Situation 1.
Limited Liability Partnership (LLP), subject of a small entrepreneurship, undertakes a trade and agency activity. Head of the LLP took a decision to apply to a local executive body in order to obtain a land plot. What data should contain a project of the decision of the local executive body?
Analysis of the situation.
According to the Art. 44 (7) of the Land Code of June 20, 2003 based on the last changes established by the Law of RoK of December 29, 2014 the project of the decision of the local executive body on the provision of a right to the land plot should contain:
- The legal entity name to which right to a land plot is provided;
- Designated use of a land plot, for the subjects of small entrepreneurship designated use for a land plot is stated as maintenance of buildings (constructions);
- Size of a land plot;
- Type of the right to a land plot, encumbrances, easements;
- Redemption price of a land plot or right to the land-use in case of the provision of a land plot for a fee, terms and conditions of conclusion of the purchase and sale agreement of the land plot;
- Data on the divisibility (indivisibility) of a land plot;
- Other conditions.
Situation 2.
LLP – subject of the small business intends to change the designated use of a land plot. What is the process for changing the designated use of a land plot?
Analysis of the Situation
According to the Art. 49-1 of the Land Code of RoK of June 20, 2003 in the light of the last changes established by the Law of RoK of December 19, 2014, the change of designated use of the land plot is done in the following order.
LLP, interested in changing of the designated use of a land plot makes an application to the local executive body at a place where a land plot is situated in writing or via web-portal electronic government or through public service center. Following data is indicated in the application:
- cadastral number of a land plot,
- designated use of a land plot,
- size of a land plot,
- number and date of the title and identification documents to a land plot.
Registration number is assigned to the application with the date of its acceptance. Applicant is provided with the notice confirming the application in which the date of obtaining of the decision regarding to the question of acceptance or refusal to change the designated use of a land plot. Application on the change of designated use of a land plot is considered in a term of up to thirty calendar days after the moment of its receipt.
Local executive body during one business day forwards this application to the authorized body of the region, city of republican status, capital, district, city of regional status or structural division of the relevant local executive body undertaking the functions in the sphere of architecture and urban planning according to their competence.
Authorized body during three business days from the date of the receipt of the application identifies a possibility to use a land plot according to the designated use and forwards it for approval to other interested state bodies and respective services.
These authorities during five working days provide relevant conclusion on the possibility to use a land plot according to the designated use, and, if necessary – about the technical conditions of connection to the utility system.
Further, an authorized body during three working days from the date of receipt of the conclusions prepares a proposal on the possibility of usage of a land plot according to the designated use which he forwards to the commission created by the local executive body from the number of deputies of the local representative body, representatives of the authorized body in the sphere of architecture and urban planning, National Chamber of Entrepreneurs of the Republic of Kazakhstan and organs of the local government (if available).
During five working days from the moment of the receipt by the commission of the proposal to change designated use of a land plot a commission gives a conclusion, which is drafted in two duplicates in the form of protocol decision.
In case of change of designated use of a land plot situated within the range of inhabited locality for the purposes of construction specialized state enterprise, keeping the state cadaster, drafts a land cadastral plan.
Based on the conclusion of the commission local executive body takes a decision on the change or refusal to change of the designated use of a land plot during five working days from the moment of a respective conclusion by the commission. When designated use of a land plot situated in the range of inhabited locality for the purposes of construction is changed a decision is taken during five business days from the moment of approval of the land cadastral plan.
Copy of the decision of the local executive body on the acceptance or refusal to change the designated use of a land plot is provided to the applicant during three working days after the date of taking the decision. In case when application is made in the form of electronic document via web-portal “electronic government” a decision in the form of electronic document is forwarded to the applicant no later than three business days after the date of taking the decision.
When designated use of a land plot is changed, the identification documents to a land plot are prepared in less than six business days.
Situation 3.
LLP – subject of small business intends to pledge land use rights to a land plot belonging to the state. Is it necessary in this case to obtain the approval of the proprietor of a land plot?
Analysis of the situation.
According to the Art. 79 of the Land Code of RoK of June 20, 2013 based on the last changes to the Law of RoK of December 29, 2014 the LLP may be a pledger in case when it has a temporary long-term land use right for a fee to a land plot. When such land plot is pledged it is not necessary to obtain approval of the proprietor of a land plot except for the cases of pledge of a land plot on which strategic objects are situated which is allowed on the approval of the Government of the Republic of Kazakhstan on terms and conditions established by the laws of the Republic of Kazakhstan.
Prepared by Partner,
Ospanova Gulnar
For the Magazine “Dosie” №2, 2015
