Article 43. The procedure for granting the right to a land plot of the Land Code of the Republic of Kazakhstan

Home / Codes / Article 43. The procedure for granting the right to a land plot of the Land Code of the Republic of Kazakhstan

1. The right to a land plot from state-owned lands, with the exception of the cases provided for in Articles 44-1 and 44-2 of this Code, as well as lands put up for auction (auctions) in accordance with Article 48 of this Code, shall be granted in the following manner:

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 intended 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 locality;

4) preparation of the conclusion by the land Commission;

5) development and approval of the land management project;

6) making a decision by the local executive body of the region, the city of regional significance (on the territory transferred to its administrative subordination), the district and the akim of the settlement, village, rural district on granting the right to a land plot;

7) conclusion of a purchase and sale agreement 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 a settlement, village.

1-1. The procedure for granting the right to a land plot when requesting a land plot for the construction of facilities within a settlement or village is regulated by Article 44-1 of this Code.

The procedure for granting the right to a land plot located on the lands of cities of republican significance, the capital, cities of regional (with the exception of the territory transferred to their administrative subordination) and district significance is regulated by Article 44-2 of this Code.

The specifics of the provision of land plots, depending on the intended purpose, are determined in accordance with Articles 43-1 and 44 of this Code.

Land plots and the right to lease land plots that are in state ownership and not provided for land use may be objects of sale at auctions, subject to the provisions established by Article 48 of this Code.

Local executive bodies are required to post information on vacant land plots and planned auctions on the web portal of the Register of State Property, their Internet resources and special information stands in places accessible to the public, with quarterly data updates.

1-2. excluded by the Law of the Republic of Kazakhstan dated 04/05/2023 No. 221-VII (effective from 07/01/2023).

1-3. The provision of land plots located on the airfield territory, including those provided in accordance with Articles 43-1, 44, 44-1, 44-2 and 119-2 of this Code, as well as the acquisition of rights to land plots in accordance with Article 48 of this Code, shall be subject to the restrictions provided for by the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and the activities of aviation.

2. The provision of land plots for ownership or land use is carried out by local executive bodies of oblasts, cities of regional significance (on the territory transferred to their administrative subordination), districts and akims of settlements, villages, rural districts within their competence established by this Code.

The decision to grant a land plot is made on the basis of a positive conclusion of the land commission and the land management project. In the case of requesting land plots for the needs of defense and national security, the decision to grant the land plot is made on the basis of a positive conclusion of the land commission, the land management project and the positive approval of the state bodies specified in the second part of paragraph 1 of Article 120 of this Code, within seven working days from the date of receipt of the last conclusion.

At the same time, the developed and approved land management project and the draft decision of the local executive body of the region on granting the right to a land plot for the needs of defense and national security must be sent to the approving state bodies within five working days from the date of preparation of the draft of the above-mentioned decision. Approval of the draft decision is carried out within ten working days from the date of receipt of the draft decision. The positive conclusion of the land commission and the approved land management project are attached to the draft decision.

The decision to provide a land plot for the needs of defense and national security on the lands of cities of republican significance and the capital is made in accordance with the procedure established by Article 44-2 of this Code.

The decision to refuse to grant 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 time limit for appealing the protocol decision of the land commission.

A refusal to grant the right to a land plot, except in cases of seizure of land plots, including for state needs in accordance with Article 84 of this Code, is formalized by a decision of the local executive body of the region, the city of regional significance (on the territory transferred to its administrative subordination), the district and akim of the settlement, village, rural district and must be motivated.

The composition of the land commission is formed by the local executive bodies of the region, the city of regional significance (on the territory transferred to its administrative subordination), the district and is sent for approval to the appropriate local representative body. The composition of the land commission includes:

1) deputies of the local representative body;

2) representatives of the authorized body of the region, the city of regional significance (in the territory transferred to its administrative subordination), the district, structural divisions of the relevant local executive bodies performing functions in the field of architecture and urban planning, agriculture , protection and use of historical and cultural heritage sites;

3) representatives of public councils, non-governmental organizations in the field of the agro-industrial complex and other sectoral non-governmental organizations, as well as local governments;

4) representatives of the National Chamber of Entrepreneurs of the Republic of Kazakhstan.

5) representatives of the local council of the agglomeration (if any).

In the case of the provision of land plots in accordance with Article 43-1 of this Code, the composition of land commissions established at the level of the district, city of regional significance (in the territory transferred to its administrative subordination), also includes:

1) akim of the city of regional significance, settlement, village, rural district, on the territory of which the land plot is located;

2) representatives of the local population of the relevant city of regional significance, settlement, village, rural district, delegated by the meeting of the local community.

