PROPERTY REGISTRATION IN UZBEKISTAN
July 2011
Investment Climate Advisory Services World Bank Group
With funding from FIAS, the multi-donor investment climate advisory service
Contents
SECTION 1. EXECUTIVE SUMMARY ...... 5
Background Information ...... 5 Challenges ...... 7 Recommendations ...... 8 Report Structure ...... 10
SECTION 2. CURRENT LAND AND REAL ESTATE REGISTRATION IN UZBEKISTAN ...... 11
Organizational Structure of the Services ...... 11 Laws and Regulations ...... 13 Office Processes ...... 14 Cadastre File (Case) ...... 15 Spatial Cadastre Data ...... 17 Policy and Institutional Arrangements ...... 20 Procedures ...... 21
SECTION 3. USAGE OF THE INFORMATION TECHNOLOGIES ...... 24
City of Tashkent Land Use and Real Estate Cadastre Service ...... 24 The Service of Tashkent Oblast and Zamgotinsky Rayon ...... 25 Other regions ...... 26 Archives...... 26 Unified Cadastre ...... 27
SECTION 4. REGISTRATION PROCESSES ANALYSIS ...... 28
Registration Process of a Commissioned Construction or an Allotted Land Plot ...... 28 Registration of Secondary Transactions ...... 31 Doing Business Report - Registration Analysis ...... 38
SECTION 5. BEST PRACTICE CASE STUDY - PUBLIC REGISTRY REFORMS IN GEORGIA ...... 42
Pre-reform status ...... 42 Property Registration Reform ...... 42
SECTION 6. RECOMMENDATIONS ...... 45
Policy and Institutional Arrangements ...... 45 Procedures ...... 46 Some Specific Comments ...... 46
APPENDIX 1. WORKFLOWS FOR LAND PARCEL SELECTION AND ALLOTMENT PROCESS ...... 51
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APPENDIX 2. ORGANIZATIONAL STRUCTURE OF GOSKOMZEMGEODEZCADASTRE DIVISIONS ...... 53
APPENDIX 3. STATE REGISTRATION OF RIGHTS FOR LAND PARCELS, BUILDINGS AND DEPARTMENTS AND TRANSACTIONS WITH THEM .. 54
APPENDIX 4. TYPES OF TRANSACTIONS ...... 57
APPENDIX 5. DOING BUSINESS: REGISTERING PROPERTY IN UZBEKISTAN ...... 67
APPENDIX 6. SCHEDULE OF MEETINGS ...... 74
List of Tables Table 1. Transfer of the Real Estate (Building/Construction) ...... 31 Table 2. State registration of rights for land parcels, buildings and departments and transactions with them ...... 54 Table 3. Types of transactions ...... 57 Table 4. Sample of Standard Property Transfer ...... 67 Table 5. Schedule of Meetings...... 74
List of Figures Figure 1: Map of Uzbekistan ...... 6 Figure 2: Structure of the Service organization ...... 11 Figure 3: Reception department...... 12 Figure 4: Registration Books for real estate properties ...... 14 Figure 5: Registration Books for land plots ...... 15 Figure 6: A State Certificate for a Building ...... 16 Figure 7: Cadastre Materials and Cadastre Plan ...... 16 Figure 8: Cadastre Index and Land Use Maps ...... 18 Figure 9: Sample of map in CorelDraw software ...... 18 Figure 10: Base map in MapInfo Professional software ...... 19 Figure 11: Archives ...... 26 Figure 12: Registration of allotted LP in rayon (town) service of land-use and real estate cadastre ...... 29 Figure 13: First Registration of a LP in rayon (town) service of land-use and real estate cadastre...... 30 Figure 14: Transfer of the Real Estate (Building/Apartment) – Stage I: Extract ...... 40 Figure 15: Transfer of the Real Estate (Building/Apartment) – Stage II: Notarization and Registration ...... 41 Figure 16: Selection of land parcel (LP) for the construction design ...... 51 Figure 17: Allotment of land parcel (LP) and field boundaries setting ...... 52 Figure 18: Organizational structure of Goskomzemgeodezcadastre divisions ...... 53
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List of Acronyms
BTI Bureau of Technical Inventory
CAD Computer Aided Drafting
DB Doing Business
GIS Geographic Information System
GoU Government of Uzbekistan
GPS Global Positioning System
HARN High Accuracy Reference Network
IFC International Finance Corporation
ILS International Land Systems
MoJ Ministry of Justice
NSDI National Spatial Data Infrastructure
TACIS Technical Assistance for the Commonwealth of Independent States
UZS Uzbekistani Soms
WBG World Bank Group
WGS World Geodetic System
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Section 1. Executive Summary
The World Bank Group (WBG) is pursuing property registration reform as a component of its broader investment climate reform efforts in Uzbekistan. Property registration was selected by the Government of Uzbekistan (GoU) as one of the priorities for reform among the areas of business regulation measured by the WBG’s Doing Business (DB) report. The Government of Uzbekistan has requested specific support in the following Doing Business areas: construction permits and property registration. WBG’s fact-finding, technical mission visited the Republic of Uzbekistan from June 20-30, 2011 to prepare a report for the GoU to improve its property registration and transfer system with specific emphasis on the policy, legal and institutional reforms. The mission has met with central and local government authorities, the Chamber of Commerce as well as private sector representatives (please see Appendix 66 for details of meetings). The mission was able to visit Tashkent, Tashkent region and rayon registry offices that enabled the team to assess the property registration system in the country. The consultants reviewed the current legislation and regulations in the area of cadastre, property registration and construction permits. Recently, the GoU made serious efforts in advancing the legal reform in the area of construction permits which resulted in the adoption of the Resolution of the Cabinet of Ministers #146 dated May 25, 2011 “On measures to improve regulations of land plots allocation for performing construction activities and other non-agricultural needs”. The mission has carefully analyzed the Resolution and mapped the multi- staged process that integrates various stakeholders. The report provides analysis of the active legislation and regulations. The recent legislation sets a solid framework of detailed regulations for the development of inter-agency interactions and actual implementation of the mapped information flows. The mission was not able to evaluate the practical implementation of the Resolution and judge its efficiency due to short time to have the Resolution turned into real actions of the concerned stakeholders. The consultants used international best practices to advice on recommendations for a transparent and equitable process to facilitate property administration in Uzbekistan.
Background Information
Uzbekistan is located in the middle of Central Asia and borders Turkmenistan, Kazakhstan, Kirgizstan, Tajikistan and Afghanistan. The total area of Uzbekistan is 447,400 km2. The economy is based on agriculture (mostly cotton and wheat farming) and natural resource extraction. The population continues to be heavily rural and dependent on farming for its livelihood.
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Figure 1: Map of Uzbekistan
According to the Doing Business 2011 report, in terms of property registration Uzbekistan is ranked 135 out of 183 countries.
It is important to note that there is a separation between ownership of land and of buildings. Despite the fact that the country favors private ownership of apartments, buildings and residential houses, private ownership of land (both agricultural and non-agricultural) is nonexistent, even though legislation recognizes the terminology regarding private ownership of land. Article 18 of the Land Code allows for transferring land into private ownership for targeted uses; namely for commercial and food security purposes.
Household land (including a residential house with a small plot agricultural land) which is considered to be in private ownership is actually a lifetime land use right which is inherited and can be mortgaged. Agricultural land can be leased, but the country prohibits subleasing.
The nonexistence of land ownership acts as disincentive for investors and impedes the involvement of land into economic activity/development of the land market. Consequently, the lack of a land market decreases liquidity of collateral that preconditions little interest from the banking sector.
Goskomzemgeodezcadastre is a public institution subordinated to the Cabinet of Ministers of Uzbekistan responsible for ensuring development and implementation of state policy on effective use of land resources, regulating land issues, organizing land planning and monitoring, and maintaining and increasing land fertility. From the institutional standpoint, all land administration responsibilities are
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under Goskomzemgeodezcadastre (further might be also referred as committee). However, under the committee there are four independent registries operating: land, residential buildings, non-residential buildings and mortgage registry.
Goskomzemgeodezcadastre has 14 regional and 214 district level services which include cadastre, registration, surveys and land use monitoring. Goskomzemgeodezcadastre district services have responsibility for land management and land administration and are subordinated to two different Institutions – Goskomzemgeodezcadastre and local government.
There is clearly an overlap between land administration and land management responsibilities held by Goskomzemgeodezcadastre -- Land administration (cadastre and registration) functions are combined with land management (effective use of land resources, land use monitoring, land reclamation/conservation) responsibilities. A properly functioning system requires a clear separation of land administration and land management responsibilities.
Challenges
A number of challenges for property registration have been identified through examining the available materials and conducting on-site interviews and analysis. The following overview of the challenges is detailed in the report:
Property registration as a proper legal process has not been clearly established and is covered by multiple codes (land and civil), Cabinet of Ministers resolutions, institutional instructions and orders, many of which are outdated and contradicting.
The registration procedures, while essentially sound in their structure, in practice have too many manual and paper-based operations that decrease efficiency and are prone to errors.
There is very little use of information technology outside of Tashkent and the Tashkent region. Furthermore, the technology used is not standardized, systematically supported and enhanced.
The level of qualified human resources is low and, with the lack of uniform legislation and clear guidance for the procedures, presents significant problems especially in the rural areas.
There is no single central body under Goskomzemgeodezcadastre that would be solely responsible for managing registration services, coordinating the interests of the various stakeholders in the property registration, developing a strategy and implementing a plan for the future.
The registration fees are officially set and seem to cover only the minimum costs involved in the registration process. More costs are recovered via the property assessment services, which undoubtedly poses a significant barrier to formalization from the side of the executing agencies.
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However, note that costs can be quickly recovered where there is an active land market with reasonable registration fees.
Fees for services provided are outdated and there is no specific, long-term plan for cost recovery and reinvestment in modern technologies.
The self-financing structure of the individual district services is not stimulating for the improvement of the processes. Instead, this results in a survival strategy rather than a pragmatic and coordinated development.
Current property owners and other stakeholders are most concerned with poor access to information. This is especially a problem for realtors who have restricted access to the registry and for banks that have trouble accessing the actual status of pledged properties.
Planning, land plot selection and construction permit procedures pose additional challenges that adversely affect the overall functioning of the property registration system.
Most of the surveying is done by Goskomzemgeodezcadastre local offices and there is no real involvement of private surveyors in the survey work.
It is not clear to what degree the surveys are tied to the national geodetic coordinate system nor is the quality of the produced cadastre plans evident; especially those that are conducted on paper maps.
The main archives are all in hard copy with no adoption of information technology to assist in their management and usage.
Security of workspaces and records needs upgrading.
Existing registration facilities should be upgraded for customer convenience and comfort.
An improved communications strategy to reach out to current and potential customers is needed, especially if any reform is to be undertaken.
Recommendations
Reorganizing the one-stop-shop operation to include registration and obtaining of building and use permits will require a multi-phase approach with interventions in a number of areas. These include streamlining legal norms and regulations, institutional and business process re-engineering, fee
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rationalization, introduction of standardized information technology, strengthening human resources, and improving physical facilities.
Specifically, we recommend the following actions that are further developed in the body of this report:
Consolidate the Institutional and Financial Aspects of Registration. International best practice suggests merging different registration and cadastral services into a unified organization with a consolidated account. The fee regime for the registration services should be reviewed and restructured.
Consolidate the Legal Framework. Consolidate the legal framework for land/real estate registration by bringing together various acts, norms and regulations for different aspects of the registration.
Modernize Procedures by Greater Use of Information Technologies. Updating and modernizing information technology will increase efficiency, reduce mistakes, eliminate opportunities for rent seeking, provide better access to the records, improve billing and fee collection, and allow full auditing of registration operations. The benefits are time reduction, increased transparency, easier transaction traceability, lower transaction costs, ease of searches, longevity of documents, and access and sharing of the information for all stakeholders.
Revise Registration, Surveying and Mapping Procedures and Develop Registrar’s Manual. In addition to increasing the use of ICT, business process re-engineering can eliminate some of the more bureaucratic and manual steps that are currently causing delays and accumulating possible errors. All procedures should be set out in a comprehensive Registrar’s Manual.
Allow Private Sector Involvement in Surveying. Greater reliance on the private sector could add to efficiencies and stimulate development of the related services, especially in the creation of spatial data and population of the integrated national cadastre with different thematic layers.
Government Mapping Agencies Should Focus on Standards, Quality and NSDI. With involvement of the private sector into surveying activities, the governmental agencies will have a chance to focus on developing data standards, quality procedures and integration of various data into NSDI (National Spatial Data Infrastructure). Having this systematic process of NSDI will serve as the base to launch other related activities of regional and territorial planning and facilitate local development.
Digitize Archives. Previous records need to be digitized and organized in searchable databases in order to take full advantage of available information.
Improve Human Resources. Increase the number of qualified staff and, most critically, define, develop and deliver the training and certification programs for registrars, administrators and engineers of the integrated cadastre and registry.
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Enhance Data Security. Building or outsourcing data processing centers should be considered in an effort to enhance security and protect sensitive documents.
Increase Outreach. Targeted public awareness campaigns should be developed to better inform the masses about the benefits of registration and future reforms.
Report Structure
This report consists of the following sections and appendices:
Section 1 Executive Summary
Section 2 Current Land and Real Estate Registration in Uzbekistan Section 3 Usage of the Information Technologies
Section 4 Registration Processes Analysis Section 5 Error! Reference source not found.
Section 6 Recommendations
Appendix 1 Workflows for Land Parcel Selection and Allotment Process
Appendix 2 Error! Not a valid bookmark self-reference. Appendix 3 State registration of rights for land parcels, buildings and departments and transactions with them Appendix 4 Types of Transactions
Appendix 5 Doing Business: Registering Property in Uzbekistan Appendix 6 Schedule of Meetings
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Section 2. Current Land and Real Estate Registration in Uzbekistan
Organizational Structure of the Services
According to the Resolution of the Cabinet of Ministers N483 dated October 19, 2004 -- “Regulation for the State Committee on Land Resources, Geodesy, Cartography and State Cadastre” -- Goskomzemgeodezcadastre absorbed the cadastre Bureau of Technical Inventory (BTI) and integrated the responsibility for cadastre activities and for conducting the state registration of the rights for all types of properties – buildings, constructions as well as land. The cadastre activities are conducted at the rayon level by self-financed organizations formed by Goskomzemgeodezcadastre -- the Land Use and Real Estate Services (further referred to as “the services”). Overall, there are 412 services in the Republic of Uzbekistan that conduct cadastre activities while performing property registration.
