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LAW OF THE REPUBLIC OF UZBEKISTAN

of November 28, 2022 No. ZRU-803

About state registration of the rights to real estate

Accepted by Legislative house on June 21, 2022

Approved by the Senate on October 7, 2022

Chapter 1. General provisions

Article 1. Purpose and coverage of this Law

The purpose of this Law is regulation of the relations in the sphere of state registration of the rights to real estate.

Operation of this Law extends to state registration of the rights to the following types of real estate:

parcels of land;

buildings, constructions, including objects of construction in progress;

long-term plantings;

company as property complex.

Operation of this Law does not extend to state registration of the rights to subsoil.

Article 2. Legislation on state registration of the rights to real estate

The legislation on state registration of the rights to real estate consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about state registration of the rights to real estate then are applied rules of the international treaty.

Article 3. Basic concepts

In this Law the following basic concepts are applied:

identification data - surname, name, middle name, day, month, year of birth, personal identification number, nationality, the residence of physical person; full name, registration number and date of state registration of the legal entity or individual entrepreneur, day, month, year of birth of the individual entrepreneur, identification taxpayer number - the legal entity or the individual entrepreneur, the location address of the legal entity or the residence of the individual entrepreneur;

the cadastral passport - the electronic document containing general information about real estate object and cadastral number of object;

primary state registration of the rights to real estate - entering into the state register of the first record about the rights to real estate in the course of its creation (forming), and also on the existing (created) real estate, state registration of the rights to which was not carried out;

state registration of the rights to real estate - recognition by the state of the fact of origin, transition, restriction and the termination of the rights of legal entities and physical persons to real estate;

restriction of the rights to real estate - the conditions established by transactions, acts of the legislation or authorized body which limit possibility of ownership, use or order of real estate, and also property rights of persons who are not owners of real estate (pawnbrokers, lessees, creditors and others), on this real estate;

technical inventory count of real estate - collection, establishment and processing of data on availability, the location, structure, the area, condition, cost and other characteristics of real estate on the basis of results of inspection of real estate;

cadastral number of object - the individual, not repeating in the territory of the Republic of Uzbekistan number of the parcel of land, the building or construction which is assigned in case of its forming and remains for its existence as single object of the registered right;

documents of title - the documents determining origin, transition, restriction and the termination of the rights to real estate;

the owner - the legal and (or) physical person having the right to real estate based on state registration of the right to this real estate.

Article 4. Basic principles of state registration of the rights to real estate

The basic principles of state registration of the rights to real estate are:

legality;

obligation of state registration of the rights to real estate;

priority of the registered rights to real estate;

openness of information on the rights to real estate;

comparability and compliance.

Article 5. Principle of legality

State registration of the rights to real estate shall be performed with observance of requirements of the Constitution of the Republic of Uzbekistan, this Law and other acts of the legislation.

Article 6. Principle of obligation of state registration of the rights to real estate

The property right to real estate and other property rights, origin, transition, restriction and the termination of these rights are subject to state registration.

Article 7. The principle of priority of the registered rights to real estate

In case of state registration the right of the first state registration in body for registration of the rights to real estate, is priority.

Article 8. Principle of openness of information on the rights to real estate

Results of state registration of the rights to real estate are open for all, except for the data including the state secret or other secret protected by the law.

Article 9. Principle of comparability and compliance

The data included in the state register shall be comparable and correspond to data in the documents submitted for state registration of the rights to real estate.

Article 10. The rights and the restrictions for real estate which are subject to state registration

The following rights or restrictions for real estate are subject to state registration:

property right;

right of permanent ownership;

right of permanent use;

right of lifetime inheritable possession;

lease right;

sublease right;

right of economic maintaining;

right of operational management;

right of trust management of real estate;

right of free use;

rent;

mortgage;

servitude;

the restrictions of the rights to real estate following from the law or imposed (established) by authorized state bodies.

Article 11. Sequence of state registration of the rights to real estate

State registration of the rights to buildings, constructions, and also objects of construction in progress is not performed before state registration of the rights to the parcel of land on which this real estate is located.

State registration of the rights to part of the building (the apartment, the room) is not performed before state registration of the right to the building in which they are located.

State registration of the right to the company in general as property complex is not performed before state registration of the right to the parcels of land, buildings and constructions which are part of this company.

State registration of transition to other persons, restrictions and the terminations of the right to real estate is not performed before state registration of emergence of the appropriate right.

Article 12. Cancellation of state registration of the rights to real estate

State registration of the rights to real estate can be cancelled by the commission on pre-judicial dispute settlement, the rights to real estate arising in case of state registration (further - the Commission), or by a court decision.

Chapter 2. Public administration in the sphere of state registration of the rights to real estate

Article 13. Powers of the Cabinet of Ministers of the Republic of Uzbekistan in the sphere of state registration of the rights to real estate

Cabinet of Ministers of the Republic of Uzbekistan:

provides realization of single state policy in the sphere of state registration of the rights to real estate;

determines the priority directions of development in the sphere of state registration of the rights to real estate;

determines the amount of payment for state registration of the rights to real estate;

approves forms of statements from the state register;

determines procedure for advanced training and certification of registrars;

establishes procedure for assignment of cadastral numbers;

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