8. Real Estate and Construction

CONSTRUCTION

8.1. Legal Framework

The legal regime of land plots, real estate objects, and construction activities in the Kyrgyz Republic is regulated by land, civil, and urban planning legislation.

8.2. Forms of Land Ownership

In Kyrgyzstan, land may be in state, municipal, or private ownership. State ownership includes:

• lands provided to state land users;

• lands of the forest and water funds;

• specially protected natural territories;

• reserve lands;

• border territories;

• State Fund of Agricultural Lands;

• pastures;

• other lands not transferred to municipal or private ownership;

Pastures, forests, and lands of the State Fund of Agricultural Lands are in the exclusive ownership of the state. 38

Municipal land includes lands within the boundaries of populated areas that are not in private or state ownership, as well as land plots outside the boundaries of populated areas acquired by local self-government bodies to address local issues. Management and disposal of these lands are carried out by local self-government bodies.39

Private land ownership consists of land plots owned by legal entities and individuals of the Kyrgyz Republic.40

Land use is subject to payment for all legal entities and individuals, except for state and municipal land users,

funded from the budget. 41

Part 1 of Article 4 of the Land Code. Article 5 of the Land Code. Article 6 of the Land Code. Part 1 of Article 10 of the Land Code.

8.3. Rights of foreign persons to land plots

Legislation establishes special rules for ownership and use of land plots by foreign42 individuals and legal entities.

Foreign persons are not allowed to be granted or transferred land ownership unless otherwise provided by the Land Code. At the same time, foreign persons may obtain land plots on the basis of fixed-term (temporary) use (lease).

A foreign person is understood as a legal entity with foreign participation, a foreign citizen, or a stateless person acting as a party in land-legal relations (Art. 2 of the Land Code). Kayrylman is an ethnic Kyrgyz who is a foreign citizen (stateless person) wishing to resettle (resettled) in the Kyrgyz Republic for permanent residence and who has obtained the status of kayrylman (Art. 1 of the Law of the KR "On State Guarantees to Ethnic Kyrgyz Resettling to the Kyrgyz Republic" dated November 26, 2007 No. 175). Part 3 of Article 8 of the Land Code.

8.5. Construction of real estate objects

Construction and reconstruction of real estate objects are carried out in accordance with urban planning documentation, construction standards, and the requirements of legislation in the field of architecture and construction. The right to carry out construction is granted to persons who own or have the right to use the land plot.

Legislation provides for various permitting procedures depending on the purpose, area, number of floors, and category of the construction object. Depending on the category of the object, the procedure may include obtaining an urban planning conclusion, engineering and technical conditions, approval of project documentation, conducting state expertise, and assessing the compliance of the completed construction object.48

A foreign person acquiring a building or structure in the Kyrgyz Republic obtains the right of fixed-term (temporary) use of the land plot on which the respective real estate object is located, for a term of up to 50 years with the possibility of extension. Upon the subsequent transfer of the building or structure to a citizen of the Kyrgyz Republic or a Kyrgyz legal entity, the right of private ownership of the land plot is registered in favor of the new owner.45

Foreign persons also have the right to use land plots based on servitude.46 Restrictions established for the acquisition and use of land plots by foreign persons do not apply to relations related to

the establishment of servitudes.47

8.4. State Registration of Real Estate

Rights to real estate and transactions with it are subject to state registration. State registration is carried out by entering information into the Unified State Register of Rights to Real Estate. Registration is performed by the State Agency for Land Resources, Cadastre, Geodesy, and Cartography under the Cabinet of Ministers of the Kyrgyz Republic through the system of local registration authorities.

Part 6 of Article 8 of the Land Code. Servitude is the right of a person to limited targeted use of a land plot owned or used by another person (Clause 67 of Article 2 of the Land Code; Part 7 of Article 8 of the Land Code. See the Regulation on the Procedure for Issuing Documents for Design, Construction, and Other Changes to Real Estate Objects and Assessment of Compliance of Completed Construction Objects Commissioned (approved by the order of the Ministry of Construction, Architecture, and Housing and Communal Services of the Kyrgyz Republic dated July 2, 2025 No. 93-npa).