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How to get a land for agricultural purposes Printable version

Last update: 30.09.2020

District and city akimats hold tenders on a regular basis to provide land for rent for agricultural production. Therefore, if there is not enough money to purchase land, there is an opportunity to participate in the tender. We will discuss how to do this in this article. 

Granting of land plots or the right to lease land plots that are in state ownership and not granted for land use is carried out at bids (tenders, auctions), except for cases when a land plot or the right to lease a land plot is granted:

  • for the implementation of investment projects;
  • to foreign states and international organizations in accordance with international treaties;
  • to state land users of the Republic of Kazakhstan;
  • to entities who have won tenders for the construction of facilities conducted by public authorities, and when such construction requires the granting of a land plot directly to the said persons;
  • to physical and legal entities for the operation and maintenance of buildings owned by them on the right of ownership and other proprietary rights, including for the expansion and reconstruction of buildings in the adjacent territory in accordance with architectural and town planning and construction documentation;
  • to physical and legal entities for the construction of buildings in the territory where they previously conducted survey work for construction purposes, provided that they have redeemed the rights to land that previously belonged to third parties within the planned development in accordance with the draft detailed plan;
  • to participants in the condominium for the operation and maintenance of the condominium facility;
  • for the use of pasture and hayfields in order to meet the needs of the population for the maintenance of their personal farmstead and truck farming;
  • for the purposes of subsoil use on the basis of a contract concluded in accordance with the legislation of the Republic of Kazakhstan on subsoil and subsoil use;
  • as state land grants on the basis of a contract concluded in accordance with the legislation of the Republic of Kazakhstan in the field of investments;
  • to participant in a special economic zone, an autonomous cluster fund, and a management company in accordance with the legislation of the Republic of Kazakhstan on special economic zones;
  • from the composition of the lands of the water fund occupied by territorial waters, for the construction of artificial structures;
  • for the needs of rail, road, sea and inland water, air, pipeline transport, communications and energy, as well as for the construction of other objects of national importance;
  • for public facilities intended to meet the needs of the population (water pipes, heating mains, treatment facilities and other engineering and communication networks and systems), as well as for special purpose facilities in accordance with subparagraph 10) of paragraph 3 of Article 107 of the Land Code;
  • to establish zones with special conditions for the use of land in accordance with Article 121 of the Land Code;
  • for the conduct of personal subsidiary farming, horticulture, individual housing and suburban construction in accordance with paragraph 3 of Article 9 of the Land Code ;
  • for private afforestation;
  • for the construction of facilities provided for by the documents of the State Planning System of the Republic of Kazakhstan, investment projects that ensure state interests and achieve socially significant goals;
  • to scientific centers with international participation and domestic industrial enterprises in accordance with paragraph 3 of Article 9 of the Land Code ;
  • to private partners for the implementation of public-private partnership projects or concessionaires for the implementation of concession projects;
  • to social and entrepreneurial corporations, which have the status of a national company, for the implementation of investment and innovation projects;
  • to subjects of industrial-innovative activities for the implementation of industrial-innovative projects;
  • to participants (members) of a business partnership or production cooperative upon withdrawal from the membership of participants (members) in accordance with paragraph 3 of Article 101 of the Code.

How to participate in the auction?

The auction organizer forms an announcement about the auction holding information on the land plot exhibited for auction and publishes it in the periodical printed publication, on the official Internet resource of the seller and in the state information system of permits and notifications not later than fifteen calendar days before the announced date of the auction.

Registration of applications of auction participants is carried out from the date of publication of the announcement and is completed twenty-four hours before the auction begins. Applications received after the expiration of their acceptance and registration are not considered.

To register as an auction participant, you must submit the following documents:

  1. Application for participation in the auction for the sale of the right of ownership (lease) of land in the form of information.
  2. A payment document confirming the deposit of the guarantee fee, except for the case of payment by the bidder of the guarantee deposit through the payment gateway of "electronic government".
  3. Document certifying the authority of the representative.

How to participate in the tender?

The announcement of the tender is published in the periodical printed publication, on the official Internet resource of the seller and in the state information system of permits and notifications not later than thirty calendar days before the date of summing up the competition results.

To register as an auction participant, you must submit the following documents:

  1. Application for participation in the tender for the sale of the right of ownership (lease) of land in the form of information.
  2. A payment document confirming the deposit of the guarantee fee, except for the case of payment by the bidder of the guarantee deposit through the payment gateway of "electronic government".
  3. Document certifying the authority of the representative. 

To participate in the competition, physical and legal entities are allowed to apply for participation in the tender within a period not later than the time set in the announcement.

Registration of tender participants is made from the date of publication of the announcement of the competition and ends three working days before the competition.

After submitting an application for participation in the tender, the applicant, within the period indicated in the tender announcement, submits proposals for the price and use of the land plot (competitive bid), sealed in a separate envelope.

Based on the results of consideration of proposals (competitive bids) of participants, the conclusion of the competitive commission is drawn up, which is signed by the chairman of the tender committee, his deputy, members and secretary of the competitive commission.

The seller (local executive body) within two working days from the date of signing the conclusion of the competitive commission determines the winner of the tender, drawn up by the record, which is signed by the winner and the second buyer.

The results of the tender are published in the periodical printed edition, on the official Internet resource of the seller and in the state information system of permits and notifications within ten calendar days from the date of the tender summing-up.

On the basis of the record, the local executive body shall, no later than two working days after the end of the tender, make a decision on the granting of a land plot or the right to lease a land plot and notify the winner of the need to conclude a contract of sale and purchase.

The contract of sale and purchase of the object of bidding is concluded within one working day from the date of the decision of the local executive body. 

Acquisition of rights to agricultural land that is state-owned and not granted for land use is carried out in a special order in the following sequence:

  • through the auction form of bidding with the condition of increasing the cadastral (estimated) value of the land plot;
  • through the auction form of bidding with the condition of lowering the cadastral (estimated) value of the land plot when it is impossible to sell it based on the results of at least two auctions with the condition of increasing the cadastral (estimated) value of the land plot.

At the same time, the sale of a land plot at a price below the amount of fifty percent of its cadastral (estimated) value is not allowed.

The right to lease land plots of agricultural purpose that are in state ownership is provided through a competitive form of sale to oralmans for peasant household or farm, commodity agricultural production, and for foreigners, stateless persons and 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 for conducting commodity agricultural production, for a period of up to twenty-five years.

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