The services are funded by regional administrations for land resources and state cadastre, which are part of Goskomzemgeodezcadastre and receive budget financing (see the Goskomzemgeodezcadastre organizational chart). The head of each rayon service is appointed by the regional land cadastre administration with the consent of the rayon Khokim (the head of the rayon municipality). That makes a double subordination which is not needed to conduct the state regulated cadastre and registration duties.
The typical structure of a service organization is presented in Figure 2 and consists of the following departments: 1. Reception 2. Registration 3. Surveying 4. Inventory and Valuation 5. Archive 6. Admin and Accounting
Service Organization
Inventory and Admin and Reception Registration Surveying Archive Valuation Accounting
Figure 2: Structure of the Service organization
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Under Resolution N483, the Services operate a single window and reception department. The front desk receives all application documents and delivers them to the back office for processing. A typical client service area is shown in Figure 3.
Figure 3: Reception department
The registration department consists of an authorized registrar and at least one assistant capable of conducting the registrar functions in case of the registrar’s absence. The registrar or his official delegate reviews the applications and all supporting materials, registers the application in the applications register, communicates with the surveying or inventory departments to perform the technical inspection of the property, performs registration of the property, and prepares the registration certificate.
The surveying department must be licensed to perform survey work and be familiar with modern surveying equipment to conduct fieldwork and produce cadastre plans. These services are provided according to the fees established in 2006 for land, buildings and construction inventory, topographic work, and valuation activity. The fees were recently reduced by half pursuant to the Presidential Resolution. The surveying department is primarily established at the level of the Central Service Office of the city of Tashkent as well as at the Tashkent oblast Central Service Office. It consists of up to 50 surveying engineers serving the needs of all rayons.
The inventory and valuation department is the largest as it conducts field inspections and collects the technical characteristics of objects to define the value for taxation purposes1. In the city of Tashkent, each city rayon office has at least 15 inventory engineers out of a staff of 20.
1 According to the Law of Republic of Uzbekistan on 19.08.1999 N 811-I About Valuation Activity the valuation has become a licensed activity to be performed by nongovernmental organizations but still carried out by the Services due to Tax authorities requests (see article 4-1: “Establishing of the the valuation organization,and also conducting of the valuation activites by bodies of the state authority and state control are prohibited if other is not defined by legislation”- edition of the Law introduced on 09.04.2009).
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Archive department is operated by at least two persons who track the move and storage of the cadastre files and other documents. The administrative and accounting staff consists of a chief account manager and an assistant, a director and a deputy and some other supportive staff depending on the size and activity within the administered rayon.
Laws and Regulations
The registration and cadastre regulations are very detailed and have been evolving over a long period of time. They address different aspects of registration and cadastre processes. Presently, the relevant legal and regulatory framework includes the: Law of the Republic of Uzbekistan N666-I dated 28.01.1998 about State Land Cadastre; Resolution of the Cabinet of Ministers N543 dated 31.12.1998 for Conducting of State Land Cadastre in Republic of Uzbekistan; Resolution of Cabinet of Ministers N278 dated 02.06.1997 for Conducting of State Cadastre of Buildings and Constructions in Republic of Uzbekistan; Instruction About Regulation of State Registration of Rights for Land Plots in Republic of Uzbekistan (registered by Ministry of Justice by N736 on 27.05.1999); Instruction About Regulation of State Registration of Buildings and Constructions (registered by Ministry of Justice by N387 on 07.01.1998); and Temporary Instructions about Regulation of State Registration of Hypothec (registered by Ministry of Justice by N1798 on 25.04.2008).
In addition to these normative and regulatory documents, there are internal orders of various organizations regulating specific aspects of registration and the maintenance of registration books. Since these regulations were adopted, the institutions mentioned in those documents have been reorganized. For example, Uzgeodeszadastre, State Land Committee, and BTI were merged into Goskomzemgeodezcadastre where the registration and cadastre activities are now performed by district level self-financed organizations formed by Goskomzemgeodezcadastre. There are no regulations on how to register various servitudes and easements and no detailed instructions for the registrars on what to check and verify for each specific transaction. The authority of the registrar and his responsibilities remain vague and undefined.
The existing laws and regulations are outdated and do not comply with the actual reality on the ground. This has already been addressed by the Ministry of Justice (MoJ) in a notice to the Goskomzemgeodezcadastre. MoJ is tracking the state of the documents that are registered in the MoJ legal documents register. There is an urgent need to review the current regulations for cadastre and registration in order to develop a uniform set of regulating documents taking into account legal, institutional and technological aspects of the current situation as well as the future vision for land administration in Uzbekistan. The GoU has already adopted a series of rather general laws and resolutions concerning electronic documents, digital signatures and e-government. Nevertheless, the
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usage of modern computer technology still has not been reflected in the land administration legal and regulatory base.
Office Processes
Currently, the registration services are maintaining two main registers for real estate properties – a cadastre book for building and construction for non-residential properties and a registry book of building and construction records for residential properties with the following eight different supplementary registration books (according to Instruction N387): Registry of building and construction under republican ownership; Registry of building and construction under join (collective) ownership; Registry of building and construction under municipal ownership; Registry of building and construction under private ownership; Registry of building and construction under ownership of foreign legal and physical persons; Registry of arrests and prohibitions; Registry of building and construction rent; and Registry of building and construction hypothec.
These books are manually maintained by the Service staff (see Figure 4). There are also a number of acts and conclusions that have to be produced upon completion of property surveying (inventory).
Figure 4: Registration Books for real estate properties
In addition to these registry books, there are two more registries to track interactions with the applicants: Registry of reception of applications for registration of rights on buildings and constructions and transactions with them; and Registry of requests for information extracts.
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Similar books are maintained by the Service staff for land plots. Due to the fact that land plots are not subject to ownership rights (with the exception of special cases defined by law and related mainly to the land of foreign and diplomatic entities), there are fewer books since the transactions with the land are less numerous comparing to the transactions with real estate properties and apartments. The main book for land is The State Register of the Rights for Land Plots with five different supplementary registration books (according to Instruction N736) and one more for tracking the applications – see Figure 5: Registry of land plots under the right of permanent possession; Registry of land plots under the right of permanent use; Registry of land plots under the right of lifelong inherited possession; Registry of land plots under the right of temporal use; Registry of land plots under the rent right; and Registry of reception of applications for registration of rights on land plots and transactions with them.
Figure 5: Registration Books for land plots
Maintaining the books is time consuming, extremely inefficient and prone to various manual errors. It seems to generate little value other than serving the current operational control needs.
Cadastre File (Case)
According to the Law on State Cadastres article 16, a “Cadastre file consists of the documents, materials and data of cadastre survey, technical inventory and categorization, special inspections and inquiries, qualitative and cost valuation of the cadastre object necessary for formation, recording and following state registration of the rights for the cadastre object”. This sets a cadastre file as a unique case for each
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cadastre object that stores in paper form all legal and technical history of the object. Creation of new cadastre objects requires setting a new cadastre file so the number of the cadastre files in the archive is ever growing. Due to the fact that the land belongs to the state, the cadastre files are maintained primarily for buildings and construction with inclusion of the land parcel on which they are located (the land plot is under the right of rent or lifelong possession or use).
The cadastre files contain all of the technical and legal documents that are produced for the property (land plot and the real estate objects), including state certificate for the plot under certain right agreements for use or lease of the plot, Khokimyat decisions, certificate of inheritance, court decisions, certificate of acquiring the right at auction or contest, hypothec and other agreements, materials for land allocation, land cadastre and land plot plan, and plans of buildings and construction prepared and endorsed by the cadastre service. A sample of the cadastre file documents is presented in Figure 6 and Figure 7: Cadastre Materials and Cadastre Plan.
Figure 6: A State Certificate for a Building
Figure 7: Cadastre Materials and Cadastre Plan
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Spatial Cadastre Data
One of the main principles established by the Law on State Cadastres is the use of a common system of spatial coordinates. Goskomzemgeodezcadastre is responsible for developing and maintaining a state cartographic-geodetic cadastre, which establishes the base maps and geodetic grid network for all of the other surveying and spatial data production. The national coordinate system is SC-42 and the geodetic network in SC-42 is classified information. This imposes quite a serious restriction on the ability for different state organizations to produce spatial information. It also jeopardizes the livelihood of private surveying companies to produce spatial data for the state cadastres because receiving classified grid coordinates requires a license issued by the Cabinet of Ministers, and special conditions are established for the facilities and storage where those data are located.
Within Goskomzemgeodezcadastre the base maps are prepared by the “Uzdaverloikha” enterprise. Due to the lack of a uniform approach for modern technologies and only sporadic automation in rayon (town) offices, the base maps are produced in paper form of 1:25000 and 1:10 000 for rural and 1:2000 and even 1:500 for urban areas and distributed to the registration and cadastre services (Figure 8: Cadastre Index and Land Use Maps). Most critical are cadastre index maps that serve as the base to define and assign unique cadastre numbers for every cadastre object. The delineation of the cadastre zones and quarters is done at the local level, in many cases using the aforementioned paper maps. The degree of accuracy of demarcations is not verified, and to what degree field surveys of the plots match the index maps cannot be determined. Therefore, the working cadastre maps where all plots are presented are serving the need of referencing the objects on the index maps but cannot serve as a reliable source of the exact position of plots on the ground. However, with neighbors signing a consent on the boundaries of the plot’s cadastre plan, legally qualifies as an object’s undisputed location according to so-called general boundaries principles. Despite this approach satisfying the need of the registry, more efforts in aligning and integrating the various spatial data produced through digitization of the paper maps or acquired by modern surveying equipment will be necessary.
All of the cadastre work for land and buildings and construction outside of the cities and towns is performed by the Rayon Land Use and Real Estate Cadastre Services. The cadastre work within towns and cities is performed only by rayon representatives of the design-exploring enterprise “UzGASHKLITI” of GosArchitectStroy (State Committee of Republic of Uzbekistan for architecture and construction)2. Upon completion of the work in the settlement areas, those cadastre data produced by “UzGASHKLITI” should be shared with Goskomzemgeodezcadastre and its rayon land cadastre departments, however, this is not happening. Neither organization is sharing information.
2 Defined by article 67 of the Cabinet of Ministers Resolution N146 dated 25.05.2011 “On measures to improve regulations of land plots allocation for performing construction activities and other non-agricultural needs”.
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Figure 8: Cadastre Index and Land Use Maps
Some Services receive a raster image of the map and use it to obtain a printout on a large size plotter. A sample of such a raster map received by the Tashkent region (oblast) Land Use and Real Estate Service is presented in Figure 9 (notice the map is displayed in CorelDraw graphics design software).
Figure 9: Sample of map in CorelDraw software
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The staff of the cadastre department of the Service manually outlines the land plot on the paper cadastre index maps, and the registration department staff defines and assigns the unique cadastre number for every new land plot, building and construction3. Using paper cadastre index maps (or even raster images) is inaccurate and cumbersome, leading to potential errors with misplacement and overlapping of plots. Some Services (city of Tashkent, Tashkent oblast) are using commercial GIS or internally developed applications to maintain the cadastre index maps and working cadastre maps. Figure 10 presents a screen with the MapInfo GIS software used at the Tashkent oblast service to automate the production of cadastre and topographic digital plans. The Service of the city of Tashkent has been using their own internally developed software to maintain the cadastre digital data, which they say they are gradually migrating into ESRI ArcGIS software.
Figure 10: Base map in MapInfo Professional software
However, these solutions are not compatible among themselves nor do they match any specified and accepted standards. This imposes difficulties building an integrated cadastre database.
Having this limited and inconsistent use of automation and different technologies used by various authorities only partially helps in certain stages of cadastre production. These systems have not been designed for a comprehensive technological process for data production, quality control and integration at the central level.
3 Cadastre numbers are assigned according to the unified system of coding of the land plots, buildings and constructions, adopted by Cabinet of Ministers Resolution on 21.01.1998 N35 “On conducting inventory and valuation activities for buildings and constructions owned by physical persons under the right of ownership”.
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Policy and Institutional Arrangements
From the institutional standpoint, land administration responsibilities are under one institution – the Land Committee (Goskomzemgeodezcadastre). However, there are four independent registries operating under the committee: land, residential buildings, non-residential buildings and mortgage registry. These multiple registries for different types of property fail to meet the requirements of the registration systems designed to meet the needs for market real estate transactions. Furthermore, multiple registries lead to system inefficiencies affecting the quality of the services.
There is no comprehensive registration law that regulates the land and property registration issues. According to the Instructions for Registration of Buildings, registration of non-residential buildings is conducted by the district and regional state cadastral offices, residential buildings by bureaus of technical inventory, and mortgages by the Ministry of Justice. Since 2005, all these responsibilities have been integrated into the Land Committee.
Overall, the system is regarded as bureaucratic and cumbersome, and while the registration fee is low, the total cost of a property transaction is high. According to the Doing Business report, Uzbekistan performs poorly on the number of procedures and days for property registration; however, the cost burden is only half of the regional average.
Even though international best practice recognizes the importance of a uniform, self-financed property registration system, Uzbekistan has favored a strange variation of this model. Each rayon service office (which is actually a division of Goskomzemgeodezcadastre) is a self-financed entity. The existing practice does not promote a balanced development of the system, yet the GoU is responsible for guaranteeing a consistent high quality of services all over the country.
A properly functioning system requires a clear separation of land administration and land management responsibilities. In Uzbekistan, land administration (cadastre and registration) functions are combined with land management (effective use of land resources, land use monitoring, land reclamation/conservation) responsibilities. This naturally creates a conflict of interest from the public administration perspective. Such a mixing of land management with the registration functions can create disincentives for registration, since the land institutions often use the registration system as a policing mechanism rather than as a focus to support land transactions. There is always a fear that the registration system and data gathering will be used to police compliance with other administrative and regulatory provisions regarding real estate, such as building codes, building permits, taxation, and other requirements. This can give rise to a black, off-the-books market in real estate transactions. This is a common phenomenon worldwide, and where it occurs the registration system soon does not reflect the situation on the ground, and is thus ineffective for both monitoring and management.
Roles also overlap with the functions assigned to the Ministry of Agriculture. The government strictly controls farming in the country. Farmers are required by the municipality to grow specific crops. The
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state purchases 100% of cotton produced in the country and 50% of wheat with prices fixed by the government. The state controls land use in Uzbekistan far more than in most other countries. This creates tension between the state registration system and the land monitoring and management system. Here again, the registration functions are in conflict with the management systems, and rather than being a tool to support market-based real estate transactions, the registration system becomes a policing tool. The fact that the head of the district Cadastral and Registration Service is appointed with the agreement of the local government bodies, makes these services dependent on and accountable to municipalities, compromising the independent functions of the registration system. In general, land use monitoring is the responsibility of the municipality and should not be linked with the transaction process. Moreover, the cost of monitoring should not be borne by the customer.
