Land Code Revised and Updated

CODE No. 442 of 20th JUNE 2003 OF THE REPUBLIC OF KAZAKHSTAN 

THE LAND CODE OF THE REPUBLIC OF KAZAKHSTAN 

AMENDMENTS AND ADDITIONS INTRODUCED BY: 
 1 )  Law No. 48 of 4th May 2005  of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Investments.  (Articles:  9, 12).  Effective 11, May 2005;  
 2 )  Law No. 116 of 10th January 2006 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Division of Duties Between the Levels of the State Administration.  (Articles: 2, 8, 9, 10, 11, 12, 14 replaced, 14-1 introduced, 15, 16, 17, 18, 19, 32, 37, 38, 43, 44, 45, 47, 69, 71, 79, 94, 97, 98, 99, 103, 105, 106, 115, 131, 145, 146, 149, 150, 152, 153 replaced, 155, 158, 163, 170).  Effective January 1, 2006;  
 3 )  Law No. 125 of 31st January 2006 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Entrepreneurship.  (Articles:  13, 43, 44, 145 replaced).  Effective date n/a;  
 4 )  Law No. 147 of 22nd June 2006 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Enforcement Procedures.  (Article  95).  Effective date n/a;  
 5 )  Law No. 158 of 5th July 2006 of the Republic of Kazakhstan.  Concerning the Introduction of Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of the Amnesty in Relation to Legalisation of Property.  (Article 43).  Effective until the 1st April 2007;  
 6 )  Law No. 162 of 5th July 2006 of the Republic of Kazakhstan.  Concerning the Introduction of Additions to the Land Code of the Republic of Kazakhstan.  (Articles:  9, 13).  Effective date n/a; and
 7 )  Law No. 176 of 7th July 2006 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Especially-Protected Natural Territories and Forestry.  (Articles:  39, 105, 122, 123 repealed, 128).  Effective date n/a;
 8 )  Law No. 213 of 9th January 2007 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Ecological Issues.  (Articles:  6, 42, 65, 133, 145).  Effective date n/a;  
 9 )  Law No. 222 of 12th January 2007 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Licensing.  (Article 150).  Effective August, 2007;  
 10 )  Law No. 275 of 6th July 2007 of the Republic of Kazakhstan.  Concerning the Introduction of Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Activities of Special Economic Zones.  (Articles:  19-1 introduced, 32, 43).  Effective date n/a;   
 11 )  Law No. 276 of 6th July 2007 of the Republic of Kazakhstan.  Concerning the Introduction of Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Migration.  (Articles: 12, 46, 100).  Effective date n/a;  
 12 )  Law No. 279 of 6th July 2007 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to the Land Code of the Republic of Kazakhstan.  (2, 9, 10, 12 replaced, 13, 14, 14-1, 15, 16, 17, 18, 19, 23, 24, 27, 32, 33, 34, 37, 43, 44, 45, 46, 47, 48, 49-1 introduced, 50, 52, 64, 69, 77, 79, 81, 82, 84 replaced, 85, 86, 87, 88, 89, 90, 92, 93 replaced, 94, 97, 99, 100, 101, 107, 109, 110, 123, 125, 138 replaced, 143, 145, 148, 164, 164-1 introduced, 165, 166, 168 replaced, 170).  Effective date n/a;
 13 )  Law No. 297 of 21st July 2007 of the Republic of Kazakhstan.  Concerning the Introduction of Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Developing the Capital City of the Republic of Kazakhstan.  (Articles: 14, 14-1, 16, 92, 109).  Effective date n/a;  
 14 )  Law No. 307 of 21st July 2007 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Using Historic Cultural Heritage.  (Articles: 65, 127 ).  Effective n/a;  
 15 )  Law No. 311 of 26th July 2007 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Improving State Registration of Real Estate Rights and Transactions Therein.  (Articles:  12, 14-1, 43, 47, 49, 49-1, 51, 52, 79, 80, 148, 152, 153, 170).  Effective date n/a;  
 16 )   Law No. 320 of 27th July 2007 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Education.  (Articles:  105, 107).  Effective date n/a; and
 17 )  Law No. 11 of 19th December 2007 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of the State Boundary of the Republic of Kazakhstan.  (Article 120).  Effective date n/a;  
 18 )  Law No. 34 of 26th May 2008 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Prevention and Liquidation of Emergency Situations.  (Article 14).  Effective date n/a;  
 19)  Law No. 66 of 5th July 2008 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Concessions.  (Articles: 36, 114).  Effective date n/a;  
