1. The term and conditions for the development of a land plot, except for the cases provided for in this article, are determined by local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of cities of district significance, settlements, villages, rural districts, and on the territory of a special economic zone – local executive bodies of the relevant administrative-territorial unit or the management body of the special economic zone within their competence to provide land plots established by this Code, depending on the purpose of the provided land plot and the legal regime of lands established in this territory in accordance with land zoning and town-planning regulations, and are reflected in purchase and sale agreements or land use (lease).
2. If the land plot intended for construction is not used for its intended purpose within three years from the date of the decision on its provision (if a longer period is not provided for in the design and estimate documentation), then such land plot is subject to compulsory withdrawal in accordance with the procedure provided for in Article 94 of this Code, with the exception of the land plot located in privately owned by citizens of the Republic of Kazakhstan for individual housing construction.
In cases where a land plot for the construction of an individual residential building is provided on the right of land use on unprepared sites, the term of development of such a land plot is calculated from the moment it is provided with the appropriate engineering (communal) infrastructure.
3. In cases where a land plot intended for agricultural production, including a peasant or farm, is not used for its intended purpose for a total of two years in a five-year period from the moment of initial detection of the fact of non-use, then such a land plot is subject to compulsory seizure in accordance with the procedure provided for in Article 94 of this Code.
These periods do not include the time during which the land plot could not be used for its intended purpose due to force majeure.
4. Cases of non–use of a land plot provided for agricultural production for its intended purpose include:
1) on arable land - failure to carry out work on processing a land plot for crops;
2) haymaking – non-haymaking on the land plot, the presence of overgrowth with weeds, shrubs, small woodlands and other signs of degradation of the herbage for more than two years;
3) on pastures – the absence of farm animals for grazing or their presence in an amount of less than twenty percent of the maximum permissible load rate on the total area of pastures established by the authorized body in the field of development of the agro-industrial complex, and (or) haymaking for the purpose of forage harvesting;
4) on perennial plantings – failure to carry out maintenance, harvesting and uprooting of decommissioned perennial plantings.
5. Compulsory seizure of a land plot that is not used for its intended purpose and has not been developed does not apply to a land plot owned by orphans, children left without parental care until they reach the age of twenty-one.
Article 93. Compulsory withdrawal from the owner and
land user of the land plot,
used in violation of the law
Republic of Kazakhstan
1. The use of a land plot or its part in violation of the legislation of the Republic of Kazakhstan entails liability in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses.
2. In cases where a land plot is used in violation of the legislation of the Republic of Kazakhstan, such a land plot is subject to compulsory seizure in accordance with the procedure provided for in Article 94 of this Code.
3. Cases of using a land plot in violation of the legislation of the Republic of Kazakhstan include:
1) the use of the land plot or its part is not in accordance with the intended purpose;
2) use of the land plot or its part in violation of the requirements defined by the rules of rational use of agricultural land;
3) non-compliance with the requirements established by Article 99 of this Code;
4) the use of the land plot, which led to a significant deterioration of the environmental situation.
4. If the violation of the legislation of the Republic of Kazakhstan by the owner of the land plot or land user consists in using the land plot not for its intended purpose, then the owner of the land plot or land user is granted the right to apply to the local executive body of the region, city of republican significance, capital, district, city of regional significance within two months from the date of receipt of the order to eliminate the violations identified, to akim of the city of district significance, village, village, rural district at the location of the land plot on the change of its intended purpose.
5. In cases when the use of a land plot or its part, which led to a significant decrease in the fertility of agricultural land or to a significant deterioration of the environmental situation, the owner of the land plot or land user is obliged to compensate the state for damage in accordance with the civil legislation of the Republic of Kazakhstan, except for cases arising due to force majeure.