Decree of the President of the Republic of Uzbekistan dated 27 July 2018 No. DP-5490 “On measures to further improve the system of protection of rights and legitimate interests of business entities”;
Decree of the President of the Republic of Uzbekistan dated 7 September 2020 No. DP-6061 “On measures to radically improve the system of land records and state cadasters”;
Resolution of the Cabinet of Ministers of the Republic of Uzbekistan dated 22 July 2021 No. 389 “On approval of certain normative legal acts regulating the scope of state cadasters”;
Regulation “On the procedure for state registration of rights to immovable property” approved by the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan dated 29 December 2018 No. 1060;
Schedule to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan dated 10 July 2014 No. 186.

The following basic concepts are used in this article:

Cadastral file – an electronic collection of documents, materials and data of cadastral surveys, technical inventories and passports, special examinations and investigations, qualitative and cost evaluation of an object necessary for the formation, accounting and subsequent state registration of rights to immovable property.[1]

Cadastral passport – an electronic document containing general information on the immovable property and the cadastral number of the property.[2]

As is known, all transactions involving immovable property require the individualisation of the property, which shows the great importance of a properly prepared cadastral file. This article gives a detailed overview of what a cadastral survey is, which documents it consists of, for which objects its registration is compulsory, and the procedure for changing and drawing up a cadastral survey.

2. Drawing up a cadastral file

In order to obtain a cadastral file, the applicant (natural or legal person) shall apply in person to the Public Service Centers (hereinafter “Center”) or submit a request electronically through the Unified portal of interactive public services or conclude a contract (agreement) with the cadastral engineers for the provision of services.[3]

The application (agreement) specifies the type of immovable property, the right which is subject to state registration, the name of the improvable property for which the cadastral file is prepared or reissued, and the date of its preparation (if any).[4] Moreover, the following materials shall be attached to the application (agreement):

Document confirming the payment of the fee for registration of the rights to immovable property;[5]
Documents confirming rights to land, buildings, structures and perennial plantations;

Currently, the documents proving rights to immovable property are а) an extract from the state register of rights to immovable property (Schedule No. 1 to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan dated 29 December 2018 No. 1060); b) certificate of registration of rights to immovable property, but only issued before 1 October 2018. The registration of rights to immovable property was canceled from 1 October 2018 by Decree of the President of the Republic of Uzbekistan dated 27 July 2018 No. DP-5490. Simultaneously, the procedure for issuing extracts from the state register of rights to immovable property, which are documents confirming rights to immovable property, has been introduced. However, all certificates issued before this change are also valid.

Court decision (in case of transfer of rights to buildings, structures and perennial plantings by a court decision);
Other documents in the possession of legal and natural persons confirming rights to immovable property.

Based on the results of the prepared cadastral file, a cadastral passport is issued to the owner or a person acting under his/her power of attorney, as well as the owner’s heir[6].

A cadastral file is prepared by summarising materials and information on the geographical location, legal status, size, qualitative characteristics and value of the immovable property, as well as current changes in its condition and documents confirming rights to immovable property, and is to be permanently kept (in paper and electronic form) in the Chamber of State Cadasters of the Cadaster Agency under the State Tax Committee of the Republic of Uzbekistan (hereinafter “the Chamber of State Cadasters”).[7]

The cost of public services for cadastral registration is shown in the following table (according to Schedule to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan dated 10 July 2014 No. 186).

No.	Name of public services	Cost of public services
I. Preparation of a cadastral passport and registration of cadastral documentation for objects of immovable property in terms of non-residential buildings and structures
1.1.	Immovable property with a total area of up to 100 sq. m	1,25 BCA*
1.2.	Immovable property with a total area from 100 sq. m. to 1000 sq. m	1 % of the BCA per 1 sq. m of the object area with a 25 % increase
1.3.	Immovable property with a total area from 1000 sq. m. to 5000 sq. m	15 BCA with an increase of 25 %
1.4.	Immovable property with a total area from 5000 sq. m. to 15000 sq. m	30 BCA with an increase of 25 %
1.5.	Immovable property with a total area from 15000 sq. m. to 50000 sq. m	50 BCA with an increase of 25 %
1.6.	Immovable property with a total area of over 50000 sq. m	70 BCA with an increase of 25 %
II. Preparation of a cadastral passport and registration of cadastral documentation for objects of immovable property in terms of housing stock
2.1.	Flat in an apartment building	1 % of the BCA per 1 sq. m of the object area with a 25 % increase
2.2.	Individual residential house	1 % of the BCA per 1 sq. m of the object area with a 25 % increase
III. Preparation of a cadastral passport and registration of cadastral documentation for land plots
3.1.	Land plot provided for individual housing construction, if a land allotment file is available	Free
3.2.	Land plot provided for individual housing construction in the absence of a land allotment case	1,25 BCA
3.3.	Land plot provided for dehkan farming	1,25 BCA
3.4.	Land plot provided for the construction of non-residential facilities	1,25 BCA
3.5.	Land plot provided for agricultural purposes	2,5 BCA

