Article 44-1. Provision of a land plot for the construction of an object within the boundaries of a settlement, village of the Land Code of the Republic of Kazakhstan

Home / RLA / Article 44-1. Provision of a land plot for the construction of an object within the boundaries of a settlement, village of the Land Code of the Republic of Kazakhstan

1. The provision of a land plot from the lands of a settlement or village 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 akim of the settlement or village within their competence established by this Code, and is carried out in the following order:

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

2) preliminary selection of the land plot;

2-1) drawing up an architectural and planning assignment, technical specifications for connection to engineering networks and topography;

3) coordination of the preliminary selection of a land plot through state information systems or on paper in the absence of these systems from the approving authorities.;

4) drawing up a land cadastre plan;

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

6) conclusion of a temporary (short-term, long-term) paid (gratuitous) land use agreement;

7) establishing the boundaries of the land plot on the ground.

The provision of a land plot from the lands of a settlement or village is a public service and is regulated by the legislation of the Republic of Kazakhstan.

The provisions of this article shall apply to the exceptional cases provided for in paragraph 1 of Article 48 of this Code when requesting a land plot from the lands of a settlement or village for construction purposes.

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

The purchase of a land plot granted for land use into private ownership is carried out after the facility is put into operation.

Local executive bodies, in coordination with national security agencies and territorial bodies of the authorized body in the field of civil protection, are required to post information on approved master plan schemes, detailed planning projects, and engineering communications schemes for settlements on an Internet resource and special information stands in places accessible to the public, with quarterly data updates.

In cases where a land plot is provided in areas where there are no engineering networks and facilities, the dates of commissioning of these networks and facilities, as well as the points of connection to them, are indicated.

The state corporation is obliged to post land and cadastral schemes of cities and districts on the Internet resource with a frequency of weekly data updates.

The application forms, the conclusions of the approving authorities, the act of choosing a land plot, the architectural and planning assignment, the technical conditions for connection to engineering networks and topography, and the land cadastral plan are approved by the relevant central authorized bodies.

3. Individuals and legal entities interested in granting them land use rights to land plots submit a standard application to the local executive body of the region, the city of regional significance and the akim of the settlement, village, rural district at the location of the land plot through the e-government web portal or a State corporation in accordance with the legislation of the Republic of Kazakhstan.. In this case, the application must be assigned a registration number according to the date of acceptance of the application. The applicant is given a notification confirming the submission of the application, which indicates the date of receipt of the act of choosing the land plot for approval.

The application must contain the information established by the legislation of the Republic of Kazakhstan. An electronic layout of the land plot is attached to the application.

The local executive body of the region or city of regional significance within one working day sends the received application for granting the right to a land plot to the structural subdivision of the relevant local executive body performing functions in the field of architecture and urban planning at the location of the land plot.

The akim of a settlement, village, or rural district sends an application to the structural subdivision of the local executive body of the district, city of regional significance (on the territory transferred to its administrative subordination), which performs functions in the field of architecture and urban planning, at the location of the land plot.

4. The structural subdivision of the local executive body performing functions in the field of architecture and urban planning, within seven working days, in accordance with approved urban planning documents, prepares an act of choosing a land plot with its situational scheme, architectural and planning assignment, a questionnaire for obtaining technical specifications, topography and sends them for approval simultaneously to all interested government agencies, the relevant services, subjects of natural monopolies, A state corporation through the information systems of state bodies or on paper in the absence of these systems from the coordinating bodies.

The act of choosing a land plot indicates the existing engineering communications, and, if necessary, provides for the transfer of engineering communications beyond the boundaries of the provided land plot.

The approving authorities shall, within twelve working days, submit an appropriate opinion on the possibility of providing a land plot for the stated intended purpose.

From the date of receipt of the questionnaire for obtaining technical specifications, situational scheme and topography, subjects of natural monopolies prepare and submit technical specifications for connection to utility networks within five working days.

The information on the requested site and the estimate for land cadastral works are attached to the conclusion of the State Corporation.

In case of employment of the requested land plot, the State Corporation, within three working days, sends relevant information to the structural subdivision of the local executive body responsible for architecture and urban planning, which will serve as the basis for refusing to grant the right to the land plot.

The refusal to grant the right to a land plot is formalized by the conclusion of the structural subdivision of the local executive body performing functions in the field of architecture and urban planning, and is sent to the applicant within three working days.

If positive conclusions are received by the structural subdivision of the local executive body performing functions in the field of architecture and urban planning, the final act of choosing a land plot is prepared and sent within five working days with the application of architectural and planning specifications, technical conditions for connection to engineering networks and topography.

4-1. In case of refusal to grant the right to a land plot due to the need for such provision at auctions (auctions) by the local executive body of the region, district, city of regional significance (on the territory transferred to its administrative subordination) and the akim of the settlement, village, rural district, auctions (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.