Representatives of the relevant territorial divisions of authorized bodies in the field of environmental protection, agriculture and forestry, use and protection of water resources, water supply, and sanitation are also mandatory in the composition of land commissions established at the regional level.

At the discretion of the local executive body of the region, the city of regional significance (on the territory transferred to its administrative subordination), and the district, other persons may be included in the land commission.

The Land Commission operates on an ongoing basis. The number of members of the land commission must be odd and must be at least nine people. At the same time, the number of representatives of public councils, non-governmental organizations in the field of the agro-industrial complex and other sectoral non-governmental organizations, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, as well as local governments should be at least fifty percent of the total number of members of the land commission.

The composition of the land commission is approved annually after the expiration of the next twelve calendar months with the change of the entire composition, with the exception of the chairman and the persons specified in subitems 2) and 4) of part seven, subitems 1) of part eight and part nine of this paragraph.

The deputy akim in charge of land issues is appointed Chairman of the Land Commission.

The working body of the land commission is the relevant authorized body of the region, the city of regional significance (on the territory transferred to its administrative subordination), the district.

The secretary of the land commission is determined from among the officials of the working body. The Secretary of the Land Commission does not participate in the voting.

A meeting of the land commission is considered competent if it was attended by at least two thirds of the total number of its members. At the same time, the number of representatives of public councils, non-governmental organizations in the field of the agro-industrial complex and other sectoral non-governmental organizations, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, as well as local governments present should be at least fifty percent of the total number of members of the land commission present. The members of the land commission participate in its meeting without the right of replacement.

The decision of the land commission is made by open vote.

The results of the voting are determined by a majority vote of the total number of members of the land commission present at the meeting, and the decision is considered adopted if the majority of the members of the land commission voted for it.

In case of disagreement with the decision of the land commission, a member of the land commission has the right to express a dissenting opinion, which must be stated in writing and attached to the decision of the land commission.

The meeting of the land commission must be recorded using audio and video recordings. The recording of the meeting of the land commission by means of audio and video recordings is carried out by the local executive body of the region, the city of regional significance (on the territory transferred to its administrative subordination), the district. The procedure for the technical use of audio and video recording equipment, ensuring the recording of the meeting of the land commission, the storage of audio and video recordings, as well as the procedure for access to audio and video recordings are determined by the central authorized body.

The conclusion of the land commission is drawn up in three copies in the form of a protocol decision within two working days from the date of transfer by the relevant authorized body of the region, the city of regional significance (in the territory transferred to its administrative subordination), the district to the land commission of the proposal on the possibility of using the requested land plot for the declared purpose in accordance with territorial zoning or provision of preliminary selection of a land plot (when requesting a land plot for the construction of facilities).

One copy of the conclusion of the land commission within one working day from the moment of signing is handed over (sent) to the applicant (his representative) in one of the following ways:

On purpose;

in the form of a registered mail with a delivery notification;

an electronic document signed by means of an electronic digital signature;

to the applicant's email address.

The protocol decision of the land commission may be appealed to the court within seven working days from the date of its receipt by the applicant in accordance with the procedure provided for by the Administrative Procedural Code of the Republic of Kazakhstan.

Based on the positive conclusion of the land commission, the applicant produces a land management project. As part of the land management project, the area of the provided land plot, its boundaries and location, adjacent owners of the land plot and land users, as well as encumbrances and easements of the provided land plot are specified.

In the case of compulsory alienation of a land plot for state needs, calculations of losses to be reimbursed (compensated) to land owners and land users, losses of agricultural and forestry production, depending on the type of land being seized, are attached.

The validity period of a positive conclusion of the land commission is one year from the date of its adoption, with the exception of land plots provided in accordance with Article 43-1 of this Code. The omission of the one-year period is the basis for the decision of the local executive body to refuse to grant the right to a land plot.

2-1. The working body of the land commission is obliged to post the protocol decisions of the land commission on the Internet resource of the relevant authorized body of the region, the city of regional significance (in the territory transferred to its administrative subordination), the district on a monthly basis.

The provisions of this paragraph shall apply to land plots provided in accordance with the procedure provided for in this Article and Article 44 of this Code.

3. Individuals and legal entities interested in granting them ownership and (or) land use rights to land plots shall submit an application to the local executive body of the region, the city of regional significance (on the territory transferred to its administrative subordination), the district, the akim of the settlement, village, rural district at the location of the land plot, which the applicant is given a document confirming the submission of the application.

