February 24, 2022

Legal regulation of land relations in the Republic of Kazakhstan

  1. Ownership of land
  2. Land use right
  3. Purchase and sale, lease of land
  4. The procedure for granting the right to a land plot
  5. Identification documents for the land plot

 

The main regulatory legal act regulating land relations is the Land Code of June 20, 2003 No. 442-II (hereinafter referred to as the Land Code).

Land in the Republic of Kazakhstan is in state ownership. Land plots may also be privately owned on the grounds, conditions and within the limits established by the Land Code.

1. Ownership of land

Ownership of a land plot arises on the basis of:

1) acts of state bodies;

2) civil law transactions;

3) other grounds provided for by the legislation of the Republic of Kazakhstan.

State-owned land plots may be provided for private ownership by citizens and non-state legal entities.

The private property of citizens of the Republic of Kazakhstan may include land plots for running a peasant or farm enterprise, personal subsidiary plots, afforestation, gardening, individual housing and summer cottage construction, as well as those provided for construction or built up with industrial and non-industrial, including residential buildings, including land for building maintenance.

Upon termination of the citizenship of the Republic of Kazakhstan from a person who is the owner of a land plot provided for running a peasant or farm enterprise, personal subsidiary farming, afforestation, gardening and summer cottage construction, the right of ownership is subject to alienation or re-registration in accordance with the norms of Article 66 of the Land Code.

Private property of non-state legal entities of the Republic of Kazakhstan may include land provided for agricultural production, afforestation, for development or built up with production and non-production, including residential, buildings and their complexes, including land intended for servicing buildings in accordance with their appointment.

The private property of foreigners, stateless persons and foreign legal entities (non-state) may be land plots for development or built up with industrial and non-industrial, including residential, buildings and their complexes, including land intended for servicing buildings in accordance with their purpose.

Land plots located in the border strip of the State Border of the Republic of Kazakhstan cannot be provided for private ownership and temporary land use.

Land plots located in the border zone of the State Border of the Republic of Kazakhstan cannot be owned by the right of ownership / right of temporary land use to foreigners, stateless persons, citizens of the Republic of Kazakhstan who are married (matrimony) with foreigners or stateless persons, as well as foreign legal entities and legal entities persons of the Republic of Kazakhstan with foreign participation. When a foreigner or a stateless person, a foreign legal entity, a legal entity of the Republic of Kazakhstan with foreign participation becomes a participant (shareholder) of a legal entity of the Republic of Kazakhstan, the right of ownership of land plots located in the border zone and the border strip of the State Border of the Republic of Kazakhstan is subject to re-registration or alienation.

Foreigners, stateless persons, foreign legal entities, legal entities of the Republic of Kazakhstan with foreign participation, international organizations, scientific centers with international participation, as well as kandas cannot own agricultural land plots on the basis of the right of private ownership or land use.

Upon termination of the citizenship of the Republic of Kazakhstan from a person who is the owner of an agricultural land plot, within three months from the moment of termination of citizenship, the land plot must be alienated or, with the consent of the local executive body, returned to state ownership with payment of the price of the land plot for which this plot was acquired from the state (owner).

The owner has the right to make any transactions in relation to his land plot without changing its designated purpose, which are not prohibited by the legislative acts of the Republic of Kazakhstan.

The owner of a land plot has the right to lease a land plot without changing its purpose for temporary use on the basis of an agreement on the temporary use of a land plot. An agreement on the temporary use of a land plot is concluded in the form of a lease agreement (with a tenant) or an agreement on gratuitous use (with a gratuitous user).

2. Land use right

Land plots may also belong to persons on the right of land use (permanent or temporary, paid or free, alienable, inalienable). It is allowed to alienate and sublease a land plot owned on the basis of the right of temporary paid long-term land use (lease), (with the established exceptions), subject to the redemption of the land use right from the state.

If a land plot is intended for carrying out activities or performing actions that require a permit, a subsoil use license or a subsoil use contract, then the granting of land use rights to this site is carried out after obtaining the appropriate permit, subsoil use license or conclusion of a subsoil use contract.

However, this rule does not apply to cases of transferring the right to a land plot to a developer to carry out activities to organize the construction of residential buildings by attracting money from equity holders in accordance with the legislative act of the Republic of Kazakhstan on equity participation in housing construction.

On the right of permanent land useland plots are provided to certain categories of state land users. The right of permanent land use cannot belong to foreign land users.

The right of temporary land use can be paid and free of charge.

Right of temporary gratuitous land useas a general rule, it is granted for a period of up to 5 years (with some exceptions). Alienation and transfer of land plots on the basis of the right of temporary gratuitous land use to secondary land use are not allowed. Land plots on the right of temporary gratuitous land use may be provided to Kazakhstani citizens and legal entities in cases provided for by law, including under a concession agreement or a public-private partnership agreement.

The right of temporary paid land use(lease) can be short-term (up to 5 years) and long-term (from 5 to 49 years) and is provided to citizens, non-state Kazakh companies, international organizations, as well as foreign companies, foreigners and stateless persons.

The right of temporary paid land use (lease) is granted:

1) for running a peasant or farm enterprise – to citizens of the Republic of Kazakhstan for a period of ten to forty-nine years;

2) for agricultural production – to non-state legal entities of the Republic of Kazakhstan without foreign participation for a period of up to forty-nine years;

3) for the purposes of carrying out operations for the extraction of minerals, the use of subsoil space or tinkering – to subsoil users for the entire period of validity of a subsoil use license or subsoil use contract;

4) for placing objects of outdoor (visual) advertising – to citizens and non-state legal entities for a period of five to forty-nine years;

5) for breeding wild animals, including for hunting purposes, – to citizens and non-state legal entities of the Republic of Kazakhstan on the lands of the forest fund and reserve lands, with some exceptions of the lands specified in the Land Code, for a period of ten to forty-nine years;

6) for the purposes of afforestation – to citizens of the Republic of Kazakhstan and non-state legal entities of the Republic of Kazakhstan without foreign participation for a period of up to forty-nine years;

7) in other cases provided for by this Code and the laws of the Republic of Kazakhstan.

