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Obtaining land use rights by foreign persons

The right to land use can be permanent or temporary, alienable or inalienable, acquired for free or free of charge.

Land users do not have the right to independently change the purpose of a land plot upon alienation and transfer of land use rights.

Land use right arises on the basis of:

1) acts of state bodies;

2) civil transactions;

3) other grounds provided for by the legislation of the Republic of Kazakhstan.

Permanent land use right

1. On the basis of the right of permanent land use, land plots are provided to the following state land users:

1) legal entities engaged in agricultural and forestry production, as well as for research, experimental and educational purposes;

2) legal entities carrying out land use on lands of specially protected natural areas;

4) in other cases provided for legislative acts Republic of Kazakhstan.

The permanent land use right cannot belong to foreign land users.

The granting of the right to land use to citizens and legal entities is carried out on the basis of a decision of the local executive body of a region, a city of republican significance, the capital, a district, a city of regional significance in accordance with the competence to grant the right to a land plot.

When land users are granted the right to temporary land use by the authorized body of a region, a city of republican significance, a capital, a district, a city of regional significance, within its competence, land lease agreements or agreements for temporary free land use are concluded with such land users on the basis of a relevant decision of the Government of the Republic of Kazakhstan or a local executive body on granting the right to temporary land use.

If the land plot is intended for the implementation of activities or the commission of actions requiring permits, licenses for subsoil use or conclusion of a subsoil use contract, then the granting of the right to land use for this site is made after obtaining the appropriate permit, license for subsoil use or conclusion of a contract for subsoil use.

The right of temporary land use within the framework of the SEZ and IZ

Lands of special economic zones, industrial zones of republican and regional significance are provided for temporary paid land use from lands that do not belong to the category of agricultural land, to the relevant management companies, which in turn provide them to participants in special economic zones, industrial zones of republican and regional significance in the manner and on the conditions established by the legislation of the Republic of Kazakhstan on special economic and industrial zones.

Temporary land use right under an investment contract (state in-kind grant)

State in-kind grants are one of the types of investment preferences provided by legal entities of the Republic of Kazakhstan, including those with foreign participation, that have entered into an investment contract with the government of the Republic of Kazakhstan represented by the authorized investment body.

The following can be transferred as state in-kind grants: land plots, buildings, structures, machinery and equipment, computers, measuring and control devices and devices, vehicles (except for cars), production and household equipment.

To conclude an investment contract, the applicant must submit an application for investment preferences by applying for the public service "concluding an investment contract", in paper form through the public service centers of the state corporation "Government for Citizens" or electronically through the electronic government portal www.egov.kz.

The maximum size of a state in-kind grant is no more than thirty percent of the volume of investments in fixed assets of a legal entity of the Republic of Kazakhstan.

If the estimated cost of the requested state in-kind grant exceeds the specified maximum amount, the legal entity of the Republic of Kazakhstan has the right to receive the requested property with payment of the difference between its estimated value and the maximum size of the state in-kind grant.

Land plots provided as state in-kind grants are state property transferred on the basis of the right of temporary gratuitous land use to a legal entity of the Republic of Kazakhstan for the implementation of an investment project with subsequent gratuitous transfer of ownership or land use.

It is not allowed to provide agricultural land plots for private ownership as state in-kind grants for agricultural production.

Granting land use rights without tenders and auctions

According to the Land Code, the provision of land plots or the right to lease land plots owned by the state and not provided for land use is carried out at tenders (tenders, auctions), except for cases when a land plot or the right to lease a land plot is granted:

1) for the implementation of investment projects by local executive bodies, in this case, the project must be recognized as an investment by the authorized investment body;

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

3) private partners for project implementation public-private partnership or to concessionaires for implementation concession projects;

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

5) subjects of industrial and innovative activities for the implementation of industrial and innovative projects.

Thus, without concluding an investment contract, the investor has the right to apply for a land plot for temporary free land use by contacting the local executive body at the location of the land plot or a social-entrepreneurial corporation. However, it must be remembered that the guarantee of stability applies only to land plots provided as state in-kind grants.

Obtaining title to land by foreign persons

The private property of foreigners, stateless persons and foreign legal entities (non-state) may contain land plots for construction or built up industrial and non-industrial, including residential, buildings (structures, structures) and their complexes, including land intended for the maintenance of buildings (buildings, structures) in accordance with their purpose. Land plots for agricultural production and afforestation cannot be granted to the private ownership of foreigners, stateless persons and foreign legal entities (non-state).

