Real Estate and Civil Construction
The fundamental laws governing matters related to real estate are the Constitution of Uzbekistan, the Law on Property in the Republic of Uzbekistan, and the Land Code of the Republic of Uzbekistan.
The Uzbekistan Civil Code provides that the right of ownership and other rights for real property, their appearance, transfer, limitations and termination thereof are subject to state registration. The Registration Authority is offices of Regional Departments of the State Committee of the Republic of Uzbekistan on Land Resources, Geodesy, Cartography and State Cadastre.
An owner of real property at his own discretion may possess, use, and dispose of that property, as well as the rights to the objects of ownership in his possession.
Under Uzbek laws, land is considered national property. Only in very limited cases may individuals and legal entities have ownership rights over land. In other cases, individuals and legal entities use land based on permanent and temporary use rights as well as lease.
In the Republic of Uzbekistan use of land plots is on pay basis. Legal entities and individuals having in possession, use and in the ownership land plots shall make payment for the land. Payment for the land is deducted in the form of annual land tax, in the amount depending on quality, location and access to water of the land plot.
Many activities are subject to licensing in Uzbekistan. In sphere of civil construction the following activities shall be licensed:
- Design, construction, operation, and repair of gas main pipelines, oil and oil products’ pipe lines;
- Design, construction, operation and repair of bridges and tunnels;
- Development of architecture-construction documentation;
- Construction and operation of risky and potentially dangerous projects;
- Expert examinations of construction projects;
- Repair work at high altitude using industrial alpinism.
Our services in the sphere of Real Estate and Civil Construction
- registration of the cadastre objects with the relevant state ledgers and obtaining of information regarding such records in all aspects, including registration of transactions, confirmation on titles and any encumbrances in respect to real estate objects (land and premises);
- representation corporate clients in front of counterparties in course of drafting of the contracts to be executed in respect to real estate objects;
- advising on Uzbekistan laws in the areas of required authorizations, consents, permitting framework, regulation, investment, investment protection and other key aspects to Civil Construction;
- drafting and legal assessment of main construction agreement (FEED and EPC contracts);
- assistance with drafting of the core documents to be prepared in frame of to Civil Construction;
- assisting in the preparation, collection, review and confirmation of the conditions precedent (CP) and conditions subsequent (CS) in respect to FEED and EPC contracts;
- providing legal opinions to the client as are customarily required for Civil Construction;
- providing any other support and advice to the client on the legal aspects of the transaction to ensure the successful completion of the construction.