This document aims to regulate the use of garden and cottage plots that have been classified as lands of settlements designated for "housing construction" following the adoption of the new Land Code of Kyrgyzstan.
The main objectives of this project include the rational use of settlement lands, creating favorable conditions for housing construction and improvement, as well as establishing transparent mechanisms for determining the boundaries of garden and cottage territories. Additionally, it aims to streamline the transfer of land and common property to local authorities.
The agency notes that the absence of a unified regulatory procedure leads to multiple interpretations of legislation, complicates the process of recognizing boundaries and transferring public use objects, which creates a risk of misuse of land.
The adoption of this resolution will eliminate legal gaps, enhance the efficiency of land resource use, and organize urban planning documentation. This will also positively impact the infrastructure and improvement of the respective territories.
The project was developed in accordance with the Land Code, the Law "On Local Self-Government," the Civil Code, and construction regulations.
Appendices
Project
RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC
On the Approval of the Procedure for the Use of Garden and Cottage Land Plots Recognized as Lands of Settlements,
Procedure for the Use of Garden and Cottage Land Plots
In accordance with Articles 13, 17 of the Constitutional Law of the Kyrgyz Republic "On the Cabinet of Ministers of the Kyrgyz Republic," Article 7 of the Law of the Kyrgyz Republic
"On the Implementation of the Land Code of the Kyrgyz Republic," the Cabinet of Ministers of the Kyrgyz Republic resolves:
1. To approve:
1) The Procedure for the Use of Garden and Cottage Land Plots Recognized as Lands of Settlements according to Appendix 1;
2) The Procedure for the Use of Garden and Cottage Land Plots according to Appendix 2.
2. This resolution comes into force seven days after its official publication.
Chairman A.A. Kasymaliev
Cabinet of Ministers
Kyrgyz Republic
Appendix 1
Procedure for the Use of Garden and Cottage Land Plots Recognized as Lands of Settlements
1. General Provisions
1. The Procedure for the Use of Garden and Cottage Land Plots Recognized as Lands of Settlements (hereinafter referred to as the Procedure) defines the rules for the use of garden and cottage lands classified as lands of settlements with the designated purpose of "housing construction" upon the entry into force of the Land Code of the Kyrgyz Republic.
The Procedure is intended to ensure the rational, targeted, and effective use of lands classified as settlement lands, the development of housing construction, and the creation of conditions for the sustainable development of settlements.
2. The recognition of garden and cottage land plots as lands of settlements does not affect the existing rights of private property of citizens of the Kyrgyz Republic to these land plots.
2. Determining the Boundaries of Garden and Cottage Land Plots to be Recognized as Lands of Settlements
3. The boundaries of the territories of garden and cottage land plots to be recognized as lands of settlements are determined in accordance with the initial decisions of the authorized bodies on the allocation of land for dacha construction or collective gardening made before June 16, 1999.
5. In case of an increase in the area of land to be recognized as lands of settlements from the initial area established in the decisions of the authorized bodies on the allocation of land for dacha construction or collective gardening made before June 16, 1999, the transfer (transformation) of land plots into the category of lands of settlements is carried out in accordance with land legislation.
6. In the absence of a general plan for the lands allocated for dacha construction or collective gardening, the information from the State Enterprise "Kyrgyzhyprozem," provided based on the materials of land inventory conducted from 1991 to 1998, is used as the basis for the location of the lands. The following are also used:
- materials and information from the authorized state body in the field of water resource management regarding the presence of water fund objects;
- urban planning documentation (if available);
- materials and information from the Unified State Register of Rights to Real Estate;
- land accounting documentation;
- materials and information from the authorized state body in the field of forest fund management;
7. The territory recognized as lands of settlements (within the boundaries of dacha construction or collective gardening, excluding lands that fall under the water fund) is considered a plot of the adjacent settlement while retaining the previous name of the collective gardening or gardening partnership.
8. In the absence of a schematic plan, considering the clarified external boundaries of the lands allocated for dacha construction or collective gardening, the plan is drawn up according to the actual boundaries of the land plots.
9. The assignment of an address to a unit of real estate (dacha plot) is carried out in accordance with the Regulation on the Procedure for Assigning Addresses and Maintaining the Address Register in the Kyrgyz Republic, approved by the resolution of the Government of the Kyrgyz Republic dated October 22, 2014, No. 610.
3. Rules for the Use of Lands
9. The use of garden and cottage lands recognized as lands of settlements is carried out strictly in accordance with:
- the schematic plan and/or planning and construction projects;
- building norms and rules of the Kyrgyz Republic.
10. Construction on land plots is carried out based on permits issued in accordance with the Regulation on the Procedure for Issuing Documents for Design, Construction, and Other Changes to Real Estate Objects and Assessing Compliance of Completed Construction Objects for Operation, approved by the authorized state body in the field of urban planning and architecture.
11. Following the determination of the boundaries of the territory of the settlement, the lands of public use are transferred to the executive bodies of local self-government. The maintenance and improvement of these lands will be carried out at the expense of local funds.
At the same time, capital construction is not permitted on public use lands.
