Article 32. Granting of land use rights to the Land Code of the Republic of Kazakhstan

Home / RLA / Article 32. Granting of land use rights to the Land Code of the Republic of Kazakhstan

 1. Granting the right of land use means granting a person the right of land use directly by the State.

2. The right of land use to citizens and legal entities is granted on the basis of a decision of the local executive body of the region, the city of republican significance, the capital, the district, the city of regional significance in accordance with the competence to grant the right to a land plot.

3. When granting land users the right of temporary land use by the authorized body of a region, city of republican significance, capital, district, city of regional significance, land lease agreements or agreements of temporary gratuitous land use are concluded with such land users on the basis of a relevant decision of the Government of the Republic of Kazakhstan or a local executive body on granting the right of temporary land use.

The main condition for concluding an agreement on granting non-governmental land users the right to temporary gratuitous land use on land plots seized for the construction of state social facilities (state secondary schools and preschool organizations, hospitals and polyclinics) is their further gratuitous transfer, including land plots, without changing the identification characteristics to the communal ownership of the local executive body in accordance with the laws of the Republic of Kazakhstan "On the special status of the city of Almaty On the status of the capital of the Republic of Kazakhstan" and "On the special status of the city of Turkestan".

4. If a land plot is intended for carrying out activities or performing actions requiring a permit, a license for subsurface use or the conclusion of a contract for subsurface use, then the right of land use for this plot is granted after obtaining the appropriate permit, license for subsurface use or the conclusion of a contract for subsurface use.

This rule does not apply to cases of transfer of the right to a land plot to a developer and (or) an authorized company for the organization of the construction of residential buildings (residential buildings) by attracting money from shareholders in accordance with the legislative act of the Republic of Kazakhstan on equity participation in housing construction.

In case of early termination of the subsurface use contract by the competent authority, the title documents for the land plot are reissued to the trustee on the basis of the trust management agreement for the subsurface area concluded by the competent authority with the national company in accordance with the Code of the Republic of Kazakhstan "On Subsurface and Subsurface Use".

The availability of a license for the extraction of solid minerals, for the use of subsurface space or prospecting, the conclusion of a contract for the extraction of hydrocarbons or an addendum to a contract for the exploration and production of hydrocarbons, providing for the consolidation of the mining site and the production period or the preparatory period, or a trust management agreement for a subsurface area specified in part three of this paragraph, are grounds for the immediate provision of of a land plot in accordance with the procedure provided for by this Code.

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