Land plots located in the border zone of the State Border of the Republic of Kazakhstan cannot be owned by foreigners, stateless persons, citizens of the Republic of Kazakhstan who are married (married) to foreigners or stateless persons, as well as foreign legal entities and legal entities of the Republic Kazakhstan with foreign participation.

Marriage

When the citizens of the Republic of Kazakhstan conclude a marriage (matrimony) with foreigners or stateless persons, the ownership right to land plots located in the border zone and the border strip of the State Border of the Republic of Kazakhstan shall be subject to re-registration or alienation in accordance with the norms of Article 66 of the Code.

Joining a legal entity

When a foreigner or stateless person, a foreign legal entity, a legal entity of the Republic of Kazakhstan with foreign participation becomes a member (shareholders) of a legal entity of the Republic of Kazakhstan, the ownership of land plots located in the border zone and border strip of the State border of the Republic of Kazakhstan shall be subject to re-registration or alienation in accordance with the provisions of Article 66 of the Land Code.

Obtaining a state in-kind grant for ownership.

Land plots can be provided as state in-kind grants by the authorized body for investments in agreement with the authorized body for state property management and (or) the central authorized body for land management, as well as local executive bodies for temporary free use or on the right of temporary gratuitous land use with subsequent gratuitous transfer of ownership or land use in the event of fulfillment of investment obligations in accordance with the investment contract.

The basis for the gratuitous transfer of the provided state in-kind grant to ownership or land use is the decision of the authorized investment body, which is taken after the expiration of the investment contract, if the investor fulfills investment obligations in accordance with the investment contract concluded between the investor and the authorized investment body.

Obtaining ownership of a land plot within the framework of the SEZ and IZ

Participants in special economic zones, industrial zones of republican and regional significance have the right to redeem land plots received in accordance with the legislation of the Republic of Kazakhstan on special economic and industrial zones, in the manner prescribed by the Code, in the following cases:

1) after the expiration of the period of operation of the special economic zone, subject to the fulfillment of the obligations provided for by the agreement on the implementation of activities as a participant in the special economic zone;

2) at any time, subject to the commissioning of all facilities provided for by the project of a participant in an industrial zone of republican or regional significance.

At the same time, a participant in an industrial zone of republican or regional significance, in the case provided for in subparagraph 2) above, has the right to redeem a land plot at a price equal to the cadastral (estimated) value established at the time of concluding an agreement on the implementation of activities in an industrial zone of republican or regional significance.

In the event that a participant in an industrial zone of republican or regional significance does not complete the construction of real estate objects and (or) related buildings (structures) at the time of the abolition of the industrial zone of republican or regional significance, local executive bodies shall grant the right to paid land use for a period of not more than three years.

Participants in special economic zones, industrial zones of republican and regional significance, submit an application to the relevant management company.

Attached to the application are:

  • a document or a notarized copy of a document certifying the right to a land plot;
  • a certificate from the real estate center about the absence of encumbrances on the land plot, preventing the conclusion of transactions;
  • certificate of state registration (re-registration) of a legal entity (for legal entities);
  • copy of an identity document (for individual entrepreneurs).

For participants in a special economic zone, an industrial zone of republican or regional significance, who have received land plots in accordance with The law Of the Republic of Kazakhstan "On special economic and industrial zones", documents certifying the right to a land plot are an agreement on the implementation of activities and a scheme of a land plot issued by the relevant management company.

The management company sends to the local executive body of the region, the city of republican significance, the capital at the location of the land plot, an application with all the proposed documents, which is considered in the manner prescribed article 47 Of the Code.

In the case of the provision of a land plot within the boundaries of a settlement for the placement of special economic zones or industrial zones of republican or regional significance, such lands belong to the commercial zone, determined in accordance with Article 107 Of the Code.

Moratorium on agricultural land

At the moment, in relation to agricultural land plots until December 31, 2021, a moratorium has been introduced on the provision of foreigners, stateless persons, foreign legal entities, as well as legal entities, in the authorized capital of which the share of foreigners, stateless persons, foreign legal entities is more than fifty percent, temporary land use rights on the terms of lease of agricultural land in accordance with By decree President of the Republic of Kazakhstan dated May 6, 2016 No. 248.

State-owned agricultural land plots may be provided to citizens and legal entities of the Republic of Kazakhstan without foreign participation on the basis of the right to land use in the manner and under the conditions established by law.

It is not allowed to provide agricultural land plots for private ownership as state in-kind grants for agricultural production.

