From 8 September 2026, new soil protection requirements come into force in Kazakhstan. Landowners and land users are obliged to take measures to preserve the fertile soil layer during works that involve disturbance of land.
WHICH REQUIREMENTS COME INTO FORCE
As reported by Zakon.kz, the new rules are linked to the entry into force of the Law No. 341-VIII of 8 July 2026 "On Soil Protection". The document establishes requirements for the removal, storage and use of the fertile soil layer.
Amendments have also been made to Article 238 of the Environmental Code of the Republic of Kazakhstan. Landowners and land users are now expressly obliged to ensure the removal, preservation and use of the fertile soil layer when carrying out works that involve disturbance of land.
WHAT IT MEANS FOR CONSTRUCTION AND OTHER WORKS
During construction and other works that disturb the soil cover, the fertile layer must be removed in a timely manner and stored under conditions that prevent the deterioration of its quality.
Article 21 of the Law "On Soil Protection" stipulates that the removed fertile soil layer may be used in the reclamation of disturbed land, the improvement of the quality of agricultural and low-productivity land, the restoration of degraded soil, as well as for the greening and improvement of populated areas, subject to compliance with hygiene standards.
The removal of the fertile soil layer outside Kazakhstan is prohibited.
WHAT LIABILITY IS PROVIDED
Failure to fulfil obligations relating to land protection entails liability under Article 339 of the Administrative Offences Code of the Republic of Kazakhstan ("Failure by landowners and land users to fulfil obligations relating to the use of land plots").
For individuals, a warning or a fine of 5 MCI is provided, which in 2026 amounts to 21,625 tenge. In the event of a repeated offence within a year, the fine is doubled.
For small business entities and non-profit organisations, the fine is 10 MCI, for medium-sized businesses — 20 MCI, and for large businesses — 50 MCI.
Separate requirements are established for subsoil users. In the event of significant damage caused by the loss or deterioration of the fertile soil layer, liability may arise under Article 333 of the Criminal Code of the Republic of Kazakhstan ("Violation of rules for the protection and use of subsoil").
