How to Get Land Allocation and Construction Permits for Energy Projects in Kazakhstan (2026)

Developing a power or renewable energy project in Kazakhstan requires navigating two parallel permission tracks, land allocation through the local executive body (akimat) and construction permits issued under Ministry of Industry and Construction rules, alongside a series of sectoral approvals from the Ministry of Energy, environmental regulators and grid operators. Understanding how to get land allocation and construction permits for energy projects in Kazakhstan is essential for any sponsor, EPC contractor or foreign investor preparing to site and build a generation facility in 2026. The process was materially amended by Minister of Energy Order No.

152‑n/k of 14 April 2026, which changed documentary thresholds, application sequences and procedural dates for energy-related approvals, with provisions entering force on a staged basis between June and July 2026. This guide sets out the complete procedure, eligibility checks, step-by-step approvals, required documents, realistic timelines, indicative costs and the specific 2026 regulatory changes, in a single, practitioner-level reference.

Overview of the Land Allocation and Construction Permit Process

Every energy project in Kazakhstan, whether a solar farm, wind park, conventional gas-fired plant, or combined heat-and-power facility, must secure rights to use land and obtain formal permission to commence construction before breaking ground. The permitting architecture runs along two tracks that proceed partly in parallel:

• Track A, Land allocation and land-use rights. The local akimat (regional or city executive body) allocates state-owned land or approves the transfer of privately held land for energy infrastructure use. The application is registered through the Land Cadastre, and the resulting land-use right must be formally recorded before construction can begin.
• Track B, Construction permit and start-of-works approval. The local construction authority, operating under norms set by the Ministry of Industry and Construction, issues the permission to construct once design documentation, fire safety and sanitary approvals are in place.

Layered on top of these two tracks are sectoral approvals that vary by project type: an environmental impact assessment (EIA) where required by environmental legislation, a grid connection offer from the relevant network operator coordinated through the Settlement and Financial Center (RFC), a power generation licence from the Ministry of Energy for certain facility types, and sanitary-epidemiological and fire safety clearances. The 2026 changes introduced by Order No.152‑n/k affect how several of these approvals interact and what documentary proof sponsors must submit, a point addressed in detail below.

This procedure applies to all generation projects sited on Kazakhstani territory, including renewables selected through the RFC auction mechanism, conventional power plants developed under bilateral agreements, and hybrid or storage-integrated facilities. Offshore and geothermal projects face additional permitting layers (maritime or subsoil use permits) that are noted in the relevant steps.

Eligibility and Prerequisites for Land Allocation in Kazakhstan

Land categories and exclusions

Not all land in Kazakhstan is available for energy project development. Applicants must confirm that the target site falls within a permissible land category under the Land Code. Land classified as agricultural, forest fund, specially protected natural territory, or water fund is subject to restrictions or outright prohibitions on conversion to industrial or energy infrastructure use. Before initiating a formal application, sponsors should request a zoning confirmation from the relevant akimat’s architecture and urban planning department to verify the land category, any existing encumbrances, and compatibility with energy facility construction.

Foreign investor rules

Foreign nationals and foreign-incorporated entities may obtain land-use rights for energy projects, but the form of tenure differs from that available to Kazakhstani citizens. Foreign investors may acquire private ownership of land plots designated for construction or industrial use. However, agricultural land cannot be privately owned by foreign persons, it may only be leased, typically for terms of up to 25 years with extension options. For most utility-scale energy projects, foreign sponsors secure long-term leases of 25 to 49 years from the akimat, which are registerable and bankable for project finance purposes.

Additional steps for foreign investors include apostille and notarised translation of corporate documents, registration of a local representative office or subsidiary, and, where the project is in a special economic zone, compliance with zone-specific investor rules.

Pre-application checks

Before submitting the formal land allocation application, sponsors should complete several preparatory assessments:

• Grid capacity. Confirm with the regional grid operator or RFC that sufficient network capacity exists or can be created at the chosen location. An early-stage grid feasibility inquiry prevents wasted permitting effort on sites that cannot be connected.
• EIA scoping. Determine whether the project triggers a mandatory environmental impact assessment under Kazakhstan’s Environmental Code. Large generation facilities and projects near protected habitats or water bodies will require full EIA with public consultation.
• Cultural heritage and protected habitats. Verify with the akimat and the Ministry of Culture whether the site intersects with archaeological monuments, cultural heritage zones or protected biological habitats that would preclude or delay development.

Step-by-Step Procedure: Land Allocation and Construction Permits for Energy Projects in Kazakhstan

The construction permit process for energy projects in Kazakhstan follows a six-step sequence. Several steps run concurrently, the EIA process, for example, can overlap with grid connection studies. The table below summarises the full sequence; detailed guidance for each step follows.