Depending on the complexity of the cadastral object, the preparation of the cadastral file is carried out within the following time limits:

in terms of residential immovable property:

flat in an apartment building – up to 3 working days;
individual accommodation – up to 5 working days;

in terms of immovable property relating to non-residential premises :

total area 100 sq. m. – up to 5 working days;
total area from 100 sq. m to 1000 sq. m – up to 7 working days;
total area from 1000 sq. m to 5000 sq. m – up to 10 working days;
total area from 5000 sq. m to 15000 sq. m – up to 15 working days;
total area from 15000 sq. m to 50000 sq. m – up to 20 working days;
total area over 50000 sq. m – up to 25 working days;
for allotted land plots – up to 3 working days.

In general, the cadastral file consists of parts such as a) cadastral details of the land; b) cadastral details of buildings and structures. However, at the request of persons, it can be prepared separately if the objects of immovable property and rights to them arose at different times.

It is prepared in the state language as an electronic document, and can also be produced in paper form on the basis of an electronic document. In the Chamber of State Cadasters, it is stored in paper and electronic form.

3. Components of a cadastral file

3.1. Cover of the cadastral file

Cover of the cadastral file is formed in the electronic information system and reflects the name of the district (city) branch of the Chamber of State Cadaster or the cadastral engineer who prepared the cadaster file, the location of the object of immovable property and all other data on the object of immovable property[8].

3.2. Documents confirming the state registration of rights to immovable property

After the state registration of rights to immovable property, information on the state registration of rights to immovable property is entered into the cadastral file

Rights to objects of immovable property, and the occurrence, transition, restriction and termination of such rights, are subject to state registration; the rights enter into force after state registration. A description of the procedure for state registration of rights to immovable property is available here.

3.3. Cadastral data of the land plot

During preparing the cadastral data for a land plot, work is carried out to examine the topographic data for the land plot, documents restricting rights to it and the existence of easements. An inventory of the land plot is made and the boundaries and also area of the land plot are verified. The following documents are prepared:

3.3.1. Deed on defining and agreeing the boundaries of a land plot (hereinafter “the Deed”)

It shall be drawn up according to the standard form given in Schedule No. 10 to the Regulation dated 22 June 2021. It shall contain the following data:

name, date and number of the document proving right to the land plot;
land plot location address;
a description of the boundaries of the land plot;
total area of the land plot – according to the documents and actual;
functional use of the land plot, as indicated in the documents on the provision of the land plot, and the actual type of use;
bonitet points and the normative value of land used in agriculture;
other necessary data about the land plot.

The Deed shall be signed by the drawer and the head or authorised representative (in the case of a legal person); by a natural person or his/her representative (in the case of a natural person). The Deed shall also be agreed with the owners of the rights to the adjacent plots.

3.3.2. Cadastral plan of the land plot

An electronic-digital cadastral map of the land plot is drawn up. It shall contain the following information:

buildings, structures and other geographical objects;
protected areas of the land plot as established by the public authorities and the boundaries of squatted land (if any);
adjacent land plots and the names of the owners of the rights to them.

The cadastral plan is printed out and signed by the planner, the owner of the rights to the land plot, and is agreed with the owners of the rights to the adjacent land plots, and is attached to the Deed on the determination and agreement of the borders of the land plot as an integral part thereof.

