Uzbekistan

Registering Property in

Uzbekistan

Listed below is a detailed summary of the steps, time and cost involved in registering property, assuming a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute.

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  • Standard Property Transfer

  • Property Value: UZS 109,871,573.21
  • City: Tashkent

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No. Procedure Time to Complete Associated Costs
1 Seller applies for the reference about real property at the Cadastral Service office of the city district municipality

The seller has to obtain the cadastral packages of documents issued in his/her name, this documentation is valid one month. Seller applies for the Reference about real property at the Cadastre Service office ("one stop shop" department) of the City of Tashkent (Cadastre Service is subordinated to the State Committee of the Republic of Uzbekistan on Land Resources, Geodesy, Cartography and State Cadastre - Goscomzemgeodescadastre. The documentation shall include:
- Sale agreement (when purchased) which should be notarized or registered at the Real Estate Market, or State Order on privatization of property from the state issued by city municipality stating the value of property, or City Major’s resolution on acknowledging the property rights of the Seller
- Cadastral map/plan (already in his possession)
- Notarized copies of the seller’s constituent acts (Articles of Incorporation, Founding Charter, State Registration Certificate issued by city district municipality)
- Bank receipt confirming payment of registration fee (obtained in Procedure 1)

Agency: Cadastral Service Office 		5 days no cost
2 Seller obtaining document no: 1 from notary office

As part of the property transfer process, the seller is required to obtain a document from the Notary No: 1 office certifying absence of any court orders on the sale of the property.

Agency: Notary Office no: 1 		1 day no cost
3 Obtain document certifying that the building is not subject to demolition

Prior to selling a building to another party, the seller needs to obtain a clearance from the Disctrict Architect's office that the building subject to sale is not located on the "red line", i.e. is not subject to demolition by the Municipality. This document is valid for 5 years.

Agency: Disctrict Architect's office 		5 days no cost
4 Seller obtains tax clearance document

The seller needs to obtain a tax clearance certificate which would certify that the property being sold is free of any unpaid taxes.

Agency: Local Tax Authorities 		3 days no cost
5 Inspection of the property to determine its status

A land surveyor of the Cadastral Service of the municipality verifies the property to determine its cadastral value and update the cadastral map/plan. Inspection of the property is done to evaluate possible changes in technical parameters, new construction, reconstruction etc. According to the Uzbek legislation, Since 2008 valuation activity including real property is resposibility of private independent valuators/valuation organisations.

Agency: Cadastral Service Office 		About 7 days UZS 60,000-80,000
6 The Registration Office issues a registration certificate for building ownership

The seller’s application is reviewed by the registrar at the Registration Office. After the application is reviewed, the Registration Office issues a registration certificate for building ownership and the same for land lease (the seller receives the reference about real property non-encumbrances). While transfer the rights, the certificates about registration of rights for land parcel, building/construction, issued to seller, are exempted and the buyer is given a new one for his name.

Agency: Registration Office 		40 days no cost
7 Payment of registration fees, state fees and notarization costs at a commercial bank

The state fee is paid to the settlement account of the cadastral services through a bank. According to the Presidential Decree No UP-4253 from 15.11.2010 on the monthly wage is UZS 49,735, and the surface area is 929 m2 (for the building). The seller pays the registration fee before applying at the Cadastral Service office.

Agency: Commercial Bank 		1 day 2% of the minimum monthly wage per square meter of building area
8 Notarization of the sale agreement and foundation documents of seller and buyer

The sale agreement is notarized by a public or private notary. To notarize the sale agreement it is usually required to produce the original certificate of title registration. There is no legal requirement for the contract of sale of building and land plot to be prepared by a lawyer. The parties may prepare the contract themselves or use a model contract of sale. However, under the Uzbek legislation all economic contracts with the cost exceeding 200 minimum monthly wages shall be concluded only after issuance of lawyer's Legal Opinion on the contract. The legal opinion shall be made either by an in-house lawyer or by an advocate. The buyer and the seller sign and seal the sale contract. The buyer will need to take later the sale agreement signed and sealed by both parties for state registration of the transfer of title. Then, the buyer and the seller shall sign the acceptance report. There is no standard or specific form established for the acceptance report. According to the Civil Code, the parties shall sign an acceptance report or any other document on the transfer of real property from the seller to the buyer. The companies may use a lawyer to prepare the acceptance report that might charge between UZS 10,000 and 30,000.
At the same time, the notary will notarize the copies of Foundation documents (in the case of a limited liability company these would be Charter and Foundation Agreement) of the seller and the buyer. The originals of the foundation documents shall be presented to the notary. The minimum monthly wage is UZS 49,735 since 1st of December 2010 according to the Presidential Decree of 15.11.2010 #UP-4253.

