Obtain the evaluation of the market value for the property
Agency: Private evaluator
Although not required by law, since it is a transaction between two companies, it is common practice to hire a private company to conduct an appraisal of the property to determine its real market value.
Time and cost: 7 days, UZS 1,500,000 (1 to 2 million UZS)
Request and obtain Cadastral Certificate
Agency: Department for land resources and state cadastre of the city of Tashkent
The seller obtains the Cadastral Certificate, a document issued to the seller of the property, containing general information about he property (name of owner, rights to the property, valuation and property cadastral number). This is not required by law, but is commonly done in practice by agreement of the parties.
Time and cost: 10 days, no charge
Inspection of a property to determine its status
Agency: Department for land resources and state cadastre of the city of Tashkent
An inspection is conducted to establish cadastral value of the property and to evaluate all possible changes in technical parameters, record new construction and reconstruction etc.
Pursuant to the Order No. 186 from July 10, 2014 the fee for an inspection of the property by experts from the State Committee on Land Resources, Geodesy, Cartography and State Cadastre is set as follow:
- Property with total size up to 100 sqr. m – 1 MMW (monthly minimum wage)
- Property with total size from 100 sqr. m to 1000 sqr. m – 1% MMW per square meter of the property size
- Property with total size from 1000 sqr. m to 5000 sqr. m – 15 MMW
- Property with total size from 5000 sqr. m to 15000 sqr. m – 30 MMW
- Property with total size from 15000 sqr. m to 50000 sqr. m – 50 MMW
- Property with total size more than 50000 sqr. m – 70 MMW
Time and cost: 1 day, UZS 1,130,017.02 (1% of the minimum monthly wage per square meter of land plot area. As of November 1, 2018, the minimum wage is UZS 202,730.)
Seller obtains the certificate stating that there are no outstanding payments due to the water and sewage service provider
Agency: Water service provider
Parties have to submit to the notary the certificates stating that there are no outstanding payments due to the trash collection service use from trash collection service provider. Parties have to request these certificates specifically for the property transaction to demonstrate that there are no outstanding fees that have to be paid before transfer of property takes place. This is not required by law, but is commonly done in practice by agreement of the parties.
As of January 2019, a new electronic system is available to notaries, which allows them to request certification of the absence of debts to utility companies. Such requests are made directly through such electronic system to the applicable utility company. However, in practice this system is not yet widely used.
Time and cost: 1 day, no charge
Seller obtains the certificate stating that there are no outstanding electricity bills
Agency: Electricity service provider
If the system is not used, then parties have to submit to the notary the certificates stating that there are no outstanding payments due to the electricity service use from electricity service provider. Parties have to request these certificates specifically for the property transaction to demonstrate that there are no outstanding fees that have to be paid before transfer of property takes place. This is not required by law, but is commonly done in practice by agreement of the parties.
As of January 2019, a new electronic system is available to notaries, which allows them to request certification of the absence of debts to utility companies. Such requests are made directly through such electronic system to the applicable utility company. However, in practice this system is not yet widely used.
Time and cost: 1 day, no charge
Seller obtains the certificate stating that there are no outstanding trash collection bills
Agency: Trash collection service provider
Parties have to submit to the notary the certificates stating that there are no outstanding payments due to the trash collection service use from trash collection service provider. Parties have to request these certificates specifically for the property transaction to demonstrate that there are no outstanding fees that have to be paid before transfer of property takes place. This is not required by law, but is commonly done in practice by agreement of the parties.
As of January 2019, a new electronic system is available to notaries, which allows them to request certification of the absence of debts to utility companies. Such requests are made directly through such electronic system to the applicable utility company. However, in practice this system is not yet widely used.
Time and cost: 1 day, no charge
Notarize the sale agreement between the seller and buyer
Agency: Public Notaries
According to Article 480 of the Civil Code of Uzbekistan a contract for sale of an immovable property shall be concluded in a written form by formation of one document signed by the parties. Accordingly, the obligation to notarize the sale of a real estate between legal persons is not required by law.
However, upon agreement of the parties, the contract can be notarized. In accordance with paragraph 51 of Instructions on notarial acts of notaries, in case of notarization of the sale contract of a real estate such transactions shall be certified in a notary’s office located at the place where the location of the real state is.
For certification of transactions on alienation of a real estate owned by legal entities, notary requires the following documents:
- Proof of ownership of the property (cadastral certificate);
- Certificate of state registration of the legal entity;
- Certificate on the net book value of the property, signed by the director and the chief accountant of the legal entity;
- Certificate of net assets of the legal entity;
- Power of attorney for a representative of the legal entity, issued in the prescribed manner (if there is no an employment contract between the representative and the legal entity, a power of attorney shall be issued by a notary);
- Act of acceptance of the property;
- Document verifying the payment between the parties (the receipt, payment order)*
*In case the sale contract is notarized, a written basis for the settlement between the parties, namely the conclusion of the preliminary agreement between the parties on the basis of which the payment for the transferred property was made, will be needed in order to provide the notary with a document confirming settlement between the parties.
Time and cost: 1 day, UZS 2,086,091.7 (1% of the minimum monthly wage per square meter of building area + fees charged by notaries for consultations and drafting sale-purchase agreement. As of November 1, 2018, the minimum wage is UZS 202,730.)
Buyer applies for the registration at the Registration Office
Agency: Public Services Center
According to Article 481 of the Civil Code of the Republic of Uzbekistan, the transfer of property rights to immovable property from the seller to the buyer is subject to the state registration. In accordance with Resolution of the Cabinet of Ministers No. 1060 “On measures for further improvement of the order of state registration of rights to immovable property” dated 29 December 2018, the state registration is performed by the local cadastral service offices based on the applications of legal entities and individuals forwarded to such offices by the Public Services Centers under the Ministry of Justice of the Republic of Uzbekistan. Upon completing the state registration, a local cadastral service office issues an extract from the State Register of Rights to Immovable Property that is sent to the applicant via the Public Services Centers.
Time and cost: 22 days, no charge
Buyer submits the cadastral package to the local tax authorities
Agency: Local Tax Authorities
The buyer submits a copy of Cadastral package to the local tax authority in order to update the land and property taxation records to the new owner’s name.
In addition, according to the Tax Code of the Republic of Uzbekistan, authorities involved with the registration of the title must report information on new owners to the tax authorities within 10 days after registration of the title has taken place.
Time and cost: 3 days, no charge