Another problem is that customers are required to submit a new land survey for every transaction, even where there is no change in the configuration of the parcel. This redundancy and only adds time and expense to real estate transactions without adding any value and is vulnerable to corruption.
Although the law recognizes the institute of private land surveyors and the government licenses private surveyors engaged in surveying activities, this system is poorly developed and the state cadastral offices compete with the private sector in providing survey services. Consequently, the private surveyors are in a disadvantaged position vis-a-vis government institutions that provide surveying services. For example, there are no private land surveying companies in Tashkent that are involved in cadastral surveys. Such companies are primarily performing geodetic and topographic surveys for construction, road and infrastructure projects. Private land surveying companies have very little chance to develop and penetrate into the real estate market.
Procedures
While the registration services of different entities have been integrated into the Land Committee (Goskomzemgeodezcadastre) since 2005, the registries still operate as independent services. A unified registry implies the existence of one “land book” that registers real estate and all rights related to this property as well as property restrictions. As already discussed, the registration service of Uzbekistan keeps separate land books for mortgage, municipality property, private buildings, leased buildings, jointly-owned buildings, property transferred for management, state buildings, and foreigner-owned property. These are essentially separate registries that violate the whole concept of a unified registry. In countries where there is a unified registry, the status of a land title and the existing encumbrances and their relative priorities can be easily determined by consulting the single registry. In countries where multiple books need to be consulted, the procedure is time consuming and subject to errors.
Moreover, in Uzbekistan the various registries are not compatible since they have not been developed according to the pre-defined standards. This complicates the integration of the data into a central database.
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Inadequate differentiation of roles and responsibilities among state institutions leads to ineffective and extremely bureaucratic procedures. For example, each transaction requires an inspection of the property, submission of an updated land survey, and cadastral documentation. Almost 90% of registration time is spent on compiling cadastral documents. The cost of cadastral works is determined only after the data processing. As a result, the applicant has to visit the cadastral office once again to ascertain what must be paid for the cadastral services.
Article 2 of Chapter 1 of the state provisional instructions for mortgage registration from 2008 requires the borrower and lender to notarize the mortgage agreement. This should not be a mandatory requirement. Stakeholders should be able to save time and additional costs by signing the agreement at the registration service. It should be underlined that although the law does not provide for this requirement, existing practice obliges the borrower to notarize the lending agreement.
Owners/users’ obligations towards state or other institutions should not be linked with the registration system. Notarization of the contract requires submission of all paid utility bills. Utility payments should not be policed by the state in the course of a property transaction. Firstly, it is unfair and belongs to a completely different field of management; secondly, it reduces an owner’s obligations to pay utility bills if he/she is not interested in a property transaction. Such requirements negatively affect property registration and complicate and delay the process.
According to the law, an ownership right arises after registering the transaction at the registry service within one month of the actual transaction of the property. However, because of the aforementioned deficiencies in the registration system, most persons engaged in real estate transactions ignore the registration requirement. Consequently, their rights to the property are not recognized or secured by the state, cannot be identified by others interested in a transaction regarding a piece of property, and a black market may emerge. In addition, failure to register may lead to multiple sales of the same property by the recorded owner.
Legally, the state requires registration of a property after the acceptance of the building into operation by state authorities. This creates an additional constraint for the already poorly developed real estate market. The right to the real estate is already existent when it formally emerges, i.e. when the state has approved the construction design and issued construction permission to the applicant/customer. From this moment, the building under construction or its part, is already involved in real estate market and is available for sale. About 40% of apartments are sold before the construction is finished and the building is put into operation. This is an accepted practice in the region. In fact, people prefer to buy buildings under construction as their price is much lower. This mainly refers to multi-story buildings and require registration even before they are approved for operation. Otherwise, the rights of a buyer are only secured with a purchase agreement that does not guarantee the ownership right and the property can easily be sold several times to other buyers leading to disputes and potential loss of property.
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Demand for registration and cadastre information is huge. However, there is no clear procedure for obtaining such information. If the registration system was functioning properly, it could be a significant source of income for the Service as many state organizations (e.g. courts, tax agency, Ministry of Statistics, others) request information from the cadastre and registration service and currently receive this information free of charge. In jurisdictions with a well-functioning land and real estate market, fees collected by the registry for the provision of information provide sufficient revenues for the organization to be self-sustaining, and often generate additional revenue to contribute to the general budget of the government.
At the central level, the task of unifying the cadastre is split between two organizations – the National Center of Geodesy and Cartography and the “Uzgiprozem" Institute. The National Center is developing the cadastre database for central buildings and construction, while the "Uzgiprozem" Institute is developing a central cadastre database for land. This contradicts the principle of unification and these two cadastres should be consolidated.
The success of any effort to create an effective registration system to support transactions in land and other real estate will be largely based on the public’s willingness to participate in the process. International experience illustrates that citizens resist providing information to data collectors because they fear that the information might be used in detrimental ways. Changing laws and issuing new decrees will not be enough to overcome this reluctance. There will have to be a focused and sophisticated information and outreach campaign that educates people regarding the benefits of registration and instills confidence in the process.
In addition, registration services employees will need to be trained on land and registration laws, the administrative structure for registration and land management, obligations and responsibilities of the different organizations, the purposes of registration to support market transactions as well as to improve land management and administration, the detailed procedures to be followed in the daily operations of the registration service, and the technology deployed to implement the system.
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Section 3. Usage of the Information Technologies
City of Tashkent Land Use and Real Estate Cadastre Service
As has already been noted, the registration process performed by the registration departments of the Services is fully paper-based with the registration books manually completed. However, market pressure and the need to quickly respond to requests for information by the public as well as other agencies (courts, tax authorities, statistics, etc.) have forced some of the self-financed services to invest in modern technologies. Visiting the city of Tashkent Land Use and Real Estate Cadastre Service, we found that the organization has established a rather modern infrastructure:
It has a central office and 11 branches in each of the city rayons;
Each rayon has online access to the central database of the Service;
Every branch has a client software application for a central Microsoft SQL Server enabling registration, inventory and valuation data entry into a central common database for every transaction concerning a residential property;
The central database contains references to the owners and their rights back to 1992 when privatization of the properties (apartments and buildings) and their registration first started;
There is established communication with the city tax authority enabling a regular remote electronic exchange of updated records over the period (for example new owners, etc.);
The department of geodesy is located in the central office and builds cadastre plans and maps in 1:500 scale (use AutoCad, MapInfo and ArcGIS);
There is a graphics software developed internally by the Service IT specialists that integrates working cadastre layers and some auxiliary layers (streets, historical objects, etc.) and that serves the purpose of quality control for the location of the registered parcels;
The inventory of non-residential properties is maintained within 1C Enterprise commercial, off-the- shelf software;
All software development and implementation was funded by the Service generated revenue and there was no Goskomzemgeodezcadastre involvement in the conceptual design or implementation of these IT applications.
This IT infrastructure allows the Service to process 300-350 non-residential property transactions per day (half of those are secondary transactions), 500-600 residential property transactions per day (from
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citizens) and conduct inventory and valuation of 40-50 objects per week. The data for the past two years presents a growing trend on the real estate market – in 2010, there were 213,000 transactions (140,000 applications related to residential properties and 73,000 to non-residential.) In 2009, the overall number was 180,000.
The interaction with notaries, courts and other agencies is still in paper form, but the extracts are generated out of the central database.
The Service of Tashkent Oblast and Zamgotinsky Rayon
A similar situation with IT modernization was observed at the Service of the Tashkent oblast and the Service of the Zamgotinsky rayon. In 14 rayons and 4 towns of the Tashkent oblast, there are about 500,000 residential and 400,000 non-residential objects, of which 60% are registered and up to 250,000 are recorded in the ILS UzLR database. Goskomzemgeodezcadastre took the lead and initiated the computerization through a European Technical Assistance for the Commonwealth of Independent States (TACIS) donor program with its last phase finished in 2007. Upon finishing the donor program, commercial software ILS UzLR 2.2 was customized for registration processes automation. That enabled Goskomzemgeodezcadastre to build a unified registry of all types of properties (land, residential and non- residential) and all rights and restrictions related to the property. The UzLR central database is installed at the oblast service office with 14 oblast rayon services offices connected to that central database through the UzLR client application.
The software controls uniqueness of the cadastre numbers and generates various reports and extracts. It also supports printing of the registration certificates. However, the registration books are filled in and maintained manually and continue to serve as the only legal source of the registration records. The UzLR system stores references of each property in manual book records. Due to the shortage of the generated revenue, the Services have not been able to upgrade UzLR since 2007. This software upgrade effort requires state assistance as well to collect specific inventory data and valuation of the properties.
Some statistics provided for the Zamgotinsky rayon (one of 14) illustrates the level of revenue generated by a rayon office. On average per month, the rayon service performs 300-350 registrations and up to 200- 250 extracts. Monthly total revenue of the rayon service registration department is about 4 Mil. UZS, generated through registration and extract fees. Considering the staffing situation (one registrar and two registrar’s assistants, two reception staff, two archive staff and a few of administrative staff), this revenue distributed equals about 500 000 UZS per employee (about $300 according to the official exchange rate) and serves only to cover the labor and operational costs with no reserve for any modernization.
The oblast central office is in slightly better shape as it is able to generate higher revenue through its topographic department with a license requirement for mapping production and all of the modern surveying equipment to conduct fieldwork and produce cadastre plans for all oblasts.
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Other regions
The TACIS program has provided the same UzLR software to the Samarkand oblast and Khoresm. We understand that Samarkand continues to use the software. It also appears that some software has been developed locally at the Karakalpakstan autonomous republic. The National Center of Geodesy and Cartography is using UzLR to integrate all real estate registration records into one central database. However, it faces numerous problems concerning the lack of access to the data -- even digitized data for the city of Tashkent are not compliant and need to be converted before being loaded into the integrated UzLR storage.
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Archives
In city of Tashkent service, there are about 600,000 registered residential properties (including houses and apartments). Each of these objects has its own cadastre file kept in the archives of the rayon offices. The cadastre files for non-residential properties are stored in the archive of the central office. These archives are already quite full and given the overall growth trend, will need to be expanded. A similar situation was observed in the rayon services (see Figure 11). Along with the fact that some documents are unique and in some cases can be lost (for example fire or earthquake), it is evident that introduction of a computerized document management system is required to provide easier access to the records and their backup to digital format.
Figure 11: Archives
At present, each file stored in the archive is indexed in a separate archive application (we have seen it in Excel) as well as in the manual archive registry which references the key file attributes (such as address of the property) to the location at the archive shelf (line, row).
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Archive files are used daily to check existing files and populate the files with new documents, but there is no backup technology like microfilming or scanning4. The city of Tashkent service has been contemplating the scanning of archives but considers that a major capital investment for required equipment and labor. Also, such a project implies implementation of a document scanning IT solution that should follow international best practices. Oblast services, in fact, have the scanning and indexing software available as part of the UzLR functionality, but they have neither the resources nor the equipment to begin such efforts. The ongoing need to access archived records to extract information will continue to present a significant roadblock to increasing the efficiency of the registration processes.
Unified Cadastre
The services are also responsible for surveying land plots as well as maintaining an inventory of buildings, apartments and construction. These functions are regulated by separate instructions – one for conducting the State Land Cadastre, and one for the state cadastre of the buildings and construction. Those activities are done by different groups of specialists in the Services; the surveying requires special geodetic equipment and license while inventory is performed by former BTI engineers. There is no established regular flow of information from rayons/towns to the central cadastre databank maintained at the Goskomzemgeodezcadastre central level. As noted earlier, the task of building an integrated cadastre is split between two Goskomzemgeodezcadastre subordinate organizations – the National Center of Geodesy and Cartography and “Uzdaverloikha” (former Giprozem). Both organizations are part of different central branches (see the Committee organization chart in Figure 18: Organizational structure of Goskomzemgeodezcadastre divisions) and there is no coordination between the organizations in conceptual designs and data models. Having the central databases developed and maintained by different organizations without coordination introduces not only duplication of the efforts but prevents detection of possible inconsistencies and errors by cross-referencing the information. One such immediate verification would be to check the right holder(s) of the land plot and the building on the plot. More rigorous checks might be performed when cadastre plans of the plots and outlines of buildings and construction are available in digital form and referenced in the same state coordinate system (CK- 42). There is an urgent need to design a unified cadastre, which would integrate spatial data for the land plots, buildings and construction as well as present their actual legal status established through registration. The unified cadastre would also serve as the base layer for other types of land cadastre information – land use and land quality (bonitets) mapping and control, land valuation, protective zones, irrigation, etc.
4There is a Law of Republic of Uzbekistan “About Archival Business” (N 252 15.06. 2010) which defines insurance copy of the archive document to which scanning of the original document is related.
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Section 4. Registration Processes Analysis
According to Article 13 of the Law on State Cadastres, state registration of the rights for the cadastre objects is obligatory for all owners and beneficiaries of the other rights for the cadastre objects. A classification of rights and restrictions that have to be registered are presented in the Appendix 4 - Types of Transactions. The law does not stipulate a penalty for not registering objects but provides security for the properties with the registered rights. Registration is required if an owner or a beneficiary of the rights wishes to transfer or pledge the property, or to fix his/her rights in a modified property after receiving a permit for its physical extension or reconstruction. As a result, in urban areas, the majority of real estate properties have been recorded in the registries. However, according to an unofficial evaluation, there are about 1 million illegal residential buildings and constructions (meaning no permits received and no registration conducted) in Uzbekistan. Those are located mainly in so-called “makhallya5” areas of cities and in rural areas.
Registration Process of a Commissioned Construction or an Allotted Land Plot
The registration process is rather straightforward and consists of a series of the following macro steps: 1. Review the application and its supporting materials;
2. Register the application in the applications register;
3. If needed, review the cadastre plan for the property to define and assign a cadastre number;
4. Communicate cadastre number to the inventory/surveying department for including into the operational cadastre map;
5. Finalize the registration of the property by filling out the registration books; and
6. Prepare the registration certificate (two copies).
This process is mapped out in Figure 12 and involves all departments of the Service.
5 Makhallya are densely populated settlements based on artisan or national criterion and closely ruled according to the internal customs (at the beginning of XX century in Tashkent there were up to 200 makhallya).