 20)  Law No. 94 of 1st December 2008 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Especially-Protected Natural Territories. (Articles 13, 122).  Effective date n/a;  
 21) Law No. 101 of 10th December 2008 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Taxation.  (Article:  43).  Effective January 1, 2009;
 22)  Law No. 135 of 13th February 2009 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Functioning of the National Prosperity Foundation and Recognition as Invalid of the Law of the Republic of Kazakhstan “Concerning the Investment Foundation of Kazakhstan”.  (Articles:  9, 16, 48 replaced).  Effective date n/a;
 23)  Law No. 166 of 4th July 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Promotion of the Use of Renewable Energy Sources. (Articles: 16, 26, 119, 136). Effective date n/a;
 24) Law No. 180-IV of 10th July 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Matters of Observing Water Control and Ecological Discipline in Urban planning, Allocation of Land Plots, Designing, and Construction. (Articles: 32, 43, 44, 49-1, 50, 97, 121, 132, 134, 136-1 introduced). Effective date n/a;
 25)  Law No. 183 of 11th  July 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Matters of Share Participation in Housing Construction. (Article 32);
 26)  Law No.  188 of 17th July 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Private Business. (Articles 14, 145). Effective date n/a;   
 27)  Law No. 190 of 24th July 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Matters of Veterinary. (Article 104). Effective date n/a.
 28)  Law No. 258 of 19th  March 2010 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Statistics and Taxation. (Articles: 12, 14, 148). Effective date n/a; 
 29)  Law No. 369 of 28th December 2010 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Transport. (Article 115 replaced). Effective date n/a;  
 30)  Law No. 378 of 6th January 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Control and Supervision. (Articles 14, 145). Effective date n/a; and
 31)  Law No. 414-IV of 1st March, 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Property. (Articles:  12, 14, 14-1, 15, 44, 81, 82, 84 replaced, 85 replaced, 86 replaced, 87 replaced, 88 replaced, 96 replaced, 122, 123, 125, 133, 165, 166). Effective date n/a
 32)  Law No. 420-IV of 24th March, 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Activities of Peasant or Farm Enterprises. (Articles:  9, 10, 12, 19-1, 33, 35, 37, 43, 46, 97, 101). Effective date n/a;
 33)  Law No. 421 of 25th March 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of Civil legislation. (Articles: 79, 80, 155). Effective date n/a;
 34)  Law No. 452 of 5th July 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Revision of the Competence of Authorised State Bodies and of the Government of the Republic of Kazakhstan to Pass Regulatory Legal Acts establishing Requirements to Audited Entities. (Articles:  15, 16, 17, 18). Effective date n/a;  
 35)  Law No. 461 of 15th July 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of the Permissive System. (Articles: 10, 14, 14-1, 43, 44, 150, 158). Effective date n/a; and
 36)  Law No. 464 of 20th July 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Regulation of Land Relations.(Articles : 2, 8, 9, 10, 11, 12, 13, 14, 14-1, 15, 16, 17, 18, 19, 23, 24, 26, 32, 33, 35, 37, 38, 43, 44, 46, 47, 48, 49 replaced, 49-1, 49-2 introduced, 50, 64, 66, 69, 71, 79, 92 replaced, 93 replaced, 94, 97, 98, 99, 101, 103, 106, 107, 109, 110, 113, 122, 123, 124, 135, 136-1, 145, 146, 148, 149, 150, 152, 156, 161, 164-1, Heading of Chapter 21, Article 170 repealed). Effective date n/a;  
 37)  Law No. 470 of 21st July 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Special Economic Zones. (Articles: 19-1 repealed, 32, 33, 43 replaced, 48). Effective April 1, 2012;  
 38)  Law No. 529 of 6th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Cosmic Activity. (Article 1, Heading of Chapter 12, Articles: 111, 119-1 introduced, 121). Effective date n/a;  
 39)  Law No. 533 of 9th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Gas and Gas Supply. (Articles: 69, 113, 121). Effective date n/a;  
 40)  Law No. 535 of 9th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Promotion of Industrial Innovation Activity. (Articles: 14-1, 16, 48). Effective date n/a;
