{"id":5073,"date":"2026-09-07T16:59:43","date_gmt":"2026-09-07T11:59:43","guid":{"rendered":"https:\/\/bondstonelaw.com\/?page_id=5073"},"modified":"2026-09-07T20:01:03","modified_gmt":"2026-09-07T15:01:03","slug":"foreign-land-ownership-in-kazakhstan","status":"publish","type":"page","link":"https:\/\/bondstonelaw.com\/ru\/foreign-land-ownership-in-kazakhstan\/","title":{"rendered":"Foreign Land Ownership in Kazakhstan"},"content":{"rendered":"

Foreign Land Ownership in Kazakhstan<\/span><\/p>\n

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REAL ESTATE & CONSTRUCTION \u00a0\u00b7\u00a0 LAND OWNERSHIP & INVESTMENT STRUCTURING<\/p>\n

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Foreign companies and individuals cannot own land in Kazakhstan as a matter of title.<\/strong> This restriction is established by Land Code No. 442-II ZRK, Article 23<\/strong>, which reserves land ownership to Kazakh citizens and Kazakh legal entities. However, foreign investors may hold long-term or temporary land use rights for up to 49 years, and may achieve effective land ownership indirectly by investing through a Kazakh subsidiary that holds title as a domestic entity.<\/p>\n

Bond Stone International Law Firm advises foreign investors on land access structures in Kazakhstan \u2014 from SPV formation and Akimat land allocation through KNB registration, land use right mortgage, and BIT protection analysis.<\/p>\n

Primary authority:<\/strong> Land Code No. 442-II ZRK (Arts. 23, 37, 48); Law on Investments No. 373 \u2014 adilet.zan.kz<\/a><\/p>\n

Sectors:<\/strong> Mining & Energy \u00a0\u00b7\u00a0 Agribusiness \u00a0\u00b7\u00a0 Industrial Development \u00a0\u00b7\u00a0 Hotel & Hospitality \u00a0\u00b7\u00a0 Foreign Direct Investment<\/p>\n


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The Land Ownership Restriction: What the Law Says<\/h2>\n

Land Code Article 23 establishes that land in Kazakhstan may be held as pravo sobstvennosti<\/em> (ownership title) only by Kazakh citizens and Kazakh legal entities. Foreign nationals, foreign legal entities, stateless persons, and international organisations are expressly excluded from land ownership title and are limited to land use<\/em> rights.<\/p>\n

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Standard Commercial Land<\/h3>\n

For commercial, industrial, and residential development land, foreign investors are restricted to use rights only \u2014 not ownership title. Long-term use rights of up to 49 years are available and provide substantial practical control: they are registrable, transferable (with consent), and mortgageable, making them a viable substitute for ownership in most commercial contexts.<\/p>\n<\/div>\n

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Agricultural Land<\/h3>\n

Agricultural land carries additional and stricter restrictions. Foreign nationals and foreign entities may not hold agricultural land even on a use-right basis without special government approval. For agribusiness investors, Bond Stone advises on the approved structures \u2014 typically a Kazakh operating entity with domestic land holding \u2014 and on the approval process where required.<\/p>\n<\/div>\n

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AIFC Territory<\/h3>\n

Within the physical AIFC territory at Expo, Astana, specific land arrangements operate under AIFC rules rather than the general Land Code regime. AIFC entities may occupy AIFC-territory premises under AIFC-governed arrangements. This is a narrow carve-out and does not affect the general Land Code restriction applicable to land elsewhere in Kazakhstan.<\/p>\n<\/div>\n

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Diplomatic Premises<\/h3>\n

Foreign states and intergovernmental organisations may hold diplomatic premises land under separate treaty arrangements. This exception is narrow, operates by bilateral treaty, and has no commercial application for private foreign investors.<\/p>\n<\/div>\n<\/div>\n


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Land Use Rights Available to Foreign Investors<\/h2>\n

The Land Code provides three primary use-right instruments that foreign investors may hold directly or through a Kazakh SPV. All three are registrable in the KNB registry and are enforceable against third parties upon registration. For a detailed treatment of the mechanics of obtaining and transferring these rights, see Land Use Rights in Kazakhstan \u2192<\/a><\/p>\n

