The lease rights to the land parcel, once recognized in accordance with this law and the rights to it registered in the established procedure, can be privatized in accordance with the legislation on the privatization of land parcels not intended for agricultural purposes.
If the land illegally occupied through the construction of buildings and structures, including individual residential buildings, is located on irrigated land, the issue of recognizing rights will be considered after the classification of the land fund is amended in accordance with legislative documents.
This situation will also be considered and will be carried out in two stages. In the first stage, cadastral employees will conduct a survey, and in the second stage, a working group will review and provide a conclusion.
The main conditions for such a situation are:
The citizen must be a member of a horticultural and viticultural company.
The land plot must not have been allocated to other individuals or legal entities, nor should it have been put up for an electronic online auction.
There should be no disputes between individuals and/or legal entities regarding the use of this land plot.
There must be no arrears for land tax on this land plot or property tax on any buildings and structures constructed on it.
If we approach this issue from a legal perspective, this law is primarily directed at state organizations, meaning that the responsibilities and tasks of state organizations are defined. All actions will be carried out by state organizations, so citizens do not need to apply anywhere.
If the person who illegally occupied the land passes away, the property rights to the buildings and structures, as well as the lease rights to the land, will be recognized in the name of the deceased person. In this case, the inheritance process for the object will be resolved according to the inheritance procedure as outlined in the relevant legal documents.
The following individuals are exempt from paying the one-time payment:
1) Individuals who have fully paid the one-time fee within the framework of the nationwide one-time campaign;
2) Individuals with disabilities of Group I and II.
For individuals listed in the "Social Protection Unified Registry" information system, the one-time payment will be collected at fifty percent of the amount specified in the first part of this article.
If an excess land plot has been occupied on a real estate property with existing documents, a one-time payment for recognizing the land lease rights will be collected in the amount of the average market value of the land lease rights.
A one-time payment will be collected for recognizing the rights to illegally occupied land plots and the buildings and structures constructed on them in the following amounts:
1) In Tashkent city — five times the basic calculation amount;
2) In Nukus city and regional centers — three times the basic calculation amount;
3) In other cities under regional jurisdiction — two times the basic calculation amount;
4) In other settlements — one time the basic calculation amount.
The decisions regarding the recognition of lease rights to the land plot and property rights to the buildings and structures built on it are made by the Supreme Council of the Republic of Karakalpakstan, the local councils of people's deputies of the regions and the city of Tashkent.
The decision includes the following:
1) Information about the individuals whose lease rights to the land plot and property rights to the buildings and structures are being recognized (for citizens and individual entrepreneurs: surname, first name, father's name, and date of birth; for resident legal entities: full name, registration date, and taxpayer identification number);
2) The address, area, purpose of use, and the year the land plot was occupied for which the lease rights are being recognized;
3) The purpose of use of the buildings and structures for which property rights are being recognized.
If the recognition of rights to land plots and the buildings and structures built on them is deemed appropriate by the Ministry of Justice of the Republic of Karakalpakstan, the justice departments of the regions and Tashkent city, a notification regarding the payment of a one-time fee within twenty working days will be sent to the relevant individuals' phone numbers through the automated information system by the Cadastre Agency.
If land plots are transferred from one administrative-territorial unit to the territories of Tashkent, Nukus cities, or regional centers, the lease rights for the land plots will be recognized in accordance with the conditions for recognizing lease rights in the administrative-territorial unit where they were originally located.
According to the law, the size of the land plot is determined based on the year it was acquired. Specifically:
If the land plot was acquired before July 1, 1998, the maximum size recognized is up to 0.24 hectares for any region.
If the land plot was acquired between July 1, 1998, and May 1, 2018, the maximum size recognized is 0.06 hectares in Tashkent and Nukus cities, and 0.12 hectares in other regions.
If the land exceeds these standards, and does not violate the rights of other individuals or protected legal interests, the excess part of the land plot may be recognized for lease, or for conducting farming or household gardening activities.
