50 Questions on Registration of Rights to Immovable Property

1. What is the purpose of the Law on State Registration of Rights to Immovable Property (Real Estate)?

Answer: The purpose of the Law is to provide legal regulation of public relations related to the recognition by the state of the emergence, transfer, restriction, and termination of rights of legal entities and individuals to immovable property through their mandatory state registration.

2. Which objects fall within the scope of the Law?

Answer: The Law applies to the state registration of rights to land plots, buildings and structures (including unfinished construction objects), perennial plantings, as well as enterprises as property complexes. At the same time, registration of rights to subsoil is excluded from the scope of the Law.

3. Which normative acts constitute the legislation on registration of rights to immovable property?

Answer: The legislation consists of this Law and other legislative acts of the Republic of Uzbekistan. If an international treaty establishes different rules, the provisions of the international treaty shall prevail.

4. What is meant by state registration of rights to immovable property?

Answer: It is the legally significant recognition by the state of the fact of emergence, transfer, restriction, or termination of rights to immovable property, carried out by making an entry in the state register.

5. What is primary state registration?

Answer: Primary registration is the making of the first entry in the state register regarding rights to immovable property upon its creation or formation, or in relation to a previously existing object whose rights had not been registered earlier.

6. What basic principles underlie state registration of rights?

Answer: The key principles are legality, mandatory registration, priority of registered rights, openness of information, as well as comparability and consistency of data.

7. How is the principle of mandatory registration manifested?

Answer: Any ownership right and other property rights to immovable property, as well as their emergence, transfer, restriction, or termination, are considered legally valid only after state registration.

8. What does the principle of priority of registered rights mean?

Answer: A right registered first in the state register has priority over other rights claimed in respect of the same immovable property object.

9. Which rights and encumbrances are subject to mandatory registration?

Answer: Ownership rights, lease, sublease, lifelong inheritable possession, mortgage, servitude, trust management, annuity, and other restrictions established by law or authorized bodies are subject to registration.

10. Is registration of a building possible without registration of rights to the land plot?

Answer: No. Registration of rights to buildings, structures, and unfinished construction objects is permitted only after registration of rights to the land plot on which they are located.

11. In which cases may state registration be annulled?

Answer: Registration may be annulled by a decision of the pre-trial dispute resolution commission or on the basis of a court decision that has entered into legal force.

12. What is the role of the Cabinet of Ministers in the system of rights registration?

Answer: The Cabinet of Ministers determines state policy, registration fees, forms of extracts, procedures for assigning cadastral numbers, professional development of registrars, and pre-trial dispute resolution.

13. Which body is specially authorized in the field of registration of rights?

Answer: Such a body is the Cadastre Agency under the State Tax Committee of the Republic of Uzbekistan.

14. What functions does the registering authority perform?

Answer: It carries out registration of rights, maintains the state register, organizes the work of registrars, considers applications of individuals and legal entities, conducts monitoring, and publishes consolidated register data.

15. Who are intermediaries in the field of rights registration?

Answer: These include notaries, public service centers, banks, real estate agencies, and other persons providing registration services through electronic interaction with the registering authority.

16. Are intermediaries liable for submitted documents?

Answer: Yes, intermediaries bear responsibility for the accuracy of electronic documents and information transmitted to the registering authority.

17. What is a cadastral file of immovable property?

Answer: It is an electronic set of data formed upon creation or modification of an immovable property object and used for state registration of rights.

18. In which cases is a cadastral file formed?

Answer: Upon allocation of land plots, construction, commissioning of an object, division, or consolidation of immovable property.

19. When are changes made to the cadastral file?

Answer: In case of changes to plot boundaries, reconstruction of a building, change of designated purpose, extension, or demolition of an immovable property object.

20. What constitutes grounds for archiving a cadastral file?

Answer: Expropriation of a land plot for public needs, division, or consolidation of an immovable property object.

21. From which sources is the activity of the registering authority financed?

Answer: From fees for state registration, provision of information, and other sources not prohibited by legislation.

22. Who carries out state registration of rights?

Answer: Registration is carried out by registrars and chief registrars by making entries in the state register.

