body in the field of architecture and urban planning examines the documents, determines the responsible executor on the day of receipt of the documents;
4) responsible executor of the authorized body in the field of architecture and urban planning:
within 7 (seven) working days, prepares the act of selecting the land plot with its situational scheme, architectural and planning task and sends them for approval simultaneously to all interested state bodies, relevant services, subjects of natural monopolies and to the State Corporation "Government for Citizens" (hereinafter – the State Corporation) through the information systems of state bodies or on paper in the absence of these systems from the coordinating bodies;
the approving authorities within 12 (twelve) working days submit a corresponding conclusion on the possibility of providing a land plot for the declared intended purpose;
subjects of natural monopolies from the date of receipt of the situational scheme within 5 (five) working days prepare and submit technical conditions for connection to engineering networks;
5) in case of receipt of positive conclusions-the authorized body in the field of architecture and urban planning within 5 (five) working days prepares and sends the final act of selection of the land plot with the application of the architectural and planning task, technical conditions for connection to engineering networks;
6) in case of a negative decision-the authorized body in the field of architecture and urban planning within 1 (one) working day prepares a draft reasoned response to the refusal to provide public services and sends it for signature to the head of the authorized body in the field of architecture and urban planning;
7) the head of the authorized body in the field of architecture and urban planning within 1 (one) working day considers and signs the final act of selection or a reasoned response to the refusal to provide a public service;
8) the responsible executor of the authorized body in the field of architecture and urban planning sends through the portal to the personal account of the service recipient in the form of an electronic document signed by the EDS, the final act of selection and the invoice (estimate) for the production of the land cadastral plan provided by the State Corporation for approval with the service recipient, or a reasoned response to the refusal to provide the state service.
Approval of the final act of selection and payment for the services of land and cadastral works by the service recipient is carried out within 3 (three) working days. The term of validity of the selection act not agreed upon by the service recipient 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 cancellation of the uncoordinated act of choice, with notification of the service recipient.
The second stage: 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-within 18 (eighteen) working days: