Acquisition of titles to state-owned land plots that do not require bidding (auctions)

If a land plot is located on an aerodrome adjacent territory: a permit issued in accordance with the Rules for issuing permits for activities that may pose a threat to the safety of aircraft flights approved by the Decree of Government of the Republic of Kazakhstan No. 504 as of May 12, 2011.

1. To implement investment projects in accordance with Article 284 of the Commercial Code of the Republic of Kazakhstan:

1) An application.

2) Scheme (plan) of a requested land plot.

3) The decision on determination of an investment project for provision of land plots from state ownership.

2. For operation and maintenance of buildings (structures, facilities) belonging to an individual on the right of ownership and (or) other property rights, including for the expansion and reconstruction of buildings (structures, facilities) on adjacent territory in accordance with architectural and urban planning and (or) construction documentation approved in accordance with the procedure established by the legislation of the Republic Kazakhstan on architectural, urban planning and construction activities:

1) An application.

2) Scheme (plan) of a requested land plot.

3) A positive statement issued by a structural subdivision of local executive body performing functions in the field of architecture and urban planning.

3. For construction of buildings (structures, facilities) and engineering and communication networks thereto on the territory where previously survey work for construction purposes was carried out in accordance with Article 71 of the Land Code of the Republic of Kazakhstan, provided that the rights to land plots that previously belonged to third parties within the planned development in accordance with detailed planning design:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Permit to conduct survey works.

4. For construction of engineering and communication networks and systems to land plots belonging to an individual on the right of ownership and land use, according to the routing diagrams issued by the architecture and urban planning authorities along with technical conditions for connection to engineering networks and architectural planning specifications in accordance with the procedure established by the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Architectural planning specifications with technical conditions.

5. For operation and maintenance of a condominium facility, a condominium participants need to provide:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Decision on the establishment of a condominium.

4) Minutes of general meeting of tenants of multi-apartment residential apartments on the operation and maintenance of a condominium facility.

6. For the purposes of subsurface use based on a subsurface use license or a subsurface use contract in accordance with the Code of the Republic of Kazakhstan "On Subsurface and Subsurface Use", as well as for construction and (or) placement of engineering, transport and other infrastructure necessary for mining operations, use of subsurface space:

1) An application.

2) Scheme (plan) of a requested land plot.

3)Contract for subsurface use.

7. For a participant of a special economic zone or an industrial zone of republican or regional significance, a management company of a special economic zone or an industrial zone in accordance with the legislation of the Republic of Kazakhstan on special economic and industrial zones:

1) An application.

2) Scheme (plan) of a requested land plot.

3) A document confirming participation in a special economic zone or an industrial zone.

8. From land use categories of water fund occupied by territorial waters for construction of artificial structures:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Statements issued by the bodies of water management and environmental protection with location data of a land plot.

9. For the needs of railway, automobile, sea and inland water, air, pipeline transport, for the needs of communications and energy, as well as for construction of other facilities of state significance:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Approvals of authorized bodies of railway, automobile, sea and inland water, air, pipeline transport and communications and energy.

10. For public facilities intended to meet the needs of the population (water pipelines, heating pipe mains, sewage treatment plants and other engineering and communication networks and systems, infrastructure for separate collection of solid household waste), as well as for special-purpose facilities in accordance with subclause 8) of part five of Clause 3 of Article 107 of the Code:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Utility systems layout.

11. For managing personal subsidiary farming, gardening, summer residence construction in accordance with Clause 3 of Article 9 of the Code:

1) An application.

2) Scheme (plan) of a requested land plot.

12. For private afforestation:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Afforestation plan and project.

13. For construction of facilities provided for by the documents of the State Planning System of the Republic of Kazakhstan, investment projects that ensure state interests and achievement of socially significant goals:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Decision of a local executive body and recognition of the project as an investment one.

14. For domestic industrial enterprises in accordance with Clause 3 of Article 9 of the Land Code:

1) An application.

2) Scheme (plan) of a requested land plot.

15. Private partners for implementation of public-private partnership projects or concessionaires for implementation of concession projects:

1) An application.

