Article 33. Transfer of land use rights to the Land Code of the Republic of Kazakhstan

Home / Codes / Article 33. Transfer of land use rights to the Land Code of the Republic of Kazakhstan

1. Transfer of the right of land use means granting a person the right of land use by another land user.

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.

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

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

The transfer and alienation of land use rights may be carried out only by persons who have purchased the right of temporary paid land use (lease).

No purchase of the right of temporary paid land use (lease) is required:

IZPI's note! Subparagraph 1) is provided for in the wording of the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective sixty calendar days after the date of its first official publication).

1) when transferring as collateral, including when selling the pledged object by the pledgee in case of non-fulfillment or improper fulfillment by the pledgor of its obligations, when transferring the pledged object to the pledged creditor during the bankruptcy procedure to satisfy his claims in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy, as well as as a contribution to the authorized capital the capital of a business partnership, in payment for shares of a joint-stock company or as a contribution to a production cooperative;

2) to a land plot that is occupied by alienated buildings (structures, structures), as well as intended for their operation, located as part of the lands of forest and water resources, specially protected natural territories, recreational, historical and cultural purposes;

3) when the management company transfers land plots for secondary land use (subletting) in accordance with the legislation of the Republic of Kazakhstan on special economic and industrial zones;

3-1) in case of alienation by a participant of a special economic zone or an industrial zone of national or regional significance, or by persons engaged in ancillary activities on the territory of the special economic zone, in favor of the management company of the special economic or industrial zone of a land plot owned by the state, with infrastructure facilities;

3-2) in case of alienation of land plots by the management company to a participant in a special economic zone who is also a private partner in the framework of a public-private partnership project, in case of transfer of the constructed public-private partnership facility to state ownership;

4) upon transfer of the right of subsurface use in accordance with the Code of the Republic of Kazakhstan "On Subsurface and Subsurface Use";

5-1) in case of alienation of the right of land use on agricultural lands.

The alienation of the right of land use on agricultural lands is carried out on the basis of civil law transactions upon the expiration of the five-year lease period from the date of granting the right of land use, unless otherwise established by this Code.

In this case, a land user who has alienated the right of land use on agricultural lands is obliged to notify the authorized body of the district, city of regional significance at the location of the land plot within three working days after the civil law transaction.

The notification is sent in writing, indicating the number and date of the relevant civil law transaction.

In case of alienation of the right of land use on agricultural lands, the temporary paid land use (lease) agreement is reissued for a new land user by the authorized body of the district or city of regional significance on the basis of civil law transactions for a period until the expiration of the initial lease in accordance with the procedure determined by the central authorized body.

The right of temporary paid land use to a land plot in case of a change of land user arises from the moment of registration of changes in the terms of the temporary paid land use (lease) agreement for agricultural land in accordance with the procedure established by the legislation of the Republic of Kazakhstan on state registration of rights to immovable property.

In these cases, the land user who has acquired the right of temporary paid land use for the land plot becomes responsible to the lessor under the contract of temporary paid land use (lease) of agricultural land plots.

At the same time, the total total size of agricultural land plots that may be owned by a citizen of the Republic of Kazakhstan for temporary paid land use for farming or non-governmental legal entities of the Republic of Kazakhstan without foreign participation for agricultural production should not exceed the maximum size of land plots established in accordance with paragraph 4 of the Article. 50 of this Code.

In case of exceeding the specified amounts, the right of temporary paid land use is subject to re-registration or alienation in accordance with the norms of Article 66 of this Code.;

6) to a land plot that is occupied by buildings (structures, structures) that are transferred gratuitously to republican and (or) communal ownership;

7) to a land plot that is occupied by buildings (structures, structures) transferred to trust management;

8) when the developer transfers the right in the field of equity participation in housing construction to an authorized company in accordance with the legislation of the Republic of Kazakhstan on equity participation in housing construction.

Land users do not have the right to independently change the purpose of a land plot when alienating and transferring land use rights.

2. Transactions by land users with respect to the right of land use on land are not allowed.:

1) common use;

2) provided for the needs of defense and national security;

3) forest fund;

4) specially protected natural territories, recreational, historical and cultural purposes;

5) service land allotment;

6) land plots granted on the right of temporary gratuitous and temporary short-term paid land use (lease), except for the transfer by the developer in the field of equity participation in housing construction of the right of temporary short-term paid land use (lease) to an authorized company to obtain a guarantee from a Single housing construction operator in accordance with the legislation of the Republic of Kazakhstan on equity participation in housing construction;

7) excluded by the Law of the Republic of Kazakhstan dated 30.06.2021 No. 59-VII (effective from 01.01.2022). 8) water fund.

9) Nuclear safety zones.

2-1. The restrictions provided for in paragraph 2 of this article shall not apply to transactions, including mortgages, made by land users in respect of land use rights to a land plot occupied by alienated buildings (structures, structures) and intended for their operation, located within the lands of forest and water resources, specially protected natural territories, recreational, recreational for historical and cultural purposes, as well as for the transfer of land plots for construction for temporary gratuitous use, reconstruction and operation of defense facilities under public-private partnership agreements in accordance with the laws of the Republic of Kazakhstan.

3. The transfer by a land user of a land plot belonging to him for temporary land use to another person (secondary land user), as well as the alienation of the right of temporary land use, shall be carried out taking into account the provisions of the norms provided for in paragraph 4 of Article 32 and paragraph 3 of Article 37 of this Code and the legislation of the Republic of Kazakhstan on special economic and industrial zones.

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