3.3.3. Cadastral passport of the land plot

It shall be prepared in accordance with the template provided in the Schedule No. 5 to the Regulation dated 22 June 2021. It includes the following data:

owner of the right to the land plot: full company name of the legal entity or the surname, first name and patronymic of the natural person;
functional use of the land as documented and actual use;
land plot location address;
cadastral number of the land plot;
type of right to land plot;
term of use of the land plot;
total area of the land plot – according to the document on the provision of the land plot and actually used;
name, date and number of the document proving right to the land plot;
information on the restriction of the right to a land plot, easements and other conditions – types, content, grounds and validity period;
information on protected areas – the type of object with the designated protected area and the space of the protected area;
information on the perennial plantations on the land plot: species and number;
data on the state registration of the right to land plot – registration number and date of entry in the State register of rights to immovable property and transactions with them, number and date of issue of state registration certificate (if any);
information on land plot valuation – normative value of agricultural land, year of valuation;
other information relating to special structures.

3.4. Cadastral data on buildings and structures

The following documents are prepared:

3.4.1. Cadastral passport of buildings and structures

It shall be prepared in accordance with the template and shall contains the following information:

full company name of the legal person or surname, first name and patronymic of an individual;
types of buildings and structures;
name, date and number of document certifying the right to buildings and structures;
name, date and number of document restricting or canceling the rights to buildings and structures, period of restriction;
(if there is a special order for the use of buildings and structures) name, date and number of document that serves as the basis for its establishment, a brief description of the special order and the period of validity;
information on value of buildings and structures;
building information;
information on the area and volume of buildings and structures;
information on the provision of engineering telecommunications;
usage data;
information on special structures.

Moreover, the inventory value of buildings and structures is determined, architectural and construction drawings are prepared, and descriptions of underground structures are provided.

In the case of the alienation of buildings and structures, the construction of which is not completed, the following data shall be entered in the cadastral file:

name of right holder;
availability of documents on the provision of a land plot, information on the state registration of rights to the land plot;
plan of a land plot with applied buildings and structures;
name of object and year when its construction began;
availability of design and estimate documentation and permission of the architecture and construction authorities to perform construction and installation works;
list of objects completed but not commissioned by the state commission;
condition of unfinished buildings and structures;
value of a building under construction, if necessary estimated by appraisal organisations.

3.4.2. Cadastral data on perennial plantations

Perennial plantations are orchards, vineyards, mulberry trees and other forest plantations. The cadastral data of perennial plantations are indicated together with the cadastral data of the land plot. The boundaries of lands occupied by perennial plantations are reflected by conventional signs of a reduced plan-map in the catalogue of coordinates of the pivot points.[9]

4. Amendments to the cadastral file

Amendments to the cadastral register are made at the request of the right holders or their representatives. Amendments to the cadastral register are made in case of :

reconstruction with changes in the structural elements and number of premises of buildings and structures;
alienation of part of the land plot (a new Deed and plan of land plot with marked alienated area are prepared).

However, it is worth noting that if the type of right and/or owner of the right changes without changing the structural elements or the number of premises of buildings and structures, the re-preparation of the cadastral file for the immovable property is prohibited.

In case of amendments to the cadastral file, the paper copy stored in the electronic archive of the Chamber of State Cadasters and the archives of the respective district (city) branches shall also be amended. But it is not allowed to remove existing documents from the copy of cadastral file kept in the archive, and documents certifying new circumstances are added to the cadastral file as they become available.[10]

5. Special provisions

The cadastral files of land plots that are in reserve, as well as land plots allocated on agricultural land, are prepared at the request of the district departments of agriculture. But for land plots allocated on non-agricultural purposes are prepared at the request of district construction departments on the basis of orders of district (city) khokimiyats. The costs of preparing the cadastral file are borne by the owners of the respective land plots during state registration of the right to a land plot (para. 5 of Decree of the President of the Republic of Uzbekistan dated 7 September 2020 No. DP-6061).

[1] Paragraph 2 of Schedule No. 3 to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan dated 22 July 2021 No. 389.

[2] Ibid.

[3] Para. 5 of Schedule No. 3 to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan dated 22 July 2021 No. 389.

[4] Para. 11 of Schedule No. 1 to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan dated 29 December 2018 No. 1060.

[5] Ibid.

[6] Para. 4 of Schedule No. 3 to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan dated 22 July 2021 No. 389.

[7] Ibid.

[8] Para. 38 of Schedule No. 3 to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan dated 22 July 2021 No. 389.

[9] Para. 35 of Schedule No. 3 to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan dated 22 July 2021 No. 389.

[10] Para. 50 of Schedule No. 3 to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan dated 22 July 2021 No. 389.

Rules for Preparing a Cadastral file for Real Estate

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