The application must specify: the purpose of using the land plot; its estimated size; location; the requested right of use; the presence (absence) of another land plot (for land plots specified in paragraph 2 of Article 50 of this Code).

If a land plot is provided for the purposes of mining, using subsurface space or prospecting, copies of the relevant subsurface use licenses or a subsurface use contract are attached to the application.

An application for granting the right to a land plot is submitted within one working day to the authorized bodies of regions, cities of regional significance (in the territory transferred to their administrative subordination), districts and structural divisions of the relevant local executive bodies performing functions in the field of architecture and urban planning at the location of the land plot to determine the possibility of using the requested land of the plot according to the declared intended purpose in accordance with the territorial zoning.

The authorized bodies of regions, cities of regional significance (on the territory transferred to their administrative subordination), districts and structural subdivisions of the relevant local executive bodies performing functions in the field of architecture and urban planning, at the location of the land plot, determine the possibility of using the requested land plot for the declared purpose in accordance with territorial zoning and make materials to the land The commission is paid within seven working days from the date of receipt of the application.

The determination of the possibility of using the requested land plot in accordance with this paragraph is carried out taking into account previously established sanitary protection zones, the location of which does not prevent the use of the land plot for the declared intended purpose.

When requesting a land plot, with the exception of a land plot located in cities of republican significance, the capital, cities of regional (with the exception of the territory transferred to their administrative subordination) and district significance, a land plot is pre-selected for the construction of the facility. The results of the selection of a land plot for the construction of an object, and, if necessary, for the establishment of its security or sanitary protection zone, are formalized by an act on the selection of a land plot by the authorized body of the region, the city of regional significance (on the territory transferred to its administrative subordination) and the district together with the structural divisions of the relevant local executive bodies performing functions in the field of architecture and urban planning, at the location of the land plot.

The selection of the land plot and the registration of the act on the selection of the land plot shall be carried out within ten working days, followed by sending the act on the selection of the land plot to the land commission for consideration and preparation of an opinion in accordance with paragraph 2 of this Article.

In cases where the applicant is in the register of persons from whom land plots have been forcibly seized, or the applicant has submitted an incomplete package of documents necessary for making a decision on granting or refusing to grant the right to a land plot, the authorized bodies of regions, cities of republican significance, the capital, districts, cities of regional significance at the location of the land plot within two working days, a written refusal is given to the applicant to consider the application.

The total period for consideration of an application for granting the right to a land plot is up to fifteen working days from the date of its receipt, except in cases of requesting land plots for the needs of defense and national security.

The specified period does not include periods:

drawing up a land management project;

approval established by paragraph 7 of Article 44 of this Code;

establishing the boundaries of the land plot on the ground.

4. Excluded by the Law of the Republic of Kazakhstan dated 05/04/2018 No. 151-VI (effective ten calendar days after the date of its first official publication). 5. Excluded by the Law of the Republic of Kazakhstan dated 07/02/2014 No. 225-V (effective from 01/01/2015). 6. Excluded by the Law of the Republic of Kazakhstan dated 05/04/2018 No. 151-VI (effective ten calendar days after the date of its first official publication).

6-1. In case of refusal to grant the right to a land plot due to the need for such provision at auctions by the local executive body of the region, the city of regional significance (on the territory transferred to its administrative subordination), the district, akim of the settlement, village, rural district, auctions for the requested land plot must be conducted at least no later than ninety calendar days from the date of the decision to refuse to grant the right to the land plot.

7. A copy of the decision of the local executive body of the region, city of regional significance (in the territory transferred to its administrative subordination), district, akim of the settlement, village, rural district on granting or refusing to grant the relevant rights to land plots is handed over (sent) to the applicant within five working days from the date of the decision.

In cases where the provision of land is within the competence of a higher local executive body, the lower local executive body, the akim of the settlement, village, rural district, send the land management project with their decision on the possibility of such provision to the higher local executive body for final decision.

To make a decision on granting the right to a land plot, the authorized body of the region, the city of regional significance (on the territory transferred to its administrative subordination), the district within one working day sends the approved land management project to the local executive body of the region, the city of regional significance (on the territory transferred to its administrative subordination), the district, akim a settlement, village, or rural district.

The decision of the local executive body of the region, the city of regional significance (on the territory transferred to its administrative subordination), the district, akim of the settlement, village, rural district on granting the right to a land plot is made within three working days from the date of receipt of the approved land management project and the positive conclusion of the land commission.