Agency: Public or Private Notary 		1 day 5% of the MMW for each page of the foundation 4 documents (total 30 pages)
9 Buyer pays the registration fee at a commercial bank

The registration fee (amounting to half of the Minimum Monthly Wage, i.e. = UZS 24.868) shall be paid by the buyer to the account of the Registering Office for registration of transfer of the property rights in the real estate. The payment shall be made prior to the application for registration. The buyer will need to provide the Registering Office with the document confirming payment of the registration fee (payment receipt).

Agency: Commercial Bank 		1 day Half of the monthly minimum wage - UZS 24,868
10 Buyer applies for registration at the Registration Office

The buyer shall apply to the District (City) Registration Office (in this case this would be the service of corresponding Registration Office of the Department of Land Resources and State Cadastre of the city of Tashkent) for state registration of the transfer of title. He should produce the original sale agreement as well as the other documents required.
The right to own land is very limited in Uzbekistan. The overwhelming majority of legal entities in the city of Tashkent hold land plots under lease. The rest of them have either permanent use right or (very few) ownership right to land plots.

The documentation shall include:
Sale agreement
Bank certificate of payment received by seller under the Sale Agreement
Report of Property Acceptance
Seller’s cadastral package of documents
Application (in the established form)
The cadastral documents (files) on the land and the building (These documents should be in possession of the buyer) Each cadastral document contains a certificate of right of the Seller to the building/land plot
The inventory (cadastral) plans of the land and the building (These documents should be in possession of the Buyer)
The notarized copies of foundation documents (in case of Limited Liability Company these are Charter and Foundation Agreement) of the seller and the buyer or other documents providing the persons signing the sale contract with power to do so on behalf of the seller/buyer (e.g. power of attorney)
The contract of lease of land plot between the seller and the Khokimiyat (Local Government) of the city of Tashkent;
The document establishing right of ownership to the building. This would be most likely one of the following: Decision of Khokim (the head of local administration/municipality) on recognition of the ownership right, Order of ownership, sale contract concluded with the BTI (Bureau of Technical Inventarization). This document is not compulsory for submission after first registration, however usually this document must be in possession of owner of building.
Bank receipt confirming payment of registration fee

Agency: Registration Office - Department of Land Resources and State Cadastre - City of Tashkent 		1 day Already paid in procedure 6
11 The Registration Office issues a registration certificate with the name of the buyer

The buyer’s application is reviewed by the Registration Office. The Registrar inspects the authenticity of the presented documents, including verification through the database and makes a decision about registration, registers in the cadastral book (computer), and issues the certificate about title registration to the new owner. The District (City) Registration Office shall enter the corresponding alterations into the District (City) land-cadastral Book, the District (City) cadastral Book (of the buildings and constructions) and the cadastral documents (cadastral file of the building; the cadastral file of land plot; cadastral plan of the building and the cadastral plan of the land plot). The Registration Office shall terminate the certificates of registration of the property issued to the seller, the lease contract (on the land plot) with the previous lessee (the seller) and provide conclusion of the contract of lease with the new lessee (the buyer). After the registration, the following documents shall be tendered to the Buyer by the Registry (cadastral package):
(1) cadastral document (file) of the building (with the new certificate of registration of right of ownership to the building);
(2) cadastral document (file) of the land plot (with the certificate of registration of the right of lease to the land plot);
(3) cadastral plan of the building;
(4) cadastral plan of the land plot;
(5) the lease contract on the land plot between the new lessee (the buyer) and the Khokimiyat (Local Government) of the city of Tashkent;
(6) the document (original) establishing right of ownership to the building (the one submitted to the Registry) with alterations made as regards the name of the owner provided it was submitted to the Registry.

Agency: Registration Office 		10 days Already paid in procedure 6
12 Submit the cadastral package to the local tax authorities

Buyer submits the copy of Cadastral package to local tax authorities in order to update the land and property taxation records to the new owner's name.

Agency: Local Tax Authorities 		2-3 days no cost
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