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The main goals and objectives of the Department of state registration of rights to real estate are the organization and implementation of state registration of rights to real estate.
It is known that in order to regulate relations in the field of state registration of rights to real estate, the Law of the Republic of Uzbekistan “On State Registration of Rights to Real Estate” was adopted. The law was signed by the President of the Republic of Uzbekistan. dated November 28, 2022 and entered into force on March 1, 2023.
This Law applies to state registration of rights to the following types of real estate:
- on land plots;
- buildings, structures, including unfinished objects;
- perennial trees;
- to the enterprise as a property complex.
This Law does not apply to state registration of subsoil rights.
The main principles of state registration of rights to real estate are as follows:
- legitimacy;
- obligatory state registration of rights to real estate;
- priority of rights to real estate registered by the state;
- openness of information about the rights to real estate;
- comparability and compatibility.
Property rights to immovable property and other property rights, the fact of the emergence of these rights, their transfer to another person, limitation and termination must be registered in the state register. Real estate transactions made without state registration of rights to real estate objects are recognized as invalid.
The following rights or restrictions on immovable property must be registered in the public register:
- ownership;
- permanent ownership;
- the right of permanent use;
- the right of lifetime ownership is inherited;
- the right to lease;
- the right to secondary lease;
- the right to manage the economy;
- the right of operational management;
- the right to trust management of real estate;
- the right to free use;
- rent;
-mortgage;
- easement;
- restrictions on the rights to real estate arising from the law or imposed (established) by authorized state bodies.
The State Cadastral Chamber of the Cadastre Agency is the body for state registration of rights to real estate, and the powers of it and its territorial branches in the field of state registration of rights to real estate include:
- organizes and carries out state registration of rights to real estate;
- maintains the state register, ensures the protection of information in the state register from misuse, theft and destruction;
- approves the rules of state registration;
- holds competitions for filling the positions of the chief registrar and the registrar of the registration authorities, maintains a register of registrars;
- develops guidelines for registrants on issues of state registration of rights to real estate and provides them with methodological assistance;
- considers appeals of individuals and legal entities in the field of state registration of rights to real estate;
- exercises control over the state registration of rights to real estate;
- appeals to the Commission in cases of non-compliance with the requirements of the law, identified as a result of monitoring the state registration of rights to real estate, as well as in case of dissatisfaction with the decision of the Commission, interested persons or registration rights to real estate considers applications of alienators in a collegial manner;
- collects, analyzes and summarizes information on state registration of rights to real estate;
- annually collects, analyzes, summarizes and publishes summary indicators of the state register in the media.
The registering body may exercise other powers in accordance with the law.
Among other things, the Law pays special attention to the activities of the Commission for resolving disputes in court arising from state registration of rights to real estate.
According to it, an interested person who is dissatisfied with the conclusion of the registrar must apply to the Dispute Resolution Commission in pre-trial order, and in case of dissatisfaction with the decision of the Commission, register the rights to real estate with an appeal to the Court of Appeal. commission, a collegiate body that considers applications from applicants.
Disputes arising from the state registration of rights to real estate objects are considered by the commission within ten days from the date of receipt of the application.
The law establishes the grounds for making changes and additions to the State Register, according to which corrections to the State Register do not lead to the emergence, transfer, restriction or termination of rights to real estate State registration of rights to real estate is carried out at the initiative of the right holder or registrar in connection with the correction of an error leading to no change in status.
Correction of errors and technical errors made by the registrant, as well as replacement of documents issued by the registration authority containing such errors, is free of charge.
Entries made in the state register are annulled by the decision of the commission or the court.
Changes made to the state register as a result of correcting a technical error are canceled by a decision of the Commission or a court.
Cancellation by the court of an entry in the state register and (or) invalidation of documents confirming the right to real estate, cancellation of the legal consequences associated with the registration of the right to real estate, are the basis for
In case of cancellation of the next entry made in the state register, the previous entry remains in force.
The registrant is obliged to notify the Commission or the court, as well as right holders or their representatives of the cancellation of the corresponding entry in the state register within three working days from the date of cancellation.
To date, state registration of ownership of real estate and other real rights, the fact of the emergence of these rights, their transfer to another person, limitation and termination is carried out by submitting an electronic application.
Owners of a real estate object or legal entities and individuals who are owners of property rights to this object, or their authorized representatives upon creation, transfer to another person, restriction of ownership or other property rights to a real estate object, or in case of cancellation or change in the legal status of the object real estate within one month from the date of the change in the legal status of the property with the attachment of documents defining the right, to the State Service Centers or the Unified through the public services portal, and when issuing a letter of security, they must contact the body transferring the state registration of rights to the property.