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Registration of allotted LP in rayon (town) service of land-utilization and fixed property cadastre
Applicant Department of Department of Real Registration (Legal or Private Reception and Archive Department Estate Cadastre Department Person) Delivery
Land Use and Real Estate Cadastre Service (Self financed organization at rayon/town level)
Check-out application and list of the Validate technical Application for Check-out content of supplementary documentation and the registration of right of the legal documents on materials. Record into need to do field LP usage LP allotment Registry of Applications inspection
Supplement to application materials: - Kokimyat Decision Define and assign for allotment; cadastre number - Acts of Endorsement and field boundaries setting; -Payment of the Enter assigned registration due fee cadastre number in working cadastre plan Record into State Register of Rights for Land Plots
Layout boundaries of Enter records into the LP at the working relevant registration cadastre plan books
Formation of Registration Certificate the cadastre Printing file (dossier) – 2 copies
Formation of the registration part of the cadastre file (dossier) – Submit data to 2 copies department for Record indexes into land resources archive registry book and state cadastre of rayon (town) Receiving registration certificate and 2nd copy of the cadastre Deliver materials for Storing file the Applicant cadastre file in Archive
Term of registration up to 10 days (For legal persons – 3 days)
Figure 12: Registration of allotted LP in rayon (town) service of land-use and real estate cadastre
The key assumption for this process is that it comes right after the lengthy process of the land plot allotment or the acceptance of the constructed building by a special Khokimyat commission. That means
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the object cadastre documentation has been recently prepared by a licensed surveyor and reflects the actual object state, so there is no reason to spend any time on the object on-site inspection. In such a case, the registration takes 10 days for a physical person and up to 3 days for a legal entity. For the properties that do not have a cadastre plan and technical documentation, the overall process takes at least 40 days. The time is required for a licensed surveyor of the Service to do the fieldwork, set/survey actual boundaries and obtain the property neighbors’ consent on setting the boundaries. This more general process, which includes property demarcation and preparation of the cadastre plan and technical materials, is presented in Figure 13: First Registration of a LP in rayon (town) service of land-use and real estate cadastre
1st Registration of a LP in rayon (town) service of land-utilization and real estate cadastre
Khokimyat of rayon Applicant Department of Commercial Bank Department of Real Registration (town) (Legal or Private Reception and Archive Department Estate Cadastre Department (Authority of territory) Person) Delivery
Land Use and Real Estate Cadastre Service (Self financed organization at rayon/town level)
Check-out application Application for Validate technical Decision for LP and the supplementary Check-out content of Cadastre File documentation define allotment stating the materials. Record into the legal documents formation and setting the payment for the purpose of the usage Registry of Applications on LP allotment boundaries in the field field work service
Payment thru the bank Bank receives Define the date for field for the field work payment and issue inspection services receipt Define and assign cadastre number
Check the payment Visit the field and Delivery of the receipt and notify Applicant survey the Land Plot to the office about the date of the and setting the field visit boundaries
The applicant will have Prepare the cadastre to have neighbors plan ready at the date of the cadastre engineer visit Visit field and have the Record into State boundaries to be Register of Rights for signed on with every Land Plots neighbor Payment thru the bank Bank receives for the registration of payment and issue the LP receipt Enter records into Formation of relevant registration the cadastre books file (dossier) – Filing application for 2 copies LP registration and Check the application deliver with the receipt and the payment Registration Certificate to the office Printing Enter assigned cadastre number in working cadastre plan Adding Layout boundaries of registration Record indexes into the LP at the working documents to archive registry book cadastre plan the cadastre file - 2 copies Receiving registration certificate and 2nd copy of the cadastre Deliver materials for Storing file the Applicant cadastre file in Archive
Figure 13: First Registration of a LP in rayon (town) service of land-use and real estate cadastre
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Registration of Secondary Transactions
The registration process is more complicated for secondary transactions in cases when the object might have been modified since its previous registration. In fact, any reconstruction or change to the property’s physical characteristics should legally be done upon receiving the permit and updating of the cadastre plan. Considering very few owners apply for registration when the object changes, the secondary transactions become more complicated than the straightforward process reviewed above. In general, the process of the secondary transaction is divided into three stages. The first stage is to receive an extract for the property showing its current title status and verify the object’s actual state as presented by the registered records and cadastre plan stored in the Service cadastre file. The second stage is to legalize the transfer agreement between the Grantor and Grantee. The final stage is to apply for registration of the new legal status (new rights holder/beneficiary or/and new encumbrance) of the property. The details of the stages are described below in Table 1. A diagram of the workflow steps of the first stage mapped in Figure 14 and the second and final stages are presented in Figure 15.
Table 1. Transfer of the Real Estate (Building/Construction)
Time to No. Procedure Agency Complete
Stage I – Extract
1 Payment of a fee at a commercial bank for obtaining an extract A 1 day from the State Registry. commercial bank (in the The service fee is paid to the settlement account of the City of cadastral services through a bank. The seller pays the fee for Tashkent it the services before applying at the Cadastral Service office. is located in the same building floor as the Service)
2 The seller applies for the extract concerning the real property The Service Same day at the Service office of the district. office
The seller submits the application and the bank receipt confirming the payment of the service fee (obtained in Procedure (1) through the single window reception department of the district service.
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Time to No. Procedure Agency Complete
3 Review the extract application and the requested property The Service 3 days – for status and perform an inspection of the property to determine office legal entities; its actual state and compliance with the cadastre file. Prepare the extract. For physical
As presented in the diagram, the application comes through persons: the reception and is recorded into the registry of the requests 10 days for for extracts. It is then forwarded to the registration apartment; department for a preliminary examination. The examination has to check that the requested property is not in the registry 30 days for of suspensions and prohibitions. If it is, the extract is not building provided and the applicant is only notified if any transactions with the property are suspended. To avoid fraudulent actions (i.e. trying to conclude and notarize several transfer contracts with the same property) it is also checked if there were any other extracts provided in the last 30 days (i.e. the term of the validity of the extract). If so, then the extract is not provided.
Upon completion of these checks, the request goes to the Service inventory staff to visit the property and confirm its current state and compliance with the cadastre records stored in the archive. In case any major modifications are identified either in the building construction or land plot area, the extract will not be provided. Instead, a notice is prepared for the applicant informing them to apply for the legalization of the modifications. That may involve applying at the Khokimyat one-stop-shop to receive a permit for the modifications (see the Land Selection and Permitting process workflow). After receiving all legal decisions, the cadastre plan is updated and the modifications are registered (the process is presented as Land Allocation workflow). Only after the cadastre file records are in full compliance with the actual state of the property, may the applicant (Grantor) apply for the extract to start the transfer of the property to the Grantee.
Once the actual state of the property is compliant with the
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Time to No. Procedure Agency Complete cadastre documentation, the Service prepares the extract and provides it to the applicant. The Service records the issuance of the extract in the registry of issued extracts. The extract includes the details about the property holder’s name, type of person (legal or physical), type of property, address and location, type of right, main technical parameters of the property and land plot, registered rights and restrictions and the references to the State Registry records. The extract is effective for 1 month.
Stage II – Notarization of the Transfer
4 Collecting all debt clearance statements from the municipal Municipal From 7 to 30+ service agencies and local days service If the transfer is between two physical persons and related to a agencies, residential property, the Grantor must clear the property of all tax debts for the communal and utilities services such as authority electricity, water, heating, telephone, building service, passport registry on other family members living at the property, gas lines, sewage and some other. Some services are using the provision of such clearance statements as means to enforce the maintenance of the meters inside of the apartment or building (such as water supply).
For the family members registered for the same property (there is a so-called institution of the citizens’ household registration by address of living performed by a district passport office) the written consent for the transfer will have to be received.
We were told there are two ways for the Grantor to deal with this situation – one is official and another is to involve an agent (realtor). The official procedure to request the debt clearance statements takes at least 3-4 days per each agency statement. Obtaining some statements requires presenting of other agencies statements. The entire process may take up to 30 days. The other option, through a realtor, costs more for the
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Time to No. Procedure Agency Complete agreed on service and takes about 7 days.
For a legal entity, the entire process is simplified because the property recorded in the company books and the debt status is checked by an audit.
5 Payment of state fees and notarization costs at a commercial Commercial 1 day bank bank
The cost of notarization is paid to the state budget as only state notaries operate in Uzbekistan. Note that the current minimum monthly wage (MMW) is UZS 49,735 and most of the state fees are defined as a percentage of the current MMW. The fee for notarization of the real estate property transfer agreements depends on the building/construction area (2% of the MMW per sq.m of the property) and about 72-80% goes to the notaries, 10-15% to the Justice Department and the remaining amount is a stamp duty (the exact percentage depends on the type of the transaction and persons involved – legal or physical).
6 Notarization of the transfer agreement between the Grantor State 1-3 days and Grantee notary
The sale agreement is notarized by a state notary. To notarize the sale agreement, the following is required:
- Present the original Grantor certificate of registration as well as the valid Extract of the State Registry;
- The transfer contract;
- The acceptance act which certifies the completion of the financial arrangement between the Grantor and Grantee;
- The company establishment documents and passports;
- The debt clearance statement of the prescribed list of the municipal and local agencies (9 in Tashkent);
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Time to No. Procedure Agency Complete - The consent of the persons registered at the address of the transferred property.
There is no legal requirement for the contract of a transfer of a building and land plot to be prepared by a lawyer. The parties may prepare the contract themselves or use a model contract for a specific type of transfer. However, under the Uzbek legislation, all economic contracts with the cost exceeding 200 minimum monthly wages shall be concluded only after the issuance of a lawyer's legal opinion on the contract. The legal opinion shall be made either by an in-house lawyer or by an advocate. The Grantor and the Grantee sign and seal the transfer contract and the acceptance act. There is no standard or specific form established for the acceptance act. According to the Civil Code, the parties shall sign an acceptance act or any other document on the transfer of real property from the Grantor and the Grantee. The companies may use a lawyer to prepare the acceptance act that might charge between UZS 10,000 and 30,000. At the same time, the notary will notarize the copies of company establishment documents (in the case of a limited liability company, these would be charter and company establishment agreement) of the Grantor and the Grantee. The originals of the company establishment documents shall be presented to the notary. The notary makes copies of the original documents and notarizes them. Another specific duty of the state notary is to verify the absence of debts on the property by checking all of the debt clearance statement received by the Grantor in Procedure 4. The notary has to verify that all of the related to the Seller persons (family members) have endorsed in writing the property transfer.
At the completion of this procedure, the Grantee receives the cadastre file from the Grantor and all of the notarized documents to apply for the property registration in the name of the Grantee.
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Time to No. Procedure Agency Complete
Stage III –Registration of the Transfer
7 The Grantee pays the registration fee at a commercial bank Commercial 1 day Bank The registration fee (amounting to half of the Minimum Monthly Wage, i.e. = UZS 24,867) shall be paid by the Grantee to the account of the office for the registration of transfer of the property rights in the real estate. The payment shall be made prior to the application for registration. The Grantee will need to provide the registration office with the payment receipt.
8 Grantee applies for registration at the Registration Office The Service Same day office The Grantee shall apply to the District (City) Office of The Cadastre Service (in this case, it will be the Service of Land- Utilization and Real-Estate Cadastre of the city of Tashkent) for state registration of the transfer of title. He/she should produce the original sale agreement as well as the other documents required, including:
- Transfer agreement;
- Acceptance Act as the certificate of the arrangement between the parties taking place under the Transfer Agreement;
- Extract for the property (prepared in Procedure 3);
- Grantor’s cadastral package of documents (obtained from Grantor at the completion of Procedure 6) including:
(a) A certificate of the right of the Grantor to the building/land plot
(b) The inventory (cadastral) plans of the land and the building
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Time to No. Procedure Agency Complete - Application (in the established form);
- The notarized copies of foundation documents (in case of a Limited Liability Company, these are Charter and Foundation Agreement) of the Grantor and the Grantee or (obtained in Procedure 5);
- The document establishing the right of ownership for the building. This document is not compulsory for submission of the secondary registration which we present here, however, usually this document must be in possession of the owner of the building; and
- Bank receipt confirming payment of registration fee (obtained in Procedure 7).
9 The Service office issues a registration certificate with the The Service 10 days name of the Grantee office for physical The Grantee’s application is reviewed by the registration office. persons The registrar inspects the authenticity of the presented documents, including verification through the database, 3 days for registers the transaction electronically in the cadastral book legal and issues the certificate of title registration to the new owner. entities The district (city) service office enters the new information into the district (city) cadastre book for non-residential properties, the district (city) registry book for residential properties (of the buildings and constructions) and the state registry for the land plot rights. The registrar also records all information in the relevant supplementary registration books (see chapter Office Processes).
The registrar terminates the certificate of registration of the property recorded in the name of the Grantor and issues a new registration certificate in the name of Grantee. After the registration, the following documents included in the cadastral package are provided to the Grantee:
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Time to No. Procedure Agency Complete
(1) Cadastral document (file) of the building, with the new certificate of registration of the right of ownership to the building; (2) Cadastral document (file) of the land plot with the certificate of registration of the right of lease to the land plot; (3) Cadastral plan of the building; (4) Cadastral plan of the land plot; (5) The lease contract for the land plot between the new lessee (the Grantor) and the Khokimiyat (local government); and (6) The original registration certificate establishing the right of ownership to the building (the one submitted to the registry) and the certificate for the right registered for the land plot with the name of the Grantee.
The cadastre file has the other original version of the new documents stored in the office archive.
10 Submit the cadastral package to the local tax authorities Local tax 2-3 days authorities In the city of Tashkent, the Service submits the information concerning the change of the registration records for the property to the local tax authorities in order to update the land and property taxation records for new taxpayer.
Overall, the process of a property transfer may take a minimum of 35-40 days for a physical person and a minimum of 10 days for legal entities (considering the legal entities do not need procedures 4 and 5; and procedure 9 is performed faster for legal entities).
Doing Business Report - Registration Analysis
As part of the World Bank mission assessment, there a specific property transfer case reviewed in the Doing Business report (http://www.doingbusiness.org/data/exploreeconomies/uzbekistan/registering- property). The presented case assumes the transfer of the existing property (land and the construction on it) from one legal entity to another. The case assumes that the Seller has all legal and technical documents for the properties in order (a registration certificate for ownership on the construction, a registration certificate for land lease agreement, and cadastre documentation on the construction and the land plot). For that particular case, the above general secondary transaction process executes in
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rather straightforward sequence of steps. The details of the case’s related steps are presented in Appendix 5. Doing Business: Registering Property in Uzbekistan.
