Foreign investors holding property in Kazakhstan now face a tightening regulatory environment. Amendments to Kazakhstan's land and property legislation. effective from early 2025. introduce new restrictions and procedural requirements that directly affect non-resident owners. International companies. Additionally, foreign nationals with existing or planned real estate positions in the country.
Kazakhstan's amended real estate legislation restricts certain categories of foreign ownership and introduces mandatory re-registration deadlines for existing title holders. Foreign nationals and foreign-incorporated legal entities holding residential or agricultural land interests must comply with updated Zhylishchny kodeks (Housing Code of Kazakhstan) and land legislation requirements. Non-compliant owners risk administrative penalties, forced alienation proceedings, or loss of title registration in the Zhylishchny reestr (state land register).
This alert outlines which business categories are affected, the applicable compliance deadlines, and the immediate steps foreign property owners should take now.
What has changed and when it takes effect
Kazakhstan's land and real estate legislation underwent significant amendment in late 2024. The changes took effect on January 1, 2025. They affect the terms on which foreign persons – both natural and legal – may hold, transfer, and register interests in Kazakhstani real property.
The principal changes include three areas. First, foreign legal entities are now prohibited from holding freehold interests in agricultural land. This restriction was previously subject to certain exemptions. Those exemptions have been narrowed materially. Second, non-resident foreign nationals face stricter conditions for acquiring residential property outside designated urban zones. Third, mandatory conveyancing formalities have been expanded. All property transfer transactions involving a foreign party now require a notarialnoe udostoverenie (notarial deed) executed before a Kazakhstani notary. Notarisation by a foreign notary, even with apostille, is no longer sufficient for land register purposes.
The Komitet po upravleniyu zemelnymi resursami (Committee for Land Resource Management) has issued updated guidance on due diligence requirements for title transfers involving non-resident parties. Title deed registration now triggers a mandatory review of the buyer's residency and corporate status.
For tax implications arising from these ownership changes, our analysis of tax law matters in Kazakhstan sets out the relevant withholding and capital gains considerations for foreign property disposals.
Who is affected: categories and threshold criteria
The amendments affect several distinct groups of foreign property stakeholders in Kazakhstan.
Foreign-incorporated companies holding or acquiring agricultural or rural land interests are directly affected. This includes subsidiaries of international groups registered outside Kazakhstan, even where management or operations are conducted locally. Joint ventures where a foreign party holds a controlling interest also fall within scope.
Foreign nationals – including those holding long-term residence permits – are affected where they own residential property outside the cities of Almaty and Astana. Property in these two designated urban zones remains accessible to non-residents under existing rules, but regional and rural residential holdings are subject to the new restrictions.
International investment funds and trusts with Kazakhstani real estate in their portfolios must re-examine their holding structures. Where a fund's beneficial owner is classified as a foreign person under Kazakhstani investment legislation, the new rules apply regardless of whether a domestic nominee holds title.
Cross-border sale and leaseback arrangements involving Kazakhstani land are also caught. Any transaction where the lessee or the beneficial recipient of land use rights is a foreign entity must now comply with the notarial deed requirement and the updated due diligence procedures for land register entries.
The compliance deadline for re-registration of existing non-compliant holdings is December 31, 2025. Owners who fail to restructure or re-register within this window face administrative proceedings and, in serious cases, mandatory alienation orders under Kazakhstan's land legislation.
To receive an expert assessment of your property holdings in Kazakhstan, contact us at info@ferrazwhitmore.com.
Immediate actions for international property owners
Foreign owners and their advisers should treat the following as priority actions before the December 31, 2025 deadline.
- Audit your title position. Review every Kazakhstani real estate asset against the updated land register rules. Confirm whether your title deed reflects current ownership correctly and whether any encumbrances have been affected by the new legislation.
- Verify corporate structure eligibility. If property is held through a foreign-incorporated entity, assess whether that entity's classification under Kazakhstani investment legislation triggers the new restrictions. Restructuring through a locally incorporated subsidiary may be necessary.
- Complete due diligence on pending acquisitions. Any property transfer in progress must now include a full legal due diligence review that satisfies the updated conveyancing requirements, including notarial deed execution before a Kazakhstani notary.
- Obtain a current land register extract. Request an up-to-date extract from the state land register to confirm the current registered status of each asset. Discrepancies between the title deed and the register entry must be resolved before any transfer or refinancing.
- Assess tax exposure on restructuring. Re-registration and restructuring may trigger Kazakhstani property transfer taxes and withholding obligations. Model the tax cost of restructuring before committing to any ownership change.
For broader guidance on foreign real estate ownership and compliance in Kazakhstan, our dedicated service page on real estate law in Kazakhstan covers the full procedural and regulatory context.
International companies with parallel property exposure in Russia should also consult our alert on real estate regulation changes in Russia, which addresses related restrictions affecting foreign owners across the CIS region.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our team advises international investors, institutional funds, and corporate groups on real estate acquisition, title due diligence, conveyancing, and property transfer compliance in Kazakhstan and across the CIS region. We combine Portuguese civil law expertise with English common law tradition to provide practical cross-border guidance. As a law firm advising international clients who need a lawyer in Kazakhstan for property matters, we coordinate directly with qualified local counsel to manage land register filings, notarial deed requirements, and restructuring transactions. Our real estate practice spans 15 practice areas across Europe, Asia, the Middle East, and CIS markets. To discuss your property position in Kazakhstan, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.