Tashkent, Uzbekistan (UzDaily.com) – President Shavkat Mirziyoyev has signed the law "On Recognizing Rights to Land Plots and Buildings Illegally Occupied."
This decision, affecting millions of families, has been eagerly anticipated by many citizens of our country. According to preliminary data, there are currently more than 3.6 million land plots for which legal documents are either incomplete or not yet issued.
In connection with this, on 21 November 2023, President Mirziyoyev emphasized the need for a legal resolution to this issue during a video conference on land accounting and cadastre. A draft law was developed with the participation of sector specialists and deputies, taking into account the positive experiences of Italy, Bulgaria, Croatia, the Czech Republic, and other countries. The draft was revised and reviewed by the chambers of the Oliy Majlis.
The law comprises six chapters and 35 articles, recognizing rights to the following land plots and properties:
1. Land plots illegally occupied by citizens before 1 May 2018, for the construction of individual housing, and the buildings and structures erected on them;
2. Land plots occupied by citizens and organizations before 1 May 2018, beyond the area specified in the documents, and the buildings and structures erected on them;
3. Land plots for which rights were not fully recognized under the "one-time action" and the buildings and structures on them;
4. Land plots allocated by the decision of the district (city) khokim before 8 June 2021, but not approved by the regional hokim or the People’s Deputies Council;
5. Residential premises within horticultural and viticultural associations and the land plots they occupy;
6. Land plots of entrepreneurs located in small industrial zones before 9 March 2020;
7. Land plots occupied by buildings and houses privatized by government order;
8. Land plots occupied by buildings and houses recognized as property by the decision of the hokim.
The law also clearly defines the main conditions for recognizing rights. For instance, the land plot must not be allocated to other persons or put up for auction; there must be no disputes over the land; and there should be no contradiction to the master plan.
Recognition of rights will occur in stages by regions. Coordination of information and documents regarding illegally occupied land plots and the buildings and structures on them will be done through the automated information system of the Cadastre Agency. This system will also include relevant information from 15 authorized organizations.
The completeness and legality of collected documents will be verified by regional justice departments. Results will be announced on the Cadastre Agency’s website and in neighborhood corners. Citizens who receive a positive decision will be sent an SMS notification, based on which a one-time payment will be made. Following this, rights will be recognized quarterly by the regional People’s Deputies Council.
The prosecution, internal affairs, agroinspection, ecology, and cadastre authorities will establish state control over the implementation of the law. Special attention is also given to public oversight. Public groups will be created in each neighborhood by the decision of district councils of people’s deputies. These groups will include the deputy of the district council elected from the district where the neighborhood is located, the neighborhood chairman, and active citizens.
A one-time payment is required for recognizing rights to land plots under residential buildings, privatized or recognized as owned buildings and structures. The payment amounts to 5 basic calculation amounts in Tashkent city, 3 BCAs in Nukus city and regional centers, 2 BCAs in other cities, and 1 BCA in other settlements. Discounts are provided to individuals included in the Unified Social Protection Register and persons with disabilities.
The one-time payment will cover the expenses of the cadastre and justice bodies, as well as the "Uzbekcosmos" Agency. Remaining funds will be directed to initiatives under the local budget, i.e., to neighborhoods.
The law will come into effect in three months, during which time explanatory and preparatory work will be carried out. The law will remain in force until 1 January 2028.
It should be noted that work in this direction has already begun in the Republic of Karakalpakstan. By the Presidential Decree of Uzbekistan dated July 28, 2023, the recognition of rights to undocumented residential houses and land plots in the region was permitted by the decision of the Jokargy Kenes of the Republic of Karakalpakstan.
Subsequently, working groups were established in all districts and cities to review 43,432 houses built in the Republic of Karakalpakstan without legal documents. The location, condition, and construction date of the houses were verified through land accounting and satellite imagery.
Following thorough discussion, property rights were recognized for 27,590 residential houses and land lease rights for the plots they occupy.
The results of this commendable policy have positively impacted the lives of over 100,000 citizens residing in 27,590 houses. They now have the right to legally formalize their homes, sell them to others, register family members permanently, and obtain preferential loans for repairs or additional construction. In case of expropriation for public needs, they can also claim compensation according to the law.
The law "On Recognizing Rights to Illegally Occupied Land Plots and the Buildings and Structures Erected Thereon" will extend this noble work nationwide. Given that each of the more than 3.6 million land plots involves an average of 3-4 citizens or entrepreneurs, this law will address the issues of over 10 million people and create a legal foundation for their future lives.