Step 1, Secure site control

The first step is to obtain legal control over the project site. For state-owned land, this means negotiating a lease agreement with the akimat. For privately held land, it means executing a sale or lease contract with the landowner. In either case, legal counsel should conduct a title search through the Land Cadastre to confirm the land is free of encumbrances, liens, or competing claims. Pre-contract conditions should address zoning confirmation, access rights, and any demolition or remediation obligations. For auction winners under the RFC renewable energy programme, the auction documentation may specify a designated area or region, but the sponsor remains responsible for identifying and securing the specific plot.

This step typically takes 4 to 12 weeks depending on the complexity of negotiations and the availability of suitable parcels.

Step 2, Apply for land allocation / land-use right at the akimat

With site control secured, the sponsor submits a formal application to the local akimat for land allocation or confirmation of land-use rights. The application package includes the cadastral plan, a statement of intended use (specifying energy infrastructure), the company’s incorporation documents, and a summary of the proposed project (typically the feasibility study or Pre-FEED document). The akimat reviews the application against zoning rules, infrastructure capacity and environmental constraints. Processing times vary by region, the statutory window is 15 business days for straightforward allocations, but complex applications or those requiring inter-agency consultation may take up to 60 business days. Upon approval, the akimat issues a land allocation decision, which must be registered with the Land Cadastre to become legally effective.

Step 3, Commission engineering surveys and submit the EIA

Once land-use rights are in place, the sponsor commissions engineering surveys (geotechnical, hydrological, topographical) needed for project design. In parallel, if the project triggers environmental assessment requirements, the sponsor engages an accredited EIA contractor to prepare the environmental impact assessment. The EIA process includes a scoping phase (2–6 weeks), a desk study and field investigation, and a public consultation period. The completed EIA is submitted to the relevant environmental authority, typically the regional department of the Ministry of Ecology and Natural Resources, or the Committee for Environmental Regulation for projects of national significance. The full EIA cycle for a utility-scale energy project commonly takes 3 to 6 months.

Projects below the environmental significance threshold may require only an environmental clearance rather than a full EIA.

Step 4, Apply for the construction permit

The construction permit application is submitted to the local construction authority (the architecture and urban planning department of the akimat) or, for nationally significant projects, through the channels specified by the Ministry of Industry and Construction. The application requires complete design documentation, architectural, structural and MEP drawings, cost estimates, and fire safety and sanitary calculations, all prepared by certified Kazakhstani design organisations or foreign designers whose qualifications have been recognised. The statutory window for the construction permit decision is 15 business days, although a longer period of up to 30 business days is permitted for complex applications. Construction may not lawfully commence until the permit is issued.

Starting works before the permit is a common, and costly, pitfall that can result in fines, stop-work orders and demolition requirements.

Step 5, Obtain grid connection and generation licence

The sponsor applies for grid connection through the relevant regional electricity network operator, with coordination through the RFC where the project was selected via the auction mechanism. The grid connection application must include the project’s generation capacity, single-line diagrams, and evidence of land-use rights or a lease agreement for the project site. Network impact studies typically take 2 to 6 months depending on the complexity of the proposed connection and the condition of the local grid. For projects requiring a power generation licence, the application is submitted to the Ministry of Energy or the relevant licensing body. The licence requirement depends on the project’s installed capacity and technology type.

The step-by-step process for grid connection in Kazakhstan is covered in a separate procedural guide.

Step 6, Final inspections and permit to use

After construction is complete, the facility must pass a series of inspections before commercial operation can begin. These include fire safety inspection, sanitary-epidemiological inspection, and a technical commissioning inspection conducted by the relevant state authorities. Upon successful completion of all inspections, the akimat or Ministry (depending on project significance) issues the permit to use (разрешение на ввод в эксплуатацию). For facilities incorporating hazardous production equipment, such as high-pressure gas turbines or chemical storage, separate permits to use from the industrial safety authority may be required. This final phase typically takes 2 to 6 weeks.

Required Documents for Land Allocation and Construction Permits

The documents needed for land allocation and construction permits for a power plant in Kazakhstan are substantial. The following table consolidates the full documentary checklist across the permitting sequence. Sponsors should prepare all documents in the required language (Kazakh and/or Russian, with certified translations of foreign-language originals) and ensure notarisation and apostille where foreign documents are involved.

Approvals Timeline and Key Deadlines in 2026

The overall duration from initial site identification to permit-to-use issuance for a medium-scale energy project in Kazakhstan is typically 6 to 18 months, depending on the project’s complexity, the region, and the efficiency of inter-agency coordination. The following timeline table sets out a recommended approvals schedule against calendar milestones.