5. The structural subdivision of the local executive body performing functions in the field of architecture and urban planning shall coordinate the final act of selection with the applicant by sending a notification via the e-Government web portal or the State Corporation.

The approval of the final act of selection and payment for the services of land cadastral works by the applicant are carried out within three working days. The validity period of the choice act, which was not approved by the applicant, is ten working days.

After agreeing on the final act of selection by the applicant, he is notified of the date of receipt of the temporary land use agreement for signing.

6. The signed materials are sent to the State Corporation for the production of a land cadastre plan.

7. A land cadastre plan is prepared and sent within ten working days to the authorized body of the region, the city of regional significance and the district for approval and preparation of a draft decision of the local executive body of the region, the city of regional significance (on the territory transferred to its administrative subordination), akim of the settlement, village, rural district on granting the right to the land plot.

The land cadastre plan includes:

cadastral number of the land plot;

location of the land plot;

land plot plan;

land area;

type of right to the land plot;

purpose of the land plot in accordance with the functional zones provided for in paragraph 3 of Article 107 of this Code;

restrictions and encumbrances of the land plot;

divisibility or indivisibility of a land plot;

information about related land plot owners and land users;

the cadastral (estimated) value of the land plot or the value of the land use right.

The land cadastre plan is approved within three working days and is the basis for the adoption by the local executive body of the region, district, city of regional significance (on the territory transferred to its administrative subordination) and akim of the settlement, village, rural district of a positive decision on granting the right to a land plot.

The boundaries of the land plot in the area are established after the approval of the land cadastral plan within one month after the decision is made by the local executive body of the region, district, city of regional significance (on the territory transferred to its administrative subordination) and the akim of the settlement, village, rural district.

8. The decision of the local executive body of the region, the city of regional significance (in the territory transferred to its administrative subordination) and the akim of the settlement, village, rural district on granting the right to a land plot is made within five working days from the date of approval of the land cadastral plan.

A copy of the decision of the local executive body of the region, the city of regional significance (on the territory transferred to its administrative subordination), the akim of the settlement, village, rural district and the land cadastral plan are sent to the authorized body of the region, the city of regional significance and the district for the preparation of a temporary (short-term, long-term) paid land use (lease) agreement within one working day.

The land cadastre plan is an integral part of the decision of the local executive body of the region, the city of regional significance (on the territory transferred to its administrative subordination) and akim of the settlement, village, rural district. The decision is considered invalid in its absence.

Upon transfer of rights to a land plot, the land cadastral plan 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, a new land cadastral plan is not issued, but information on the transfer of rights to the land plot is entered into the land cadastre 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".

A copy of the decision of the local executive body of the region, the city of regional significance (on the territory transferred to its administrative subordination) and the akim of the settlement, village, rural district and signed by the authorized body of the region, the city of regional significance (on the territory transferred to its administrative subordination) and the district agreement of temporary (short-term, long-term) paid land use (lease) are sent through the State Corporation or the e-Government web portal to the applicant for signature.

The acquisition of property rights by a land user is regulated in accordance with Articles 47 and 49 of this Code.

After receiving the notification, the applicant signs a temporary land use agreement within three working days.

After receiving the documents confirming the right to the land plot, the applicant submits an application for state registration of rights to immovable property in accordance with the legislation of the Republic of Kazakhstan.

The decision of the local executive body of the region, the city of regional significance (on the territory transferred to its administrative subordination) 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 to which the right to a land plot is granted;

location of the land plot;

purpose of the land plot in accordance with the functional zones provided for in paragraph 3 of Article 107 of this Code;

land category;

land area;

type of right to land, encumbrances, easements;

terms of conclusion of a temporary (short-term, long-term) paid land use (lease) agreement;

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

other information related to the provision of land.

At the same time, it is prohibited to provide land plots for construction without detailed planning projects or master plans for settlements with an estimated population of over twenty thousand people and master plans combined with a detailed planning project with a population of up to twenty thousand people (or their replacement scheme for the development and development of settlements with up to five thousand people)..

The footnote. Chapter 5 is supplemented by Article 44-1 in accordance with the Law of the Republic of Kazakhstan dated 07/02/2014 No. 225-V (effective from 01.01.2015); as amended by the Laws of the Republic of Kazakhstan dated 06/15/2015 No. 322-V (effective after ten calendar days after the date of its first official publication); dated 10/28/2015 No. 366-V (effective after ten calendar days after the date of its first official publication); dated 17.11.2015 No. 408-V (effective from 01.03.2016); dated 29.03.2016 No. 479-V (effective after twenty-one calendar days after the date of its first official publication); dated 24.05.2018 No. 156-VI (effective after ten calendar days after the date of its first official publication); dated 29.06.2020 No. 352-VI (effective after ten calendar days after the date of its first official publication); dated 06/24/2021 No. 52-VII (effective after ten calendar days after the date of its first official publication); dated 06/30/2021 No. 59-VII (effective from 01/01/2022); dated 04/05/2023 No. 221-VII (effective from 07/01/2023).

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