If all conditions are met, cases with tax arrears are not rejected. A two-month period is given to pay the taxes. During this period, the process for that property is suspended until the payment is made. Once the payment is completed, the process will continue.
The Ministry of Justice of the Republic of Karakalpakstan, along with the justice departments of regions and Tashkent city, will review the electronic archives, data, and documents within two months for compliance with the requirements of this Law. They will prepare a conclusion regarding the validity of the recognition of rights to the land plots and the buildings and structures constructed on them.
The information from the fully formed electronic database in the automated information system will be publicly announced at the announcement corners of the buildings of the relevant citizens' self-government bodies, on the official website of the Cadastre Agency, and other information sources.
In case interested individuals or legal entities have objections to the collected data and documents, they will be able to file complaints with the relevant organizations within one month.
In this stage, more than ten state organizations participate. The main organizations are as follows:
Regional divisions of the State Assets Management Agency of the Republic of Uzbekistan;
District (city) hokimiyats;
Ministry of Investments, Industry, and Trade of the Republic of Karakalpakstan, and the Investments, Industry, and Trade Departments of the regions and Tashkent city;
District (city) departments of construction and housing and communal services;
District (city) departments of sanitation-epidemiological safety and public health;
Tax Committee under the Cabinet of Ministers of the Republic of Uzbekistan;
Agency for Space Research and Technologies under the Ministry of Digital Technologies of the Republic of Uzbekistan;
Supreme Council of the Republic of Karakalpakstan, Cabinet of Ministers, and district (city) hokimiyats of the regions and Tashkent city;
State Scientific and Design Institute "Uzdevroyikha" under the Ministry of Agriculture of the Republic of Uzbekistan.
The territorial divisions of the State Cadastre Chamber will carry out inventory work in each neighborhood based on the plan-schedule for every real estate object. Following the inventory results, an electronic inventory of the real estate object will be created in the automated information system.
The following information will be included (attached) in the electronic inventory:
1) Cadastre number of the land plot;
2) Information about individuals who illegally occupied the land plot:
Full name, date of birth, personal identification number, permanent residence address, and phone number of the citizen and sole entrepreneur;
Full name, registration date, address, taxpayer identification number, and phone number of the legal entity (resident);
3) Address of the land plot, land category and area, as well as the coordinates in the WGS-84 global geodetic system from 1984;
4) Land plot location scheme;
5) Actual use purpose of the land plot;
6) Whether the land plot belongs to one of the situations specified in part two of Article 1 of this Law.
The recognition of rights to illegally occupied land plots and the buildings and structures constructed on them is carried out through a step-by-step inventory process based on the annual plan and schedule.
The plan and schedule are approved by the Cadastre Agency (hereinafter referred to as the Cadastre Agency) under the Ministry of Economy and Finance of the Republic of Uzbekistan, upon the proposal of the Council of Ministers of the Republic of Karakalpakstan, regional and Tashkent city governors.
The inventory process is carried out in two stages: at the first stage, cadastre employees go to the site and conduct a detailed inventory of the real estate objects, and at the second stage, a working group formed from state organizations visits the site, conducts a study, and submits their conclusions.
The main conditions for recognizing rights are as follows:
1.The land plot has not been allocated to another person or put up for auction;
2.There is no dispute regarding the use of the land plot;
3.There are no outstanding debts related to land and property taxes;
4.The land is not located in a protected zone or irrigated area;
5.It does not violate the requirements of the master plan.
An excess land plot is an area of land that lies outside the boundaries of a land plot indicated in the documentation establishing rights to the land, and it is located in the adjacent area beyond the boundaries of the land plot.
An illegally occupied land plot refers to land that is being occupied by individuals, sole entrepreneurs, or resident legal entities without the necessary documentation establishing their rights to the land. This may include cases where such documents are lost or not fully formalized, or where the land is excess to the designated plot.
The law specifies that rights to buildings, structures, and land plots constructed until May 1, 2018, will be recognized.
Rights will not be recognized for those constructed after this year.