12. Land plots free from third-party rights (abandoned land plots) are regulated by the norms of Article 257 of the Civil Code of the Kyrgyz Republic.
The normative area of the land plot provided for housing construction in the specified territories is established in accordance with urban planning documentation but cannot exceed the maximum area established by the village or city council.
13. When determining the territory boundaries of lands to be recognized as lands of settlements, the local self-government body is obliged to compile a list of property (roads, daily regulation basins, water towers and wells, reservoirs, transformer substations, office premises, guard houses, common gates and fences, children's and sports grounds, waste collection sites, fire protection facilities, etc.) that constitutes common property or property of public use.
The list of property that constitutes common property is compiled by a commission created by the executive body of local self-government. The commission includes representatives of the executive body of local self-government of the respective administrative-territorial unit, state bodies in the field of architecture and construction, in the field of registration of rights to real estate, in the field of water resources, and an authorized person from the owners of garden and cottage plots.
By the protocol of the general meeting of the owners of dacha plots, two owners of dacha plots and the former chairman of the dacha construction or collective gardening are determined, who are nominated to define the list of property that constitutes common property and to sign the transfer act for its transfer to the local self-government body.
14. An act on the current condition and a defect act are drawn up with the authorized person of the energy sector for the transformer substation. The owners of dacha plots will need to address the issues indicated in the defect act.
15. The drawn-up act serves as the basis for the local self-government body to make a decision on the transfer of property for operational management to the respective state or municipal body.
At the same time, the land plots under transformer substations are transferred by an acceptance-transfer act drawn up between the commission and the representative of the RES, which is subject to state registration.
16. Owners of garden and cottage land plots classified as lands of settlements with the designated purpose of "individual housing construction" are obliged to:
- use the land plots in accordance with their designated purpose;
- ensure the preservation of common use areas in proper technical and sanitary condition;
- comply with these Rules, fire safety rules, rules for using water supply, electrical, gas, and other appliances;
- maintain cleanliness and order in common use areas;
- economize on water, gas, electricity, and thermal energy;
- treat sanitary-technical and other equipment, improvement objects, and other common property with care;
- participate in common expenses for the maintenance of common property and property of public use, and timely pay for services;
- compensate for damage caused to common property or the premises of another owner within the framework of the law;
- upon discovering malfunctions of water use devices leading to water leaks, take measures to eliminate them and inform local self-government bodies.
Appendix 2
Procedure for the Use of Garden and Cottage Land Plots
1. General Provisions
1. The Procedure for garden and cottage land plots located in the category of water fund lands (hereinafter referred to as the Procedure) defines the rules for the use of garden and cottage lands, the rules for the use of garden and cottage land plots located in the category of water fund lands.
The Procedure is intended to ensure the rational, targeted, and effective use of lands.
2. Garden and cottage land plots falling under the category of water fund lands are not recognized as lands of settlements intended for residential construction.
3. In the case of garden and cottage land plots falling under water fund lands, the boundaries of water fund lands are determined and indicated in the schematic plan of the lands.
4. Owners of garden and cottage land plots falling under the category of water fund lands may establish organizations in accordance with the legislation of the Kyrgyz Republic.
5. The establishment of garden and cottage organizations does not affect the existing rights of private property of citizens of the Kyrgyz Republic to dacha land plots.
2. Procedure for the Use of Garden and Cottage Land Plots Falling Under the Category of Water Fund Lands
6. Relations related to the use of garden and cottage land plots located on water fund lands are regulated by water legislation.
7. Garden and cottage land plots falling under the category of water fund lands must be reflected in land accounting and cadastre documentation as lands of the water fund category, indicating the type of plot as "garden and cottage plots."
8. The use of garden and cottage land plots is carried out strictly in accordance with the building norms and rules of the Kyrgyz Republic.
3. Rules for the Use of Lands
9. Garden and cottage land plots owned by citizens must be used for collective gardening and dacha construction.
10. When conducting collective gardening, the following types of permitted uses of garden and cottage land plots are established:
- growing orchards, fruits, and vegetables;
- individual garages or parking spaces;
- construction of greenhouses and other insulated structures for growing agricultural crops;
- installation of water storage tanks on the land plot;
- construction of light and air-permeable fences;
- construction of dacha houses, outbuildings, and structures, without violating the principles of good neighborliness;
- keeping poultry and rabbits;
- construction of fences, including capital type;
- construction of facilities for recreation, sports, and creative activities.
11. On common-use garden and cottage land plots, the following types of permitted uses are established:
- construction of water intake facilities, public reservoirs for water storage, fire water bodies;
- construction of premises for the security of the territory of the garden and cottage organization;
- organization of waste collection sites;
- organization of protective forest strips;
- construction of collective vegetable storage;
- organization of open guest parking lots;
- construction of shops, kiosks, stalls for trade, temporary (seasonal) service facilities for the population;
- construction of children's playgrounds, recreation areas, sports facilities, health improvement facilities, medical assistance points.
2. The use of garden and cottage land plots in violation of the specified types of permitted uses of land plots is grounds for the expropriation of the land plot for violating its designated purpose in the manner established by the land legislation of the Kyrgyz Republic.