23. What actions is a registrar obliged to perform?

Answer: The registrar accepts and analyzes documents, requests information, appoints inventory procedures, and suspends or refuses registration where grounds exist.

24. In which cases may a registrar suspend registration?

Answer: In cases provided by law, including inconsistency of documents or detection of contradictions in the register data.

25. May a registrar engage in entrepreneurial activity?

Answer: No, a registrar and chief registrar are not entitled to engage in entrepreneurial activity or act as intermediaries for remuneration.

26. What does the state register represent?

Answer: It is an electronic database containing information on immovable property, rights thereto, and rights holders.

27. What information is entered into the state register?

Answer: The register includes data on rights holders, shares, cadastral numbers, types of rights, encumbrances, mortgages, and registration dates.

28. Is destruction of state register information permitted?

Answer: No. All information is subject to permanent storage, and its destruction or removal is prohibited.

29. What is a registration file?

Answer: It is an electronic file containing all documents related to a specific immovable property object from primary registration until termination of rights.

30. How are errors in the state register corrected?

Answer: Technical errors are corrected at the initiative of the registrar or rights holder, while non-technical errors are corrected by decision of the commission or court.

31. Is a fee charged for correcting registrar errors?

Answer: No, correction of errors made by the registrar is carried out free of charge.

32. How is an entry in the state register annulled?

Answer: Annulment is carried out on the basis of a decision of the commission or court, with restoration of the previous entry.

33. Who is entitled to obtain information from the state register?

Answer: Any person may obtain information after identification; however, copies of title documents are issued only to the rights holder or their representative.

34. Within what timeframe is an extract from the register provided?

Answer: Within two working days from the date of application and payment for the service, unless otherwise provided by law.

35. What must be indicated in an extract from the state register?

Answer: Information on the immovable property object, rights holders, rights and encumbrances, as well as the date and number of issuance of the extract.

36. Which documents confirm rights to a land plot?

Answer: Decisions of khokims, state warrants, lease agreements, as well as archival documents, depending on the period of land allocation.

37. How is the type of right to a land plot determined?

Answer: The type of right is determined based on documents on allocation or disposal of the land plot.

38. Are rights that arose before 1 August 2021 subject to registration?

Answer: Yes, such rights are subject to registration provided that the documents stipulated by the Law are available.

39. How is the lease right registered in case of sublease or assignment?

Answer: The basis consists of documents provided by law confirming the transfer of lease rights and obligations to another person.

40. May registration of rights be appealed?

Answer: Yes, actions or inaction of a registrar may be appealed to the commission or to a court.

41. Does state registration constitute grounds for the emergence of a right?

Answer: Yes, rights to immovable property arise exclusively from the moment the relevant entry is made in the state register.

42. Is remote access to register information possible?

Answer: Yes, information may be provided through remote access to the state register.

43. Which information is considered restricted?

Answer: Information containing state secrets or other legally protected secrets is provided in a special procedure.

44. How is protection of register data ensured?

Answer: The register is stored in the data processing center of the registering authority and is protected from unauthorized access and destruction.

45. What rights arise upon registration of an enterprise as a property complex?

Answer: Rights to all elements of the complex are registered, including land, buildings, equipment, claims, liabilities, and exclusive rights.

46. Who registers an enterprise as a property complex?

Answer: Such registration is carried out exclusively by the chief registrar.

47. What is the legal status of an unregistered right?

Answer: An unregistered right to immovable property is not recognized by the state and does not entail legal consequences.

48. Is correction of information without changing rights allowed?

Answer: Yes, technical errors that do not affect the scope and content of rights are corrected without changing the legal status of the object.

49. Is a record kept of persons who obtained information on immovable property?

Answer: Yes, the registering authority is obliged to keep such records and, upon request of the rights holder, provide information on such persons.

50. What is the practical significance of the Law for notaries and banks?

Answer: The Law ensures legal certainty of transactions, reduces risks of double sale, guarantees priority of registered rights, and serves as a basis for mortgage lending and notarization of transactions.