The summary for the case is about 10 days for the completion of the transfer of the land plot and the construction on it, and receiving the registration certificates for the construction and the land plot with the Buyer’s name within 8 steps. The difference between these results and what was presented by the Doing Business report (see http://www.doingbusiness.org/data/exploreeconomies/uzbekistan/#registering-property) is due to the Doing Business analysis including a few extra steps from the general secondary transaction process, which are not applicable for this particular property case transfer. Specifically, they included steps 4, 5 and 6 (inspection of the property, preparation of the cadastre plan and neighbor consent on the boundaries, and issuing of the registration for the Seller) which took more than 50 days, but are not applicable for the particular case of transferring an existing registered property with all of the documentation in place. Those steps are applicable only if the Sellers have not previously registered the properties or if their cadastre documentation is either missing or found to be incompliant with the actual state of the property.
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Transfer of the Real Estate (Building/Apartment) – Stage I: Extract
Tax Agency and Grantor Grantee Department of Department of Real Registration Commercial Bank Various Utilities and State Notary (Private Person - (Private Person - Reception and Archive Department Estate Cadastre Department Archive Department Services Agency Seller) Buyer) Delivery
Land Use and Real Estate Cadastre Service (Self financed organization at rayon/town level)
Payment for the Bank receives Extract of the State payment and issue Check-out application Registry for the Check-out records for receipt and the payment. property – state fee the property in State Record into Registry of Registry and other Applications No transactions are registries allowed with the Application for an property Extract of the State Registry
Is property Yes under arrest?
No Visit the field and Has there inspect the property on Extract been compliance with the No Yes issued within last Cadastre File records/ month? plan
Is property matching the Yes plan?
No other extracts No allowed within a month Record in the Cadastre Prepare the Extract File that the actual out of the State state of the property is Registry not matching the registered plans of the property Applicant is notified that his property has been modified and The Grantor the modifications will will have to apply have to be officially for the property permitted and Prepare notification of Register the Extract in modification registered before the Applicant the Registry of the registration applying for receiving issued Extracts and before applying an extract and add the Extract to the for the registration of proceed with the Cadastre File the transfer transfer
Receiving Extract out of the State Registry Deliver Extract to the Storing Applicant cadastre file in Archive
End of Stage I - Extract
Figure 14: Transfer of the Real Estate (Building/Apartment) – Stage I: Extract
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Transfer of the Real Estate (Building/Apartment) – Stage II: Notarization and Registration
Tax Agency and Grantor Grantee Department of Tax Agency and Grantor Grantee Department of Real Registration Commercial Bank Various Utilities and State Notary (Private Person - (Private Person - Reception and Archive Department Commercial Bank Various Utilities and State Notary (Private Person - (Private Person - Estate Cadastre Department SSeervrviciceess A Aggeennccyy SSeelleller)r) BBuuyyeer)r) Delivery Continuing of the Land Use and Real Estate Cadastre Service Bank receives Transfer Process – (Self financed organization at rayon/town level) payBmaennkt raencde ivsesus e payBmaennkt raencde ivsesus e Stage II Breacneki pret ceives pEaaycmhre eAncgte eaipnntcdy i spsreupea res Applying to various paSymtaretencmte aeipntdt oisns tuhee agencies to confirm no Properretyc eaipntd Owner debts are over the Validate technical debt status property Check-out application documentation and the and list of the need to do field Check-out content of supplementary inspection (in case the the notarized transfer materials. Record into registration is within a agreement and the Collect all debt Registry of Applications month after the Extract Seller’s cadastre file. clearance statements, the field inspection is Cadastre File, Extract not needed) of the Registry and prepare the Transfer Agreement to apply for notarization Record right holder (Grantee) name into State Register of Rights for Land Plots Pay the due Bank receives notarization fees payment and issue including state fee, receipt notary services and stamp duty Enter records into Notary checks all of relevant registration the documents books provided Both Parties or their attorney will have to come to the notary Registration Certificate Is everything Printing with the name OK? of the Grantee - No Debts No - Extract - Persons Fix the problem and - Fees reapply to the notary Submit data: - to department for Yes land resources and state cadastre Formation of the Notarize the transfer of rayon (town); registration part agreement - to tax authority. of the cadastre file (dossier) – 2 copies Grantor transfers to Grantee receives all of Record indexes into Grantee all of the the documents for the archive registry book documents for the property and begins property: registration in its name - Cadastre File from paying the due - Notarized Transfer fee for the registration Storing Agreement updated cadastre file in Archive Bank receives Pay the payment and issue registration fee receipt
Apply for the property registration with all of the supplementary documents
Receiving registration certificate and 2nd copy of the cadastre Deliver materials for file the Applicant End of the Transfer Process – Registration Completed Figure 15: Transfer of the Real Estate (Building/Apartment) – Stage II: Notarization and Registration
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Section 5. Best Practice Case Study - Public Registry Reforms in Georgia
The mission has considered best practices for registration reforms and identified Georgia as a case study since Georgia is similar to Uzbekistan in being a post-Soviet country. Reforms implemented in its property registry ranked it as top reformer in the Doing Business Report 2006. In 2010 - 2011 ranked Georgia as second in the world on the property registration.
Pre-reform status
From 1998-2004 property registration in Georgia was performed by two different institutions; the Technical Bureau of Inventory and the Georgian State Department of Land Management. This caused great confusion for the general public. The State Department of Land Management (SDLM) was the responsible institution for land administration and land management, creating a conflict of interest in terms of public management.
Besides the need to refer to different institutions for registration, the procedures were vague and not clearly defined. For example, the timeline of registration was not specified and the office used the general administrative code that allowed one month for issuing certificate (usually violated). Document flow in the registration offices was chaotic, going through unnecessary administrative chains of control leading to inefficient use of time and human resources.
The State Department of Land Management, directly subordinated to the Government, had a wide range of responsibilities and functions, including registration of property rights and maintaining the cadastre, privatization of state owned land, leasing of state owned land, categorization and valuation of land for taxation purposes, compiling land statistics, controlling the use of land and natural resources, mediating land disputes and other land management tasks. Some of these responsibilities conflicted with each other which lead to corrupt practices. In addition, roles and responsibilities of SDLM were overlapping with some other government entities: Ministry of State Property Management, Ministry of Urbanization and Construction, Bureau of Technical Inventory, State Department of Geodesy and Cartography, Ministry of Agriculture and the Chamber of Public Notaries. Moreover, the local offices of SDLM were accountable to the local authorities which led to serious political influence over land valuation, registration and land dispute processes.
A persistent lack of funding (SDLM was State funded) created serious constraints for SDLM in performing its services. For consumers -- individuals as well as legal entities -- the registration process was very complicated and time-consuming. Citizens had to pay many official or unofficial fees. According to Doing Business 2005 (reflecting the situation prior to 2004), registration of property required 8 procedures, 39 days and the cost was 2.5% of property value.
Property Registration Reform
After the Rose Revolution the government launched radical reforms in the country and initiated large anti- corruption measures. A working group was established within the SDLM for developing a reform strategy
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The cadastre and registration system reform had four main pillars: institutional, legislative, administrative and technological.
The first phase of the reforms focused on legal and institutional issues that took almost 10 months. In June 2004 the Parliament approved the Law on State Registry. In line with the structural reorganization of the Government of Georgia, the State Department of Land Management was liquidated and the National Agency of Public Registry (NAPR) was established under the Ministry of Justice as a self-financing public legal entity. Some of the duties and responsibilities of the Bureau of Technical Inventory (BTI) were absorbed by the NAPR. Currently the role of BTI is limited to serving as a repository of the registry archives in Tbilisi. The land management functions of the SDLM were shifted to the Ministry of Environment and Ministry of Agriculture, and the surveying service was transferred to the private sector. The new structure allowed the NAPR to become a self-sustainable agency. The creation of the NAPR practically provided a basis for the establishment of a new registration system. Land management offices have been transformed into regional registration offices which are free from the influence of the local government. The central government is responsible for the registration of property rights.
In December 2004 the Law on Registration Fees for Services of the National Agency of Public Registry was approved. This law defined the fees chargeable by the NAPR for its services and established a specific timeline for the provision of these services. With the exception of agricultural land registration, the fees under the new law were slightly higher than the official fees charged by the SDLM. To eliminate the corruption in the registration process, customers had the ability to refer to the fee schedule and payment terms of the law. NAPR introduced expedited services with increased fees for those customers that were willing to pay extra to register their property in a day. The processing of all payments was transferred to the commercial banks, and the agency discontinued the fee payment practice at the registry.
Through the institutional reform the agency created a one-stop-shop for customers that significantly simplified the registration procedures and offered improved services. Currently customers apply only to the National Agency of Public Registry, instead of the BTIs, the Chamber of Notary and the Land Management Office. By optimizing registration procedures the time period for registration was significantly shortened. Registration fees were also differentiated based on the complexity of the application. Registration of municipal properties as well as registration of real estate under construction was added to the system.
In terms of the administrative reform, the agency selected qualified professionals through a qualification exams system, and the recruited staff were offered increased salaries. The administrative reform included dramatic changes. The old management of the SDLM was terminated. The staff moved to the new registry, but had to apply for their positions and take an exam to retain their positions. A massive recruitment campaign launched through the mass media invited all interested candidates to apply. NAPR conducted over 3,000 examinations. The average salary of an SDLM employees of 41 GEL ($23) in 2003 was increased to 740 GEL ($411) in 2005. This increase was possible due to the introduction of the new registration fee
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NAPR began the process of centralization of the information and structuring the registry. The accountability of the local offices was shifted from the local governments to the NAPR central office. The maintenance of the information was transferred to the information management center. Accounting and procurement was conducted through the NAPR central office.
The main objective of the technological reform was the development of a registration software, integration of the registration offices into an electronic network; creation of a unique database for the system; accessibility of information through the internet; online operation and assurance of disclosure of information. The registration software called NAPReg was developed based on an Oracle database interface with mapping information produced through an ESRI (GIS software provider) based format. Integration of the cadastral data for the whole country (that is, ortho-photos, satellite photos and other electronic data) was undertaken with the assistance of donor funding and placed on the server. Currently, the information can be accessed through an NAPR web-page (www.napr.gov.ge). The database allows searches by name, surname, address, cadastral code, registration number and by any specification implied by the database. It also provides information on the existence of liens on properties.
The new set of legislative amendments from December 19, 2008 unified all regulations for the registration of rights on movable property (in relation to lease and pledge agreements), thus simplifying all property registration procedures for applicants. Registration of rights on movable property and approval of signatures on agreements are done immediately after application. It takes three days to issue a mortgage certificate, make changes to it and register restrictions on property. Registration of rights to immovable property takes 4 days; and registration of a proprietary right to land takes 10 days. Standard fees were replaced by expedited procedures for eleven different activities of the registry. As a result, all aforementioned procedures can be accomplished in one day, for a special fee.
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Section 6. Recommendations
Policy and Institutional Arrangements
It is critical that the GoU develop an overall strategy for the reform of the land registration and cadastre system that will clearly identify a vision and an action plan for institutional, financial and technological enhancements. Although various public organizations in Uzbekistan have commented on the importance of reforms, it is unclear what they mean by the reform, what accomplishments they are targeting to achieve and what tools they are planning to use.
The GoU should adopt a new law on property registration, followed by specific regulations and by-laws improving the organizational and methodological support for the registration services.
The GoU should initiate the establishment of the private land ownership system in the country. At this initial stage, the government can start by privatizing the land under the buildings. There is little sense in keeping land under the private commercial constructions as well as residential buildings in state ownership.
All of the cadastre and registration services should be reorganized into a single, self-financed national registration and cadastre agency.
The registration and cadastre agency should maintain and administer an integrated national cadastre of the immovable property.
The registration and cadastre agency should prepare and issue, as a legal normative act, standards for the digital cadastral survey data submitted by the private sector.
The registration and cadastre agency should enable electronic data exchange with other organizations to speed up the process of registration and eliminate extracts of compliances provided by other organizations (notaries, tax agency, Ministry of Architecture and Construction).
The registration and cadastre agency should work with the related institutions on designing, developing and maintaining the Unified System of State Cadastres.
Services of the cadastral surveys should be transferred to the private sector. Although, theoretically the coexistence of the state and private land survey systems is possible, as a practical matter, it does not work due to the lack of free and open competition.
The method for calculating service fees should be revised to ensure financial sustainability and efficient operation of the institution, as well as fair and affordable charges for public;
Initiate capacity building activities. Employees of the concerned agencies should be regularly trained in the technical as well as legal issues in order to improve the quality of the services provided by the state to the public. A public awareness campaign should be launched that will increase clients’ understanding of their rights and obligations.
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Procedures
Surveying of already registered properties should be eliminated unless there is a change in the configuration of the property boundaries. The system should have confidence in the registry records. This will save resources and time.
Laws and regulations need to be elaborated (which is currently nonexistent) which will clearly define the list of documents required for registration of rights that will eliminate the practice of requesting additional documentation by the registry offices.
The government should facilitate development of a Land Registration Manual. The employees of registration services should be trained using this manual as a guideline for registration to ensure consistency to the standard procedures all over the country.
Requirement of registering property within 30 days from the date of the transaction should be clearly stated in the sale-purchase contract. Notaries also have to inform buyers about this requirement.
Separate registries in the cadastre and registration services should be integrated using computer technologies.
The registries should be integrated with the cadastre using modern GIS technologies.
Data about old transactions should be scanned and maintained in an electronic format for easy tracking (mainly involves data from BTI).
Some Specific Comments
The analysis of the registration process (Section 4. Registration Processes Analysis) exposed one of the most cumbersome steps for a grantor to obtain all required debt clearance statements for the property as well as for the grantor. This is step 4 of the Stage II (Notarization of the Transfer) according to the description of the process in Table 1. Moreover, as we have learned from various interviews, the notaries are not able to perform the thorough and responsible verification of the Grantor’s debt status. It has been admitted that this verification is rather superficial and the notaries are at best simply counting the number of statements required and have no ability to verify the authenticity of documents.
