Last Change:
03/17/2026
Land Code of the Republic of Kazakhstan dated 20 June 2003 No.442-II
Year: 2003
Type: Domestic law
Rights Category: Housing, land & property
Description
The Land Code of the Republic of Kazakhstan dated June 20, 2003 No. 442-II regulates the legal basis of land use and land relations. It categorizes the land and determines the legal regime of its use, depending on the purpose. The Code establishes the forms and grounds of ownership and land use rights, as well as duties and restrictions for land users. It provides rules for the transfer of land from one category to another, mechanisms for the seizure of land for state needs and compensation. The Code also regulates the State land cadastre, land protection and control over compliance with land legislation.
Selected provisions
Breach of land legislation of the Republic of Kazakhstan shall entail liability in
accordance with the Laws of the Republic of Kazakhstan.
Footnote. Article 168 is in the wording of the Law of the Republic of Kazakhstan dated 6
July 2007 № 279.
1. The owner of land plot and land user shall have the right to vindicate his land plot from
the other unlawful possession.
2. The vindication of land plot from among the lands, which are in the state ownership,
occupied without permission and not granted in land use, shall be performed by the local
executive bodies at location of the land plot.
Illegal owner shall be obliged to vacate the willfully occupied land plot, within thirty
calendar days from the moment of taking corrective measures, provided by the legislation of
the Republic of Kazakhstan on administrative infractions, and shall perform the demolition of
building constructed (set) on this land, willfully or on his account, with the exception of cases
, provided by the civil legislation of the Republic of Kazakhstan.
The disputes linked with breach of duty on vacation of the willfully occupied land plot
and demolition of building constructed (set) on this land by the illegal possessor shall be
settled in a judicial proceeding.
In case, if the unauthorized construction is transferred into communal ownership, the
person who performed it shall be covered by expenses for construction, in amount,
determined by the court.
If it is impossible to establish the identity (data) of the illegal owner of a land plot, the
authorized body of a city of republican significance, the capital, district, city of regional
significance, where such a land plot was found, shall send an application to the State
Corporation for registering it as an ownerless real estate item.
The local executive body of the city of republican significance, the capital, district, city of
oblast subordinance, in the territory of which the land plot was exposed shall go to the court
with demand on recognition of ownerless immovable object as submitted in the state
ownership, upon expiry of a year from the date of registration as ownerless immovable object.
Footnote. Chapter 20 is supplemented by Article 164-1 by the Law of the Republic of
Kazakhstan dated 06.07.2007 № 279; as amended by the Law of the Republic of Kazakhstan
dated 20.07.2011 № 464-IV (shall be enforced upon expiry of ten calendar days after its first
official publication); № 156-VI as of 24.05.2018 (shall take effect ten calendar days after its
first official publication).
1. Land plots in the state ownership may be granted to the private ownership for citizens
and non-state legal entities, with the exception of the land plots which in accordance with this
Code may not be in the private ownership.
1-1. Land plots located in the frontier zone of the State Border of the Republic of
Kazakhstan are not provided into private ownership or for temporary land use.
The population is allowed to use agricultural land located within the frontier zone of the
State Border of the Republic of Kazakhstan for grazing farm animals of own farmsteads and
haymaking without the right to erect any buildings (constructions, structures).
2. Private ownership of the citizens of the Republic of Kazakhstan may include the land
plots for management of peasant or agrarian economy, personal subsidiary husbandry, forest
planting, gardening, personal housing and suburban construction management, as well as
granted for building construction or built-up by production and non-production, including
residential buildings (constructions, installations) and their complexes, including lands
intended for janitorial service (constructions, installations) in accordance with their purposes.
On termination of the citizenship of the Republic of Kazakhstan from a person who is the
owner of a land plot provided for running a peasant or farm enterprise, personal subsidiary
farming, afforestation, gardening and summer cottage construction, the right of ownership is
subject to alienation or re-registration in accordance with the norms of Article 66 of this Code
unless otherwise provided by this Code.