 41)  Law No. 548 of 25th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Forestry, Fauna and Especially Protected Natural Territories. (Articles: 12, 13, 26, 41, 43, 48, 49-1, 90, 107, 122, 123, 126, 128, 129, 134, 135, 136-1, 138, 155). Effective date n/a;  
 42)  Law No. 553 of 13th February 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Special State Bodies of the Republic of Kazakhstan. (Articles: 1, 13, 26, 33, 84, 105, 107. Heading of Chapter 12, Articles: 120, 121). Effective date n/a;  
 43)  Law No. 556 of 15th February 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Probation Service. (Article 121). Effective date n/a;  
 44)  Law No. 15 of 27th April 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Exclusion of Conflicts, Gaps, Collisions Between Rules of Law of Various Legislative Acts and Rules Favouring the Commission of Corruption Violations. (Article 52). Effective date n/a;  
 45)  Law No. 21 of 22nd June 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Main Pipelines and Taxation. (Articles: 52, 69, 118 replaced). Effective date n/a;  
 46)  Law No. 34-V of 10th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Matters of State Monopoly. (Articles: 152 and 153 replaced). Effective date n/a;  
 47)  Law No. 36 of 10th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Reduction of Permissive Documents and Optimisation of Controlling and Supervisory Functions of the State Bodies. (Articles: 9, 14, 44, 49-1, 150). Effective date n/a;  
 48)  Law No. 60 of 24th December 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Registration of Legal Entities and Accounting Registration of Affiliates and Representations. (Article 47). Effective date n/a;
 49)  Law No. 64-V of 8th January 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Optimisation and Automation of Socially Important State Services. (Articles: 14-1, 43, 47 and 153). Effective January 1, 2013;  
 50)  Law No.  102 of 13th June 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Assignation of Powers Among State Administration Bodies. (Articles: 8, 14, 14-1, 16, 17 and 18). Effective date n/a;  
 51)  Law No.  121 of 3rd July 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to the Constitutional Law of the Republic of Kazakhstan and to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Exclusion of Contradictions, Gaps, Conflicts Between Rules of Law of Various Legislative Acts and Rules Favouring the Commission of Corruption Violations. (Articles: 9, 12, 15, 17, 19, 43, 44, 45, 47, 49-1, 69, 92, 94, 101, 108 and 163). Effective date n/a;  
 52)  Law No. 124-V of 3rd July 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legal Acts of the Republic of Kazakhstan on Issues of Bringing Them Into Line with the System of State Planning of the Republic of Kazakhstan. (Articles: 13, 14, 14-1, 15, 16, 17, 18, 48, 49-2, 84, 122, 142, 143, 149 and 151). Effective date n/a;  
 53)  Law No.126 of 4th of July 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Ensuring the Right to Housing for Orphan Children, Children Left Without Parental Care. (Article 92). Effective date n/a;
 54)  Law No. 128 of 4th of July 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Promotion of the Use of Renewable Energy Sources. (Article 90 replaced). Effective date n/a;  
 55)  Law No. 130 of 4th  July 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative acts of the Republic of Kazakhstan on Issues of the National Chamber of Entrepreneurs of the Republic of Kazakhstan. (Article 43). Effective date n/a;  
 56)  Law No. 165 of 17th January 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Agroindustrial Complex. (Articles: 65, 104 and 107). Effective date n/a; and
 57) Law No. 195 of 17th April 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Road Traffic. (Article 115). Effective date n/a.
 58) Law No. 208 of 10th June 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Innovative Cluster “Park of Innovative Technologies”. (Articles: 33, 48). Effective date n/a  
 59) Law No. 209 of 12th June 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Investment Climate Improvement. (Articles: 14-1, 16, 48). Effective date n/a
 60) Law No. 225 of 2nd  July 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Government. (Articles: 12, 14, 14-1, 43, 44, 44-1 introduced, 153, 171 introduced). Effective January 1, 2015.