The law provides the opportunity to recognize the rights to land plots and buildings in eight specific cases:
Land plots seized unlawfully and the buildings constructed on them before May 1, 2018;
Excessively seized land plots and the buildings constructed on them;
Buildings that have not yet been recognized within the framework of the "one-time action" for rights recognition;
Land plots allocated by the district (city) mayor's decision, but not yet approved at the regional level by June 8, 2021;
Residential buildings and the land they occupy in orchard and vineyard territories;
Land plots allocated for entrepreneurs in small industrial zones before March 9, 2020;
Privatized land plots with a state order;
Buildings and residential houses where property rights are recognized by the mayor's decision, including the land they occupy.
The Law 'On Recognizing the Rights to Land Plots Illegally Occupied and the Buildings and Structures Built on Them' has become the legal basis that thousands, even millions, of our citizens have been waiting for.
For many years, citizens have faced significant problems because they had not formalized the documentation for the houses they have been living in. These problems include the inability to register them for permanent residence, issues with inheritance and the lack of official documentation, among other cases.
This people-oriented policy will have a positive impact on citizens' lives. They will now have the right to legally formalize their homes, sell them to others, and register family members for permanent residence. Additionally, property owners will be able to obtain preferential loans for renovating their homes or adding new construction, and in cases where homes are taken for public needs, they will have the right to claim compensation according to the law.
Overall, this process serves as the basis for social and economic planning, ensuring equitable use of infrastructure and resources. In response to the question 'What does this provide?' we can answer as follows:
1.A reduction in the number of illegal constructions. Legalizing land plots simplifies land management.
2.Increased tax revenues. Registered plots will contribute to higher budget revenues.
3.Clear planning. Information about the population and real estate will help develop infrastructure.
According to the administrative regulation for providing state services for changing the specialization, reconstruction, and renovation of buildings and structures, as well as for the construction of additional buildings and structures on one's premises, it is prohibited to carry out the change of specialization, reconstruction, renovation, and construction of additional buildings and structures on one's premises without the relevant permit.
To restore a lost cadastral passport, the applicant must personally visit the State Services Center or register on the my.gov.uz portal (Unified Interactive State Services Portal) to access the state service electronically. If the applicant visits in person, a State Services Center employee will submit the application on behalf of the applicant. If the applicant applies electronically via the portal, they will independently fill out the required form in electronic format. If acting on behalf of a third party, a duly certified power of attorney must be attached to the application. A document confirming the rights to the real estate must also be attached.
In case the cadastral passport is lost (or becomes invalid), a new cadastral passport, in either paper or plastic form, will be issued within two working days.
Information about the history of a real estate property includes details such as the property’s name, location, year of construction, and area, as well as information about the current and previous rights to the property, the date of registration in the state registry, the type of the document certifying the rights, who issued it, the date and number, and any restrictions related to the property.
This certificate may include information about a specific property’s previous area or the initial document on which the property was first registered in the state registry. It can be used in cases of disputes.
This certificate is issued by the relevant regional departments of the State Cadastral Chamber. To obtain the certificate, an application must be submitted through the State Services Centers or the Unified Interactive State Services Portal, or it can be obtained through the Cadastre Agency’s electronic system on the website davreestr.uz.
There are fees for obtaining the certificate. The payment amount is 50% of the basic calculation amount for the state service. The issuance time for the certificate is three working days.
According to the administrative regulations approved by the Resolution No. 612 of the Cabinet of Ministers of the Republic of Uzbekistan dated November 20, 2023, to obtain information about whether a citizen has a residential property registered in their name or not, an application must be submitted through the State Services Center or the Unified Interactive State Services Portal.
According to the administrative regulations approved by the Resolution No. 200 of the Cabinet of Ministers of the Republic of Uzbekistan dated April 20, 2022, the following procedure will be followed:
A permit for designing the construction of buildings and structures will be issued.
The design of the planned building and structure will be developed and approved.
