Recognition of Rights to Unlawfully Occupied Land Plots and Constructed Buildings in Uzbekistan

Under modern regulation of land relations, particular attention is given to establishing legal mechanisms under which individuals who in fact use land plots and capital construction facilities erected thereon without title documents may obtain legally protected rights to such facilities. The Law of the Republic of Uzbekistan “On the Recognition of Rights to Unlawfully Occupied Land Plots and Buildings and Structures Constructed Thereon” No. ZRU-937 adopted on 5 August 2024 constitutes a systemic legal act aimed at regulating such relations.

Law ZRU-937 is adopted to govern public relations associated with the recognition of rights to land plots and buildings and structures constructed thereon which were occupied or used without due formalization prior to specific dates and subject to the conditions established by law.

The Law addresses the following tasks:

• formulates the grounds for recognizing lease rights to such land plots;
• determines the procedure for recognizing ownership to constructed facilities;
• establishes legal mechanisms for protection and implementation of these rights;
• ensures a balance between the interests of private individuals, entrepreneurs and public authorities.

The Law employs a set of legal concepts:

• “unlawfully occupied land plot” denotes a plot occupied without title documents, including cases of lost or incompletely formalized documentation;
• “excessively occupied land plot” denotes the portion of land exceeding the lawfully allocated area of the user.

This correlates with the principles of land law: the legal regime of a land plot is determined not only by factual use but also by compliance of the land user’s actions with state registration requirements. However, incorporating a mechanism for recognizing rights to such land plots reflects legal realism — an attempt to legalize factual relations subject to public interest considerations.

Grounds for Recognition of Rights

The Law establishes differentiated legal grounds:

• lease and ownership rights for individual housing construction prior to 1 May 2018;
• recognition of lease rights for excessively occupied land within documented boundaries;
• cases of recognition/refusal by district (city) commissions upon completion of a one-time campaign;
• issues related to non-review of hokim decisions on approval of rights;
• dwelling houses in gardening/viticultural partnerships;
• plots with non-residential buildings of business entities in small industrial zones;
• privatized buildings and structures;
• situations where ownership to buildings has already been recognized.

This approach reflects comprehensive regulation covering different factual situations and stages of land development, which is important for sustainable land relations and maintaining social justice in ownership and land use.

Organization of Recognition

The Law provides for procedures for identifying unlawfully occupied land plots and mechanisms for establishment and operation of:

• automated information systems for data collection;
• district (city) commissions;
• public disclosure and document review procedures.

This demonstrates the legislator’s intention to ensure transparency, openness and administrative efficiency of the recognition process.

Legalization of Factual Relations

The Law creates mechanisms legalizing relations established prior to 2018. This is important for protecting bona fide land users and ensuring predictability of legal consequences.

While providing legal mechanisms to individuals, the Law also regulates obligations of applicants, recognition conditions, and liability for violations of land legislation. Thus, it maintains a balance of private and public interests.

Many jurisdictions apply legalization of informal possession (adverse possession, squatter rights), however in Uzbekistan the Law does not grant ownership automatically, but introduces a set of administrative conditions and mechanisms for recognition, forming a more balanced system consistent with civil law and state land protection principles.

Law ZRU-937 of 05.08.2024 constitutes an important regulatory instrument aimed at legalizing historically developed factual situations subject to legal guarantees and balancing state and societal interests. It combines flexible legal regulation with control mechanisms and protection of public interests.

Mechanism for Recognition of Rights to Unlawfully Occupied Land Plots and Buildings

Stage	Content of the Stage	Competent Authorities / Instruments	Outcome for the Applicant	Risks of Refusal / Adverse Consequences	Legal Significance
1. Identification and Recording	Collection of information on factual occupation of the land plot and constructed facilities	Automated information systems; land resource authorities	Formation of a dossier on the facility	Incomplete or inaccurate data; lack of confirmation of factual occupation	Attribution of legal assessment to factual use
2. Verification of Conditions	Verification of compliance with statutory requirements (timelines, absence of disputes, encumbrances)	Cadastral, tax and registration authorities	Preliminary confirmation of admissibility	Land plot allocated to another person; pending court dispute; tax arrears	Screening of unlawful or conflictual cases
3. Notification of the Applicant	Informing of preliminary results	Competent authorities	Receipt of notification	Non-receipt due to incorrect data; lapse of procedural deadlines	Launch of the administrative procedure
4. Decision-Making	Review of materials and adoption of decision	Councils of People's Deputies	Recognition or refusal	Non-compliance with designated use; violation of urban planning norms; negative conclusions of authorities	Administrative recognition or refusal
5. Emergence of Lease Right	Granting of lease right to the land plot	Local authorities	Lawful land use	Zoning limitations; refusal to grant lease	Introduction of land into legal circulation
6. Recognition of Ownership	Recognition of ownership to buildings and structures	Property registration authorities	Emergence of ownership	Unauthorized construction not subject to legalization; non-compliance with technical standards	Legalization of real estate
7. State Registration	Entry into the state register	Registration authorities	Registration of rights	Documentation errors; mismatch between decision and cadastral data	Final acquisition of property rights
8. Judicial Appeal	Court review of refusal or imposed conditions	Judicial bodies	Judicial ruling	Procedural errors; lapse of deadlines; insufficient evidence	Judicial protection of property rights

 

Grounds for Refusal to Recognize Rights to Land Plots and Buildings

№	Ground for Refusal	Legal Nature of the Ground	Substance of Violation	Typical Practice of Refusal	Commentary / Lawyer’s Position
1	Land plot allocated to another person	Land-law	The land plot is in lawful use or ownership of a third party	Refusal without substantive review	Absolute ground; legalization impossible
2	Land plot placed for auction	Public-law	Land is introduced into circulation through auctions	Automatic refusal	Priority of public interests over factual occupation
3	Existence of a court dispute	Procedural	Dispute over title is ongoing	Suspension or refusal	Recommended to await dispute resolution
4	Unauthorized occupation after statutory date	Temporal (qualifying)	Occupation occurred after admissible period	Formal refusal	Not subject to extensive interpretation
5	Violation of designated land use	Urban planning	Use inconsistent with land category	Refusal with designation of non-compliance	Possible requalification in rare cases
6	Non-compliance with urban planning and construction norms	Technical-legal	Object violates building codes, regulations, red lines	Refusal to recognize ownership	Common for permanent buildings
7	Unauthorized construction not subject to legalization	Property-law	Object cannot be treated as real estate	Refusal + risk of demolition	Most severe consequence
8	Tax arrears	Fiscal	Non-payment of land or property taxes	Refusal until arrears settled	Remediable ground
9	Submission of inaccurate data	Administrative	Misrepresentation of area, timelines, use	Refusal + possible liability	High risk in “formal” submissions
10	Negative findings of competent authorities	Administrative-expert	Negative conclusions of cadastral or architectural bodies	Refusal based on cumulative grounds	Often subject to judicial appeal
11	Infringement of third-party rights	Civil-law	Restriction of access, servitudes, neighboring plots	Refusal or partial recognition	Compromise possible
12	Incomplete documentation	Procedural	Absence of mandatory information	Return without review	Remediable

Grounds for refusal are divided into:

• Absolute (irremediable) — exclude recognition of rights in principle;
• Remediable — allow for re-application;
• Evaluative — depend on authorities’ discretion and may be appealed.