Article 44. Features and conditions of land plots provision depending on the requested purpose of the Land Code of the Republic of Kazakhstan

Home / RLA / Article 44. Features and conditions of land plots provision depending on the requested purpose of the Land Code of the Republic of Kazakhstan

1. The provision of land plots owned by the state and not provided for land use is carried out by local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of cities of regional significance, towns, villages, rural districts within their competence established by this Code, depending on the location and the requested purpose. land plots.

2. The application for a land plot for the construction of antenna-mast structures and (or) supports for cellular or satellite communication equipment is carried out in accordance with Articles 44-1 and 44-2 of this Code.

3. The application for a land plot for the construction of facilities within the boundaries of settlements is carried out in accordance with Articles 44-1 and 44-2 of this Code.

4. When requesting a land plot for the construction of oil and gas transportation infrastructure facilities related to transportation through main oil pipelines, subsequent storage and transshipment of oil and gas to other types of transport, the act of selecting the land plot and the land management project are also coordinated with the authorized body responsible for management and inter-industry coordination in the field of the main pipeline.

5. The provision of a land plot for the construction of a religious building (structure) is carried out in the presence of a decision of the local executive body of the region, the city of republican significance, the capital on its construction, issued in accordance with the legislation of the Republic of Kazakhstan on religious activities and religious associations.

6. The provision of land plots for individual housing construction is allowed on sites provided with water and electricity supply networks.

In localities where there is no centralized water supply, the provision of such land plots is allowed only if there are power supply networks.

When requesting land plots for individual housing construction, applications (petitions) of citizens are taken into special account and satisfied as sites are prepared for allotment or if there are free territories used for individual housing construction. The rules for granting land plots for individual housing construction to citizens are approved by the central authorized body. When providing land plots for individual housing construction on a free basis, the presence or absence of a citizen's land plots, the rights to which were granted by the state for individual housing construction, is taken into account.

When registering on a special account, the presence or absence of a citizen's land plots, the rights to which were granted by the state for individual housing construction, information about which is requested from the State Corporation, is taken into account.

Local executive bodies of the city of republican significance, the capital, the district, the city of regional significance, akims of settlements, villages, rural districts are obliged to ensure the availability of information on the preparation of sites for allotment and on the priority lists for obtaining land for individual housing construction by placing them on special information stands and (or) by publishing in the media in Kazakh and Russian at least once a quarter.

It is prohibited to provide citizens of the Republic of Kazakhstan with land plots for individual housing construction without special registration of their applications.

7. In the event that residential buildings, other buildings and structures, as well as engineering communications, green spaces and other plants that are subject to demolition or relocation (including those falling into the sanitary protection zone of industrial enterprises during the allocation of land) are located on the territory selected for the placement of the construction object, the applicant or his authorized representative ensures the approvals required for the allotment of the land plot are independent.

Additionally, the applicant submits an agreement concluded with each of the property owners on the terms of compensation for losses to the owner.

The contract specifies the specific terms and conditions of relocation, transfer of existing buildings, utilities, green spaces, obligations of the developer to compensate for all losses associated with the demolition of real estate.

IZPI's note! The first part of paragraph 8 is amended by 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).

8. The provision of land plots located within five hundred meters from the water's edge at an average annual inter-boundary level, with the exception of lands of specially protected natural territories, lands of the state forest fund, lands for the placement and maintenance of fisheries and aquaculture, is carried out after the establishment of water protection zones and strips, as well as the regime of their economic use, or taking into account the specifics of water protection facilities provided for in Article 87 of the Water Code of the Republic of Kazakhstan.

The procedure for determining the coastline is determined by the rules for establishing water protection zones and strips approved by the authorized body in the field of use and protection of water resources, water supply, and sanitation.

9. The specifics of the provision of land plots for the creation of special economic zones or industrial zones of national or regional significance are determined in accordance with Article 119-2 of this Code.

10. For small business entities, including social entrepreneurship entities, the purpose of a land plot, regardless of the type of activity, is established for both the construction and maintenance of buildings (structures and structures).

11. It is prohibited to provide valuable agricultural land, which includes all types of irrigated agricultural land, arable land, fallow land and lands occupied by perennial plantations, for aquaculture.

The Land Code of the Republic of Kazakhstan dated June 20, 2003

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