2) Scheme (plan) of a requested land plot.

3) A public-private partnership agreement or a concession agreement.

16. For social and entrepreneurial corporations for implementation of investment and innovative projects:

1) An application.

2) Scheme (plan) of a requested land plot.

3) A public-private partnership agreement or a concession agreement.

17. For subjects of industrial and innovative activity for implementation of industrial and innovative projects:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Decision of a local executive body and recognition of the project as an investment one.

18. For participants (members) of an economic partnership or a production cooperative upon withdrawal from the membership of participants (members) in accordance with Clause 3 of Article 101 of the Code:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Minutes of general meeting of participants on withdrawal from the membership.

If a land plot is located on an aerodrome adjacent territory: a permit issued in accordance with the Rules for issuing permits for activities that may pose a threat to the safety of aircraft flights approved by the Decree of Government of the Republic of Kazakhstan No. 504 as of May 12, 2011.

1. To implement investment projects in accordance with Article 284 of the Commercial Code of the Republic of Kazakhstan:

1) An application.

2) Scheme (plan) of a requested land plot.

3) The decision on determination of an investment project for provision of land plots from state ownership.

2. For operation and maintenance of buildings (structures, facilities) belonging to an individual on the right of ownership and (or) other property rights, including for the expansion and reconstruction of buildings (structures, facilities) on adjacent territory in accordance with architectural and urban planning and (or) construction documentation approved in accordance with the procedure established by the legislation of the Republic Kazakhstan on architectural, urban planning and construction activities:

1) An application.

2) Scheme (plan) of a requested land plot.

3) A positive statement issued by a structural subdivision of local executive body performing functions in the field of architecture and urban planning.

3. For construction of buildings (structures, facilities) and engineering and communication networks thereto on the territory where previously survey work for construction purposes was carried out in accordance with Article 71 of the Land Code of the Republic of Kazakhstan, provided that the rights to land plots that previously belonged to third parties within the planned development in accordance with detailed planning design:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Permit to conduct survey works.

4. For construction of engineering and communication networks and systems to land plots belonging to an individual on the right of ownership and land use, according to the routing diagrams issued by the architecture and urban planning authorities along with technical conditions for connection to engineering networks and architectural planning specifications in accordance with the procedure established by the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Architectural planning specifications with technical conditions.

5. For operation and maintenance of a condominium facility, a condominium participants need to provide:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Decision on the establishment of a condominium.

4) Minutes of general meeting of tenants of multi-apartment residential apartments on the operation and maintenance of a condominium facility.

6. For the purposes of subsurface use based on a subsurface use license or a subsurface use contract in accordance with the Code of the Republic of Kazakhstan "On Subsurface and Subsurface Use", as well as for construction and (or) placement of engineering, transport and other infrastructure necessary for mining operations, use of subsurface space:

1) An application.

2) Scheme (plan) of a requested land plot.

3)Contract for subsurface use.

7. For a participant of a special economic zone or an industrial zone of republican or regional significance, a management company of a special economic zone or an industrial zone in accordance with the legislation of the Republic of Kazakhstan on special economic and industrial zones:

1) An application.

2) Scheme (plan) of a requested land plot.

3) A document confirming participation in a special economic zone or an industrial zone.

8. From land use categories of water fund occupied by territorial waters for construction of artificial structures:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Statements issued by the bodies of water management and environmental protection with location data of a land plot.

9. For the needs of railway, automobile, sea and inland water, air, pipeline transport, for the needs of communications and energy, as well as for construction of other facilities of state significance:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Approvals of authorized bodies of railway, automobile, sea and inland water, air, pipeline transport and communications and energy.

10. For public facilities intended to meet the needs of the population (water pipelines, heating pipe mains, sewage treatment plants and other engineering and communication networks and systems, infrastructure for separate collection of solid household waste), as well as for special-purpose facilities in accordance with subclause 8) of part five of Clause 3 of Article 107 of the Code:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Utility systems layout.

11. For managing personal subsidiary farming, gardening, summer residence construction in accordance with Clause 3 of Article 9 of the Code:

1) An application.

