Right to housing
According to Constitution of the Republic of Uzbekistan, the State guarantees legal protection of all forms of ownership, including private property (Article 53). Land, its subsoil, water, flora and fauna and other natural resources are considered national wealth (Article 55).
The most important legal norms that govern development of housing in urban and rural areas are the Housing and Urban Development Codes, Laws of the Republic of Uzbekistan “On mortgage”, “On private homeowner cooperatives”, “On privatization of public housing resources”. (1)
- Housing Code of the Republic of Uzbekistan regulates the relationships of citizens, legal entities, government bodies and local public authorities on emergence, implementation, modification and termination of ownership, tenure and use of housing premises, housing stock accounting, conservation, maintenance and repair of housing stock, monitoring of compliance with the housing rights of citizens and the targeted use of housing stock, regulation of relations connected with the construction of residential buildings, premises reconstruction and redevelopment, use of engineering equipment, provision of utility services. It was determined that residential premises may be in the private or public property and change from one form to another property in the procedure established by legislation.
- Urban Development Code of the Republic of Uzbekistan defines objects and subjects of urban development , powers of government authorities in the field of urban development activity, urban development documentation and public urban development cadastre, urban development planning of the Republic of Uzbekistan, the use of urban areas and suburban zones.
- The law “On Privatization of State Housing Stock” defines the legal, economic and social framework and procedure for privatization public housing stock in the territory of the Republic of Uzbekistan.
- Law “On Mortgage” regulates relationships arising from the use of collateral in real estate. Mortgage arises pursuant to mortgage agreement (mortgage on a contractual basis) or under the certain law (mortgage in accordance with law). One party under mortgage agreement – the collateral holder (hereinafter – the mortgagee), being a creditor (lender) of the obligation secured by a mortgage, is entitled to obtain satisfaction of his monetary claims against the debtor under this obligation of the value of the mortgaged real estate of the other side – the collateral provider (hereinafter – the mortgagor) in preference to other creditors of the mortgagor, except for the cases established by the law “On mortgage”.
Another Law “On private homeowner cooperatives”, adopted in 2006, regulated the relationships in creating and operating of private homeowner cooperatives in apartment buildings as voluntary associations for shared management and maintenance, preservation and repair of housing stock. State support (subsidies) for cooperatives in the Republic of Uzbekistan is provided by the Law “On private homeowner cooperatives”. The state guarantees rights provision and protection of legal interests of cooperatives and their members, and promotes and strengthens cooperatives. (1)
- Housing and Land Rights Violation Database in each country (Housing and Land Network – HIC): http://hlrn.org/welcome_violation.php#.VD-IVCi7_vQ
- Zero Evictions Campaign (International Alliance of Inhabitants): http://www.habitants.org/zero_evictions_campaign
Basic principles of land use in Uzbekistan are regulated by “Land Code” and the Law “On State Land Cadastre”. (1)
- According to the Land Code of the Republic of Uzbekistan, the land is the state property – the national wealth, subject to efficient use that is protected by state and is not subject to purchase/sale, exchange, donation, collateral, except for cases stipulated by legislative acts of the Republic of Uzbekistan. Land privatization in Uzbekistan is mainly partial : State remains the owner of the privatized land, and individuals and legal entities acquire the (lifelong, inheritable) right to possess, use or lease this land for agricultural use or as the site on which the building is located, which is owned by such persons. In accordance with the Land Code legal entities may have land plots on a right of permanent possession, permanent use, term (temporary) use, lease and ownership in accordance with this Code and other legislative acts. In accordance with the Land Code individual persons may have land plots on a right of lifelong inheritable possession, permanent use, term (temporary) use, lease and ownership in accordance with this Code and other legislative acts.
- Law “On State Land Cadastre” establishes the legal framework to keep state land cadastre, use cadastral data for economic development, guarantee rights to land plots, and rational use, restoration and protection of land. In general, Uzbekistan created the necessary legal framework to regulate housing and land relations, which are monitored for their timely improve and refine with a view of ongoing structural reforms.
- Data sets on agricultural land grabbing in the world (GRAIN): https://www.grain.org/bulletin_board/entries/4429-new-data-sets-on-land-grabbing
- The Online Public Database on Land Deals – Global Observatory (Land Matrix): http://landmatrix.org/en/
SOCIAL AND ECONOMIC ASPECTS
Existing regulatory framework identified main directions of housing and utility services reform that are associated with the transition to market economic principles. An important step in this direction was the privatization of state housing stock. The 98% of state housing stock in apartment buildings was privatized, and the share of privatized housing in private housing stock has increased from 41% to 98.9%. The next step in housing sector reform was adoption of Housing Code, which governs relationships of citizens, legal persons, government bodies and local authorities with regard to the rights for possession and use of residential premises, account of housing stock preservation and repair of housing. (1)
In Uzbekistan, the public authorities consider housing construction is a kind of driver of sustainability and incremental socio-economic development. Under significant potential demand, housing becomes a catalyst for development of a number of industries. The housing dynamics is mostly influenced by the construction of housing in rural areas. Primary focus in housing policy is made on rural housing construction based on model projects that meet highest standards of architectural and planning development and is equal in quality and comfortability to housing in cities. (1)
Quality of housing
“Provision on municipal housing stock of the Republic of Uzbekistan” dated 28.06.1994 determine that the norm of living space for the tenants of residential premises in houses of communal housing stock shall be set in accordance with the norm of living space, established by the Housing Code of the Republic of Uzbekistan, but not less than 9 square meters per person. Particular categories of citizens of the Republic of Uzbekistan in excess of the living space shall be provided with extra living space, in the form of a room or in the amount of 10 square meters. In a matter of priority, living space shall be provided to citizens who live in repair houses, basements, barracks, apartments with living space less than 5 square meters per person. (1)
Informal housing / Slum / Homeless
ROLE OF PUBLIC AUTHORITIES
In 2000, the decision was made to abolish the Ministry of Utility Services and establish at its base Uzbek Agency “Uzkommunkhizmat”. “Uzkommunkhizmat” Agency was granted a specific mandate to coordinate work on reforming utility services, development of regulatory legal acts, forming a unified engineering policy in the housing and utilities sector. Territorial municipal-operating associations are responsible for provision of the full set of housing and utility services. (1)
The country has developed the “Concept of deepening economic reforms in state utilities system”. Followings were determined as main tasks in the Concept (1) :
- Sector’s gradual transit to self-repayment, breakeven operating regime, overcome costly mechanism in pricing, create a competitive environment;
- Implement institutional transformations aimed at ensuring diversity of ownership forms and market principles of sector functioning;
- Further improve state regulating of relations in utilities services sector;
- Undertake targeted regulatory and technical policy to ensure rational use of resources and energy savings.
An important stage in introducing market management mechanisms was the adoption of the Law “On mortgage”, which provides for specific mechanisms and tools of housing sector lending. (1)
Bibliography & Sitography
- MINISTRY OF ECONOMY OF THE REPUBLIC OF UZBEKISTAN, “Housing sector of Uzbekistan – brief review”, 2014 – http://www.unece.org/fileadmin/DAM/hlm/prgm/cph/experts/uzbekistan/02_housing_and_construction/brief.overview.part1_eng.pdf
FROM CIVIL SOCIETY
Civil society actors