Nationals of the RoK, foreigners and stateless persons, as well as non-governmental legal entities may be owners of land in the RoK (chapter 3, clause 20 of Land Code of the RoK).

There are three types of title to land: ownership title, use right and right of disposition. To understand the difference between them, let us look into what each type of title implies.

Right of disposition of land refers a legally assured government’s right to determine the legal fate of land in Kazakhstan territory, as well as private owner’s right to make deals about his/her land parcel that are not prohibited by laws of the RoK. The right of disposition provides the capability of selling, changing, uniting, presenting and renting the land, and make various deals therewith, which differ it from land use.

Land use right refers to a person’s right to hold and use a state-owned land parcel perpetually (permanent land use) or on payable and/or non-payable basis. Land use right implies activities on such land, possibility of building and doing business thereon, yet with no right to sell, change, present or rent such land parcel.

Ownership title to land is a legally-assured capability of exercising actual ownership of land. Land ownership title means that you may use and own the land, but not legally dispose it. So, you will not be able to sell or change it, but can use it yourself.

Al three types in total make you a land owner.

What can owner do with a land parcel?

A land parcel owner exercises the rights of ownership, use and disposition of land parcel at his/her own discretion without the need to obtain any permissions from government agencies. That is, you may use in in any way you like, sell it or lease, live on it, build housing or give as gift. You have the right to make any deals about your land parcel without changing its designated purpose. Along with that, in the event that the title to land parcel is transferred to another person, all encumbrances existing as of the date of the transaction shall remain for the next owner.

You may lease your land parcel, without changing its designated purpose, for temporary use/rent based on contract for temporary use either for payment or for free. View the standard form contract. Short-term lease implies the term of 5 years, while the long-term one – 5 to 49 years.

When title to land arise

Land use right arises through:

• granting the land use right;
• assignation of  the land use right;
• transfer of land use right under procedure of universal  succession (inheritance, legal entity reorganization).

Land use right arises on the basis of:

• government agencies’ acts;
• civil transactions;
• any other grounds contemplated by legislation of the Republic of Kazakhstan.

The following land parcels are state owned:

• those granted to government authorities, government organizations and agencies to be used for defense and national security needs;
• those occupied by specially protected nature territories of recreational and historical/cultural value;
• those belonging to forest reserves and water resources, those of common use on the land of localities, those of reserve, including of special land fund; grazing areas and hayfield meadows near townships and rural localities, as well as distant pastures and other lands not handed over to private ownership.

Getting a land parcel is possible from government or from another land owner either on a payable basis or free of charge. When buying a land parcel from another person, you need to pay attention to land owner’s mandatory documents.

In this section, we will review the procedure for obtaining a land parcel from government. There are two methods to do so: on a payable basis under the established procedure; free of charge for private ownership, in the following sizes:

• for running a private subsidiary farm (including homestead land and field plot) in rural area – 0.25 ha on non-irrigated land and 0.15 ha on irrigated land;
• for private housing construction – 0.10 ha;
• for gardening, and also for summer house construction – 0.12 ha.

Any re-granting of land parcels for free for the above purposes is not allowed, exclusive of the case indicated in section 4 of clause 94 in Land Code.

For what purposes might government hand over the land to private ownership?

• for running a family-operated farm;
• for running a private subsidiary farm;
• for forest-growing;
• for gardening;
• for private housing construction for summer house construction;

for construction or for already developed with factory/non-process (including residential ones) buildings/structures/facilities and complexes thereof, including the plots intended for servicing the buildings/facilities in accordance with purpose thereof.

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!

If you are a citizen of the Republic of Kazakhstan interested in obtaining a land parcel, then you need to submit to akimat your application for being granted a land parcel. In the application, you are to indicate:

• the aim of land parcel use (indicate for what purposes you need this land parcel: for private housing construction, for running the private subsidiary farm (including homestead land and field plot), for gardening, summer house construction or for running a family-operated farm, etc.);
• its intended size;
• location (approximate location of the requested land parcel);
• the requested land use right (ownership title to land parcel, right for temporary payable (long-term, short-term) land use/rent, right for temporary free use);
• whether  you have or have not another land plot (for running the private subsidiary farm, for individual housing construction, gardening or summer house construction).

To obtain a land parcel for private housing/summer house construction or for gardening and running private subsidiary farm, you need to attach to your application the following:

• your identity document,  both original and copy.
• abstract of ownership/non-ownership of land parcel for which the right was granted for the above purposes (such abstract is issued by the authorized body for land relations within 7 days);
• abstract of citizen’s ownership/non-ownership of real estate.

Obtaining a land parcel shall be occurring in the following sequence:

• submitting the application for being granted a land parcel;
• identifying the possibility of satisfying the application (preliminary selection of a land parcel);
• developing and approving the land use design;
• making decision by akim/akimat ( in the special economic zone – by local government agencies of the relevant locality or by administration of the special economic zone), within the scope of  their competence;
• establishing the boundaries of a land parcel in-situ;
• manufacture and issuance of documents that certify the right for the land parcel;
• state registration of the right to the land parcel (the most complete information on how to get the title to real estate registered).

Pursuant to clause 41 of chapter 4 of Land Code, a company may give a citizen the land parcel for long-term free use. This stems from the specifics of work; therefore there is a particular list of categories of employees who may get a land parcel. Moreover, in the event that an employee retires, he/she and his/her family reserves the right of land use, yet with no capability of making transactions with the parcel.

State-owned land parcels for agricultural purposes may be obtained by both citizens and legal entities on the basis of land use right or as a private property, but, alongside with that, such land parcels may not constitute any grants for doing business. Granting land parcels is exercised on a paid basis. The cost for each separate parcel shall be determined by a branch of ”Government for Citizens” Public Corporation. For more detail on obtainment of land for agricultural needs, please see the Article: “How to obtain land for running agriculture”

Basic rates of payment for land parcels use

It is worth taking into consideration that the payment rate for land parcels may be rather high. For instance, if a parcel is located in the proximity of Astana or Almaty, the rate will be twice higher. On the other hand, the payment may be lower depending on remoteness from district centers and towns/cities.

For running the family-operated farms, the land parcels are granted to citizens of the RoK  as a private property or based on the right of temporary payable land use for the term of up to 49 years, while for the distant-pasture cattle tending (seasonal pastures) on the right of temporary free land use in accordance with Land Code.

Preferences for obtainment of land parcels for family-operated farms shall be given to those citizens who will run business based on their personal labor participation and who possess special agricultural knowledge and skills, have practical experience in working in agriculture and live in this district, town, village, or township.

To run a family-operated farm, you need to have:

• the list of members of the farm signed by the head and members of su8ch farm;
• abstract of ownership/non-ownership of another land parcel;
• brief program for running a farming industry;
• documents certifying the farm head’s labor activity in farming industry.

If it is impossible to purchase a land parcel for farming activities, you may bid for lease of land parcels for running the farming industry. The procedure for bidding requires submitting your bid that should contain all the required documents.