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USE RIGHT TYPE 1<\/p>\n

Temporary Land Use Right<\/h3>\n

Pravo vremennogo pol’zovaniya<\/em>. Term: up to 49 years; granted by local Akimat for specified purposes (construction, industrial use, tourism). Used for shorter project cycles or where long-term right is not available. Transferable and mortgageable with Akimat consent.<\/p>\n<\/div>\n

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USE RIGHT TYPE 2<\/p>\n

Long-Term Land Use Right<\/h3>\n

Pravo dolgosrochnogo pol’zovaniya<\/em>. Term: 10\u201349 years; the preferred structure for commercial development projects. Freely transferable and mortgageable once registered in the KNB. Used extensively in hotel, industrial, and infrastructure projects by foreign investors operating through Kazakh SPVs.<\/p>\n<\/div>\n

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USE RIGHT TYPE 3<\/p>\n

Right to Build (Superficies)<\/h3>\n

Pravo zastroyki<\/em> \u2014 the superficies right. Permits construction on a plot held under a use right; building ownership is legally separate from land ownership. Commonly used for hotels, industrial facilities, and mixed-use developments where the investor constructs on state or municipal land without acquiring the underlying plot.<\/p>\n<\/div>\n<\/div>\n


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The SPV Structure: Achieving Effective Land Control<\/h2>\n

The most commercially effective route to land ownership for a foreign investor is through a Kazakh special purpose vehicle (SPV)<\/strong>. The Kazakh TOO (LLC) or AO (JSC) qualifies as a domestic legal entity for land ownership and local content purposes, and may hold land as owner while the foreign investor holds equity in the SPV.<\/p>\n

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Standard SPV: Foreign Investor \u2192 Kazakh TOO<\/h3>\n

The foreign investor holds 100% of a Kazakh TOO or AO. The TOO holds land as its asset. 100% foreign ownership of Kazakh entities is permitted without restriction in most sectors. The TOO qualifies for domestic land ownership and for local content compliance purposes. This is the baseline structure for the vast majority of foreign land investment in Kazakhstan.<\/p>\n<\/div>\n

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AIFC Holding Variant<\/h3>\n

Foreign investor \u2192 AIFC Private Company \u2192 Kazakh TOO \u2192 land. The AIFC layer provides an English common law contract layer for the shareholder agreement, AIFC Court access for shareholder disputes, and a recognised holding jurisdiction for project financing. This structure is particularly common for Chinese, Turkish, and Gulf investors familiar with common law holding frameworks.<\/p>\n<\/div>\n

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BIT Protection<\/h3>\n

Kazakhstan has bilateral investment treaties (BITs) with China, the UK, the UAE, Germany, South Korea, and most major investor-origin states. Most BIT definitions of “investment” encompass shares in a Kazakh legal entity, meaning a foreign investor holding a Kazakh SPV retains treaty protections \u2014 including arbitration rights \u2014 over the underlying land asset. Bond Stone reviews applicable BIT coverage as part of each land structuring instruction.<\/p>\n<\/div>\n

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Akimat Land Allocation<\/h3>\n

State-owned land is allocated by the local Akimat (municipal executive body) on application \u2014 by competitive tender or direct allocation depending on land category and location. The standard timeline for Akimat allocation is 30\u201360 days from a complete application; large or complex plots may require government land commission approval. Bond Stone manages the Akimat application process and advises on privatisation (transfer from state to entity ownership) where available.<\/p>\n<\/div>\n<\/div>\n

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Frequently Asked Questions \u2014 Foreign Land Ownership in Kazakhstan<\/h2>\n
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Can a foreign company own land in Kazakhstan?<\/h3>\n

No. Foreign companies and foreign nationals cannot hold land ownership title in Kazakhstan under Land Code No. 442-II ZRK, Article 23. Foreign investors may hold long-term or temporary land use rights for up to 49 years, and may achieve effective land control by investing through a Kazakh TOO or AO \u2014 a domestic legal entity that may hold land as owner. Bond Stone structures these arrangements to preserve applicable BIT protections and AIFC Court access.<\/p>\n<\/div>\n

