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I.O.'S ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of March 27, 2015 No. 255

About approval of Rules of provision of the rights to the parcels of land under individual housing construction

(as amended of the Order of the Minister of Agriculture of the Republic of Kazakhstan of 19.01.2021 No. 15)

According to subitem 16-5) of Item 1 of Article 14 of the Land code of the Republic of Kazakhstan of June 20, 2003 I ORDER:

1. Approve the enclosed Rules of provision of the rights to the parcels of land under individual housing construction.

2. To provide to committee on cases of construction, housing and communal services and management of land resources of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Acting minister 

M. Kusainov

Approved by the Order of the acting minister of national economy of the Republic of Kazakhstan of March 27, 2015 No. 255

Rules of provision of the rights to the parcels of land under individual housing construction

Chapter 1. General provisions

1. These rules of provision of the rights to the parcels of land under individual housing construction (further - Rules) are developed according to subitem 16-5) of Item 1 of Article 14 of the Land code of the Republic of Kazakhstan of June 20, 2003 (further - the Code) and determine procedure for provision of the rights to the parcels of land under individual housing construction to citizens of the Republic of Kazakhstan.

2. Within borders of settlements on the platforms intended for branch under individual housing construction, the parcel of land under individual housing construction is provided according to their master plans, site plannings and buildings and projects of the land and economic device of the territory, and in settlements numbering up to five thousand people - in the absence of the master plans approved in accordance with the established procedure according to the simplified scheme of the master plan of development and building of this settlement or the town-planning documentation approved in accordance with the established procedure.

3. Provision of the parcels of land for individual housing construction without availability of drafts of the detailed layout or master plans of settlements with settlement population over twenty thousand people and master plans combined with the draft of the detailed layout, with population to twenty thousand people is not allowed (or their replacing scheme of development and building of settlements numbering up to five thousand people).

4. The parcels of land, the parcels of land except for included in the list offered for sale at the biddings (tenders, auctions) according to Item 1 of article 48 of the Code under individual housing construction are provided to citizens of the Republic of Kazakhstan free of charge in private property in the amount of hectare 0,10.

Repeated free provision of the parcels of land for the specified purpose is not allowed, except for the case specified in item 4 of article 94 of the Code.

5. Provision of the parcel of land free of charge in private property is made for individual housing construction after development of the parcels of land. Provision of the parcels of land for development is made for individual housing construction on the right of temporary paid land use (lease) with establishment of conditions and terms of development of such parcels of land according to article 92 of the Code.

In the presence of free lands in the territory of rural settlements the parcels of land for individual housing construction are provided by single array within regulations of the parcels of land provided for individual housing construction.

Chapter 2. Procedure for provision of the rights to the parcel of land for individual housing construction

6. For receipt of the parcel of land for individual housing construction citizens of the Republic of Kazakhstan submit the application according to the Rules of rendering the state service "Provision of the Parcel of Land for Asset Construction within the Settlement" approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of October 1, 2020 No. 301 "About approval of Rules on rendering the state services in the field of land relations" (it is registered in the Register of state registration of regulatory legal acts No. 21366).

7. Local executive body of area, city of republican value, the capital, area, city of regional value, the akim of the city of district value, the settlement, village, rural district within one working day directs the arrived application for provision of the right to the parcel of land to the structural division of the relevant local executive body performing functions in the field of architecture and town planning in the location of the parcel of land.

8. The structural division of local executive body performing functions in the field of architecture and town planning within seven working days according to the approved town-planning documents prepares the act of the choice of the parcel of land with its situational scheme, architectural and planning task, the questionnaire for receipt of specifications, topography and sends them for approval to at the same time all interested state bodies, the relevant services, subjects of natural monopolies, the Government for Citizens State corporation (further - the State corporation) keeping the state land cadastre by means of information systems of state bodies or on papers in case of absence at the approving bodies of these systems.

In the act of the choice of the parcel of land the existing engineering communications are specified, and transfer of engineering communications for borders of the provided parcel of land is in case of need provided.

9. The interested state bodies, the relevant services, subjects of natural monopolies, the State corporation within twelve working days represent the corresponding conclusion about possibility of provision of the parcel of land for individual housing construction.

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