Due to this situation, we recommend that notaries and the registration service drop this inappropriate function. Understanding the need to ensure that the local utilities and services are adequately and timely compensated by households and apartments owners, we recommend that local municipal authorities set procedures and allocate resources for tracking the debt status of every local service consumer. The local municipalities will have to define mechanisms, including appeal to the court, for repayments or other means of receiving compensation. That will enable municipalities to take more control over their jurisdictions and at the same time generate timely inflow payments from all owners, not only those transferring their property. The municipalities may even appeal to the court and apply to the registration
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The property registration fee in Uzbekistan is calculated as a percentage of a minimum salary which unfortunately may not be a fair representation of actual costs. According to international experience, registration fees could be based on the property value, if the documents being registered resulted from a transaction, or could be based on the actual cost of the services provided by the registration office. Since there is no efficient and transparent property valuation system, it is better to link the fee to the cost of the services provided. Note, however, that countries that have recently introduced title registration systems have discovered that charging high fees for first registration can cause the public to avoid the first registration and delay it until the prospect of the sale or transfer secondary transaction. This is because even a flat rate fee for first registration is an involuntary, unrecoverable cost and hence a disincentive to registering the title. Governments are reluctant to waive fees for first registration and forgo the potential revenue that first registration can generate. However, international experience has shown that governments that do not charge fees on first-time registrations, or charge only very low, nominal fees, quickly recover their investments on subsequent transactions, increased property tax collection, and economic growth through real estate transactions and finance. Low initial registration fees also remove a significant disincentive to registration and consequently result in greater coverage for the cadastre as a whole. In Uzbekistan, the fee is determined by the GoU and would not require an amendment of legislation by the Majlis.
The following table suggests which reform actions should be undertaken in the short-term vs longer-term.
Short-term recommendations:
Recommendation Type of Problem addressed by the recommendation recommendation
Create intergovernmental working group that Strategy Nonexistence of vision and unified will come up with Unified Property Property Registration Strategy Registration Strategy
Develop a Strategy for Unified Property Strategy Nonexistence of vision and unified Registration Institution to separate land Property Registration Strategy administration and land management responsibilities
Consolidate different legal documents and Legal Reform Fragmented and outdated regulations into a single law legislative framework
Transfer land surveying responsibilities form Institutional Government limiting competition in state to the private sector to support the Reform land surveying and monopolizing development of private land surveyors service
Assess training needs for the employees of the Human Resources Low skill levels in registration
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Registration Offices offices
Conduct regular trainings for the employees of Human Resources Low skill levels in registration registration services based on identified needs offices (possibly on respective legislation, registration procedures, etc)
Establish government program for providing IT Lack of computer equipment and computer equipment and network inability by the cadastre services to infrastructure to all cadastre services of self-generate enough revenue for Uzbekistan the investments
Initiate a Public Awareness Campaign to Public Outreach Lack of public awareness on rights educate public on the benefits of property and responsibilities regarding registration. Maintain a hotline to track the land/real estate quality of the services provided to the public
Longer-term recommendations:
Recommendation Type of Problem addressed by the recommendation recommendation
Standardize the procedures for processing Legal Reform No detailed registration procedures. every type of the registration transactions This leads to inconsistencies in interpreting various instructions and regulations
Develop Registration Guideline/Manual for Legal Reform No Registration Guideline/Manual Registrars for Registrars that results in inconsistencies in the various registration offices
Notaries and the registration services should Legal Reform Requirements for utility payments be removed of the duty to check the debt for the registration of property clearance statements for the Grantor and the extends the timeline for registration property upon registration
Define regulations and procedures for Legal Reform Municipalities are not able to collect municipalities to apply with registration of the due payments for the utilities prohibitions for the properties, which have provided to households/apartments failed to compensate the due payments for the consumed utilities (power, water, sewage, etc.) and related auxiliary services
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Prepare a strategy for the development of a Legal Reform Undeveloped pledge registry pledge registry
Unify registration of the property sale and Legal Reform Undeveloped hypothec regulations hypothec regulations that leads to specific legal problems during the sale of the property through hypothec financing
Allow private sector involvement in surveying. Institutional reform Cadastre services and GUP Greater reliance on the private sector could “UzGASHKLITI” of GosArchitectStroy add to efficiencies and stimulate development have monopolized the production of of the related services especially in the the surveying plans for properties creation of spatial data and populating the integrated national cadastre with different thematic layers
Focus government mapping institutions on Institutional reform Cadastre services and GUP standards, quality and NSDI. The government “UzGASHKLITI” of GosArchitectStroy should focus on producing base maps and have monopolized the production of validating and integrating the data produced the surveying plans for properties by private licensed surveyors
Create one self-financed institution for unified Institutional and Different registries exist for and centralized cadastre and registration for Financial Reform different properties and maintained buildings and land by different self-financed semi- autonomous services
Recalculate tariff system to be consistent with Financial Reform Current tariff system is inadequate ongoing developments for operation of the self-financing institution
Build a strong capacity for ongoing training, Human Resources Lack of appreciation by the public support and maintenance of the system and institutions that the property users. Establish regular training and cadastre and market development certification programs for cadastre and will require continuous efforts in registration offices staff. building capacity and education of staff and public
Develop/introduce a standardized registration IT Non existence of standardized and cadastre software application that would registration and cadastre integrate work processes within offices as well application software as enable continuous online accumulation of the data at the central office
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Digitize and unify different records into a IT Paper-based manual registration unified cadastre-registration system; integrate and cadastre with disconnected and data into a central database incompatible automation. Data are stored in separate registries/books and are not unified
Design and implement governmental program Mapping Cadastre services are using paper or of digital- (vector-) based and indexed maps raster index maps which serves as a development for usage by all cadastre services poor base for geo-referencing land and licensed surveyors in producing the detail plot boundaries cadastre maps of the land plots
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Appendix 1. Workflows for Land Parcel Selection and Allotment Process
(Resolution of the Cabinet of Ministers #146 dated 25 May 2011) Figure 16: Selection of land parcel (LP) for the construction design
Selection of land parcel (LP) for the construction design whilst absent urban con struction documentation or its presence
SStatatete C Caaddaasstrtere o of f AArcrchhitietecctuturere o of f AArcrchhitietecctuturere o of ft eterrirtiotoryry CCaaddaasstrtere S Seervrvicicee o of f PPeermrmitittitningg CCoommmmisissioionn o of f teterrirtiotoryry RReeggioionn MMaainin D Deessigignn AApppplilcicaannt t AAuuththoorirtiyty o of ft eterrirtiotoryry (D(Deeppaartrmtmeennt t teterrirtiotoryry oorgrgaannizizaatitoionnss DDeessigignneer r teterrirtiotoryry (D(Deeppaartrmtmeennt t (M(Maainin A Addmmininisistrtaratitoionn o of f InInsstittiututete (L(Leeggaal lo or rP Prirvivaatete –– K Khhookkimimyyaat t (A(Addmmininisistrtaratitoionn) )o of f (S(Seervrvicicee f ofor rl alanndd-- (M(Moorere t htheenn s sixix (D(Deessigignniningg (C(Coommmmisissioionn f ofor r (A(Addmmininisistrtaratitoionn) )f ofor r AArcrchhitietecctuturere a anndd (M(Maainin d deessigignn-s-suurvrveeyy PPeersrsoonn)) oof fr arayyoonn ( t(otowwnn)) aarcrchhitietecctuturere a anndd uutitlizlizaatitoionn a anndd r ereaal l ddififfefererennt t OOrgrgaannizizaatitoionn)) aallolloccaatitoionn o of fL LPP)) lalanndd r eressoouurcrceess a anndd CCoonnsstrturucctitoionn o of f ininsstitiututete)) ccoonnsstrturucctitoionn)) eesstatatete c caaddaasstrtere)) oorgrgaannizizaatitoionnss)) sstatatete c caaddaasstrtere)) RReeggioionn))
Start 1st Stage
Proposal Taking part in the Taking part in the Taking part in the preparation for commission to commission to Review commission to These activities are not engaged when Application allocation of LP with endorse the endorse the endorse the urban development plans are available (3 days) base plan proposal proposal proposal and then LP selection endorsement is performed by Architecture of territory
Receiving Conclusion on Notice on the day of Endorsement with Ecological Prepare materials joint meeting of the more than six Impact for allocation of LP Region Commission organizations Evaluation – (2 days) ZVOZ 10 days for proposal endorsement (contracting licensed company) Region Commission Science-Technical endorsement of the Council of the LP allocation Institute for (5 days) endorsement
Preparation of Endorsement endorsed materials Protocol preparation for LP allocation for with topo-plan of LP delivery allocation (1 day) (7 days)
Preparation of Preparation of Preparation of materials to conclusion on LP conclusion on LP endorse selection of LP selection selection (7 days) (7 days)
Preparation of Materials Review materials and Preparation of Materials for for Rayon Commission 11 Days to coordinate the prepare Protocol of Rayon Commission selection selection of LP outside selection of LP Endorsement and of LP within urban areas Conclusion on LP of the urban areas Review and selection approve decision (3 days) for LP selection (3 days)
Preparation of dossier Payment for Preparation of dossier (file) (file) on selection of LP dossier on on selection of LP (3 copies) (3 copies) – outside of selection of LP – within urban areas urban areas Start of 2nd Phase
Receiving Decision and Dossier on Contract for selection of LP construction design development End of 1st Stage
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Allotment of land parcel (LP) and field boundaries setting
AArcrchhitietecctuturere o of f SStatatete C Caaddaasstrtere o of f AArcrchhitietecctuturere o of f CCaaddaasstrtere S Seervrvicicee o of f teterrirtiotoryry teterrirtiotoryry KKhhookkimim o of fR Reeggioionn RReeggioionn AApppplilcicaannt t AAuuththoorirtiyty o of ft eterrirtiotoryry CCoommmmisissioionn o of f teterrirtiotoryry MMaainin D Deessigignn I nInsstittiututete DDeessigignneer r (D(Deeppaartrmtmeennt t (D(Deeppaartrmtmeennt t aanndd R Reeggioionn (M(Maainin A Addmmininisistrtaratitoionn o of f (L(Leeggaal lo or rP Prirvivaatete –– K Khhookkimimyyaat t teterrirtiotoryry ( C(Coommmmisissioionn (S(Seervrvicicee f ofor rl alanndd-- (M(Maainin d deessigignn-s-suurvrveeyy (D(Deessigignniningg (A(Addmmininisistrtaratitoionn) )o of f (A(Addmmininisistrtaratitoionn) )f ofor r CCoommmmisissioionn AArcrchhitietecctuturere a anndd PPeersrsoonn)) oof fr arayyoonn ( t(otowwnn) ) fofor ra allolloccaatitoionn o of fL LPP)) uutitlizlizaatitoionn a anndd r ereaal l ininsstitiututete)) OOrgrgaannizizaatitoionn)) aarcrchhitietecctuturere a anndd lalanndd r eressoouurcrceess a anndd CCoonnsstrturucctitoionn o of f eesstatatete c caaddaasstrtere)) ccoonnsstrturucctitoionn)) sstatatete c caaddaasstrtere)) RReeggioionn))
Design Development and Monitoring Contract for construction design Conclude development Contract for construction Monitoring of Approval of the design progress and construction design development timeline of the design development (7 days) Construction Design prepared
State examination of the design (According to the regulations) Receiving design, approval and state examination
Start of the 2nd Stage of LP Allotment
Receive materials Application for LP Receive materials for LP allotment allotment with Review (3 days) for LP allotment outside of urban supplementary within urban areas areas materials
Conclude According to Contract Contract of preparation of the preparation of the materials for LP allotment documents for (Up to 15 days) allotment Decision for LP Take part in allotment and file Review and approval of Commission and formation for LP the LP allotment signing off the allotment and field materials boundaries boundaries setting (3 days) Later will have to be (3 days) approved by decision of Review by Region Kengash deputies (local Khokim (3 days) In cases when decision on LP is not within authority of Khokim of rayon (town) and Region elected council) Commission (5 days) Setting LP Boundaries in Application and field payment for setting boundaries in the field
Preparation of documents stating the Application for right of rights to use LP LP usage РREGISTRATION OF USAGE RIGHT End of 2nd Stage of LP Allotment Figure 17: Allotment of land parcel (LP) and field boundaries setting
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Appendix 2. Organizational Structure of Goskomzemgeodezcadastre Divisions Chairman of the Figure 18: Organizational structure of Goskomzemgeodezcadastre divisions Committee
First Deputy Deputy Chairman Chairman Administration of economic, finances and accounting
Administration of the land Main Human Resources Main Administration of Administration of land use State Cadastral Authority use and land protection specialist Geodesy and Cartography and land management control
Department of the Geodesy and Cartography Unified system of state regulating of land Land monitoring Legal expert Department cadastres department relations and land department management State Border Delimitation State Cadastre of Buildings Department of the land Department of pre- and Demarcation and Constructions use and land protection Special department project, project works and Department Departments control expertise
Department of State Land Disposal of business affairs Cadastre
Entities in charge Self-supporting Services of Land Use and Real Estate National Center of the Oblast and Rayon offices State research institute for Cadastres of AR Administration of the land Geodesy and Cartography of State Land Cadastre Soil Science and Karakalpakstan, regions Agricultural Chemistry resources and State and Tashkent Cadastre of AR Karakalpakstan, regions Samarkand aero-geodesic State Scientific Production and Tashkent enterprise Institute “Uzdaverloikha”
State Scientific Production State Unitary Enterprise State inspection of the Enterprise “Cartography” GUP “GeoInformCadastre” geodesic control
Central aero-geodesic enterprise
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Appendix 3. State registration of rights for land parcels, buildings and departments and transactions with them
Table 2. State registration of rights for land parcels, buildings and departments and transactions with them
Rights for land parcels Rights for buildings and constructions Mortgage contracts
Nonresidenti
Rights for Urban and township Lands of other Department Individual Privatized al buildings Rights for buildings and lands territories al objects housing apartments and land parcels construction construction
# Region
Number of land parcels of land Number ha area, Total ths fees, Registration of UZS parcels of land Number ha area, Total ths fees, Registration of UZS objects of Number ths fees, Registration of UZS objects of Number ths fees, Registration of UZS objects of Number ths fees, Registration of UZS objects of Number ths fees, Registration of UZS of contracts Number ths fees, Registration of UZS of contracts Number ths fees, Registration of UZS of UZS ths fees, registration Total
Karakalpaksta 18237. 25600. 18697. 27714. 1 2099 6920 4601 2764 698 628.3 90878.7 n Region 6 7 5 6
Andijon 10834. 14324. 35885. 31477. 12770. 199703. 2 Viloyati 2176 410.4 2517 659.7 188 3715.5 8636 905 3929.2 3807 1581 9 6 4 6 9 6 (Province)
Buxoro 20946. 17799. 3 371 228.1 2249.3 301 264.6 1927.8 269 2442.8 3802 3310 1407 8341.7 139 626.9 210 951.8 55285.6 Viloyati 0 3
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(Province)
Jizzax Viloyati 11399. 12714. 17565. 4 1113 245.9 9384.6 645 527.4 6654.6 136 3762.1 2919 3149 2007 667 7380.7 68860.5 (Province) 5 0 0
Qashqadaryo 27708. 15403. 22509. 5 Viloyati 4422 62 7498.0 2971 2872 9494.4 2177 589 9395.2 92009.1 8 1 6 (Province)
Navoiy 16502. 35556. 20935. 12779. 6 Viloyati 1348 27.5 5898.1 35 3035.8 658.5 56 1259.4 2673 5736 2113 2 39.6 1373 93630.4 7 9 5 7 (Province)
Namangan 21668. 22014. 18391. 7 Viloyati 138 94.4 1830.9 67 23.4 379.8 87 1355.5 4309 4346 2188 265 210.7 507 4406.3 70257.0 0 1 7 (Province)
Samarqand 45318. 42069. 23817. 42434. 165142. 8 Viloyati 6663 2540.2 76 363.6 580.0 113 2014.3 7483 5026 2818 2 0.8 965 8907.6 3 8 1 4 2 (Province)
Sirdaryo 9 Viloyati 22344. 14034. 50119.3 (Province) 186 24.8 849.6 90 538.2 515.9 6 116.8 4005 3 2684 9846.9 1957 6 199 2411.2
Surxondaryo 1 Viloyati 35556.4 0 15431. (Province) 2584 288.9 0 10 31.6 143.0 1694 6711.2 834 3470.1 890 8719.8 126 1081.2
Toshkent 1 344510. Shahri 1 16361. 89245. 37056. 177320 15150. 5 (Province) 1666 9152.2 3 552 6580.5 6605.3 1 2770.0 19929 4 8802 8 2916 .8 1369 9
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Farg'ona 1 273652. Viloyati 2 19400. 12243. 69336. 68670. 40049. 17119. 4 (Province) 2732 499.4 6 1392 5281.0 2 79 2046.6 7918 1 10631 9 3076 0 1183 9
Xorazm 1 111295. Viloyati 3 23175. 22111. 15497. 12208. 24896. 10432. 4 (Province) 3810 1571.8 9 2865 9576.1 3 167 2950.3 3792 3 2922 4 2521 8 5 22.8 786 6
1 Toshkent 41412. 39121. 141188 40517. 20956. 286753. 4 Shahri (City) 3571 2885.1 0 286 3559.0 10144 0 38659 .0 3555 0 1508 0 0
17968. 238092 26881. 66144. 33490. 431730 416463 494908 124372 1937654 Total: 32879 8 .8 8550 9 1 1450 2 87195 .5 94477 .6 34196 .1 413 900.8 11761 .3 .0
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Appendix 4. Types of Transactions
Table 3. Types of transactions
Right # Right or Restriction Legal Norm Legal Physical Comment Category Persons Persons
1. Permanent ownership Article 20 of Land YES YES Permanent ownership is certified by State Act on the permanent ownership of Code the land parcel
2. Permanent use Article 20 of Land YES YES Permanent use is certified by State Act on the right of permanent use of the Code land parcel
3. Urgent (temporary) use Article 20 of Land YES YES Code
4. Lease Article 20 of Land YES YES Terms and conditions of lease of land parcels are determined by agreement Code, Article 535 between the parties and secured by this agreement. Sublease of the leased land of Civil Code; parcel or its part shall be prohibited, except cases provided by law. (Part of Law Article 5 of Law of the Republic of Uzbekistan dated 30.08.2003, N 535-II) “On lease"
5. Property Articles 16, 18 of NO, NO, The right of ownership of legal persons and individuals on land parcels arises in Land Code except except the way prescribed by law, during privatization of the sale and service objects special special along with the land on which these objects are located. cases* cases* * The right of ownership of foreign legal entities and individuals on land parcels (members of the diplomatic bodies, representatives of the printed media
Rights of Legal and Individual Persons on land parcels on land Persons Individual and Legal of Rights
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Right # Right or Restriction Legal Norm Legal Physical Comment Category Persons Persons accredited in the Republic of Uzbekistan, members of permanent representative offices of firms, companies and international organizations, individuals working on a permanent basis in the enterprises with foreign investment, as well as those residing in the country and have a residence permit, arises during realization of the housing premises in the way prescribed by law, together with the land parcels on which these premises are located. See Sections 1, 7, Chapter 29 of the Civil Code.
