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Economy 08/09/2020 Preparation of cadastral files and registration of rights to real estate - under the new rules
Preparation of cadastral files and registration of rights to real estate - under the new rules

Tashkent, Uzbekistan (UzDaily.com) -- As we have already reported, the President of Uzbekistan signed a decree on 7 September 2020 on the radical improvement of the land registration system and state cadastres.

Today, the authority for the allocation of land, its accounting, the placement of crops, land supervision are concentrated in one department. The preparation of cadastral files of land plots, buildings and structures is carried out directly by the registration authority. All this leads to a conflict of interest. The document provides for the following steps to solve this problem, Norma.uz reports.

First, the Ministry of Agriculture is given the tasks, functions and powers of the State Committee for Land Geodezcadastre for monitoring agricultural land and crops, placing agricultural crops, state supervision over the protection of agricultural lands, determining their standard value, carrying out soil appraisal and increasing soil fertility, conducting research in the field of soil science and geobotany.

At the same time, monitoring of non-agricultural lands for the timely determination of changes in their structure, prevention and elimination of the consequences of negative processes is carried out within the framework of the State monitoring of the environment in the Republic of Uzbekistan.

Accordingly, from 2021, budget funding for determining the standard value, revaluation, soil appraisal and correction of soil maps for agricultural land, work on agrochemical study of the soil of irrigated lands, compilation of agrochemical cartograms and monitoring of soil (lands) is allocated to the Ministry of Agriculture.

Business entities will be involved in the performance of work on the assessment of soil, determination of the standard value of agricultural land and the conduct of geobotanical research.

Secondly, on the basis of the State Committee for Land Geodezcadastre, the Agency for Cadastre is being formed under the State Tax Committee. The department will expand international cooperation, retrain and improve the qualifications of personnel in its field, as well as implement a unified state policy and other tasks in three main areas:

state registration of rights to real estate

geodesy and cartography

maintaining state cadastres

state registration of rights to real estate - land plots, buildings and structures;

maintaining the state land cadastre, state cadastre of buildings and structures;

effective land supervision aimed at ensuring state registration of rights to real estate and preventing unauthorized seizure of land plots.

Cartographic monitoring using aerospace survey data and materials, topographic, geodetic and cartographic surveys and studies, as well as remote sensing of the earth and geodynamic research;

maintaining the state cartographic and geodetic cadastre;

state geodetic supervision.

coordination of government bodies and local government bodies in this area;

maintaining the Unified System of State Cadastres, ensuring effective maintenance of the state cadastre of territories;

effective cadastral supervision aimed at ensuring compliance with the procedures for maintaining state cadastres.

In addition, the document introduces the following procedure:

a) cadastral files are prepared according to requests:

district (Kuvasay city) departments of agriculture - in relation to land plots in reserve, as well as allocated new plots on agricultural land;

district (city) construction departments on the basis of orders of khokimiyats of districts (cities) - on non-agricultural land.

The costs are covered by the owners of the respective land plots upon state registration of the right to them;

b) cadastral affairs of land plots and state registration of rights to real estate in the event of a right to land plots that did not undergo state registration before the entry into force of the monitored Decree, are prepared at the request of right-holders at the expense of their funds;

c) preparation of cadastral files of land plots allocated to state bodies and organizations, economic management bodies, including forestry, water management organizations, protected natural areas and social institutions, as well as state registration of rights to real estate are carried out at the request of balance holders at the expense of their funds;

d) cadastral affairs are prepared by cadastral engineers certified by the Cadastre Agency, and the organization of the agency system on a contractual basis;

e) from 1 October 2020, decisions, protocols of auctions and tenders, notarized transactions and other documents providing for the emergence, change, alienation, restriction and termination of rights to land plots come into force after state registration in the National Geographic Information System of the Republic of Uzbekistan;

f) the state land cadastre and the state cadastre of buildings and structures are maintained on the basis of data collected through state registration of rights to real estate.

And from 1 January  2021:

all information about the type, contours, boundaries and rights holders of lands is entered into an online geoportal integrated with the National Geographic Information System. Until 1 November 2020, it will be launched in test mode, by 1 December, all agricultural cards will be introduced and the integration will be completed, on 1 January 2021, a full launch will take place;

the land balance and its reporting, as well as the district (city) land cadastre book are kept exclusively in the National Geographic Information System;

A unified system of state cadastres is formed in the National Geographic Information System;

the corresponding data of the state cadastres are submitted to the National Geographic Information System directly via telecommunication networks.

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