After the construction works are completed, a permit for the acceptance of the real estate object for use will be issued.
Based on the Law of the Republic of Uzbekistan on State Registration of Rights to Real Estate and the administrative regulations approved by the Resolution No. 535 of the Cabinet of Ministers dated September 2, 2020, the cadastral passport for the real estate object will be formalized, and its rights will be registered in the state registry.
A request that does not include the physical person's surname (name, father's name), information about their place of residence, or the full name of a legal entity, along with its location (postal address), or includes false information about them, as well as an electronic request that does not allow for identification or a written request that is not signed, are considered anonymous requests.
According to Article 26 of the Law of the Republic of Uzbekistan on the Appeals of Physical and Legal Entities, anonymous requests are not considered.
It is advisable to reclassify a residential property as a non-residential property for business activities.
According to the administrative regulations approved by the Resolution No. 200 of the Cabinet of Ministers of the Republic of Uzbekistan dated April 20, 2022, a residential property, i.e., a living room, can be reclassified as a non-residential property.
After the residential property is reclassified as a non-residential property, the cadastral passport will be formalized according to the established procedure, and the rights to it will be registered in the state registry.
According to the procedure approved by the Resolution No. 186 of the Cabinet of Ministers dated July 10, 2014, titled 'Establishing the Tariffs for State Services in the Field of State Real Estate Cadastre,' payments for formalizing cadastral documents have been set.
Based on this procedure, for individuals registered in the 'Social Protection Unified Registry' information system, as well as for persons with disabilities of Group I and II and participants of the Second World War, the state service fee is 50% of the total service cost. However, this exemption does not apply when applying for business activity purposes.
If there are no changes (reconstruction or renovation) to the real estate object, it is not mandatory to re-register the cadastral passport.
According to the Law of the Republic of Uzbekistan on State Registration of Rights to Real Estate, after the purchase and sale of a residential property or apartment by notarial procedure, an application to register the property rights for the purchased apartment is submitted electronically through the notary office. The notary office will provide a copy from the State registry confirming the registration of the property rights.
According to the procedure approved by the Resolution No. 186 of the Cabinet of Ministers dated July 10, 2014, titled "Establishing the Tariffs for State Services in the Field of State Real Estate Cadastre," the payment amounts for registering property rights for residential property are as follows:
For residential property with a total area of up to 100 square meters, the payment is 1.25 times the base calculation amount;
For residential property with a total area of 100 to 300 square meters, the payment is 2.0 times the base calculation amount;
For residential property with a total area of over 300 square meters, the payment is 3.0 times the base calculation amount.
After part of the real estate has been alienated, when re-registering the cadastral passport for the remaining portion, no payment will be collected, based on Paragraph 2 of the explanatory section of the procedure 'Establishing the Tariffs for State Services in the Field of State Real Estate Cadastre,' approved by the Resolution of the Cabinet of Ministers dated July 10, 2014.
To formalize a cadastral passport for real estate, an application must be submitted through the State Services Center or the Unified Interactive State Services Portal, along with the documents confirming the rights to the property.
When formalizing cadastral documents for residential property, the payment amounts are determined according to the procedure approved by the Resolution No. 186 of the Cabinet of Ministers dated July 10, 2014, titled 'Establishing the Tariffs for State Services in the Field of State Real Estate Cadastre':
For formalizing the cadastral passport for residential property, the payment is set at 1.15% of the base calculation amount per square meter of the property.
Since mobile trade shops are not considered capital construction, a cadastral passport is not issued.
According to the administrative regulations approved by the Resolution No. 535 of the Cabinet of Ministers of the Republic of Uzbekistan dated September 2, 2020, when property rights or other real rights to a real estate object arise, are transferred to another person, are canceled, or the legal status of the real estate object changes, or when an application is made for accepting a building or structure into use after its construction (reconstruction) is completed, a cadastral passport in paper or plastic form will be issued at the applicant’s discretion.
Perennial trees include orchards, vineyards, mulberry groves, and other forest trees.