3. Purchase and sale, lease of land

Realization of the right of private property

Ownerof the land plot exercises the rights of possession, use and disposal of the land plot at its own discretion without obtaining any permits from state bodies, unless otherwise provided by the legislative acts of the Republic of Kazakhstan.

The owner has the right to make any transactions in relation to his land plot without changing its designated purpose.

The owner of a land plot has the right to lease a land plot without changing its purpose for temporary use on the basis of an agreement on the temporary use of a land plot. An agreement on the temporary use of a land plot is concluded in the form of a lease agreement (with a tenant) or an agreement on gratuitous use (with a gratuitous user).

Realization of land use right

The transfer of land use rights is carried out on the basis of civil law transactions, as well as on other grounds provided for by the legislation of the Republic of Kazakhstan.

Alienation of land use rights is carried out on the basis of civil law transactions (purchase and sale, donation, exchange, etc.).

The transfer of land use rights to another person for a certain period is made on the basis of a lease agreement or temporary gratuitous use of a land plot.

The transfer and alienation of the right to land use can only be carried out by persons who have bought the right to temporary paid land use (lease).

Non-state land users, with the exception of some, who have bought the right of temporary paid long-term land use (lease) from the state, have the right, within the term of the land lease agreement:

– to rent out their land plots (or parts thereof) for rent (sublease) or for temporary gratuitous use;

– to alienate their right of temporary land use.

In this case, the consent of the owner of the land plot is not required, it is only necessary to notify the authorized body of the region, city of republican significance, the capital, district, city of regional significance at the location of the land plot.

In these cases, the new tenant of the land plot becomes liable under the land lease agreement to the lessor (owner).

Secondary land use right (sublease)

Secondary land use arises on the basis of an agreement on secondary land use in cases where the primary land user does not alienate his land use right, but transfers to another person the plot (or part of it) belonging to him for temporary land use with notification of the authorized body of the region, city of republican significance, the capital, district , cities of regional significance at the location of the land plot.

A secondary land user is always a temporary land user without the right to transfer his rights to other land users.

The agreement on secondary land use is concluded in the form of a lease agreement or an agreement on temporary gratuitous use.

4. The procedure for granting the right to a land plot

Granting the right to a land plot from state-owned land for land plots provided for the construction of an object within the boundaries of a settlement, as well as land put up for sale (auctions), is carried out in the following order:

1) acceptance for consideration of an application (application) for granting the relevant right to a land plot;

2) determination of the possibility of using the requested land plot for the declared purpose in accordance with the territorial zoning;

3) preliminary selection of a land plot (when requesting a land plot for the construction of facilities, with the exception of the construction of facilities within the boundaries of a populated area);

4) preparation of the conclusion by the land commission;

5) development and approval of a land management project;

6) adoption of a decision by the local executive body of the region, city of republican significance, the capital, district, city of regional significance, akim of the city of district significance, township, village, rural district on granting the right to a land plot;

Note:The decision to provide a land plot is made on the basis of a positive conclusion of the land commission and the land management project.

7) conclusion of a contract of sale or temporary (short-term, long-term) paid (gratuitous) land use;

8) establishment of the boundaries of the land plot on the ground;

9) production and issuance of an identification document for a land plot, with the exception of a land plot intended for the construction of facilities within the boundaries of a settlement.

The decision to refuse to provide a land plot is made on the basis of a negative conclusion of the land commission within three working days after the expiration of the period for appealing the protocol decision of the land commission.

In the case of granting a land plot for the purposes of mining, using subsoil space or mining, copies of the relevant subsoil use licenses or subsoil use contract are attached to the application.

General term for consideration of the applicationon granting the right to a land plot is up to fifteen working days from the date of its receipt,

This period does not include the following periods:

– drawing up a land management project;

– approvals;

– establishing the boundaries of the land plot on the ground.

The contract of sale or temporary (short-term, long-term) paid (gratuitous) land use is concluded by the relevant authorized body of the region, city of republican significance, the capital, district, city of regional significance on the basis of a decision on granting the right to a land plot no later than ten working days from day of the decision.

The establishment of the boundaries of the land plot on the ground is carried out on the basis of the applicant’s request in the manner prescribed by the legislation of the Republic of Kazakhstan.

The production and issuance of an identification document for a land plot is carried out by the State Corporation, which maintains the state land cadastre, within four working days in the manner prescribed by the legislation of the Republic of Kazakhstan.

5. Identification documents for the land plot

Identification documents for a land plot issued by the State Corporation that maintains the state land cadastre are:

in case of private ownership of a land plot – an act on the right of private ownership of a land plot;

in case of permanent land use – an act for the right of permanent land use;

in case of temporary paid land use (lease) – an act for the right of temporary paid (long-term, short-term) land use (lease);

in case of temporary gratuitous land use – an act for the right of temporary gratuitous land use.

Upon transfer of rights to a land plot, the identification document is transferred to the acquirer or other right holder. In the absence of changes in the identification characteristics of the land plot by the State Corporation maintaining the state land cadastre, a new identification document is not issued, but information on the transfer of rights to the land plot is entered into the land cadastral book and the unified state register of land on the basis of information from the legal cadastre provided for by the Law of the Republic Kazakhstan “On State Registration of Rights to Real Estate”.