RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of February 25, 2013 No. 54

About measures for cardinal simplification of system of provision of the parcels of land for implementation of town-planning activities and other nonagricultural needs, and also issue of construction permits of objects

According to the Presidential decree of the Republic of Uzbekistan of July 18, 2012 No. UP-4455 "About Measures for Cardinal Improvement of Business Environment and Provision of Bigger Freedom to Entrepreneurship", and also for the purpose of further simplification of system of provision of the parcels of land for implementation of town-planning activities, cardinal reducing quantity, terms and cost of allowing procedures on construction of facilities the Cabinet of Ministers decides:

1. Establish procedure according to which:

preparation and approval of materials at the choice and withdrawal of the parcel of land with authorized bodies are performed by territorial subdivisions of the State committee of the Republic of Uzbekistan on architecture and construction, and also branches of the state company of land management and the inventory of the real estate of the Republic of Karakalpakstan, areas and Tashkent in the respective areas (cities), by the principle "one window";

non-presentation of reasonable refusal by authorized bodies on the submitted application during the term established by the legislation is recognized approval of the submitted application (except for objects with the maximum category of complexity (risk));

involvement of applicants by state bodies in process of preparation and approval of the materials necessary for provision of the parcels of land is not allowed.

2. Approve:

Regulations on procedure for provision of the parcels of land in settlements for implementation of town-planning activities, designing and registration of construction objects, and also acceptance for operation of objects according to appendix No. 1;

Regulations on procedure for provision of the parcels of land out of settlements for nonagricultural needs, and also for construction of facilities, placed in the territory of two and more areas or areas, according to appendix No. 2.

3. To the state committee of the Republic of Uzbekistan on architecture and construction together with the interested ministries and departments in two-month time to make offers in the Cabinet of Ministers of the Republic of Uzbekistan:

on widespread introduction of electronic system of implementation of reconciliation procedures of materials at the choice and withdrawal of the parcels of land with authorized organizations, and also issues of construction permits;

on enhancement of activities of self-supporting production departments under departments (managements) of architecture and construction of areas (cities);

about the changes and amendments in the legislation following from this resolution.

4. Recognize invalid some decisions of the Government of the Republic of Uzbekistan according to appendix No. 3.

5. To impose control of execution of this resolution on the deputy prime minister of the Republic of Uzbekistan B. I. Zakirov.

Appendix No. 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of February 25, 2013 No. 54

Regulations on procedure for provision of the parcels of land in settlements for implementation of town-planning activities, designing and registration of construction objects, and also acceptance for operation of objects

I. General provisions

1. This Provision according to the Land code and the Town-planning code of the Republic of Uzbekistan determines procedure for provision of the parcels of land to legal entities and physical persons in settlements in permanent, temporary use and lease for town-planning activities, project development of construction, registration of objects, and also their acceptance in operation.

Requirements of this provision do not extend to provision of the parcels of land:

from the lands which are not part of lands of settlements;

for construction of facilities, placed in the territory of two and more areas (cities) or areas;

located in the territory of special economic and industrial zones;

located in the territory of small industrial areas;

for citizens for the purpose of construction of certain individual apartment houses;

for construction of facilities of roadside infrastructure and service along the Uzbek national highway;

the area to hectare 1,0 inclusive, provided for implementation of business activity on the basis of tender.

2. In this Provision the following basic concepts are used: the earth of settlements - the lands which are in limits of borders of the cities and settlements, and also rural settlements;

the parcel of land - the part of land fund having the fixed border, the area, location, legal regime and other characteristics reflected in the state land cadastre;

the state land cadastre - system of data and documents on natural, economic and legal regime of lands, on their categories, quality characteristic and value, about location and the sizes of the parcels of land, their distribution on land owners, land users, lessees and owners;

provision (realization) of the parcel of land to legal entities and physical persons - package of measures for placement, preparation of materials for the choice and withdrawal of the parcel of land and decision making of the government by relevant organ for provision of the parcel of land;

the right of legal entities and physical persons to the parcels of land - the right of possession, uses and leases on the parcel of land provided to legal entities and physical persons;

withdrawal of the parcel of land - legal act on the termination of the rights of legal entities and physical persons to the parcel of land or on its part, performed by public authorities according to the procedure, established by the legislation;

settlement border - the external borders of city lands, the settlement, rural settlement approved in accordance with the established procedure according to town-planning and land management documentation;

the master plan of the settlement - the town-planning document determining complex conditions of forming of living environment, the main directions of territorial development of settlements;

the project of the architectural and planning organization of the territory of descent of citizens of kishlak (aul) - the complex town-planning document providing solutions of basic town-planning tasks planning structure of rural settlements, complex development of the territory of descent of the citizens of kishlak (aul) and its zoning with creation of full-fledged architectural appearance providing improvement of conditions of accommodation of the population, further development of agricultural production, environmental protection, effective use of natural, labor and material resources;

the construction project - documentation determining space-planning, constructive and technical solutions, the construction cost, reconstruction and major repair of buildings, constructions and other objects, and also improvement works which is the basis for issue of construction permit of object;

town-planning activities - activities of relevant organs of the government, legal entities and physical persons in the field of town-planning development planning of the territories, settlements, determinations of types of use of the parcels of land, productions of construction materials and products, designings, constructions and reconstruction of buildings, constructions and other objects taking into account interests of citizens, public and state interests, and also national, historical and cultural, ecological, natural peculiarities of the territories and settlements;

the state town-planning inventory - system of the updated reliable information about subjects of the state town-planning inventory, their geographical location, legal status, quantity and quality characteristics and economic evaluation;

The republican commission - the permanent commission created under the Cabinet of Ministers of the Republic of Uzbekistan for consideration of questions of provision (realization) of the parcels of land in ownership, use and lease.

3. Town-planning, economic, environmental, health and other requirements in case of placement of the parcels of land are established by the legislation.

4. Provision is made for town-planning activities of the parcel of land which is in ownership, use, lease or property of legal entities or physical persons only after withdrawal (redemption) from them of this parcel of land in accordance with the established procedure.

The decision on withdrawal of the parcel of land and demolition of apartment houses, other structures, constructions or plantings is accepted according to master plans, and also drafts of the detailed layout and building of residential districts and residential districts of settlements.

5. Preparation of materials at the choice and withdrawal of the parcel of land for construction and their approval of authorized bodies are performed by department (management) of architecture and construction of the area (city) of the principle "one window".

6. Works on preparation and approval of materials on the choice and withdrawal of the parcel of land are carried out on contract basis with legal entity or physical person.

The means which arrived as a result of accomplishment by department (management) of architecture and construction of the area (city) of contractual commitments are enlisted on the settlement account of department (management), except the cases provided by this Provision.

7. The town-planning activities connected with provision of the parcels of land are based on the following town-planning documentation on development and building of the territories of settlements and the mezhselenny territories (further - town-planning documentation):

master plans of settlements;

projects of city and settlement line;

industry schemes of development of the territories of settlements;

projects of the architectural and planning organization of the territory of descents of citizens of kishlaks (auls) (APOT);

drafts of the detailed layout of parts of the territory of the settlement (PDP);

projects of building.

8. Provision of the parcels of land in the territory of settlements without master plan of the settlement, the project of the architectural and planning organization of the territories of descents of citizens of kishlaks (auls) and the draft of the detailed layout of the parts of the territory of the settlement, except as specified, provided by this Provision is forbidden.

II. Procedure for provision of the parcel of land in the absence of town-planning documentation

9. The legal entities and physical persons interested in provision of the parcel of land by it submit the application to hokim of the area (city) in the location of the asked parcel of land.

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