3. Non-state legal entities of the Republic of Kazakhstan may own land plots (to be)
provided for agricultural production, afforestation, for development or having production and
non-production buildings (constructions, structures), including residential ones, and their
complexes, including lands intended for the maintenance of buildings (constructions,
structures) in accordance with their intended use.
4. Foreigners, stateless persons and foreign legal entities (non-state ones) may own land
plots for the purposes specified in paragraph 3 of this article, except for lands intended for
agricultural production and afforestation.
Land plots located in the frontier zone of the State Border of the Republic of Kazakhstan
may not be owned by foreigners, stateless persons, citizens of the Republic of Kazakhstan
who are married to (are spouses of) foreigners or stateless persons, and also to foreign legal
entities and legal entities of the Republic Kazakhstan with foreign participation.
When citizens of the Republic of Kazakhstan marry (become spouses of) foreigners or
stateless persons, their right of ownership of land plots located in the frontier zone and
frontier region of the State Border of the Republic of Kazakhstan shall be re-registered or
alienated in accordance with the provisions of Article 66 of this Code.
When a foreigner or a stateless person, a foreign legal entity, a legal entity of the Republic
of Kazakhstan with foreign participation is included in the composition of participants (
shareholders, members) of a legal entity of the Republic of Kazakhstan, the right of
ownership of land plots located in the border zone and the border strip of the State Border of
the Republic of Kazakhstan is subject to re-registration or alienation in accordance with the
norms of Article 66 of this Code.
Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated
20.07.2011 № 464-IV (shall be enforced upon expiry of ten calendar days after its first
official publication); № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its
first official publication); dated 28.10.2019 № 268-VI (shall be enforced upon expiry of ten
calendar days after the day of its first official publication); dated 13.05.2021 № 39-VII (shall
come into effect upon the expiration of ten calendar days after the day of its first official
publication); dated 30.06.2021 № 59-VII (shall come into effect from 01.01.2022).
Part one of paragraph 1 is provided in the version of the Law of the Republic of
Kazakhstan dated 02.11.2015 № 389-V (suspended until 31.12.2026).
This version of the first part of paragraph 1 is valid until 31.12.2026 in accordance with
the Law of the Republic of Kazakhstan dated 30.06.2016 № 5-VI (shall be enforced from the
date of its first official publication).
1. Agricultural land plots owned by the state may be provided to citizens and legal entities
of the Republic of Kazakhstan without foreign participation on the basis of the land use right
in the manner and subject to conditions established by this Code.
Agricultural land plots may not be provided into private ownership as state land grants for
agricultural production.
Foreigners, stateless persons, foreign legal entities, legal entities of the Republic of
Kazakhstan with foreign participation, international organizations, scientific centres with
international participation, as well as kandas may not own agricultural land plots as private
property or on the grounds of land use rights.
When a foreigner or a stateless person, a foreign legal entity, a legal entity of the Republic
of Kazakhstan with foreign participation becomes a member of the participants (shareholders,
members) of a legal entity of the Republic of Kazakhstan, the right of private ownership, as
well as the right of temporary land use to agricultural land plots, shall be subject to alienation
in accordance with the norms of Article 66 of this Code.
Upon termination of the citizenship of the Republic of Kazakhstan from a person who is a
participant (shareholder, member) of a legal entity of the Republic of Kazakhstan, the right of
private property, as well as the right of temporary land use to agricultural land plots, shall be
subject to alienation in accordance with the norms of Article 66 of this Code.
It shall be prohibited to provide agricultural land plots in private ownership and on the
right of land use to citizens of the Republic of Kazakhstan who are married (in matrimony) to
foreigners or stateless persons.
When entering into a marriage (matrimony) between citizens of the Republic of
Kazakhstan with foreigners or stateless persons, the right of private ownership or land use to
agricultural land plots is subject to alienation in accordance with the norms of Article 66 of
this Code.
Paragraph 2 is provided for in the version of the Law of the Republic of Kazakhstan dated
02.11.2015 № 389-V (suspended until 31.12.2026).
