At the end of May 2021, a new Urban Planning Code will come into force, replacing the old code approved almost 20 years ago.

The new Code sets out the basic principles of town planning and outlines the public oversight rules.

The Code includes norms determining the compensation available to legal entities and individuals, as well as the procedure for development and execution of a public contract, and the implementation of contracting strictly on the basis of the contract.

The Code prescribes rights and obligations of experts in carrying out expert reviews of town planning documents.

The Code establishes a requirement for mandatory insurance of construction risks for construction projects financed by the state budget and loans under a government guarantee. Insurance for construction projects financed from other sources is carried out on a voluntary basis.

Under the new code, foreign individuals and legal entities can also be subjects of urban planning activities.

We draw investors’ attention to the following norms of the Code.

Along with Uzbek urban planning norms and rules, it is now possible to use international and foreign normative and technical documents in the field of urban planning, adapted to the geological, climatic, seismological and other features of Uzbekistan.

Client and contractor

The Code defines rights and responsibilities of the client, including:

• Preparation and approval of assignments for the development of urban planning documentation;
• Submission of the initial planning documentation to the developers of town planning documents;
• Ensuring the examination of urban planning documentation and the architect’s control of its implementation;
• Control over the design process, technical quality control of construction and elimination of deficiencies identified during the warranty period of use.

For their part, contractors shall:

• Carry out construction in accordance with the approved city planning documentation;
• Comply with legal requirements for technical checks by the client, checks by the client’s architect, and territorial inspections under the Ministry of Construction;
• Provide employees with equipment for labor protection, technical safety, means of collective and individual protection;
• Provide the client with a declaration of compliance (declaration of compliance of work performed on the completed construction facility with the approved city planning documentation and requirements of city planning standards and regulations).

Expertise

According to the new code, the town planning documentation should be checked by experts for compliance with the requirements of town planning, seismological, fire safety, environmental and sanitary norms and rules, as well as hygienic standards. An expert examination of the cost estimating part of town-planning documentation of facilities is not required if direct investments, including foreign investments, have been attracted.

Control

The Code defines the following types of construction checks:

1. State control of construction;
2. Technical control of the client;
3. Architect’s control of the developer;
4. Internal control of the contractor.

1) State control is carried out by the Inspectorate for Construction Control under the Ministry of Construction and its territorial inspections.

2) The client carries out technical control by using a certified specialist in technical control or engaging an appropriate organization.

3) The developer facilitates the architect’s control during the whole period of construction (reconstruction) of the object based on a contract.

4) The contractor carries out internal control in order to identify deficiencies in a timely manner and take measures to eliminate and prevent them.

Acceptance and commissioning

Acceptance of the completed facility shall be performed by the client when it is fully completed in accordance with the approved town planning documents and in the presence of:

• Executive documentation; 
• Declaration of conformity; 
• Conclusion on compliance of the completed work with the approved town planning documentation; and
• An opinion on the quality of construction and installation work.

The acceptance of the completed construction is documented by an act of acceptance of the completed construction, the form of which is approved by a specially authorized state body. 

Commissioning of the completed construction object is carried out by issuing a permit for the operation of the completed construction object by the territorial inspectorate. The client is responsible for the timely delivery/acceptance of the completed construction object and its commissioning. The Cabinet of Ministers shall establish the procedure and timing of the procedures for the acceptance of the completed construction of the object and the putting it into operation.

Withdrawal of land plots

Withdrawal of land plots for public and state needs shall be allowed for:

• Provision of land for the needs of defense and state security, protected natural territories, creation and functioning of free economic zones;
• Fulfillment of obligations ensuing from international treaties;
• Discovery and development of mineral deposits;
• Construction (reconstruction) of highways and railroads, airports, airfields, air navigation facilities and aviation centers, railway transport facilities, bridges, subways, tunnels, facilities of power systems and power lines, communication lines, space facilities, trunk pipelines, engineering and communication networks;
• Execution of master plans of settlements with regard to the construction of facilities from the state budget, as well as in other cases expressly provided for by the laws and decisions of the president.

The Cabinet of Ministers approves by decisions the lists of land plots to be withdrawn for state and public need.

The withdrawal of a land plot and the demolition of immovable property shall be carried out only after full compensation of the market value of the immovable property and the damage inflicted on the owner.