Uzbekistan Doing Business 2020
Uzbekistan Doing Business 2020
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- Uzbekistan Doing Business 2020
- Details – Registering Property in Uzbekistan – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs
- Request and obtain Cadastral Certificate
- Inspection of a property to determine its status
- Seller obtains the certificate stating that there are no outstanding payments due to the water and sewage service provider
- Seller obtains the certificate stating that there are no outstanding electricity bills
- Notarize the sale agreement between the seller and buyer
- Buyer applies for the registration at the Registration Office
- Buyer submits the cadastral package to the local tax authorities
- Transparency of information index (0–6) 3.0
- Geographic coverage index (0–8) 4.0
- Land dispute resolution index (0–8) 7.0
- Equal access to property rights index (-2–0) 0.0
- What the indicators measure Strength of legal rights index (0–12)
- Credit bureau coverage (% of adults)
- Several assumptions about the secured borrower (ABC) and lender (BizBank) are used
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Uzbekistan Doing Business 2020 Page 23
Figure – Registering Property in Uzbekistan – Procedure, Time and Cost This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. * Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the website ( ). For details on the procedures reflected here, see the summary below. Doing Business http://doingbusiness.org/en/methodology Procedures (number) 1 2 * 3 * 4
* 5 * 6
7 8 9 0 5 10 15 20 25 30 35 40 Time (days) 0 0.05 0.1 0.15
0.2 0.25
0.3 0.35
Cost (% of property value) Time (days) Cost (% of property value)
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Figure – Registering Property in Uzbekistan and comparator economies – Measure of Quality Uzbekistan Kazakhstan Kyrgyz
Republic Moldova
Russian Federation Europe &
Asia 0 5 10 15 20 25 30 Index score 19.0 17.0
24.0 22.0
26.0 20.4
Details – Registering Property in Uzbekistan – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1
: 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. 7 days UZS 1,500,000; (1 to 2 million UZS) 2
: 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. 10 days
no charge 3
: 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: 1. Property with total size up to 100 sqr. m - 1 MMW (monthly minimum wage) 2. Property with total size from 100 sqr. m to 1000 sqr. m - 1% MMW per square meter of the property size 3. Property with total size from 1000 sqr. m to 5000 sqr. m - 15 MMW 4. Property with total size from 5000 sqr. m to 15000 sqr. m - 30 MMW 5. Property with total size from 15000 sqr. m to 50000 sqr. m - 50 MMW 6. Property with total size more than 50000 sqr. m - 70 MMW 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) 4
water and sewage service provider : Water service provider Agency 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. 1 day no charge 5 Seller obtains the certificate stating that there are no outstanding electricity bills : Electricity service provider Agency 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. 1 day
no charge Uzbekistan Doing Business 2020 Page 25
Takes place simultaneously with previous procedure. 6
: 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. 1 day no charge 7 Notarize the sale agreement between the seller and buyer : Public Notaries Agency 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. 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)
8 Buyer applies for the registration at the Registration Office : Public Services Center Agency 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. 22 days 9
: Local Tax Authorities Agency 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. 3 days no charge Uzbekistan Doing Business 2020 Page 26
Details – Registering Property in Uzbekistan – Measure of Quality Answer Score Quality of the land administration index (0-30) 19.0 Reliability of infrastructure index (0-8) 5.0 Type of land registration system in the economy: Title Registration System
What is the institution in charge of immovable property registration? Tashkent city Department of Land Resources and State Cadastre In what format are past and newly issued land records kept at the immovable property registry of the largest business city of the economy —in a paper format or in a computerized format (scanned or fully digital)? Computer/Scanned 1.0 Is there a comprehensive and functional electronic database for checking for encumbrances (liens, mortgages, restrictions and the like)? Yes
1.0 Institution in charge of the plans showing legal boundaries in the largest business city: Cadastre Service office under the State Committee on land resources, cartography and State Cadastre In what format are past and newly issued cadastral plans kept at the mapping agency of the largest business city of the economy—in a paper format or in a computerized format (scanned or fully digital)? Computer/Scanned 1.0
Is there an electronic database for recording boundaries, checking plans and providing cadastral information (geographic information system)? No 0.0
Is the information recorded by the immovable property registration agency and the cadastral or mapping agency kept in a single database, in different but linked databases or in separate databases? Single database 1.0
Do the immovable property registration agency and cadastral or mapping agency use the same identification number for properties? Yes 1.0
Transparency of information index (0–6) 3.0 Who is able to obtain information on land ownership at the agency in charge of immovable property registration in the largest business city? Only intermediaries and interested parties 0.0
Is the list of documents that are required to complete any type of property transaction made publicly available– and if so, how? Yes, online 0.5
Link for online access: http://www.kadastr.uz/ ru/individual/services/ perechen- dokumentov-dlya- registratsii- prava/2933/ Is the applicable fee schedule for any type of property transaction at the agency in charge of immovable property registration in the largest business city made publicly available–and if so, how? Yes, online 0.5 Link for online access: http://www.kadastr.uz/ ru/corporate/services/ stoimost-uslug/3364/ Does the agency in charge of immovable property registration agency formally commit to deliver a legally binding document that proves property ownership within a specific timeframe –and if so, how does it communicate the service standard? Yes, online 0.5
Link for online access: http://www.kadastr.uz/ ru/corporate/services/ sroki-okazaniya- uslug/3352/ Is there a specific and independent mechanism for filing complaints about a problem that occurred at the agency in charge of immovable property registration? No 0.0 Contact information: Are there publicly available official statistics tracking the number of transactions at the immovable property registration agency? Yes