Deadlines for the provision of registration services:
- If there are documents confirming the right to real estate, the registrar registers the rights to real estate within two working days from the date of receipt of the documents.
- if there are minor technical deficiencies in the submitted documents and the possibility of their elimination, or additional documents are required, the registrar has the right to suspend registration for up to three days, make a decision within one day, and sends the decision to the appropriate organization;
- When submitting documents with the elimination of these shortcomings, state registration of rights to real estate objects is carried out within two working days from the date of submission of documents.
- State registration of the mortgage agreement is carried out within one day from the date of acceptance of the application for consideration by the Center.
For state registration of rights to a real estate object and transactions concluded with them, approved in accordance with the annex to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 186 dated October 07, 2014 “In the field of the state cadastre of real estate objects The following fees are charged in accordance with the procedure for setting prices for utilities .
State registration of rights to real estate and transactions concluded with them
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1. |
Extracts from the state register of residential real estate of individuals with a total area of up to 100 sq. |
1.25 times the base settlement amount |
|
2. |
Residential real estate objects with a total area of 101 to 300 square meters of individuals and extracts from the state register |
2.0 times the base settlement amount |
|
3. |
Extracts from the state register of residential real estate of individuals with a total area of more than 301 sq. |
3.0 times the base calculation amount |
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4. |
Residential real estate objects of legal entities and extracts from the state register |
5.0 times the base calculation amount |
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5. |
Extracts from the state register of non-residential real estate of individuals |
3.0 times the base calculation amount |
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6. |
Non-residential real estate objects of legal entities and extracts from the state register |
5.0 times the base calculation amount |
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7. |
State registration of the rights of individuals to a land plot provided for the construction of a residential building and extracts from the state register |
1.0 times the base settlement amount |
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8. |
State registration of the rights of individuals to a land plot provided for non-residential facilities, and extracts from the state register |
3.0 times the base calculation amount |
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9. |
State registration of rights to a land plot granted to legal entities and extracts from the state register |
5.0 times the base calculation amount |
|
10. |
State registration of the rights of individuals (with the exception of farms not established as a legal entity) to a land plot provided for agriculture, and extracts from the state register |
1.5 times the base settlement amount |
|
11. |
State registration of rights to a land plot provided for agricultural purposes to legal entities (with the exception of agricultural holdings created by legal entities) and extracts from the state register |
2.5 times the base settlement amount |
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12. |
State registration of a mortgage and a mortgage agreement, as well as the right to lease, easement to a land plot and registration of a pledge letter |
1.25 times the base settlement amount |
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13. |
Providing a certificate of the presence (absence) of residential premises in the property |
3 percent of the base calculation amount (per citizen) |
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14. |
Provision of cadastral data for real estate |
5 percent of the base payment amount (free for government agencies) |
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15. |
Registration of real estate and issuance of a cadastral passport based on a cadastral certificate prepared by a certified cadastral engineer |
a) 1.0 times the amount of the base calculation b) 2.0 times the size of the base calculation, when the calculation of the cadastral value of the property is required |
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16. |
Extracts from the state register of long-term registration of individuals |
3.0 times the base calculation amount |
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17. |
Extracts from the state register of long-term accounts of legal entities |
5.0 times the base calculation amount |
Note: In case of state registration of rights to a real estate object and transactions with them:
when changing the surname, name and patronymic of a citizen;
in accordance with the law when changing the name and boundaries of settlements, including when they are transferred from one locality to another (with the exception of cases of reconstruction, completion and separate construction in a residential or non-residential property);
in the event of a change in the name and boundaries of settlements in accordance with the law, including when they are transferred from one locality to another (in cases of reconstruction, completion and separate construction in a residential or non-residential property and the right passes to another person, except for);
The fee is not charged when changing the legal form and (or) the name of an economic entity.
The cost of public services for persons registered in the information system "Unified Register of Social Protection", as well as for disabled people of groups I and II and participants in the Second World War is 50% of the total cost of services (except for cases of applying for business purposes or as a representative legal entities, except for).
The following reduction coefficients are applied to the fees charged from individuals for the provision of public services:
in districts (with the exception of districts that are part of the city, cities subordinate to the district, and cities that are the center of the district) - 0.9;
in remote and mountainous areas - 0.8.
In accordance with the Law of the Republic of Uzbekistan "On farms", no fee is charged for state registration of rights to land plots provided for farming.
Public services of court administrators are provided without prepayment, the place of payment for this service is determined by the court administrator in part one of Article 150 of the Law of the Republic of Uzbekistan "On Insolvency". in the prescribed manner.
According to Article 681 of the Code of Administrative Responsibility of the Republic of Uzbekistan, late application for state registration of the right to real estate is ten times the amount of the basic calculation for citizens. We remind you that officials will be fined fifteen times the amount.
