Article 48. Acquisition of rights to state-owned land plots at auctions of the Land Code of the Republic of Kazakhstan

Home / RLA / Article 48. Acquisition of rights to state-owned land plots at auctions of the Land Code of the Republic of Kazakhstan

 1. The provision of land plots or the right to lease land plots that are in state ownership and not provided for land use is carried out at auctions (auctions), except in cases when the land plot or the right to lease the land plot is provided:

1) for the implementation of investment projects in accordance with Article 284 of the Entrepreneurial Code of the Republic of Kazakhstan;

2) foreign states and international organizations in accordance with international treaties;

3) state land users of the Republic of Kazakhstan;

4) persons who have won tenders for the construction of facilities carried out by government agencies, and when such construction requires the provision of land directly to the specified persons;

5) individuals and legal entities for the operation and maintenance of buildings (structures, structures) belonging to them by right of ownership and (or) other property rights, including for the expansion and reconstruction of buildings (structures, structures) in the adjacent territory in accordance with architectural and urban planning and (or) construction documentation approved by in accordance with the procedure established by the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities;

5-1) individuals and legal entities for the construction of buildings (structures, structures) and their engineering and communication networks in the territory where they previously carried out survey work for construction purposes in accordance with Article 71 of this Code, provided that they have purchased the rights to land that previously belonged to third parties, within the planned buildings in accordance with the detailed planning project;

5-2) individuals and legal entities for the construction of engineering and communication networks and systems to land plots belonging to them by right of ownership and land use, according to the schemes of routes issued by the architecture and urban planning authorities together with the technical conditions for connection to engineering networks and architectural and planning tasks in accordance with the procedure established by the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities;

5-3) individuals and legal entities for the placement of fish farming facilities and communications for their maintenance on land plots adjacent to a fixed fishery reservoir and (or) site, for the purpose of conducting fisheries and aquaculture without capital construction;

6) to the participants of the condominium for the operation and maintenance of the condominium facility;

7) for the use of pasture and haymaking lands in order to meet the needs of the population for the maintenance of their personal farmstead, as well as gardening;

8) for the purposes of subsurface use on the basis of a subsurface use license or a subsurface use contract in accordance with the Code of the Republic of Kazakhstan "On Subsurface and Subsurface Use", as well as for the construction and (or) placement of engineering, transport and other infrastructure necessary for operations on mining, use of subsurface space;

9) as state in-kind grants on the basis of a contract concluded in accordance with the legislation of the Republic of Kazakhstan in the field of investments;

10) a participant in a special economic zone or industrial zone of national or regional significance, a management company of a special economic zone or industrial zone in accordance with the legislation of the Republic of Kazakhstan on special economic and industrial zones;

10-1) from the composition of the lands of the water fund occupied by territorial waters for the construction of artificial structures;

11) for the needs of railway, automobile, marine and inland waterway, air, pipeline transport, for the needs of energy and communications, including for the construction of antenna and mast structures and (or) supports for cellular and satellite communications equipment in accordance with Article 119 of this Code, as well as for the construction of other facilities of national importance;

12) for public facilities designed to meet the needs of the population (water pipes, heating mains, sewage treatment plants and other engineering and communication networks and systems, infrastructure for separate collection of solid household waste), as well as for special-purpose facilities in accordance with subparagraph 8) of part five of paragraph 3 of Article 107 of this Code;

13) to establish zones with special land use conditions in accordance with Article 121 of this Code;

14) for conducting personal subsidiary farming, gardening, individual housing and suburban construction in accordance with paragraph 3 of Article 9 of this Code;

14-1) should be deleted 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).

15) for the construction of facilities provided for in the documents of the State Planning System of the Republic of Kazakhstan, investment projects that ensure state interests and the achievement of socially significant goals;

16) scientific centers with international participation and domestic industrial enterprises in accordance with paragraph 3 of Article 9 of this Code;

17) private partners for the implementation of public-private partnership projects;

18) social and entrepreneurial corporations for the implementation of investment and innovation projects;

19) subjects of industrial and innovative activity for the implementation of industrial and innovative projects;

20) participants (members) of an economic partnership or production cooperative upon withdrawal from membership in accordance with paragraph 3 of Article 101 of this Code;

21) displaced persons in regions designated by the Government of the Republic of Kazakhstan for the construction of facilities within the boundaries of settlements, with the exception of cities of regional significance.

2. Excluded by the Law of the Republic of Kazakhstan dated 05/13/2021 No. 39-VII (effective ten calendar days after the date of its first official publication).

3. The land plot intended for sale is put up for auction (auction) after:

defining the boundaries of a land plot;

determination of the purpose of the land plot and its cadastral (estimated) value;

making a decision on bidding (auctions);

publication of a notice of bidding (auctions).

4. The seller of the land plot or the right to lease the land plot is the local executive body.

The organizer of the auctions is the owner or a specialized organization acting on the basis of an agreement with him.

5. The owner of the land plot determines the form of bidding (auctions), the initial price of the subject of bidding (auctions) and the amount of the deposit.

6. Auctions for the sale of land plots or the right to lease land plots are carried out electronically on the web portal of the register of state property in accordance with the procedure determined by the central authorized body.

6-1. 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, city of republican significance, capital, district, city of regional significance, akim of the city of district significance, 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.

7. The results of auctions for the sale of a land plot or the granting of the right to lease a land plot are formalized by a protocol that is posted on 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. Based on the protocol, a contract for the purchase and sale or lease of a land plot is concluded within two working days in accordance with the form approved by the central authorized body.

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

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