0.5 Uzbekistan Doing Business 2020 Page 27
Number of property transfers in the largest business city in 2018: 25165.0
Who is able to consult maps of land plots in the largest business city? Only intermediaries and interested parties 0.0
Is the applicable fee schedule for accessing maps of land plots made publicly available—and if so, how? Yes, online 0.5 Link for online access: http://www.kadastr.uz/ ru/corporate/services/ stoimost-uslug/3364/ Does the cadastral/mapping agency formally specifies the timeframe to deliver an updated cadastral plan—and if so, how does it communicate the service standard? Yes, online 0.5 Link for online access: http://odnookno.uz/ru/ e-services/order/? SERVICE_ID=780 Is there a specific and independent mechanism for filing complaints about a problem that occurred at the cadastral or mapping agency? No 0.0 Contact information: Geographic coverage index (0–8) 4.0 Are all privately held land plots in the largest business city formally registered at the immovable property registry? Yes
2.0 Are all privately held land plots in the economy formally registered at the immovable property registry? No 0.0
Are all privately held land plots in the largest business city mapped? Yes
2.0 Are all privately held land plots in the economy mapped? No 0.0
Land dispute resolution index (0–8) 7.0 Does the law require that all property sale transactions be registered at the immovable property registry to make them opposable to third parties? Yes
1.5 Legal basis: According to the Article of the Civil Code of Uzbekistan, transfer of the right of ownership to an immovable property to a buyer under a contract for sale of the immovable property is subject to a state registration (Articles 84, 111, 481 of the Civil Code of Uzbekistan) Is the system of immovable property registration subject to a state or private guarantee? Yes
0.5 Type of guarantee: State guarantee Legal basis: Land Code of Uzbekistan, the law "On state cadasters" No.171-II dated December 15, 2000 Is there a is a specific, out-of-court compensation mechanism to cover for losses incurred by parties who engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? No 0.0
Legal basis: Does the legal system require a control of legality of the documents necessary for a property transaction (e.g., checking the compliance of contracts with requirements of the law)? Yes
0.5 If yes, who is responsible for checking the legality of the documents? Registrar; Notary; Lawyer;
Does the legal system require verification of the identity of the parties to a property transaction? Yes
0.5 If yes, who is responsible for verifying the identity of the parties? Registrar; Notary;
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Is there a national database to verify the accuracy of government issued identity documents? Yes
1.0 What is the Court of first instance in charge of a case involving a standard land dispute between two local businesses over tenure rights for a property worth 50 times gross national income (GNI) per capita and located in the largest business city? Arbitration Court or The economic Court of Tashkent city How long does it take on average to obtain a decision from the first-instance court for such a case (without appeal)? Less than a year 3.0 Are there publicly available statistics on the number of land disputes at the economy level in the first instance court? No 0.0 Number of land disputes in the economy in 2018: Equal access to property rights index (-2–0) 0.0 Do unmarried men and unmarried women have equal ownership rights to property? Yes Do married men and married women have equal ownership rights to property? Yes 0.0
Uzbekistan Doing Business 2020 Page 29
Getting Credit This topic explores two sets of issues—the strength of credit reporting systems and the effectiveness of collateral and bankruptcy laws in facilitating lending. The most recent round of data collection for the project was completed in May 2019. . See the methodology for more information What the indicators measure Strength of legal rights index (0–12) Rights of borrowers and lenders through collateral laws (0-10) • Protection of secured creditors’ rights through bankruptcy laws (0-2) •
Scope and accessibility of credit information distributed by credit bureaus and credit registries (0-8) •
Number of individuals and firms listed in largest credit bureau as a percentage of adult population •
Number of individuals and firms listed in credit registry as a percentage of adult population •
assesses the sharing of credit information and the legal rights of borrowers and lenders with respect to secured transactions through 2 sets of indicators. The depth of credit information index measures rules and practices affecting the coverage, scope and accessibility of credit information available through a credit registry or a credit bureau. The strength of legal rights index measures the degree to which collateral and bankruptcy laws protect the rights of borrowers and lenders and thus facilitate lending. For each economy it is first determined whether a unitary secured transactions system exists. Then two case scenarios, case A and case B, are used to determine how a nonpossessory security interest is created, publicized and enforced according to the law. Special emphasis is given to how the collateral registry operates (if registration of security interests is possible). The case scenarios involve a secured borrower, company ABC, and a secured lender, BizBank. Doing Business In some economies the legal framework for secured transactions will allow only case A or case B (not both) to apply. Both cases examine the same set of legal provisions relating to the use of movable collateral. Several assumptions about the secured borrower (ABC) and lender (BizBank) are used: - ABC is a domestic limited liability company (or its legal equivalent). - ABC has up to 50 employees. - ABC has its headquarters and only base of operations in the economy’s largest business city. For 11 economies the data are also collected for the second largest business city. - Both ABC and BizBank are 100% domestically owned. The case scenarios also involve assumptions. In case A, as collateral for the loan, ABC grants BizBank a nonpossessory security interest in one category of movable assets, for example, its machinery or its inventory. ABC wants to keep both possession and ownership of the collateral. In economies where the law does not allow nonpossessory security interests in movable property, ABC and BizBank use a fiduciary transfer-of-title arrangement (or a similar substitute for nonpossessory security interests). In case B, ABC grants BizBank a business charge, enterprise charge, floating charge or any charge that gives BizBank a security interest over ABC’s combined movable assets (or as much of ABC’s movable assets as possible). ABC keeps ownership and possession of the assets.
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