Upon the expiration of the moratorium on December 31, 2021, foreigners, stateless persons, foreign legal entities, as well as legal entities in whose authorized capital the share of foreigners, stateless persons, foreign legal entities is more than fifty percent, will be able to own land plots of agricultural appointment only on the basis of the right of temporary land use on a lease for a period of up to twenty-five years.

Upon the expiration of the moratorium on December 31, 2021, the granting of private ownership of an agricultural land plot is carried out on a paid basis.

Upon the expiration of the moratorium on December 31, 2021, citizens and non-state legal entities interested in granting private ownership of a land plot (land plots) for running a peasant or farm economy, agricultural production and afforestation may:

1) acquire the right to private ownership of a land plot at a price equal to the cadastral (estimated) value of the land plot, determined in accordance with the legislation;

2) acquire the right to private ownership of a land plot at a preferential price determined from its cadastral (appraised) value.

At the same time, the size of the preferential price for land plots by administrative-territorial units is established by the Government of the Republic of Kazakhstan.

Citizens and non-state legal entities of the Republic of Kazakhstan who previously bought from the state the right of permanent land use (the right of long-term land use) of a land plot for running a peasant or farm enterprise and agricultural production in accordance with the legislation of the Republic of Kazakhstan in force at the time of transactions, from the moment the Code came into force become owners of land plots without charging additional fees for acquiring the right to private property within the limits of land plots established by the Code.

Receiving land plots

In accordance with the Land Code of the Republic of Kazakhstan (hereinafter referred to as the Code), the entire land fund of the country is subdivided into the following 7 categories for their intended purpose:

1) agricultural land;

2) lands of settlements (cities, towns and rural settlements);

3) lands for industry, transport, communications, for the needs of space activities, defense, national security and other non-agricultural purposes;

4) lands of specially protected natural areas, lands of health-improving, recreational and historical and cultural purposes;

5) lands of the forest fund;

6) lands of the water fund;

7) reserve lands.

The use of a land plot must correspond to its intended purpose. The legal regime of lands is determined based on their belonging to a particular category and permitted use in accordance with the zoning of lands (territories).

The assignment of lands to the specified categories, as well as the transfer of lands from one category to another in connection with a change in their designated purpose, are carried out by the Government of the Republic of Kazakhstan, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance within their competence for the provision and seizure of land plots, including for state needs, established by law.

Land in the Republic of Kazakhstan is state-owned. Land plots can also be privately owned on the grounds, conditions and within the limits established by law.

Article 20 of the Land Code of the Republic of Kazakhstan establishes that state and private ownership of land is recognized and equally protected in the Republic of Kazakhstan.

Subjects of property rights:

the subject of state ownership of land on the territory of the republic is the Republic of Kazakhstan;
the subject of private ownership of land on the grounds, conditions and within the limits established by the Code - citizens and non-state legal entities. In this case, citizens are understood as citizens of the Republic of Kazakhstan, foreigners and stateless persons, unless otherwise provided by law.
State-owned land plots can be provided for private ownership to citizens and non-state legal entities, with the exception of land plots that, in accordance with the Code, cannot be privately owned.

Land plots located in the border strip of the State Border of the Republic of Kazakhstan are not provided for private ownership and for temporary land use.

It is allowed to use agricultural land located within the border strip of the State Border of the Republic of Kazakhstan by the population for grazing farm animals of a personal backyard and mowing hay without the right to erect any buildings (structures, structures).

The private property of citizens of the Republic of Kazakhstan may be land plots for running a peasant or farm economy, personal subsidiary farming, afforestation, gardening, individual housing and summer cottage construction, as well as provided (provided) for building or built up with industrial and non-industrial, including residential, buildings (structures, structures) and their complexes, including land intended for the maintenance of buildings (structures, structures) in accordance with their purpose.

Upon termination of the citizenship of the Republic of Kazakhstan from a person who is the owner of a land plot provided for running a peasant or farm economy, personal subsidiary plots, afforestation, gardening and dacha construction, from the citizenship of the Republic of Kazakhstan, the ownership right is subject to alienation or re-registration in accordance with the norms of Article 66 of the Land Code.

The private property of non-state legal entities of the Republic of Kazakhstan may be land plots provided (provided) for agricultural production, afforestation, for construction or built up industrial and non-industrial, including residential, buildings (structures, structures) and their complexes, including land, intended for the maintenance of buildings (structures, structures) in accordance with their purpose.

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