50 Questions on the Housing Code of Uzbekistan

1. What is meant by the housing stock and which objects are included in it?

Answer: The housing stock constitutes a set of residential premises suitable for human habitation. It includes residential houses, apartments, official residential premises, dormitories, maneuver housing, residential care homes, and other specialized residential facilities. Non-residential premises located within residential buildings (e.g., shops, offices, etc.) are not included in the housing stock.

2. What types of housing stock are provided for by law?

Answer: The housing stock is divided into private and state-owned. Private housing belongs to individuals and non-state legal entities. State housing comprises municipal, departmental, and municipal housing of specific social purpose.

3. What is the legal peculiarity of the municipal housing stock of specific social purpose?

Answer: It is intended exclusively for socially vulnerable and low-income citizens, is provided on rental terms, and is not subject to privatization, which distinguishes it from other types of state-owned housing.

4. How is a residential premise defined by law?

Answer: A residential premise is defined as a premise meeting sanitary, technical, and fire safety requirements and intended for permanent habitation. A residential premise constitutes immovable property.

5. Is the use of residential premises for entrepreneurial activity allowed?

Answer: In multi-apartment buildings, the use of residential premises for industrial purposes is prohibited. The placement of offices or other facilities is possible only after the official conversion of such premises into non-residential premises, with the exception of home-based work.

6. Which types of residential premises are recognized by the Code?

Answer: They include residential houses; apartments in multi-apartment buildings; residential rooms and other premises intended for habitation.

7. Which forms of ownership of residential premises are permitted?

Answer: Residential premises may be held in private or state ownership and may freely transfer from one form of ownership to another in accordance with the law.

8. What is the principle of the inviolability of residential premises?

Answer: No one may be deprived of a residential premise except by court decision. Forced deprivation is permissible only in cases expressly provided for by law, and subject to preliminary and equivalent compensation.

9. Is state registration of rights to residential premises mandatory?

Answer: Yes. The origination, transfer, restriction, and termination of ownership and other proprietary rights to residential premises are subject to mandatory state registration.

10. By which means may citizens and legal entities acquire housing into private ownership?

Answer: Through individual construction, participation in cooperatives, sale and purchase, donation, exchange, inheritance, privatization, acquisition of housing bonds, and other lawful grounds.

11. For which purposes may the owner use a residential premise?

Answer: For personal habitation, habitation of family members, and for other purposes not violating the rights and legitimate interests of others and the requirements of housing legislation.

12. Which key obligations are imposed on the owner of a residential premise?

Answer: To ensure the preservation of the premise; to maintain a proper technical and sanitary condition; and to carry out current and capital repairs at their own expense.

13. Is the owner of an apartment obliged to ensure access to the premises?

Answer: Yes. In emergency situations, the owner must immediately grant access to emergency services, including in their absence, with the participation of internal affairs bodies and citizens’ self-governance bodies.

14. Is unauthorized re-planning of an apartment permissible?

Answer: No. Unauthorized alterations or re-planning entail legal liability and the obligation to restore the premise to its original condition.

15. What is the legal regime for leasing residential premises?

Answer: Leasing is permitted with the consent of adult family members (for citizens) or the authorized body (for legal entities). The contract must be concluded in writing and is subject to registration (accounting), where required.

16. What are the peculiarities of exchanging residential premises held in private ownership?

Answer: Exchange is permitted with the written consent of all adult family members, including those temporarily absent. The interests of minors are represented by parents or guardianship authorities.

17. Which guarantees are provided to owners in cases of demolition of housing for state needs?

Answer: The owner is granted the choice of: (i) equivalent well-equipped housing; (ii) monetary compensation in the amount of the market value; or (iii) a land plot with temporary housing and full compensation for losses.

18 Which rights do family members of the owner of a residential premise possess?

Answer: They are entitled to use the residential premise on equal terms with the owner, unless otherwise stipulated upon settlement, and they retain this right even upon termination of family relations.