2) Scheme (plan) of a requested land plot.

12. For private afforestation:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Afforestation plan and project.

13. For construction of facilities provided for by the documents of the State Planning System of the Republic of Kazakhstan, investment projects that ensure state interests and achievement of socially significant goals:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Decision of a local executive body and recognition of the project as an investment one.

14. For domestic industrial enterprises in accordance with Clause 3 of Article 9 of the Land Code:

1) An application.

2) Scheme (plan) of a requested land plot.

15. Private partners for implementation of public-private partnership projects or concessionaires for implementation of concession projects:

1) An application.

2) Scheme (plan) of a requested land plot.

3) A public-private partnership agreement or a concession agreement.

16. For social and entrepreneurial corporations for implementation of investment and innovative projects:

1) An application.

2) Scheme (plan) of a requested land plot.

3) A public-private partnership agreement or a concession agreement.

17. For subjects of industrial and innovative activity for implementation of industrial and innovative projects:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Decision of a local executive body and recognition of the project as an investment one.

18. For participants (members) of an economic partnership or a production cooperative upon withdrawal from the membership of participants (members) in accordance with Clause 3 of Article 101 of the Code:

1) An application.

2) Scheme (plan) of a requested land plot.

3) Minutes of general meeting of participants on withdrawal from the membership.

! It is barred to reject the receipt of an appeal.

1. Once the appeal is submitted, the applicant is issued a receipt containing a unique number, indicating the date and time, last name and initials, and the position of the person who received the appeal.
2. In the case of non-compliance with the requirements established by Article 63 Code, the administrative body and the official shall indicate to the applicant the requirements the appeal does not comply with, and set a reasonable time limit for bringing it into compliance with the requirements.
3. Before a decision is made on the administrative case, the applicant may withdraw the appeal on the basis of his written application.

Referring the appeal to an authorized administrative body and official

An appeal received by an administrative body and official whose authority does not include the consideration of this appeal, within no later than 3 working days from the date of its receipt shall refer it to the authorized administrative body and official, with simultaneous notification of the participant in the administrative procedure.

1. The timeframe of administrative procedure is 15 working days from the date of receipt of an appeal.

! The laws may set the other timeframe for consideration of appeals (For example, according to the Law “On Access to Information” a reply to a written enquiry is provided within fifteen calendar days from the date of receipt of the information by the owner).

2. The period of administrative procedure may be extended by a reasoned decision of the head of the administrative body for not more than 2 months, consistently the participant in the administrative procedure is notified within 3 working days from the date of extension.

A participant in the administrative procedure has the right to file a complaint the administrative action (inaction) related to the adoption of an administrative act.

If an administrative body and official within the timeframe has not adopted an administrative act or committed an administrative action, then commencing from the date of expiry it is considered that the administrative body and official rejected to adopt the administrative act or commit the administrative action.

The complaint is submitted to the administrative body and official whose administrative act and administrative action (inaction) is being appealed.

An appeal to the court is allowed after a pre-trial appeal. If the law provides for the possibility of going to court without the need to appeal to a higher authority, the administrative act, administrative action (inaction) of the administrative body and official is being disputed, along with the revoke, submit to the court a reasoned position of the head of the higher administrative body and official.

! The Administrative Procedure Code not always rules the procedure of complaint; the industry laws may contain statutes indicating the appeal of the decision in the court, without pre-trial appeal.

1. A complaint against an administrative act, administrative action (inaction) is submitted to the administrative body and official no later than 3 months from the day when the participant in the administrative procedure became aware of the adoption of the administrative act or the commitment of an administrative action (inaction).
2. If the deadline is missed for a good reason, at the request of the participant in the administrative procedure, it may be renewed by the body considering the complaint.
3. Missing the deadline for submitting the complaint is not a basis for rejection to receive the complaint by the body considering the complaint.

! Other laws may establish a special procedure and deadlines for appealing the decisions.

The period for consideration of the complaint is 5 working days from the date of receipt of the complaint.

! Other laws may establish a different period for appealing the decisions of administrative bodies.