6. Perpetual inheritable Article 19 of Land NO YES Perpetual inheritable possession is certified by State Act on the right of possession Code perpetual inheritable possession of the land parcels.
1. Prohibition of sale or Article 29 of Land YES YES Encumbrances associated with land parcel are added into its legal status, another disposal of Code subject to State registration and saved during transition of this parcel to the property possession of other person.
2. Prohibition of sublease YES YES In the case described in section 10 of Article 51 of Land Code – about Lease. and subcontract
3. Prohibition of change YES YES the main target purpose
4. Prohibition of some YES YES activity categories
Encumbrances of Rights for the land parcels the land for Rights of Encumbrances
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Right # Right or Restriction Legal Norm Legal Physical Comment Category Persons Persons
5. Encumbrance with YES YES condition to implement the measures needed for soil preservation and improve soil fertility, maintain the irrigation and reclamation systems in the perfect state
6. Encumbrance with YES YES condition to begin and complete building or land parcel development in specified period
7. Encumbrance with YES YES Carry out certain works, including storing of soil cover, rare plants, State nature condition to comply monuments, as well as objects of material cultural heritage available on the with the nature- land parcel. conservative requirements
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Right # Right or Restriction Legal Norm Legal Physical Comment Category Persons Persons
8. Other obligations YES YES Land parcel may be associated with another obligation, limitation or term established by law.
9. Mortgage YES YES It occurs when the mortgage received on the building and land parcel on which this building is located.
10. Lease YES YES For lessor.
11. Arrest YES YES
12. Protection zones YES YES The protection zones are established by authority decisions in accordance with the regulations of exploitation of infrastructure objects.
1. Easement on the pass Article 30 of Land YES YES Right of limited use of someone else’s land parcel (easement) – right of limited or transit through Code use of one or several neighbouring land parcels. another's land parcel Article 173 of An easement is established by agreement between the parties requiring the Civil Code establishment of an easement and the owner, user, leaseholder, owner of a
foreign land parcel. In case of failure to reach such an agreement, an easement 2. Servitude of drainage YES YES is established by a court decision. work on the foreign land parcel; An easement agreement is subject to State registration and saved during land
Servitudes
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Right # Right or Restriction Legal Norm Legal Physical Comment Category Persons Persons transfer to another person. An easement agreement may be terminated in case 3. Servitude of cabling YES YES of termination of the grounds on which basis this easement was established. and using of the transmission facilities, telecommunications; and
Pipelines, irrigation, engineering and other lines and networks on a foreign land parcel.
4. Servitude of water YES YES intake and watering on a foreign land parcel.
5. Servitude of driving YES YES cattle through a foreign land.
6. Easement of temporary YES YES use someone else’s land parcel for production and exploration, research
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Right # Right or Restriction Legal Norm Legal Physical Comment Category Persons Persons and other activities.
7. Easement of creating YES YES protective forest plantations and other conservation objects on a foreign land.
Easement may be also established for other purposes.
8. Entrusted СТ.СТ.849-854 YES YES Related to the life inheritable possession of a land parcel. administration of property
1. Private ownership Articles 164, 207, YES** YES Article 207. Private ownership right 208, 209, 213, 214, 215, 216 of Private ownership right is a right of possesion, use and disposal of property Civil Code) acquired in accordance with the law.
** Article 208. Parties of the private ownership right
Parties of the private ownership are citizens, business partnerships and companies, cooperatives, associations, social funds and other private legal entities.
Private Property (Buildings and and (Buildings Property Private Constructions)
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Right # Right or Restriction Legal Norm Legal Physical Comment Category Persons Persons
2. Common ownership Article 216 of YES YES The property owned by two or more individuals belongs them on common Civil Code ownership right.
Ownership can be held in equal or unequal shares (ownership in common) or without definition of such shares (joint ownership).
Common property ownership is shared except cases when joint tenancy is stipulated by law.
3. Operating control Articles 165, 178, YES NO An unitary enterprise or institution to which the owner allots the property, 181 of Civil Code gains the right of economic management or right of operating control of the property by law or by owner’s decision.
4. Economic management Articles 165, 176, YES NO 177, 181 of Civil Code
5. Lease Article 537 YES YES
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Right # Right or Restriction Legal Norm Legal Physical Comment Category Persons Persons
6. Entrusted Articles 849-854 YES YES Under a contract of trust management of property, one party (founder of administration of administration) gives to another party (entrusted administrator) the property in property entrusted administration for a certain period, and this second party is obligated to administer this property for the benefit of the founder of administration or an individual specified by the founder (the beneficiary).
The property being in economic management or operating control cannot be transferred to entrusted administration.
The transfer of real estate into entrusted administration is subject to State registration in the same manner as the transfer of title for this property. See Article 84 of Civil Code.
1. Republican ownership Article 214 of NO NO Article 213. The concept of public ownership Civil Code Public ownership is state ownership that consists of republican ownership and administrative-territorial formations (municipal ownership).
The property in republican ownership can be alloted to legal entities on the basis of economic management or operating control right.
Refer to Article 14 of Civil Code.
Objects of republican ownership can be alienated to the private ownership in the manner and on terms established by law.
Public Property Public
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Right # Right or Restriction Legal Norm Legal Physical Comment Category Persons Persons
Refer to law “On denationalization and privatization”; Regulation on denationalization and privatization of state ownership objects, approved by the Cabinet of Ministers 21.07.2006, # 145.
2. Municipal ownership Article 215 of NO NO The property being in municipal ownership are managed by local government Civil Code authorities or authorized agencies, if different is not provided by law.
See Articles 22, 23 of law “On property in the Republic of Uzbekistan”.
The property being in municipal ownership can be alloted to legal entities on the basis of economic management or operating control right.
See Article 14 of Civil Code.
1. Mortgage YES YES Together with land parcels on which building or construction is located.
2. Lease YES YES For lesser
3. Prohibition of YES YES alienation
4. Arrest YES YES
Encumbrances of Rights for for Rights of Encumbrances Constructions and Buildings
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Right # Right or Restriction Legal Norm Legal Physical Comment Category Persons Persons
5. Special conditions of YES YES Monuments of cultural heritage, etc. exploitation, conservation zones
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Appendix 5. Doing Business: Registering Property in Uzbekistan
As part of the World Bank mission assessment, there a specific property transfer case reviewed in the Doing Business report (http://www.doingbusiness.org/data/exploreeconomies/uzbekistan/registering-property). The presented case assumes the transfer of the existing property (land and the construction on it) from one legal entity to another. The case assumes that the Seller has all legal and technical documents for the properties in order (a registration certificate for ownership on the construction, a registration certificate for land lease agreement, and cadastre documentation on the construction and the land plot). For that particular case, the above general secondary transaction process executes in rather straightforward sequence of steps. The details of the case’s related steps are presented in Appendix 5. Doing Business: Registering Property in Uzbekistan.
The summary for the case is about 10 days for the completion of the transfer of the land plot and the construction on it, and receiving the registration certificates for the construction and the land plot with the Buyer’s name within 8 steps. The difference between these results and what was presented by the Doing Business report (see http://www.doingbusiness.org/data/exploreeconomies/uzbekistan/#registering-property) is due to the Doing Business analysis including a few extra steps from the general secondary transaction process, which are not applicable for this particular property case transfer. Specifically, they included steps 4, 5 and 6 (inspection of the property, preparation of the cadastre plan and neighbor consent on the boundaries, and issuing of the registration for the Seller) which took more than 50 days, but are not applicable for the particular case of transferring an existing registered property with all of the documentation in place. Those steps are applicable only if the Sellers have not previously registered the properties or if their cadastre documentation is either missing or found to be incompliant with the actual state of the property.
Below is a detailed summary of the steps, time and cost involved in registering property, assuming a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute.
Table 4. Sample of Standard Property Transfer. Property Value: UZS 86,877,515.55. City: Tashkent
Associated No. Procedure Agency Time to Complete Costs
1 Payment of the fee at a commercial bank for provision of the Extract out of the State Commercial 1 day ~UZS 10,000
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Associated No. Procedure Agency Time to Complete Costs Registry Bank (in the (20% of the City of minimum Tashkent it is monthly wage) located in the as the service The service fee is paid to the settlement account of the cadastral services through a same building fee for an bank. The seller pays the fee for the services before applying at the Cadastral Service floor as the extract of the office. Cadastre State Registry Service)
Seller applies for the Extract about real property at the Cadastral Service office of the Same day Paid in city district Procedure 1 Cadastral 2 The seller files an application with the City (District) Cadastral Service for obtaining an Service Office extract out of the State Registry on the property and provides the Bank receipt confirming payment of registration fee (obtained in Procedure 1).
Inspection of the property to determine its actual state and compliance with the About 3 days Already paid in cadastre and prepare the Extract Procedure 1
The Service properties inventory staff has to visit the property and attest its current Cadastral 3 state and compliance with the cadastre records. In case of major constructive Service Office changes, modifications are identified either in the building construction or land plot area, and the applicant will have to apply to the Cadastre Service to legalize and register the changes according to a separate procedure. In our particular case, the actual state of the property is compliant with the cadastre
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Associated No. Procedure Agency Time to Complete Costs documentation and the Service prepares the Extract and provides it to the Applicant. The Service records the issuance of the Extract in the registry of issued extracts. The extract includes the details about the person’s name, type of person (legal or physical), type of property, address and location, type of right, main technical parameters of the property and land plot, registered rights and restrictions and the references to the State Registry records. The extract is effective within 1 month.
Payment of state fees and notarization costs at a commercial bank 1 day UZS 924,076 - 2% minimum wage per square meter of Commercial 4 The cost of notarization is paid to the state budget as only state notaries are operating surface area of Bank in Uzbekistan. Note that the current monthly wage is UZS 49,735, and the surface area the property is 557.4 m2 (land) plus 929 m2 (building). (notarization of sale agreement and state fees).
Notarization of the sale agreement and foundation documents of seller and buyer 1-3 days In addition to those already The sale agreement is notarized by a state notary which are the only notaries allowed paid in 5 to operate in Uzbekistan. To notarize the sale agreement, it is usually required to State Notary Procedure 4, produce the original certificate of title registration. There is no legal requirement for there are 5% of the contract of sale of building and land plot to be prepared by a lawyer. The parties the minimum may prepare the contract themselves or use a model contract of sale. However, under monthly wage
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Associated No. Procedure Agency Time to Complete Costs the Uzbek legislation all economic contracts with the cost exceeding 200 minimum for each page of monthly wages shall be concluded only after issuance of lawyer's Legal Opinion on the the foundation contract. The legal opinion shall be made either by an in-house lawyer or by an (4 documents advocate. The buyer and the seller sign and seal the sale contract. The buyer and the (total 60 pages) seller shall sign the acceptance act. There is no standard or specific form established – UZS 149,205) for the acceptance act. According to the Civil Code, the parties shall sign an acceptance act or any other document on the transfer of real property from the seller to the buyer. The companies may use a lawyer to prepare the acceptance act that might charge between UZS 10,000 and 30,000. At the same time, the notary will notarize the copies of Foundation documents (in the case of a limited liability company these would be Charter and Foundation Agreement) of the seller and the buyer. The originals of the foundation documents shall be presented to notary. The notary shall make copies out of original documents and notarize them.