Key statutory deadlines and 2026 dates to note:

• Administrative permit decisions: The standard statutory window for most permit decisions is 15 business days. Complex applications, including those requiring inter-agency coordination, may take up to 30 business days.
• Order No.152‑n/k of 14 April 2026: This ministerial order was enacted on 14 April 2026, with staged effective dates. Industry observers note that certain provisions entered force on 21 June 2026, with further clauses taking effect from 11 July 2026. Project sponsors should confirm which clauses apply to their specific submission timeline by checking the annotated text on the Adilet legislation portal.
• RFC auction calendar: Sponsors of renewable energy projects selected through the 2026 auction cycle should align their permitting timeline with the post-award deadlines set in the auction documentation, which typically require evidence of land-use rights and grid connection progress within specified periods after award.

Costs, Fees and Tax Considerations

The costs associated with land allocation and construction permits for energy projects in Kazakhstan comprise government administrative fees, professional service costs and project-specific charges. The following table provides indicative ranges. All figures should be verified with the relevant akimat and regulatory body, as fee schedules vary by region and may be affected by the 2026 ministerial order amendments.

From a tax perspective, energy project investors should be aware that Kazakhstan applies VAT at the standard rate on most services (including professional consulting and construction services), and corporate income tax applies to profits generated by the project company. Renewable energy projects may qualify for certain incentives under the Law on Support of the Use of Renewable Energy Sources, including priority grid dispatch and guaranteed tariffs for auction winners. Tax structuring should be addressed with qualified legal counsel familiar with Kazakhstan’s energy sector.

What Changes in 2026: Minister of Energy Order No.152‑n/k

Order No.152‑n/k, signed by the Minister of Energy on 14 April 2026 and published on the Adilet national legislation portal, introduces amendments to the application steps, documentary thresholds and procedural dates for energy and energy-related approvals in Kazakhstan. The order’s provisions enter force on a staged basis, with certain clauses effective from 21 June 2026 and further provisions from 11 July 2026.

The likely practical effects of the 2026 changes include:

• Amended documentary requirements. Industry observers expect that submissions for certain Ministry of Energy approvals now require enhanced documentation, including updated metering and transparency data aligned with new compliance obligations.
• Revised procedural sequences. Early indications suggest the order adjusts the sequencing of certain sectoral approvals, sponsors should verify whether ministerial sign-off timelines for energy-related licences have shifted relative to the construction permit application.
• Staged effective dates. Because the order enters force in stages, projects with applications submitted before 21 June 2026 may be subject to transitional provisions, while applications filed from 11 July 2026 onward are subject to the fully amended rules.

Sponsors and their legal advisers should consult the full annotated text of Order No.152‑n/k on the Adilet portal to confirm which clauses apply to their project timeline. Companion annotations are available on the CIS-Legislation portal. The order’s impact on specific licence categories and submission forms should be verified directly with the Ministry of Energy.

Common Pitfalls in the Land Allocation and Construction Permit Process

• Commencing construction before the permit is issued. This is the single most common and consequential error. Unauthorised construction can result in administrative fines, stop-work orders, and, in the worst case, a requirement to demolish completed structures. No project sponsor should break ground until the written construction permit is in hand.
• Incomplete or non-compliant EIA public consultation. Failure to conduct the public consultation process in accordance with environmental legislation can invalidate the EIA, requiring the sponsor to restart the entire environmental clearance process, adding 3 to 6 months to the project timeline.
• Mismatch between lease term and project finance tenor. Lenders and investors will scrutinise whether the land lease term is long enough to cover the full project finance repayment period plus a comfort margin. A 25-year lease on a project with a 20-year PPA and 18-year debt tenor leaves insufficient tail, negotiate a 49-year term where possible.
• Failure to register land-use rights with the cadastre. An akimat allocation decision that is not registered with the Land Cadastre is not legally perfected. Unregistered rights are vulnerable to competing claims and cannot be used as security for project finance.
• Not updating design approvals after ministerial changes. Where the 2026 order amends documentary or technical requirements, design documentation approved before the effective date may need to be updated. Sponsors should check whether previously approved designs remain compliant under the new rules.
• Underestimating regional variation. Permit processing times, fee schedules and akimat practices vary materially across Kazakhstan’s regions. A timeline based on Almaty experience may not hold in Mangystau or Turkestan, engage local counsel in the target region.

Sources

1. Adilet, Order No.152‑n/k (14 April 2026)
2. CIS-Legislation, Annotated Order No.152‑n/k
3. Government of Kazakhstan, Official Portal (GOV.KZ)
4. Baker McKenzie, Doing Business in Kazakhstan 2026
5. RFC, Settlement and Financial Center Auctions
6. Global Advisory Experts, Energy Metering and Compliance in Kazakhstan
7. USAID / Energomost, Investor’s Guide to Renewable Energy Projects in Kazakhstan