Paragraph 2 is suspended until 31.12.2026 in accordance with Law of the Republic of
Kazakhstan № 5-VI as of 30.06.2016 (shall take effect on the day of its first official
publication).
2. The right to private ownership of an agricultural land plot is granted on a fee basis.
Citizens and non-state legal entities interested in obtaining the right to private ownership
of a land plot (land plots) for running a peasant or farm enterprise, agricultural production and
afforestation can:
1) acquire the right to private ownership of a land plot at a price equal to the cadastral (
appraised) value of the land plot, determined in accordance with Articles 10 and 11 of this
Code;
2) acquire the right to private ownership of a land plot at a preferential price determined
on the basis of its cadastral (appraised) value.
In this case, the size of the preferential price for land plots in administrative-territorial
units is established by the Government of the Republic of Kazakhstan.
Those citizens and non-state legal entities of the Republic of Kazakhstan, who bought
permanent land use right (long-term land use right) to a land plot for running a peasant or
farm enterprise and agricultural production from the state in accordance with the legislation of
the Republic of Kazakhstan in force at the time of the transactions, immediately after this
Code’s enactment become land plot owners without being charged an additional fee to
acquire the private property right within the norms of land plots established by this Code.
The indicated persons enjoy the private property right to a land plot in the manner
prescribed by paragraph 3 of this article.
Paragraph 3 is suspended until 31.12.2026 in accordance with Law of the Republic of
Kazakhstan № 5-VI as of 30.06.2016 (shall take effect on the day of its first official
publication).
3. A person who fully paid for the acquisition of the private property right to a land plot in
accordance with:
subparagraph 1) of paragraph 2 of this article, has the right to carry out all types of
transactions for a land plot not prohibited by the legislation of the Republic of Kazakhstan;
subparagraph 2) of paragraph 2 of this article, has the right to carry out all types of
transactions for a land plot not prohibited by the legislation of the Republic of Kazakhstan,
upon expiration of the term of restriction on transactions for a land plot purchased at a
preferential price, which is two years for every ten percent reduction in cadastral (appraised)
value of the land. This restriction does not apply to the pledge of a land plot.
Paragraph 4 is suspended until 31.12.2026 in accordance with Law of the Republic of
Kazakhstan № 5-VI as of 30.06.2016 (shall take effect on the day of its first official
publication).
4. The amounts for the acquisition of land plots, specified in paragraph 2 of this article,
may be paid in installments in accordance with the procedure established by Article 49 of this
Code.
5. On termination of citizenship of the Republic of Kazakhstan from a person who is the
owner of an agricultural land plot, within three months from the moment of termination of
citizenship, the land plot shall be alienated or, with the consent of the local executive body,
returned to state ownership with payment of the price of the land plot paid for this plot when
purchasing from the state (owner).
6. Agricultural land plots located within the border zone of the State Border of the
Republic of Kazakhstan shall be provided on the right of temporary land use to citizens of the
Republic of Kazakhstan unless otherwise provided by this Code, and to legal entities of the
Republic of Kazakhstan without foreign participation.
7. The norms of paragraph 1 of this Article shall also apply to land plots provided (being
provided) for afforestation.
Footnote. Article 24 as amended by the Laws of the Republic of Kazakhstan dated
06.06.2007 № 279; dated 20.07.2011 № 464-IV (shall be enforced upon expiry of ten
calendar days after its first official publication); № 269-V as of 29.12.2014 (shall take effect
on 01.01.2015); № 5-VI as of 30.06.2016 (shall take effect on the day of its first official
publication); № 151-VI as of 04.05.2018 (shall take effect ten calendar days after its first
official publication); dated 28.10.2019 № 268-VI (shall be enforced upon expiry of ten
calendar days after the day of its first official publication); dated 13.05.2021 № 39-VII (shall
come into effect upon the expiration of ten calendar days after the day of its first official
publication); dated 30.06.2021 № 59-VII (shall come into effect from 01.01.2022).