Doing a Business

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 divided into 7 following categories according to their intended purpose:

  1. agricultural land;
  2. lands of settlements (cities, towns and rural settlements);
  3. land 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, historical and cultural purposes;
  5. land of the forest fund;
  6. water fund lands;
  7. reserve land.

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

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 intended 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 according to  ; provision and withdrawal of land plots, including for state needs, established by law.

Land in the Republic of Kazakhstan is in state ownership. Land plots may also be in private ownership on the grounds, conditions and within the limits established by law.

Article 20 of the Land Code of the Republic of Kazakhstan establishes that the Republic of Kazakhstan recognizes and equally protects state and private ownership of land.

Subjects of ownership:

  • subject of state property rights to land on the territory of the Republic - the Republic of Kazakhstan;
  • subject of private ownership of land on the grounds, conditions and within the limits established by the Code - citizens and non-state legal entities. At the same time, citizens are understood as citizens of the Republic of Kazakhstan, foreigners and stateless persons, unless otherwise provided by law.

State-owned land plots may be provided for private ownership by 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 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 farmstead and haying without the right to erect any buildings (structures, structures).

Privately owned by citizens of the Republic of Kazakhstan there may be land plots for running a peasant or farm enterprise, personal subsidiary plots, afforestation, gardening, individual housing and summer cottage construction, as well as provided (provided) for development or built up with industrial and non-industrial, including residential, buildings (structures, structures) and their complexes, including lands 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 enterprise, personal subsidiary farming, afforestation, gardening and summer cottage construction, from the citizenship of the Republic of Kazakhstan, the right of ownership is subject to alienation or re-registration in accordance with the norms of Article 66 of the Land Code.

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

Moratorium on agricultural land

At the moment, in respect of agricultural land until December 31, 2026, a moratorium has been introduced on the provision to 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, the right of temporary land use on the terms of the lease of agricultural land in accordance with Decree  of the President of the Republic of Kazakhstan dated May 6, 2016 No. 248.

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

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

After the expiration of the moratorium  On December 31, 2026, 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, will be able to own agricultural land only on the right of temporary land use under a lease for up to twenty-five years.

After the expiration of the moratorium  December 31, 2026, the provision of private ownership of an agricultural land plot is carried out on a paid basis.

After the expiration of the moratorium  December 31, 2026, citizens and non-state legal entities interested in granting the right of private ownership of a land plot (land plots) for running a peasant or farm enterprise, agricultural production and afforestation, can:

  1. acquire the right of private ownership of a land plot at a price equal to the cadastral (estimated) value of the land plot, determined in accordance with the law;
  2. acquire the right of private ownership of a land plot at a preferential price, determined from its cadastral (assessed) 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 purchased from the state the right to permanent land use (the right to 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 that was in force at the time of the transactions, from the moment the Code came into force become owners of land plots without charging an additional fee for acquiring the right of private ownership within the norms of land plots established by the Code.

Obtaining title to land by foreign persons

Privately owned by foreigners, stateless persons and foreign legal entities (non-state) may be land plots for development or built up with industrial and non-industrial, including residential, buildings (buildings, structures) and their complexes, including land intended for for maintenance of buildings (structures, structures) in accordance with their purpose. Land plots for agricultural production and afforestation cannot be provided for 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 (matrimony) with foreigners or stateless persons, as well as foreign legal entities and legal entities of the Republic Kazakhstan with foreign participation.

Marriage

When entering into a marriage (matrimony) between citizens of the Republic of Kazakhstan with foreigners or stateless persons, the right of ownership of land plots located in the border zone and border strip of the State Border of the Republic of Kazakhstan is 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 a stateless person, a foreign legal entity, a legal entity of the Republic of Kazakhstan with foreign participation becomes a participant (shareholder) of a legal entity of the Republic of Kazakhstan, the right of ownership of land plots located in the border zone and the border strip of the State Border of the Republic of Kazakhstan is 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 may 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 case of fulfillment of investment obligations in accordance with the investment contract.

The basis for the gratuitous transfer of the provided state in-kind grant into ownership or land use is the decision of the authorized body for investments, 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 body for investments.

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

Participants of 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 stipulated 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 buy out a land plot at a price equal to the cadastral (assessed) value established at the time of conclusion of an agreement on 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) buildings (structures) associated with them at the time of the abolition of an industrial zone of republican or regional significance, local executive bodies are granted the right to paid land use for a period of not more than three years.

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

Attached to the application:

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

For participants in a special economic zone, industrial zone of republican or regional significance, who 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, 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 by Article 47 of the Code.

If a land plot is provided 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 a commercial zone, determined in accordance with Article 107 of the Code.

Obtaining land use rights by foreign persons

The land use right may be permanent or temporary, alienable or inalienable, acquired for a fee or free of charge.

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

The land use right arises on the basis of:

  1. acts of state bodies;
  2. civil law transactions;
  3. other grounds provided for by the legislation of the Republic of Kazakhstan.

Right of permanent land use

On 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 engaged in land use on the lands of specially protected natural areas;
  3. in other cases provided for by legislative acts of the Republic of Kazakhstan.

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

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

When granting land users the right to temporary land use, the authorized body of a region, city of republican significance, the capital, district, city of regional significance, within its competence, concludes with such land users lease agreements for a land plot or agreements for temporary gratuitous land use on the basis of an appropriate decision of the Government of the Republic of Kazakhstan or a local executive body on granting temporary land use rights.

If the land plot is intended for carrying out activities or performing actions requiring permission, license for subsoil use or conclusion of a contract for subsoil use, then the granting of land use rights to this area is made after obtaining the appropriate permit, license for subsoil use or the conclusion of a contract for subsoil use.

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

The 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 values ​​in the manner and under the conditions established by the legislation of the Republic of Kazakhstan on special economic and industrial zones.

The right to temporary land use 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 concluded an investment contract with the government of the Republic of Kazakhstan represented by the authorized investment body.

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

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

The maximum amount of the 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 value of the requested state in-kind grant exceeds the specified maximum amount, a 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 amount of the state in-kind grant.

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

It is not allowed to provide agricultural land plots to 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 that are state-owned and not provided for land use is carried out at auctions (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 authorized body for investments;
  2. foreign states and international organizations in accordance with international treaties;
  3. private partners for the implementation of projects public-private partnership or concessionaires for the implementation of concession projects;
  4. social-entrepreneurial corporations for the implementation of investment and innovation projects;
  5. subjects of industrial and innovative activity 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 and entrepreneurial corporation. However, it must be remembered that the guarantee of stability applies only to land provided as state in-kind grants.

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