Land and Development
Initial provision of land plots to legal entities and individuals for construction of state-owned facilities and those not available for land use is carried out through bidding (auctions). The exception is provided for cases stipulated by Art. 48 of the Land Code of the Republic of Kazakhstan.
Land plots are put up for auction based on the progress of procedures specified in this article, namely: identification of the land plot boundaries; determination of the land plot intended purpose and its cadastral (estimated) cost; decision on the auction; publication of information about such auction.
Allocation of land plots without bidding
Based on the Article 48 of the Land Code of the Republic of Kazakhstan, a number of exceptional cases of land plots provision without bidding is provided, namely regarding the following:
1) for the implementation of investment projects;
2) for foreign states and international organizations in accordance with international treaties;
3) for state land users of the Republic of Kazakhstan;
4) persons who have won the bidding (tenders) for the construction of facilities carried out by public authorities, and when such construction requires provision of a land plot directly to the specified persons;
5) individuals and legal entities for the operation and maintenance of buildings (structures), belonging to them by the right of ownership and (or) other property rights, including for the expansion and renovation of buildings (structures) in the surrounding areas, in accordance with the architectural and urban-planning and (or) construction documents approved in the manner prescribed by the laws of the Republic of Kazakhstan on architecture, urban planning and construction activities;
5-1) individuals and legal entities for the construction of buildings (structures) in the area where they have previously performed survey works for construction purposes in accordance with Article 71 of this Code, provided that they have purchased the rights to the land plots, which have previously belonged to third parties, within the proposed development area in accordance with the draft detailed plan;
6) condominium members for the operation and maintenance of the condominium facility;
7) for the use of pasture and hay fields in order to meet the needs of the population on the content of their personal farms and horticulture;
8) for subsoil use purposes on the basis of a contract concluded in accordance with the legislation of the Republic of Kazakhstan on subsoil and subsoil use;
9) as the state grants on the basis of a contract concluded in accordance with the legislation of the Republic of Kazakhstan in the field of investment;
10) participant of a special economic zone, autonomous cluster fund and management company in accordance with the legislation of the Republic of Kazakhstan on Special Economic Zones;
10-1) from the water fund lands occupied by territorial waters for the construction of man-made structures;
11) for the needs of railway, road, sea and inland, air and pipeline transport, for the needs of communications and energy, as well as for the construction of other facilities of national importance;
12) for common facilities designed to meet the needs of the population (water supply, heating, sewage treatment and other utilities and communication networks and systems), as well as for facilities of special use in accordance with subparagraph 10) of paragraph 3 of Article 107 of this Code;
13) for the establishment of zones with special conditions of land use in accordance with Article 121 of this Code;
14) for personal farming, horticulture, individual housing and suburban construction in accordance with paragraph 3 of Article 9 of this Code;
14-1) for private forestation;
15) for the construction of facilities provided by the documents of the State Planning System of the Republic of Kazakhstan, investment projects ensuring the public interest and the achievement of public interest objectives;
16) research 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 partnerships projects or concessionaires for the implementation of concession projects;
18) socio-entrepreneurial corporations having the status of a national company for the implementation of investment and innovation projects;
19) subjects of industrial and innovation activities for the implementation of industrial and innovation projects;
20) participants (members) of a business partnership or a production cooperative when leaving the composition of participants (members) in accordance with paragraph 3 of Article 101 of this Code.
case of compliance of the requested site to one of the exceptions in accordance
with Article 44-1 of the Land Code of the Republic of Kazakhstan, it is
required to submit a relevant application through the public service centers or
e-government web-portal, which will be reviewed in accordance with laws.