According to Article 39 of the Law of the Republic of Uzbekistan "On State Registration of Rights to Real Estate," the following documents are required for registering the property rights to perennial trees:
For registering property rights to perennial trees for use:
A certificate from agricultural authorities confirming the acceptance of the perennial trees for use;
The land lease agreement.
2) For registering the transfer of property rights to perennial trees to another person:
A notarially certified contract for the sale, donation, or division of perennial trees;
Inheritance certificate;
Court decisions.
The following land plots cannot be subleased:
Land plots allocated for farming and household plots (can be provided for temporary use in accordance with Article 243 of the Land Code);
Land plots allocated for community gardening, vegetable farming, and vineyards;
Agricultural land plots leased under an investment contract or public-private partnership agreement, which have not been put into use.
The purchase price of the land plot being privatized is calculated using the following formula:
a) For land plots allocated to legal entities on the basis of permanent use (ownership) or lease rights:
C = Kюр × S + B + T;
b) For land plots belonging to citizens of the Republic of Uzbekistan that are inherited, allocated on the basis of permanent use (ownership) or lease rights:
C = Kжис × S + B + T;
Where:
C — the purchase price of the privatized land plot (in soums);
Kюр, Kжис — the base tax rates for determining the purchase price for legal entities and individuals, which are 10 times the base rate for Tashkent and Nukus cities and regional centers, and 5 times the base rate for other regions (per square meter in soums);
S — the area of the privatized land plot (in square meters);
B — the rates set for providing a copy from the state registry and registering real estate objects, based on the "Regulation on Improving the Stratified Approach in Determining the Prices of State Services in the State Cadastre" approved by the Resolution of the Cabinet of Ministers No. 186 dated July 10, 2014 (in soums);
T — the payment for preparing the topographic plan of the land plot and adjacent areas, calculated as five times the basic amount for one hectare of land area (in soums).
"Land plots allocated for the implementation of public-private partnership projects, agreements, and contracts related to social partnership, as well as land plots provided to legal entities for public needs, shall not be privatized."
The land in cities and towns designated for public use, such as squares, streets, alleys, roads, shorelines, parks, boulevards, and recreation parks, cannot be privatized.
Land privatization means transferring a state-owned land plot, which is not intended for agricultural use, to the ownership of citizens and/or legal entities of the Republic of Uzbekistan.
Land privatization is carried out on a paid basis.
A land plot granted with the right of temporary use cannot be privatized.
According to Article 84 of the Civil Code of the Republic of Uzbekistan, the right of ownership and other real property rights, as well as their emergence, transfer to other persons, limitation, and cancellation, must be registered with the state.
In accordance with Article 681 of the Administrative Liability Code of the Republic of Uzbekistan, failure to timely apply to the authority responsible for registering the rights to the land plot, building, and structure with the state will result in a fine. The fine is set at ten times the base calculation amount for individuals and fifteen times the base calculation amount for officials.
If the type of rights to the land plot is not specified in the documents adopted before August 1, 2021, the land plot allocated for the construction of buildings and structures will be registered with the right of permanent use.
The land plot will not be re-privatized.
The ownership rights to the land plot will be re-registered in the name of the new owner.
Based on the Resolution No. 520 of the Cabinet of Ministers of the Republic of Uzbekistan, dated August 13, 2021, "On the Recognition of Rights to Real Estate Objects in the Asaka and Shahrihon Districts of Andijan Region," according to the results of the survey, leasehold rights to the land plot and ownership rights to buildings and structures have been recognized for residential properties in the Asaka and Shahrihon districts of Andijan region, which have been used by citizens for many years but did not have the necessary legal documents.
According to this resolution, there is no requirement to sign a lease agreement for the land plot.
According to Article 22 of the Land Code of the Republic of Uzbekistan, if the ownership rights, economic management rights, or operational control rights to a business, building, structure, perennial trees, or other real estate are transferred to another person, the rights to the land plot that is associated with these objects and necessary for their use—such as permanent ownership, perpetual inheritance rights, or rights to permanent use and lease—will also be transferred along with the objects.
