Recognition of Illegally Occupied Land Plots and Unauthorized Constructions

The issue of unauthorized occupation of land plots and unauthorized construction is among the most acute challenges in national legal systems of states experiencing active urbanization. The Republic of Uzbekistan is no exception: during the 1990s and 2000s, widespread cases occurred involving unauthorized construction of residential houses, auxiliary facilities, as well as expansion beyond the boundaries of legally allocated land plots.

The Law “On Recognition of Rights to Illegally Occupied Land Plots and Buildings and Structures Constructed Thereon” (Law No. ZRU-937 dated 5 August 2024) represents a systemic attempt by the state to legalize historically formed real estate objects while maintaining a balance between private interests, public legal order, designated land use, and urban planning restrictions.

CHARACTERISTICS OF UNAUTHORIZED LAND OCCUPATION

1. Concept of an Illegally Occupied Land Plot

For the first time at the level of a codified normative act, the Law provides a legal definition:

An illegally occupied land plot is a plot occupied without title documents, including cases where such documents have been lost or improperly recalled.

Thus, the Law covers:

• factual occupation of land without a khokim’s decision;
• construction without a permit;
• use of land area exceeding the allocated size.

2. Correlation with the Civil Code

Under Articles 208 and 209 of the Civil Code of the Republic of Uzbekistan, an unauthorized construction is traditionally subject to demolition unless otherwise recognized by a court decision. The new Law effectively establishes a lex specialis, prevailing over general civil law provisions within the periods and situations explicitly defined therein.

SCOPE OF APPLICATION AND TEMPORAL FRAMEWORK

The Law applies strictly to specific historical periods:

Category	Period	Legal Outcome
Unauthorized occupation by individuals	Until 1 May 2018	Possibility of recognizing lease and ownership
Excessively occupied land areas	Until 1 May 2018	Recognition of lease and ownership subject to conditions
Gardening associations	No time limitation	Recognition of ownership and lease
Small industrial zones	Until 9 March 2020	Recognition of lease
Plots allocated by khokim decisions	Until 8 June 2021	Recognition of lease and ownership

The selection of these timeframes reflects a state policy aimed at regulating mass violations of previous years without encouraging new instances of illegal land occupation.

CONDITIONS FOR RECOGNITION OF RIGHTS TO LAND AND OBJECTS

1. General Conditions

For all categories, the following mandatory conditions apply:

• the plot has not been allocated to other persons;
• the plot has not been auctioned;
• absence of disputes;
• absence of tax arrears;
• compliance with urban planning requirements.

These conditions aim to prevent conflicts of rights, protect public interests, and minimize legal disputes.

2. Special Conditions by Category

2.1. Individual Residential Construction

Recognition is permitted if:

• construction was completed before 1 May 2018;
• the plot is not located in a restricted zone;
• area limits are observed (0.06–0.24 hectares).

2.2. Excessively Occupied Land Plots

A key requirement is adjacency of the excess area to the main legally allocated plot.

2.3. Small Industrial Zones

Full fulfillment of investment obligations is required.

2.4. Gardening Associations

Membership of the individual in the association must be confirmed.

PROCEDURE FOR RECOGNITION OF RIGHTS: AN INNOVATIVE MODEL

A major reformative innovation of the Law is the fully digitalized recognition process.

1. Electronic Case File

An electronic case file is created by the Cadastre Agency and includes:

• cadastral data;
• personal data of the applicant;
• land plot layout;
• land category;
• legal grounds for recognition.

2. Automated Information System

A unified system integrates data from:

• ministries;
• tax authorities;
• khokimiyats;
• sanitary authorities;
• environmental authorities;
• construction authorities;
• water management authorities, and others.

Each authority submits verified information using electronic digital signatures, eliminating paper-based processes and minimizing corruption risks.

3. Public Disclosure of Information

The electronic case file is published in:

• the mahalla citizens’ assembly;
• the official cadastral website;
• other designated platforms.

Interested parties are granted one month to submit objections.

4. Legal Examination

The Ministry of Justice conducts a legal review to ensure compliance with statutory requirements.

DECISIONS OF PEOPLE’S DEPUTIES COUNCILS

Recognition of leasehold and ownership rights is effected by decisions of the Councils of People’s Deputies rather than khokims. This enhances the legitimacy of decisions and eliminates excessive influence of a single executive authority.

LEGAL CONSEQUENCES OF RECOGNITION

1. Lease Term

• 99 years for individual residential houses;
• 49 years for other land plots.

2. Recognition of Ownership of Buildings and Structures

Ownership rights to residential and non-residential buildings are recognized and extend to heirs.

3. Change of Land Category

Recognition of lease serves as a basis for:

• transfer of land into the category of settlement lands or industrial lands;
• exemption from compensation for agricultural losses in residential construction.

ONE-TIME PAYMENT: ECONOMIC AND LEGAL ANALYSIS

The Law introduces two payment models:

1. Fixed BCA-based model (Tashkent – 5 BCAs, regional centers – 3 BCAs, etc.);
2. Market-based model (based on average lease prices from auctions).

1. Social Benefits

Payment exemptions apply to:

• persons with Group I–II disabilities;
• individuals who previously paid under a nationwide legalization campaign.

2. Allocation of Funds

Funds are distributed to:

• the cadastre fund;
• the justice fund;
• the space research fund;
• citizens’ initiative budgets.

Thus, the payments serve a compensatory and institutional rather than punitive function.

PUBLIC AND PROSECUTORIAL OVERSIGHT

The Law establishes:

• prosecutorial supervision over the digital system;
• liability of authorities for timely data submission;
• legal mechanisms for appealing decisions.

This strengthens legality guarantees and protection of individual rights.

CONCLUSION

Law No. ZRU-937 is among the most significant real estate legislative acts of recent decades. It:

• eliminates legal uncertainty regarding unauthorized constructions;
• introduces a digital data-processing model minimizing corruption risks;
• balances public and private interests;
• ensures judicial review and appeal mechanisms;
• legalizes millions of square meters of housing;
• promotes tax discipline;
• forms a foundation for sound urban planning policy.

The Law may serve as a model for states seeking to align land relations with actual development realities while preserving the rule of law and public interests.