In accordance with Rules for granting land parcels for private housing construction (Order by Acting Minister of National Economy of the RoK No. 255 as of March 27, 2015 registered in Ministry of Justice on April 29, 2015 under No. 10871), land parcels for private housing construction are granted to nationals of the RoK for free to private ownership in the size of 0.10 hectar. The land parcels shall not be granted that have been included in the list of those offered for sale at tenders/auctions,
In other words, each citizen of the RoK as well as oralmans (repatriated Kazakhs) have the legal right to 10 are (a hundred square meters) of land for construction of a house absolutely free of charge. Moreover, it absolutely doesn’t matter whether an applicant has got a real estate already (apartment, house, garage, or a land plot). You should keep in mind that you will only become owner of a land parcel (according to section 4 chapter 1 of the Rules) after you have developed the land, i.e. after the act of commissioning the house to operation has been signed.
The first step to obtaining a land parcel to private ownership will be your visit to akimat with original and copy of your identity document.
Depending on where you would like to get a land parcel, you are to apply to the relevant akimat:
- within the boundaries of the republican-status city or capital city – akimat of the republican-status city or capital city;
- within the boundaries of a regional-status city – akimat of a regional-status city;
- within the boundaries of a district-status town – akim of district-status town;
- within the boundaries of a township – akim of township;
- within the boundaries of a village – akim of village/rural county.
In the application, you are to indicate the purpose (for private housing construction), appropriate location of land parcel, whether there is or not another land parcel (for running a private subsidiary farm, for private housing construction, for gardening and summer house construction). To application, a copy of your identity document should be attached. Regardless of the fact that the details on other real estate should be submitted, this shall not affect the end decision, unless another parcel had been provided to you by government for housing construction.
Every citizen, regardless of whether he/she owns or does not own a real estate, shall have the right to get 0.10 ha of land for private housing construction.
Application shall be processed within 60 calendar days. If the response is positive, then within 7 business days after the decision has been made by land commission, you will be put in the waiting list for obtainment of a land parcel. You will be given the notice with the website indicated, where you will be able to track the number of your queue for obtainment of land parcel.
Once it is time to obtain, you need to apply to akimat and submit the documents required for formalizing the right of temporary payable use/rent of the allotted land parcel. Under the clause 20 of the Rules, the contract for temporary payable land use/rent shall be concluded on the basis of the decision on granting the right for a land parcel within the term of no later than ten business days from the day when the decision was made
Then you need to write an application for establishment of boundaries of the land parcel and get the identification document for the land parcel. Documents to be submitted and the obtainment procedure can be viewed here. It is worth mentioning that you will need to pay for land survey works and for manufacture of acts.
Within six months since the issuance of act for land use, the housing must be commissioned, i.e. the act of the private house being put into operation should be signed. Only under such conditions the land parcel may be granted to private ownership to private ownership (section 4 of chapter 1 of Rules for granting of land parcels for private housing construction).
If the house has not been constructed within six months, you should apply to akimat for extending the term of temporary rent to one year. In the event that within two years the land parcel has not been used for its designated purpose, i.e. no construction or operation of the private housing is in place, then government shall have the right to withdraw it (clause 92 of the Land Code). Moreover, you will be liable to pay damages to government under the clause 93 of the Land Code unless there have been any force majeure circumstances.
So, in obtaining a land parcel from government, you will only become a rightful owner thereof after you have constructed and commissioned the house. Until that time, it will be in temporary use – rent.
To buy for private ownership a land parcel that previously was granted under the right of temporary payable land use/rent, the following documents must be submitted:
- Application for being granted a land parcel for private housing construction as a private property.
- Identity document –both original and copy.
- Act of commissioning to operation of the constructed private house on the land parcel.
- Identification document for the land parcel.
Upon submitting of the documents, akimat’s decision on granting the private property right to the land parcel shall be made within the term of up to 7 business days. Next, you need to get the right for the land parcel registered. And you may take congratulations on housewarming!