Article 92. Compulsory seizure from the owner and land user of a land plot that is not used for its intended purpose and has not been developed by the Land Code of the Republic of Kazakhstan

Home / RLA / Article 92. Compulsory seizure from the owner and land user of a land plot that is not used for its intended purpose and has not been developed by the Land Code of the Republic of Kazakhstan

1. The term and conditions for the development of a land plot, with the exception of the cases provided for in this article, are determined 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, and on the territory of a special economic zone – local executive bodies of the relevant administrative-territorial unit or the management body of a special economic zone within their competence to provide land plots established by this Code, depending on the purpose of the land plot provided and the legal regime of lands established in this territory in accordance with land zoning and urban planning regulations, and are reflected in purchase and sale agreements. or land use (lease).

2. If the land plot intended for construction is not used for its intended purpose within three years from the date of the decision on its provision (unless a longer period is provided for in the design and estimate documentation), then such land plot is subject to compulsory seizure in accordance with the procedure provided for in Article 94 of this Code, with the exception of the land plot located privately owned by citizens of the Republic of Kazakhstan for individual housing construction.

In cases where a land plot for the construction of an individual residential building is granted on the right of land use on unprepared sites, the period of development of such a land plot is calculated from the moment it is provided with the appropriate engineering (communal) infrastructure.

If the land plot intended for the construction of a fish pond, fish breeding facility, buildings, structures and other structures and structures related to aquaculture, with the exception of fish breeding pools, is not used for its intended purpose within two years from the date of the decision on its provision (unless a longer period is provided for in the design and estimate documentation or a draft design), then such a land plot is subject to compulsory seizure in accordance with the procedure provided for in Article 94 of this Code.

If the land plot intended for the placement of a fish-breeding pool in accordance with the fish-biological justification in the field of aquaculture is not used for its intended purpose within two years from the date of the decision on its provision, then such land plot is subject to compulsory seizure in accordance with the procedure provided for in Article 94 of this Code.

3. In cases where a land plot intended for farming or agricultural production is not used for its intended purpose within one year from the date of the initial discovery of the fact of non-use, such land plot is subject to compulsory seizure in accordance with the procedure provided for in Article 94 of this Code.

The date of revealing the fact of non-use of the land plot is considered to be the date of handing over to the owner of the land plot or the land user of the instruction on the elimination of violations of the requirements of the land legislation of the Republic of Kazakhstan.

3-1. The period of non-use of the land plot for the purpose provided for in paragraph 2 of this article does not include the time during which:

there was no urban planning documentation approved in accordance with the established procedure (master plans, detailed planning and building projects, land management projects of the territory), as well as the possibility of connecting to utility networks;

the land plot could not be used for its intended purpose due to force majeure or other circumstances precluding such use.

Other circumstances that exclude the use of a land plot for its intended purpose include changes in urban planning documentation approved in accordance with the established procedure (master plans, detailed planning and building projects, projects for the land management of the territory), as well as inaction by officials of local executive bodies performing functions in the field of architecture and urban planning., in reviewing applications from owners and land users for architectural and planning assignments and officials of natural monopoly entities in reviewing applications from owners and land users for technical specifications for connection to utility networks and other conciliation procedures provided for in the construction of facilities (if such inaction is proven in court).

3-2. The period of non-use of the land plot for its intended purpose, provided for in paragraph 3 of this Article, does not include the time during which the land plot could not be used for its intended purpose due to force majeure.

4. Cases of non-use of a land plot provided for farming or agricultural production for its intended purpose include:

1) in arable land – failure to carry out work on the processing of land for crops;

2) in hayfields – failure to carry out haymaking on the land plot, the presence of overgrowth with weeds, shrubs, small forests and other signs of degradation of the herbage;

3) on pastures – the absence of farm animals for grazing or their presence in an amount of less than fifty percent of the maximum permissible load on the total area of pastures established by the authorized body in the field of development of the agro-industrial complex, and (or) the absence of haymaking for forage harvesting;

4) on perennial plantings – failure to carry out maintenance, harvesting and uprooting of decommissioned perennial plantings.

5. The compulsory seizure of a land plot that is not used for its intended purpose and has not been developed does not apply to a land plot owned by orphaned children, children left without parental care, until they reach the age of twenty-one.

6. The compulsory seizure of a land plot owned by a second-tier bank, an organization specified in paragraph 8 of Article 61-4 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan", as a result of foreclosure on collateral, may not be carried out by a second-tier bank, an organization specified in paragraph 8 of Article 61-4 of the Law of the Republic of Kazakhstan "On banks and banking activities in the Republic of Kazakhstan", within six months from the date of their ownership of the land plot in accordance with the civil legislation of the Republic of Kazakhstan.

In case of failure to alienate the land plot after the expiration of the period provided for in part one of this paragraph, the compulsory seizure of the land plot shall be carried out in accordance with the procedure established by this Code.

In case of alienation by a second-tier bank, an organization specified in paragraph 8 of Article 61-4 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan", the land plot development period for the new rightholder is established as the initial period determined by the local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims cities of regional significance, towns, villages, rural districts, and on the territory of a special economic zone – local executive bodies of the relevant administrative-territorial unit or the management body of the special economic zone in accordance with the provisions of this article.

The footnote. Article 92 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (effective from 01.01.2015); as amended by the Laws of the Republic of Kazakhstan dated 24.11.2015 No. 422-V (effective from 01.01.2016); dated 20.02.2017 No. 48-VI (effective after ten calendar days after the date of its first official dated 02/27/2017 No. 49-VI (effective after ten calendar days after the date of its first official publication); dated 05/04/2018 No. 151-VI (effective after ten calendar days after the date of its first official publication); dated 02.04.2019 No. 241-VI (effective after ten calendar days after the date of its first official publication); dated 30.06.2021 No. 59-VII (effective from 01.01.2022); dated 03.01.2022 No. 101-VII (effective after sixty calendar days after the date of its first official publication); dated 02/27/2024 No. 65-VIII (effective sixty calendar days after the date of its first official publication).

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

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