Residents met with employees of the Almaty Land Relations Department.
A resident of Ulzhan in Almaty’s Alatau district, Bakchimal Kazbekova, addressed the problem of legalizing the land on which her private house is located. It turned out that the land of Kazbekova was transferred in 2013 on the rights of short-term retribution. The Land Commission made the decision because of the location of the site on the red line, near the water protection zone.
Today, a residential building (house) of Kazbekova has already legalized, but the land area of 6.5 acres is still in temporary lease. This creates great inconvenience to the owners.
«First we were given the right to rent for 2 years, then for 5 years. And now again we need to collect a pile of documents in order to apply for an extension of the lease,» says the elderly resident.
After listening to the appeal, Gauhar Zholdasbayeva, the chief specialist of the Almaty Land Relations Department, recommended to Kazbekova to write an application for an extension of the lease.
«You have a penalty, a penalty for non-payment of rent for 2018, you need to pay it. And again write a statement to the Land Commission. This is the legalization procedure. The fact is that the Land Commission has given you a positive decision to extend the lease in 2017, but you have overstayed it. It's been in effect for six months. Because you didn't apply in time, you need to reapply. Understand, according to building codes to issue a plot in the water protection rule is prohibited, it is possible only rent, for which you should pay monthly. If the owner uses the land as intended, there are no violations, corresponds to the General Plan of detailed planning and the house is built legally, there will be a positive conclusion of the Commission,» - said to the appeal Gauhar Zholdasbayeva.
It is worth noting that at one time the land for the construction of residential buildings in the Alatau district was taken by many owners of housebuildings. The right of temporary retribution can be short-term (up to 5 years) and long-term (5 to 49 years). Temporary land retribution (tenant) has the right to:
1) for crops and plantings of crops and other crops and plantations, agricultural and other products derived from the use of land and income from its sale;
2) self-management on the land, using it for purposes derived from the purpose of the land;
3) to use in due course (without the intention of subsequent transactions) for the needs of their farm available on the land of sand, clay, gravel and other common minerals, peat, plantations, surface and groundwater, as well as the exploitation of other useful properties of the land;
4) for damages in full in the seizure (buyout) of land for state needs;
5) to build on the right of ownership, economic management, operational management of residential, industrial, household and other buildings (buildings, structures) in accordance with the purpose of the land, taking into account the zoning of land;
6) to carry out irrigation, drainage and other reclamation works, to build ponds and other reservoirs in accordance with established construction, environmental, sanitary and other special requirements.
Citizens who have obtained the right to lease land from the state in long-term land use have the right to sell, donate, exchange the right of land use, as well as to lease land or in temporary gratuitous land use. The loan of the land user to the property entails the surrender to temporary land use for the same period and the land. Leased land can also be inherited.
However, if the plot belongs on the right of temporary short-term land use (up to 5 years), it is not allowed to sell, donate, exchange the right of land use, as well as to lease such land. This also applies to land granted on temporary land use rights for peasant (farm) farming and commercial agricultural production (but these plots can be secured). The ban on various transactions also applies to public lands provided for defense, forest fund, protected natural areas of health, recreational and historical-cultural purposes, official land, land of the water fund (according to article 33).
The tenant, who has properly performed his duties, has the right, unless otherwise established by the legislation of the Republic of Kazakhstan or the contract, after the expiry of the contract for the conclusion of the contract for a new term. In this case, the tenant is obliged to notify the landlord in writing of the intention to conclude a new contract within the time specified in the contract; if the contract does not specify such a period, then within three months before the expiration of the contract.
