Land Use Rights in Kazakhstan

TYPE 1

Temporary Land Use Right

Pravo vremennogo pol’zovaniya. Granted for a specified term up to 49 years. Used for shorter project cycles, exploration licences, and situations where a long-term right is unavailable. Transferable and sublettable with Akimat consent for state land.

Max term: 49 years  |  Mortgageable: Yes (registered)

TYPE 2

Long-Term Land Use Right

Pravo dolgosrochnogo pol’zovaniya. Term: 10–49 years. The preferred instrument for commercial and industrial development. Freely transferable; mortgageable; the standard security instrument for project finance in Kazakhstan. More commercially flexible than the temporary right.

Term: 10–49 years  |  Mortgageable: Yes  |  Preferred for: commercial development

TYPE 3

Right to Build (Superficies)

Pravo zastroyki. Permits construction on a plot held under a use right; building ownership is separate from land ownership. Common for hotels, factories, and infrastructure built on state land. The building may be sold or mortgaged independently of the underlying land use right.

Building separate from land: Yes  |  Used for: construction on state/municipal land

TYPE 4

Gratuitous Land Use Right

Pravo bezvozmezdnogo pol’zovaniya. Available to state enterprises, public organisations, and in certain SEZ contexts. Not available to commercial foreign investors in standard circumstances but relevant as a comparison and in public-private partnership structures.

Available to foreign investors: Rarely — SEZ and PPP contexts only

Application

Submit to the Akimat land committee: entity registration documents, project description, proposed land use purpose, cadastral data for the requested plot. For competitive tender, submit bid documentation per the tender terms. Standard timeline: 30–60 days from a complete application.

Akimat Decision

The Akimat land commission reviews the application and issues an allocation decision. Large or strategically significant plots may be referred to the regional governor’s office or, in some cases, a government land commission. Bond Stone manages the application and commission engagement process, including site visit coordination.

KNB Registration

Once the Akimat decision is issued, the land use right must be registered in the Real Estate Rights Register (KNB) to be enforceable against third parties. Registration follows the standard GCC procedure — see Property Registration in Kazakhstan → Bond Stone manages the KNB registration step.

Transfer and Assignment

A registered land use right may be transferred to a third party with Akimat consent where the land is state-owned. Privately allocated land use rights (granted by a private landowner) are transferable under the terms of the underlying agreement. Transfer must be registered in the KNB to be effective against third parties. Bond Stone drafts assignment agreements and manages the Akimat consent process.

Subletting

A land use right holder may sublet the land plot to a sub-lessee — again, with Akimat consent for state land. The sub-lease term may not exceed the remaining term of the primary use right. Sub-lease registration is required for terms exceeding one year. This mechanism is frequently used in industrial park and logistics hub structures.

Mortgage Security

A registered long-term land use right may be pledged as mortgage security under the Law on Mortgage of Immovable Property No. 2723. The mortgage is registered in the KNB alongside the use right. Lenders — including banks operating under AIFC law — regularly accept registered Kazakhstan land use rights as security for project finance. Bond Stone structures the mortgage instrument and manages KNB registration.

Termination & Investor Protection

The Akimat may cancel a land use right only on grounds expressly prescribed by the Land Code — including material breach of permitted use conditions, non-payment of land tax, or public interest grounds. Unlawful cancellation may be challenged before the Kazakhstan courts; compensation may be claimed. Foreign investors with applicable BIT coverage may access international arbitration for expropriation-equivalent measures.

Khorgos Eastern Gate

China-Kazakhstan border SEZ. Land use rights available to SEZ participants for logistics, warehousing, and light manufacturing. Strong pull for Chinese investors given proximity to Chinese rail and road networks. VAT exemption on goods handled within the zone; customs facilitation for cross-border transit.

Ontustik (South Kazakhstan)

Textile and light manufacturing SEZ near Shymkent. Land use rights for participants with CIT reduction and customs exemptions. Relevant for Turkish and Chinese textile and apparel investors entering the Kazakh and CIS market.

Pavlodar & Other Industrial SEZs

Heavy industry, petrochemical, and metal processing SEZs in northern Kazakhstan. Land use rights available for industrial facilities; property tax exemption during initial operating period. Bond Stone advises on SEZ participant applications and land use right procurement for industrial investors.