1.  The land stock of the Republic of Kazakhstan, in accordance with its purpose and designation, shall be subdivided into the following categories:

1)  land of agricultural designation;

2)  land of populated areas (cities, settlements and rural populated areas);

 	3)  land of industry, transport, communications,  for the needs of cosmic activity,   defence , national security    and other non-agricultural designation;

4)  land of specially-protected natural territories, land of rehabilitation, recreation, historical and cultural designation;

5)  land of forestry;

6)  land of the water economy;

7)  land of reserve.

2.  The types of land specified in paragraph 1 of this Article shall be used in accordance with the designated purpose established for them.  The legal regime of those types of land shall be determined on the basis of their belonging to one or another category and the allowed type of the utilisation in accordance with the zoning of land (territory).

3.  The following zones shall be recognised in the territory of the Republic of Kazakhstan based on environmental conditions:

1)  forest-steppe zone;

2)  steppe zone;

3)  dry-steppe zone;

4)  semi-desert zone;

5)  desert zone;

6)  piedmont-desert-steppe zone;

7)  subtropical desert zone;

8)  subtropical-piedmont-desert zone;

9)  central-Asian montane zone;

10)  south-Siberian montane zone.

 	Recognition of land categories specified in Article 1 of this Code, as well as transfers of land from one category to another due to changes in their designation shall be carried out by  the Government of the Republic of Kazakhstan, local executive bodies of provinces   , cities of republic's subordination, capital city, districts, cities of province subordination   ,   within the bounds of their authority with regard to  allotment and withdrawal of land plots, in particular for state needs  , as established by this Code and other legislative acts of the Republic of Kazakhstan.

Land in the Republic of Kazakhstan shall be in the state ownership.  Land plots may also be in private ownership on the basis, conditions and within the restrictions established by this Code.

The land legislation of the Republic of Kazakhstan shall be based on the following principles:

1)  integrity, inviolability and inalienability of the territory of the Republic of Kazakhstan;

2)  maintenance of land as a natural resource, fundamental factor of lives and activities of the Republic of Kazakhstan people;

3)  protection and rational utilisation of land;

4)  ensuring the ecological security;

5)  purposeful utilisation of land;

6)  priority of land of agricultural designation;

7)  collection of information on the status of land and its availability;

8)  state support of measures associated with the utilisation and protection of land;

9)  prevention of damage to land or elimination of its consequences;

10)  changeability of land use.

The following shall be recognised as the objectives of the land legislation of the Republic of Kazakhstan:  establishing fundamentals, conditions and restrictions with regard to emergence, alteration and termination of the right of ownership of land plots and right of land use;  procedure for the exercise of rights and obligations of land plot owners and land users;  regulation of land relations for the purposes of ensuring rational utilisation and protection of land, recovery of land fertility, protection and improvement of the natural environment;  creation of conditions for equitable development of all forms of businesses;  protection of land-related rights of physical persons, legal entities and the state;  formation and development of the real estate market;  enforcement of laws in the sphere of land relations.

2.  Relations associated with utilisation and protection of subsoil, water, atmospheric air, forests and other vegetation, fauna, environmental items which have special ecological, scientific and cultural value, specially-protected natural territories, shall be regulated by special-purpose legislation of the Republic of Kazakhstan.

3.  The exercise by the entities in land relations of their rights must not cause harm to land as a natural resource and other environmental items, nor to the rights and legitimate interests of other persons.

4.  The property relations associated with ownership, utilisation and disposal of land plots, as well as those associated with commission of transactions in them, shall be regulated by the civil legislation of the Republic of Kazakhstan, unless it is otherwise specified by land , ecological  , forestry, water legislation of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan concerning subsoil, concerning flora and fauna, specially-protected natural territories.