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What is the maximum term for a land use right in Kazakhstan?<\/h3>\n

The maximum term for both temporary and long-term land use rights in Kazakhstan is 49 years. Agricultural land and certain protected categories carry shorter maximum terms and additional approval requirements. Long-term use rights of 10\u201349 years are freely transferable and mortgageable once registered in the KNB, making them the preferred instrument for commercial and industrial land access by foreign investors.<\/p>\n<\/div>\n

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Can land use rights be mortgaged in Kazakhstan?<\/h3>\n

Yes. Registered long-term land use rights in Kazakhstan may be pledged as mortgage security, making them financeable assets for project development. The mortgage must be registered in the Real Estate Rights Register (KNB) to be enforceable against third parties. This makes long-term land use rights a viable foundation for project finance structures, including those governed by AIFC law with AIFC Court dispute resolution.<\/p>\n<\/div>\n

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What is the best structure for a foreign investor acquiring land in Kazakhstan?<\/h3>\n

The most effective structure is a Kazakh TOO or AO wholly owned by the foreign investor \u2014 directly or through an AIFC holding company \u2014 that holds land as a domestic entity. The AIFC variant (foreign investor \u2192 AIFC Private Company \u2192 Kazakh TOO \u2192 land) provides an English-law shareholder agreement layer and AIFC Court access for disputes, while preserving investor treaty protection under applicable BITs. Bond Stone advises on SPV formation, Akimat land allocation, and KNB registration.<\/p>\n<\/div>\n

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Related Practice Areas<\/h2>\n
Real Estate & Construction \u2192<\/a>
\nInvestment in Kazakhstan \u2192<\/a>
\nAIFC Practice \u2192<\/a><\/div>\n<\/div>\n

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Discuss your Kazakhstan land investment structure<\/h2>\n

Contact Bond Stone for a confidential discussion about this matter.<\/p>\n

Request a Confidential Consultation<\/a><\/p>\n

Land Use Rights \u2192<\/a>
\nProperty Registration \u2192<\/a>
\nInvestment in Kazakhstan \u2192<\/a>
\nAIFC Practice \u2192<\/a><\/p>\n

Primary authority: adilet.zan.kz<\/a> \u2014 Land Code No. 442-II ZRK Arts. 23, 37, 48; Law on Investments No. 373<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Foreign Land Ownership in Kazakhstan REAL ESTATE & CONSTRUCTION \u00a0\u00b7\u00a0 LAND OWNERSHIP & INVESTMENT STRUCTURING Foreign companies and individuals cannot own land in Kazakhstan as a matter of title. This restriction is established by Land Code No. 442-II ZRK, Article 23, which reserves land ownership to Kazakh citizens and Kazakh legal entities. However, foreign investors […]<\/p>\n","protected":false},"author":4,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-5073","page","type-page","status-publish","hentry"],"translation":{"provider":"WPGlobus","version":"3.0.5","language":"ru","enabled_languages":["en","ru"],"languages":{"en":{"title":true,"content":true,"excerpt":false},"ru":{"title":false,"content":false,"excerpt":false}}},"_links":{"self":[{"href":"https:\/\/bondstonelaw.com\/ru\/wp-json\/wp\/v2\/pages\/5073","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bondstonelaw.com\/ru\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/bondstonelaw.com\/ru\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/bondstonelaw.com\/ru\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/bondstonelaw.com\/ru\/wp-json\/wp\/v2\/comments?post=5073"}],"version-history":[{"count":2,"href":"https:\/\/bondstonelaw.com\/ru\/wp-json\/wp\/v2\/pages\/5073\/revisions"}],"predecessor-version":[{"id":5091,"href":"https:\/\/bondstonelaw.com\/ru\/wp-json\/wp\/v2\/pages\/5073\/revisions\/5091"}],"wp:attachment":[{"href":"https:\/\/bondstonelaw.com\/ru\/wp-json\/wp\/v2\/media?parent=5073"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}