Article 47. Acquisition of rights to land plots that are in state ownership of the Land Code of the Republic of Kazakhstan
1. The provision of state-owned land plots to the ownership of citizens and non-governmental legal entities that have the right to purchase land plots in private ownership is carried out on a reimbursable basis.
The provision of land plots to the ownership of citizens and non-governmental legal entities may be carried out free of charge in the cases provided for by this Code and other legislative acts of the Republic of Kazakhstan.
2. Persons interested in purchasing a land plot shall submit an application to the local executive body of the region, city of republican significance, capital, district, city of regional significance, akim of the city of district significance, settlement, village, rural district at the location of the land plot, which is considered in accordance with the procedure defined in Articles 43, 44, 44-1 and 44-2 of this Code, depending on the purpose of the land plot.
3. If an individual or a non-governmental legal entity intends to purchase private ownership of a land plot previously granted to it for land use, this person submits an application to the local executive body of the region, city of republican significance, capital, district, city of regional significance, akim of the city of district significance, settlement, village, rural district.
The application must be accompanied by:
a document certifying the right to a land plot, or a notarized copy of the document;
a copy of the taxpayer's certificate;
certificate from the real estate center on the absence of encumbrances on the land plot, preventing the conclusion of transactions;
certificate of state registration (re-registration) of a legal entity.
The authorized body of the region, city of republican significance, capital, district, city of regional significance, at the location of the land plot, identifies the land plot according to cadastral documentation and prepares a draft decision on granting private ownership of the land plot.
The authorized body of the region, city of republican significance, capital, district, city of regional significance at the location of the land plot in the case of an application from the management company of an industrial zone of republican or regional significance for the sale of a part of the land plot provided to it for temporary paid land use, to a participant of an industrial zone of national or regional significance in accordance with subparagraph 2) the first part of paragraph 2 of Article 119-2 of this Code allocates the sold part of the land plot in accordance with this Code.
The decision to grant ownership of a land plot must be made within five working days from the date the land user submits a written application to the local executive body.
The authorized body of the region, city of republican significance, capital, district, city of regional significance at the location of the land plot draws up and signs a contract of sale of the land plot with the buyer.
3-1. If a participant in a special economic zone or an industrial zone of national or regional significance or a person engaged in ancillary activities on the territory of a special economic zone intends to purchase into private ownership a land plot provided to him in accordance with the legislation of the Republic of Kazakhstan on special economic and industrial zones, this participant or person submits an application to the management company of the special economic or industrial zone in accordance with Article 119-2 of this Code.
4. In cases where the buyer who has received the land plot does not fulfill the obligation to pay for it within the time period established by the contract, the seller has the right to demand payment for the transferred land plot or its return.
In cases where the buyer does not fulfill the obligations to pay for the transferred land plot within the time period established by the contract and otherwise is not provided for by the contract, a penalty for the overdue amount is payable from the day when the plot should have been paid until the day the buyer pays for the plot. The amount of the penalty is calculated based on the base rate of the National Bank of the Republic of Kazakhstan.
5. The contract of sale of the land plot and the document on payment of the purchase price of the land plot are the basis for issuing an identification document for the land plot.
When selling a land plot in installments, an appropriate entry is made in the identification document for the land plot issued to the buyer on the basis of a purchase agreement prohibiting transactions, with the exception of the transfer of the plot as collateral.
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