To apply for the privatization of a land plot, applicants should visit the relevant State Services Centers in the area where the land plot is located, or they can register in the Unified Interactive State Services Portal (YIDHP) to use the state service electronically.
The application for land privatization must include the following scanned copies:
A power of attorney officially issued in the prescribed manner (if the applicant's representative is applying);
A decision on privatization of the land plot issued by the relevant governing body of a legal entity (if the applicant is a legal entity, and this is required according to its founding documents).
The procedure for allocating land plots, based on equal, transparent, and market principles, has been implemented to ensure stability in land-related property and legal relations, protect the land, guarantee the property rights of landowners, and, by determining the economic value of the land, facilitate its free circulation as an object of civil legal relations.
The process of gathering, reviewing, and coordinating materials related to the sale of land plots with the relevant authorities and organizations is carried out within the "YERELEKTRON" automated information system.
An "E-AUKSION" electronic trading platform has been created to enter, store, and process the necessary information for organizing and conducting electronic online auctions. It also provides an opportunity for interested individuals and legal entities to participate in such auctions. All processes are automated, and human involvement is not required.
For entrepreneurial activities, according to the "Regulation on the Procedure for the Implementation of Land Plot Sales and Lease for Entrepreneurial and Urban Development Activities through Electronic Online Auctions," approved by the Resolution No. 71 of the Cabinet of Ministers of the Republic of Uzbekistan dated February 14, 2022, land plots are allocated through an auction.
According to Article 16 of the Land Code of the Republic of Uzbekistan, land is state property – a national wealth. It must be used wisely, protected by the state, and is not subject to sale, exchange, donation, or pledge, except in cases specified by the laws of the Republic of Uzbekistan.
An object is considered an incomplete construction if, according to the approved project documentation for the allocated land plot, construction has started but was not completed within the specified timeframe, or if the construction was completed, but the building or structure was not accepted for use based on the certificate of acceptance (or the permit for use).
The registration of rights to incomplete constructions with the state registry is carried out by the registering authority if the relevant project organization confirms that the construction of these objects has started. In this case, the completion of the foundation of the building and the walls of the first floor is considered the basis for determining that construction has commenced.
In accordance with the "Procedure for Establishing State Service Fees in the Field of State Cadastral Registration of Real Estate Objects," approved by the Resolution No. 186 of the Cabinet of Ministers of the Republic of Uzbekistan on July 10, 2014, the fees for issuing a cadastral passport and registering property rights in the state registry have been established.
Cadastral documents, which include the registration of property rights in the state registry, are provided to the property owner in two forms. The first is the cadastral passport of the real estate object, and the second is an extract from the State Registry confirming the registration of the property rights.
Changes to the cadastral passport of real estate can be made for the following reasons:
Changes in the boundary of a land plot (length of the boundaries, number of turning points, or change in the turning angles of the boundary, while the cadastral number and intended purpose of the land plot remain unchanged);
The construction and commissioning of the upper floor, attached part of a building, or a separate structure;
The reconstruction and commissioning of a building or structure;
The demolition (destruction) of part of a building, structure, or an incomplete object;
A change in the intended use of the real estate;
Completion and commissioning of an incomplete construction object.
The cadastral passport is not updated when the type of property rights or the owner of the rights changes. When part of the real estate is transferred to another person or changes are made (such as reconstruction, the construction of additional buildings, and/or separate structures), the registration of the property rights in the state registry is carried out after the cadastral data has been compiled and the cadastral passport has been issued.
One of the main principles of the Law of the Republic of Uzbekistan "On State Registration of Property Rights" is the principle of mandatory state registration of property rights. In accordance with this principle, property rights and other real rights over real estate, including their emergence, transfer to another person, limitation, and termination, must be registered with the state.
No transactions (such as sale, donation, lease, or mortgage) involving real estate can be carried out without the state registration of the corresponding property rights.