19. Who is recognized as family members of the owner by law?

Answer: The spouse and their children. Other persons may be recognized as family members only upon mutual consent and subject to established conditions.

20. Is consent of guardianship authorities required for alienation of housing where minors reside?

Answer: Yes. Alienation of such housing is permitted only with the consent of guardianship and trusteeship authorities in the absence of parents.

21. What rights do tenants or lessees of residential premises possess?

Answer: They may settle minor children without the owner’s consent and may use the premises within the limits of the lease (rental) contract.

22. Under which conditions may the tenant perform an exchange of a residential premise?

Answer: Only with the landlord’s consent. Refusal by an individual landlord is not subject to challenge, whereas refusal by a legal entity may be contested in court.

23. How is the rent for the lease or rental of a residential premise determined?

Answer: The amount of rent is determined by the agreement of the parties and reflected in the lease (rental) contract.

24. Is the right of use preserved for former family members of the owner?

Answer: Yes. The right of use is preserved, and the procedure of such use is determined by the agreement of the parties or by the court.

25. How are disputes regarding the use of residential premises resolved?

Answer: All disputes between the owner, their family members, tenants, and other users are resolved exclusively in court, and additional obligations may be imposed on the owner.

26. What is the legal nature of a residential lease contract?

Answer: A residential lease contract is a civil law contract whereby the owner (lessor) transfers a residential premise to the lessee for consideration for temporary possession and use for habitation. Unlike residential rental contracts, lease contracts may be concluded not only with individuals but also with legal entities, provided that requirements of housing legislation and the residential purpose of use are observed.

27. Who may act as a lessee of a residential premise?

Answer: Both individuals and legal entities may act as lessees. However, a legal entity may use a residential premise exclusively for habitation of individuals (e.g., employees) and not for production or commercial activities, which are prohibited in residential premises.

28. Which essential terms must be stipulated in a residential lease contract?

Answer: Essential terms include:

• the subject of the contract (specific residential premise);
• the lease term;
• the amount and procedure of payment;
• rights and obligations of the parties;
• the procedure for termination.

Failure to agree on essential terms may result in the contract being deemed not concluded or invalid.

29. Is a residential lease contract subject to mandatory written form and registration?

Answer: Yes. A residential lease contract must be in writing. In cases provided by law, it is subject to registration (accounting). Failure to observe written form may preclude judicial protection of the parties’ rights and may entail other adverse legal consequences.

30. On which grounds may a residential lease contract be terminated?

Answer: A lease contract may be terminated: (i) by mutual agreement; (ii) at the initiative of the lessee or lessor in case of material breach of contract; or (iii) judicially in cases of misuse, systematic violation of neighbors’ rights, non-payment of rent, or damage to the premises. Termination must comply with housing and civil legislation and the contractual terms.

31. How does a residential lease contract differ from a residential rental contract?

Answer: The key distinction lies in the composition of parties and the legal nature of the relationship. A residential rental contract is primarily oriented toward individuals and is governed by stricter social guarantees. A residential lease contract allows legal entities to act as lessees and is of a more dispositive character, with broader contractual freedom, while still requiring the residential purpose of use — exclusively for habitation of individuals.

32. May a legal entity use leased residential premises for commercial activity?

Answer: No. Even under a lease contract, a legal entity may use the residential premise solely for habitation of individuals (e.g., employees or specialists). Use for office, trade, or industrial purposes is permissible only after conversion of the premise into a non-residential premise in accordance with the established procedure.

33. Which maintenance obligations are imposed upon the lessee of a residential premise?

Answer: The lessee is obliged to: (i) use the residential premise strictly for its intended purpose; (ii) ensure its preservation and proper sanitary condition; (iii) comply with habitation, fire safety, and sanitary rules; and (iv) make timely payment of rent and utilities, unless otherwise stipulated by the contract. Breach of such obligations may serve as grounds for early termination.