Buyer pays the registration fee at a commercial bank 1 day UZS 24,867 (50% of the minimum The registration fee (amounting to half of the Minimum Monthly Wage, i.e. = UZS monthly wage) 24,867) shall be paid by the buyer to the account of the Registering Office for Commercial 6 as the state fee registration of transfer of the property rights in the real estate. The payment shall be Bank for registration made prior to the application for registration. The buyer will need to provide the of a property Registering Office with the document confirming payment of the registration fee into State (payment receipt). Registry
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Associated No. Procedure Agency Time to Complete Costs
7 Buyer applies for registration at the Registration Office Same day Already paid in Procedure 6 The buyer shall apply to the District (City) Office of The Cadastre Service (in this case, it will be the Service of Land-Utilization and Real-Estate Cadastre of the city of Tashkent) for state registration of the transfer of title. The buyer should produce the original sale agreement as well as the other documents required. The documentation shall include: - Sale agreement - Bank certificate of payment received by seller under the Sale Agreement Registration - Extract on the Property (Prepared in Procedure 3) Office - - Seller’s cadastral package of documents (obtained from Seller after Procedure 5) Department of including: Land Resources a) A certificate of right of the Seller to the building/land plot; and State b) The inventory (cadastral) plans of the land and the building. Cadastre - City - Application (in the established form) of Tashkent - The notarized copies of company establishment documents (in case of Limited Liability Company this is a Charter and Foundation Agreement) of the seller and the buyer or other documents providing the persons signing the sale contract with power to do so on behalf of the seller/buyer (e.g. power of attorney) (obtained in Procedure 5). - The document establishing right of ownership to the building. This would be most likely one of the following: Decision of Khokim (the head of local administration/municipality) on recognition of the ownership right, Order of
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Associated No. Procedure Agency Time to Complete Costs ownership, or sale contract concluded with the BTI (Bureau of Technical Inventory). This document is not compulsory for submission for the secondary registrations, however usually this document must be in possession of owner of building. - Bank receipt confirming payment of registration fee (obtained in Procedure 6)
The Cadastre Services Office issues a registration certificate with the name of the 3 - 10 days (for physical Already paid buyer. persons it's up to 10 days and for legal entities- 3 The buyer’s application is reviewed by the Registration Office. The Registrar inspects days). the authenticity of the presented documents, including verification through the database and makes a decision about registration, registers in the cadastral book (computer), and issues the certificate about title registration to the new owner. The District (City) Office shall enter the corresponding alterations into the District (City) land-cadastral Book, the District (City) cadastral Book (of the buildings and Cadastre 8 constructions) and the cadastral documents (cadastral file of the building; the Service Office cadastral file of land plot; cadastral plan of the building and the cadastral plan of the land plot). The Office shall terminate the certificates of registration of the property issued to the seller, the lease contract (on the land plot) with the previous lessee (the seller) and provide conclusion of the contract of lease with the new lessee (the buyer). After the registration, the following documents shall be tendered to the Buyer by the Registry (cadastral package): (1) cadastral document (file) of the building (with the new certificate of registration of right of ownership to the building); (2) cadastral document (file) of the land plot (with the certificate of registration of the
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Associated No. Procedure Agency Time to Complete Costs right of lease to the land plot); (3) cadastral plan of the building; (4) cadastral plan of the land plot; (5) the lease contract on the land plot between the new lessee (the buyer) and the Khokimiyat (Local Government) of the city of Tashkent; (6) the document (original) establishing right of ownership to the building (the one submitted to the Registry) with alterations made as regards the name of the owner.
Overall about 10 days for UZS 1,198,148 transfer of the property or ~$685 USD and land plot from the Seller to the Buyer (as in Total Estimates of Duration and Costs of the Transaction: this particular case between two legal entities and clean property history and cadastre documentation ready)
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Appendix 6. Schedule of Meetings
Table 5. Schedule of Meetings
Date and Time Place Attendees
Monday, The WB Country Office in Mr. Fazliddin Kh. Rakhimov, Procurement June 20, 2011, Uzbekistan Specialist 9 to 10:00 Mr. Emanuel Salinas, Sector Coordinator for Central Asia
Mr. Arif Nasibov, IFC Coordinator of ACAF
Mr. Michael DeLint, WB Consultant
Mr. David Egiashvili, WB Consultant
Mr. Igor Popiv, WB Consultant
Monday, State Committee of the Mr. Tulqin Mansurovich Abdullaev, First Deputy June 20, 2011, Republic of Uzbekistan on Chairman 10:30 to 13:00 Land Resources, Geodesy, Cartography and State Mr. A. Samborsky, Deputy Director General of Cadastre National Centre of Geodesy and Cartography
Mr. Rasul Khakimbekov, Chief Registrar of c. Tahskent Land Use and Real Estate Cadastre Service
Mr. Nazarov, Registrar of the Tashkent oblast Land Use and Real Estate Cadastre Service
Mr. Marat Saidov (chief of department, Cadastre of Building), Mr. Shukrat Arsanov, Mr. Shukrat Bobumaratov, Mr. Khasan Magdiyev – specialists of the Committee
Mr. Makhmed Jamanjarov, chief registrar, oblast of Tashkent;
Mr. Emanuel Salinas, Sector Coordinator for Central Asia
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Date and Time Place Attendees Mr. Michael DeLint, WB Consultant
Mr. David Egiashvili, WB Consultant
Mr. Igor Popiv, WB Consultant
Monday, National Centre of Geodesy Mr. A. Samborsky, Deputy Director General of June 20, 2011, and Cartography of State National Centre of Geodesy and Cartography 14:00 – 18:00 Committee of the Republic of Uzbekistan on Land Mr. Khasan Magdiyev, Chief Engineer of Resources, Geodesy, National Centre of Geodesy and Cartography Cartography and State Cadastre Mr. David Egiashvili, WB Consultant
Mr. Igor Popiv, WB Consultant
Tuesday, The State Committee of the Mr. M. Mirzaboyev, Vice Chairman June 21, 2011, Republic of Uzbekistan on 9:00 – 13:00 Architecture and 5 heads of departments (administration of state Construction supervision, institute of engineering research, administration of architecture and construction)
Mr. Emanuel Salinas, Sector Coordinator for Central Asia
Mr. Michael DeLint, WB Consultant
Mr. David Egiashvili, WB Consultant
Mr. Igor Popiv, WB Consultant
Tuesday, Chamber of Commerce and Mr. A. Shaykhov, Chairman June 21, 2011, Industry 14:00 – 15:30 Mr. N. Sultan-Mukhamedov, Executive Officer
Mr. Emanuel Salinas, Sector Coordinator for Central Asia
Mr. Michael DeLint, WB Consultant
Mr. David Egiashvili, WB Consultant
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Date and Time Place Attendees Mr. Igor Popiv, WB Consultant
Tuesday, The State Property Mr. B. Nazarov, Deputy Chairman June 21, 2011, Committee of the Republic 15:45 – 17:30 of Uzbekistan Mr. U. Vahabov, Head of the Department for Foreign and Public Relations
Mr. Aziz Nagayev, Head of the Department for Valuation and Realtor Activities Licensing
Mr. Abudjan Abdulakhatov, Chief of Department of Auctions
Mr. David Egiashvili, WB Consultant
Mr. Igor Popiv, WB Consultant
Wednesday, Tashkent City Municipality Mr. F. Ziyaev, Deputy Major City of Tashkent June 22, 2011, (Khokimyat) 9:45 – 10:30 Mr. Igor Popiv, WB Consultant
Wednesday Tashkent Land Use and Mr. Gayrat Rasulov, Chief of State Enterprise June 22, 2011, Real Estate Cadastre Land Use and Real Estate Cadastre Service of 11:00 – 13:00 Service (Cadastre and city Tashkent Registration Service) Mr. Rasul Khakimbekov, Chief Registrar of c. Tashkent Land Use and Real Estate Cadastre Service
Mr. Timur Salikhov, System Administrator of the Service
Mr. Igor Popiv, WB Consultant
Wednesday, The WB Country Office in Mr. Emanuel Salinas, Sector Coordinator for June 22, 2011, Uzbekistan Central Asia 16:00 – 18:30 Mr. Arif Nasibov, IFC Coordinator of ACAF
Mr. Michael DeLint, WB Consultant
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Date and Time Place Attendees Mr. David Egiashvili, WB Consultant
Mr. Igor Popiv, WB Consultant
Thursday, Tashkent Oblast Land Use Mr. Nazarov, Registrar of the Tashkent oblast June 23, 2011, and Real Estate Cadastre Land Use and Real Estate Cadastre Service 10:00 – 16:00 Service (Cadastre and Registration Service) and Mr. Anvar Kadimov, Chief of Department; Zamgiote rayon Service Mr. Shokhimargon Jumanazarov, Chief of registry office;
Mr. Murogkhagta Ganikhogmaev, Chief engineer;
Mr. Ratab Kuriazov;
Mr. David Egiashvili, WB Consultant
Mr. Igor Popiv, WB Consultant
Friday, Private surveying company Mr. Sergey Girgoryev, Director June 24, 2011, “BRIGS” 10:00 – 11:30 Mr. David Egiashvili, WB Consultant
Mr. Igor Popiv, WB Consultant
Monday, Commercial Bank Mrs. Liliya Khodjaniyazova, Head of the June 27, 2011, “Hypothec Bank” Hypothecs and Credits Department 10:00 – 11:00 Mr. Jakhongir Mirzaev, Head of Investment project financing and monitoring department;
Mr. Shavkat Ziyaev, Head of department for lending economic sphere;
Mr. David Egiashvili, WB Consultant
Mr. Igor Popiv, WB Consultant
Monday, Departments of Mr. A. Samborsky, Deputy Director General of
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Date and Time Place Attendees June 27, 2011, Goskomzemgeodezcadastr National Centre of Geodesy and Cartography 11:30 – 13:30 e Mr. D. Aymatov, Head of Department of Land Use and State Cadastre
Mr. M. Mamaranyanov, Director of GUP “Geoinformcadastre”
Mr. R. Ilkhomdjanov, Chief engineer of Main Scientific-Production Institute (GNPI) «Uzdaverloyikha» (former “Giprozem”)
David Egiashvili, WB Consultant
Igor Popiv, WB Consultant
Monday, Real Estate Agency “Lebed Mr. D. Lebed, Director of “Lebed Capital Invest” June 27, 2011, Capital Invest” 17:00 – 19:00 Mrs. Valentina D. Dmitriyeva, Director of Real Estate Company “Farif”
Mr.R. Nadjimov, Director of Real Estate Company “Pod Klyuch”
Mr. David Egiashvili, WB Consultant
Mr. Igor Popiv, WB Consultant
Tuesday, The WB Country Office in Mr. K. Mirkasymov, Director of Realtors June 28, 2011, Uzbekistan Working Group 14:00 – 16:30 Mr. T. Norov, “Progress-Development” Ltd.
Mr. Batir Gakulov, Director of Real Estate Company
Mr. Kasimov, Director of Real Estate Company;
Alexsey Ershov, Director of Real Estate Company “Zolotoi Kluch”;
Maskat Abdusagatov, director of Construction
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Date and Time Place Attendees Company
Mr. David Egiashvili, WB Consultant
Mr. Igor Popiv, WB Consultant
Wednesday, State Committee of the Mr. Tulqin M. Abdullaev, First Deputy Chairman June 29, 2011, Republic of Uzbekistan on 9:30 – 12:30 Land Resources, Geodesy, Mr. Bakhriddin B. Isametdinov, Head of the Cartography and State State Cadastre Department Cadastre Mr. Avaz Kh. Alimov, Head of the Land Use and Land Administration Department
Mr. A. Samborsky, Deputy Director General of National Centre of Geodesy and Cartography
Mr. Khasan N. Magdiev, Chief Engineer of National Centre of Geodesy and Cartography
Mr. Rasul Khakimbekov, Chief Registrar of c. Tahskent Land Use and Real Estate Cadastre Service
Mr. Bobmurod Yu. Makhsudov, Head of Information-Analytical Center of registration and real estate cadastre system of National Centre of Geodesy and Cartography
Mr. Nodir Mirzayev, Chief Specialist of Information-Analytical Center of registration and real estate cadastre system of National Centre of Geodesy and Cartography
Mr. David Egiashvili, WB Consultant
Mr. Igor Popiv, WB Consultant
Thursday, Ministry of Economy of the Mr. Ravshan A. Gulyamov, Minister of Ministry June 30, 2011, Republic of Uzbekistan of Economy 10:00 – 12:30 Mr. Shukrat Ya. Ismailov, Head of Main
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Date and Time Place Attendees Department of Macroeconomical Analysis and Forecasting
Mr. Mirchamid O. Turayev, Head of Department of Construction Industry and Construction Complex Development
Mr. Sh. Suyundikov, Executive Head of Department of Cooperation with International Financial Institutions
Mr. D. Abduazizov, Deputy Head of Department on Generalizing of Valuation Indicators and Preparation of Economic Review
Mr. B. Usmonov, Chief Specialist of Department of Forecasting and Macroeconomic Parameters Monitoring
Mr. U. Suvankulov, Lead Specialist of the Department on Generalizing of Valuation Indicators and Preparation of Economic Review
Mr. Zafar Khashimov, IFC Country Officer
Mr. Arif Nasibov, IFC Coordinator of ACAF
Mr. Michael DeLint, WB Consultant
Mr. David Egiashvili, WB Consultant
Mr. Igor Popiv, WB Consultant
Thursday, Communications and Mr. Sanjar Alimov, Head of International June 30, 2011, Information Agency of Relations Coordinator Department 14:30 – 15:45 Uzbekistan Mr. Bakhtiyer Adburasulov, Director of Business Management Center “UzNet” of Stock Company “Uzbektelecom”
Mr. Olimjon Umarov, Head of GOV.UZ Group UZINFOCOM
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Date and Time Place Attendees Mr. David Egiashvili, WB Consultant
Mr. Igor Popiv, WB Consultant
Business cards collected during the meetings are given below:
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