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On the Approval of the Rules for Temporary Use of Reserve Territories

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On the Approval of the Rules for Temporary Use of Reserve Territories

Resolution No. 361 of the Government of the Republic of Kazakhstan dated May 4, 2026.

 In accordance with paragraph 4 of Article 92 of the Construction Code of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan RESOLVES:

     1. To approve the attached Rules for Temporary Use of Reserve Territories.

     2. This resolution shall come into force on July 1, 2026, and shall be subject to official publication.

 

Prime Minister of the Republic of Kazakhstan

O. Bektenov

 

 

 

Approved by Resolution No. 361 of the Government of the Republic of Kazakhstan dated May 4, 2026

 

Rules for Temporary Use of Reserve Territories

Chapter 1. General Provisions

1. These Rules for Temporary Use of Reserve Territories (hereinafter referred to as the Rules) have been developed in accordance with paragraph 4 of Article 92 of the Construction Code of the Republic of Kazakhstan, state regulatory documents, and define the procedure for temporary use of reserve territories.

2. The following terms are used in these Rules:

1) the territory of a settlement – the space within the established boundary (line) of an urban or rural settlement;

2) the master plan of a settlement is an urban planning project for the comprehensive development and construction of a city, town, or village, which establishes the zoning, planning structure, and functional organization of the settlement’s territory, taking into account urban regulations, the system of transport and engineering communications, landscaping, and improvement of the area;

3) inter‑settlement territories are territories located outside the boundaries (limits) of settlements;

4) reserve territories are territories intended for the development of settlements or for the development (improvement) of inter‑settlement territories.

5) subjects of architectural, urban planning and construction activities – government bodies, individuals and legal entities involved in the formation and development of the living environment and human life activity on the territory of the Republic of Kazakhstan;

6) temporary structures – residential, cultural and household, and other buildings and structures for the maintenance of construction workers, access roads, roads, warehouses, pumping stations, substations, concrete and mortar mixing units, engineering networks and structures of a production nature necessary for the performance of construction and installation works, usually dismantled upon completion of construction.

3. The requirements of these Rules apply to all entities engaged in architectural, urban planning, and construction activities within the boundaries of reserve territories defined and approved as part of comprehensive urban planning schemes for territories, general plans of settlements, and detailed planning projects.

Chapter 2. Procedure for Temporary Use of Reserve Territories

     4. Entities engaged in architectural, urban planning, and construction activities submit applications to local executive bodies to obtain land plots for temporary use from the reserve territories.

5. Local executive bodies consider applications from entities engaged in architectural, urban planning, and construction activities in accordance with Article 43 of the Land Code of the Republic of Kazakhstan.

6. Temporary structures on land plots included in reserve territories are placed for the duration of the facility’s construction in accordance with urban planning and design and estimate documentation.

7. Local executive bodies publish information about land plots included in reserve territories on the official websites of the local executive body.

8. Land plots from reserve territories may be allocated to entities engaged in architectural, urban planning, and construction activities for temporary land use to accommodate temporary structures for the purposes specified in paragraph 6 of Article 49-2 of the Land Code of the Republic of Kazakhstan.

9. Entities engaged in architectural, urban planning, and construction activities ensure the proper maintenance of land plots from reserve territories and the temporary structures erected, as well as their operation.

10. After the completion of construction and installation work on the facility and its commissioning, entities engaged in architectural, urban planning, and construction activities carry out the demolition of temporary structures and restore the land plots from the reserve areas to their original state.

     11. Reserve areas may be temporarily used by local executive bodies for setting up trade stalls for holding fairs of agricultural products, placing flower stalls, open car parks, seasonal sports and playgrounds, until the facility for which the land plot was reserved is implemented.

     12. In the event that project documentation for the implementation of a facility for which a land plot has been reserved is developed, local executive bodies carry out the demolition of these structures and restore the land plots from the reserve territories to their original state.

 

 

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