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

According to subitem 16-5) of Item 1 of Article 14 of the Land code of the Republic of Kazakhstan 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.

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 (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. Provision of the parcels of land for individual housing construction within the city of republican value, the capital, the cities of regional and district value 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 (or their replacing scheme of development and building of settlements numbering up to five thousand people), and also in the absence of engineering networks is not allowed.

Provision of the parcels of land for individual housing construction within the settlement, the village 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).

3. The parcels of land, the parcels of land except for included in the list offered for sale at the biddings (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.

4. Provision of the parcels 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

5. For receipt of the parcel of land from lands of the settlement, villages for individual housing construction citizens of the Republic of Kazakhstan file documents according to the Rules of rendering the state services "Provision of the Parcel of Land from Lands of the Settlement, Villages" 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) (further - the order No. 301).

For receipt of the parcel of land from lands within the city of republican value, the capital, the city of regional and district value for individual housing construction citizens of the Republic of Kazakhstan file documents according to the Rules of rendering the state services "Acquisition of Rights the Parcel of Land within the City of Republican Value, the Capital, the Cities of Regional and District Value" approved by the order No. 301.

6. Provision of the parcels of land for individual housing construction is allowed on the platforms provided with networks water - and electric utility services.

In settlements where there is no centralized water supply, provision of such parcels of land is allowed only in the presence of electric utility power grids.

In case of purchase of the parcels of land for individual housing construction of the statement (petition) of citizens undertake on special accounting and are satisfied in process of preparation of platforms for branch or in the presence of the free territories used for individual housing construction.

7. Special accounting is performed by maintaining by local executive bodies the city of republican value, the capital, the area, the city of regional value, district value, akims of settlements, villages, rural districts (further - MIO) in electronic format of the list of priority on receipt of the parcel of land for individual housing construction (further - the list of people on the waiting list).

The list of people on the waiting list is created in the automated MIO workplace by integration of its data into information system of the single State Immovable Property Cadastre (further - IS EGKN) in process of statement of statements (petitions) of citizens on special accounting.

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