34. In which cases may the lessor demand early termination of the lease contract?

Answer: The lessor may apply to court for termination in cases of material breach, including: (i) misuse; (ii) systematic non-payment; (iii) damage or destruction of the residential premise; or (iv) violation of neighbors’ rights and legitimate interests. The court evaluates the character and gravity of the breach based on proportionality principles.

35. What are the legal consequences of the termination of a residential lease contract?

Answer: Upon termination, the lessee is obliged to vacate the premises within the contractual or judicially established term and return them to the lessor in a condition not worse than the original, subject to normal wear and tear. In case of avoidance of vacating, eviction is carried out through the court, and incurred damages are subject to compensation.

36. Which property constitutes common property of owners in a multi-apartment building?

Answer: Common property includes premises and structural elements serving more than one premise: staircases, elevators, corridors, roofs, basements, engineering networks, load-bearing structures, the adjoining land plot, and other facilities intended for servicing the building as a whole.

37. What is the legal regime of common property in a multi-apartment building?

Answer: Common property is held in shared ownership by all owners of residential and non-residential premises. Each owner’s share is proportional to the floor area of their respective premises.

38. Which obligations do owners bear with respect to common property?

Answer: Owners are obliged to: (i) ensure the preservation of common property; (ii) participate in expenses for maintenance and repair; and (iii) comply with rules of operation and refrain from actions impairing the condition of common property.

39. What is a homeowners’ association (HOA)?

Answer: A homeowners’ association is a non-profit organization established by premise owners in a multi-apartment building for management, maintenance, and operation of common property, as well as for representation of owners’ interests.

40. Which decisions fall under the exclusive competence of the general meeting of the HOA?

Answer: They include: (i) approval of the charter; (ii) election of governing bodies; (iii) approval of the expenditure budget; (iv) decisions on capital repair; and (v) determination of mandatory contributions.

41. Which types of payments must owners and users of residential premises make?

Answer: Mandatory payments include: (i) payment for use of the residential premise (if the premise is not privately owned); (ii) contributions for maintenance and repair of common property; and (iii) payment for utility services (water, electricity, gas, heating, etc.).

42. Does the obligation to pay for utility services arise during temporary non-habitation?

Answer: Yes. The fact of non-habitation does not exempt from the obligation to pay for services associated with the maintenance of common property. Recalculation is possible only in cases and procedures established by law.

43. May the HOA independently determine the amount of payment for maintenance of housing?

Answer: Yes. The amount of payment for maintenance and current repair of common property is approved by the general meeting of owners on the basis of the approved expenditure budget.

44. Which legal consequences arise from systematic non-payment for housing and utilities?

Answer: Systematic non-payment may entail: (i) accrual of penalties; (ii) recovery of debt in court; and (iii) restriction or suspension of utility services (within legal limits).

45. Who bears responsibility for payment of utility services in cases of lease of residential premises?

Answer: Responsibility is determined by the lease contract. As a rule, the lessee pays current utility services, while the owner pays for capital repair contributions and maintenance of common property, unless otherwise stipulated in the contract.

46. What does maintenance of the housing stock include?

Answer: Maintenance of the housing stock includes: (i) technical servicing of buildings; (ii) current and capital repair; (iii) sanitary maintenance; and (iv) ensuring safety and operability of engineering systems.

47. Who is responsible for maintaining common property in a multi-apartment building?

Answer: Responsibility is borne collectively by the owners, either directly or through the HOA, management organization, or other management methods chosen by the owners.

48. What is the distinction between current and capital repair?

Answer: Current repair is aimed at remedying minor defects and maintaining operational condition. Capital repair involves restoration or replacement of main structural elements and engineering systems.

49. May an owner refuse to participate in capital repair of the building?

Answer: No. Participation in capital repair is an obligation arising from ownership of the premises and participation in shared ownership of common property, regardless of actual habitation.

50 Which authorities exercise control over maintenance of the housing stock?

Answer: Control is exercised by: (i) local state authorities; (ii) competent state bodies; and, within their competence, (iii) HOAs and citizens’ self-governance bodies.