A purchase and sale agreement or temporary (short-term, long-term) paid (gratuitous) land use is concluded by the relevant authorized body of the region, city of regional significance (on the territory transferred to its administrative subordination), district on the basis of a decision to grant the right to a land plot no later than ten working days from the date of the decision.

The boundaries of the land plot on the ground are established on the basis of the applicant's request in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

7-1. The draft decision of the local executive body of the region, the city of regional significance (on the territory transferred to its administrative subordination), the district and the akim of the settlement, village, rural district on granting the right to a land plot must contain:

last name, first name, patronymic (if it is indicated in the identity document) of an individual or the name of a legal entity that is granted the right to a land plot;

location of the land plot;

purpose of the land plot;

land category;

land area;

type of right to land, encumbrances, easements;

number and date of the protocol decision of the Land Commission;

number and date of approval of land management projects for the formation of land plots;

type of allotment of a land plot provided for personal subsidiary farming;

the purchase price of a land plot or the right of land use in the case of the provision of a land plot for a fee;

terms of concluding land purchase and lease agreements;

the surname, first name, patronymic (if it is indicated in the identity document) of an individual or the name of a legal entity from which land plots are being seized or forcibly alienated for state needs, indicating the identification characteristics of such land plots;

information on the divisibility (indivisibility) of a land plot;

other information related to the provision of land.

8. The production and issuance of an identification document for a land plot is carried out within four working days in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

9. Identification documents for a land plot, with the exception of a land plot located on the lands of cities of republican significance, the capital, cities of regional (with the exception of the territory transferred to their administrative subordination) and district significance, 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 on 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 another rightholder. In the absence of changes in the identification characteristics of the land plot by the State Corporation conducting 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 registry book and the unified state register of lands on the basis of information from the legal cadastre provided by the Law of the Republic of Kazakhstan "On State Registration of Rights to Immovable Property".

9-1. The cadastral passport of the real estate object is an identification document for a land plot located on the lands of cities of republican significance, the capital, cities of regional (with the exception of the territory transferred to their administrative subordination) and district significance.

10. It is not allowed to use a land plot until its boundaries are established in kind (on the ground) and title documents are issued, unless otherwise provided for in the decision of the local executive body of the region, the city of regional significance (on the territory transferred to its administrative subordination), the district and the akim of the settlement, village, rural district on the provision of land. Failure to comply with this rule qualifies as unauthorized occupation of a land plot and provides for administrative liability in accordance with the legislation of the Republic of Kazakhstan on administrative offenses.

Transactions in relation to land plots for which title documents have not been issued are not allowed.

11. Title and identification documents for land plots provided to citizens and legal entities prior to the entry into force of this Code in accordance with the previously effective legislation of the Republic of Kazakhstan remain legally binding, subject to changes in the rights to land plots established by the land legislation of the Republic of Kazakhstan.

The replacement of such documents with documents certifying ownership or land use rights to land plots in accordance with this Code is carried out at the request of the right holders.

11-1. When the administrative-territorial structure of settlements is changed by decision of state bodies or when land plots are included within the boundaries of settlements in the event of a change in boundaries (lines), the identification documents of land plots are replaced at the expense of budgetary funds.

Replacement of such documents is carried out in cases of renewal of rights to a land plot or the commission of civil law transactions or in other cases.

12. The right to a land plot is granted to persons who have reached the age of majority, except in cases of registration of rights to land plots to minors who have received these land plots by inheritance, in accordance with the civil legislation of the Republic of Kazakhstan. The legal representatives of minors have the right to lease land plots until the heirs reach the age of majority.

13. The procedure for granting rights to land plots legalized in accordance with the legislative act of the Republic of Kazakhstan on amnesty in connection with the legalization of property is determined by the Government of the Republic of Kazakhstan.

14. Local executive bodies are required to post information with lists of persons who have received a land plot, indicating the grounds for granting the land plot, its intended purpose, area, location, type of right, lease term, and on agricultural land plots provided for farming or farming, agricultural production, including – the business identification number of a legal entity, on special information stands in places accessible to the public, as well as by publishing on its Internet resource and the Internet resource of the relevant authorized body of the region, city of republican significance, capital, district, city of regional significance on a monthly basis, and in periodicals distributed on the territory of the relevant administrative-territorial unit, – at least once a quarter.

The provisions of this paragraph shall apply to land plots granted in accordance with the procedure provided for in this Article and Articles 43-1, 44, 44-1 and 44-2 of this Code, as well as to land plots put up for auction (auctions) in accordance with Article 48 of this Code.

The data specified in part one of this paragraph on agricultural land plots provided for farming or agricultural production are publicly available on the Internet resource of the State Corporation.

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