The purpose of this Code is to regulate relations in the field of urban planning activities.
Article 2. Legislation on urban planning
Urban planning legislation consists of this Code and other legislative acts.
If an international treaty of the Republic of Uzbekistan establishes rules other than those provided for by the legislation of the Republic of Uzbekistan on urban planning, then the rules of the international treaty shall apply.
Article 3. Basic concepts
The following basic concepts are applied in this Code:
settlement — an administrative-territorial unit of the Republic of Uzbekistan (city, township, village, aul), indicated by legal status, name and border;
settlement master plan — an urban planning document that defines the main directions of the territorial development of a settlement and the conditions for the integrated development of a favorable environment for the life of citizens;
inter-settlement territories — territories outside the boundaries of settlements between two or more settlements;
settlement border line — the external border of the lands of a settlement established by urban planning documentation, separating them from other categories of land fund;
settlement system — the main directions of the regulated distribution of the population in the relevant territory determined by urban planning documentation by developing existing and creating new settlements;
building — a construction system consisting of base, enclosing or combined components, forming a closed volume, designed for people to live or stay, depending on the functional purpose and for performing various types of production processes;
customer — an individual or legal entity that ensures the implementation of construction, reconstruction, repair and demolition of objects, as well as concludes for these purposes contracts with the relevant organizations for the production of design and survey, expert, construction and installation and supervision works;
zoning — dividing a territory according to its functional purpose in urban planning for its development by determining the types of urban planning use and restrictions thereof;
structures — a volumetric, planar or linear building system, consisting of base, enclosing or combined structures, designed to perform various types of production processes, storage of material assets, temporary stay (movement) of people, as well as placement (laying, wiring) of equipment or communications;
production facilities — buildings and structures intended for the location of production with the provided necessary conditions for the work of people and technological equipment;
red lines — boundaries established by the urban planning documentation separating the territories of quarters, microdistricts and other elements of the planning structure from the streets, driveways and areas of settlements;
unique and especially important objects — buildings, structures and their complexes, characterized individually or in aggregate by special, unique in their space-planning, constructive, engineering or technological solutions and architectural design, embodying a high technical level of achievement and architecture;
objects (constructions) of advertising and information — specially designed and used means for placing (disseminating) outdoor advertising, as well as technical means (constructions) that perform the functions of disseminating information to the public;
residential facilities — buildings intended for human habitation, residential buildings (apartments) for permanent residence, as well as hostels, hotels, boarding schools, nursing homes for temporary residence;
urbanization — process of increasing the role of cities in the development of society and the economy, contributing to positive changes in the socio-professional and demographic structure of the population, raising a qualitatively new level of lifestyle and culture, as well as the formation of urban infrastructure. Urbanization, as a rule, is accompanied by the inclusion of suburbs in the urban area, the unification of several settlements into a single space;
civilian facilities — buildings and structures intended for the placement of institutions and organizations of culture, physical culture, sports, science, education, health care, trade, public catering, consumer services, banking and financial institutions, construction and utilities organizations, communications and transport enterprises;
urban planning — the theory and practice of planning and development of settlements, inter-settlement territories, providing a complex of socio-economic, construction-technical, architectural-artistic and sanitary-hygienic solutions;
urban planning regulation — a set of established rules for the development of territories and settlements, including the permitted types of land use within settlements and inter-settlement areas, the indicators and types of use of other real estate objects during the implementation of urban planning activity;
urban planning activity — the activity of state bodies, self-government bodies of citizens, legal entities, and individuals in the development planning of territories and settlements from an urban planning perspective, determination of the permitted types of land use, production of construction materials and products, and the design, construction, and reconstruction of buildings, structures, and their complexes in the interests of individuals, society, and the state, as well as taking into account the national, historical-cultural, environmental, and natural characteristics of the given territories and settlements;
urban planning documentation — approved documentation on urban planning for the development of territories and settlements and their construction;
individual residential house — one or more residential buildings with auxiliary buildings and yard structures related to them, located on the same land plot intended for individual housing construction and maintenance of subsidiary plots.
Article 4. Basic principles of urban planning activities
Basic principles of urban planning activities are:
sustainable development of the territory of the Republic of Uzbekistan and its parts based on urban planning of the development considering the interests of citizens, society and the state in the realm of urban planning;
creating a favorable environment for daily activities, protecting the health of citizens, respecting the environment, natural resources and cultural heritage;
implementing urban planning activities on the basis of approved urban planning documentation in compliance with the requirements for the safety and reliability of buildings and structures, their seismic resistance, fire safety and energy efficiency;
implementation of the best practices in urban planning and construction operations, improving the quality of construction;
ensuring effective public participation in the process of urban planning for the development of territories.
Article 5. Creation of a competitive environment in the field of urban planning
The competitive environment between the subjects of urban planning activities shall be created by:
restricting monopoly activities in the market of works (goods, services), including activities that lead or may lead to restriction of competition;
creating accessible electronic databases on the subjects of urban planning activities and rating their activities based on the results of assessments;
ensuring openness and transparency of urban planning activities;
ensuring compliance with the requirements of the legislation on public procurement.
Article 6. Urban planning norms and rules
Urban planning norms and rules are the basis of urban planning and are binding for the subjects of urban planning activities.
Urban planning norms and regulations are regulatory documents:
urban planning for the planning and development of territories;
engineering surveys;
design works, including technological design;
construction, reconstruction, major and current repairs, as well as the demolition of objects;
operation, repair or restoration (organization, maintenance and acceptance of work) of facilities;
arrangement of engineering systems of objects;
determining the value of objects;
production and use of building materials, products and constructions.
It is allowed to use international and foreign regulatory and technical documents in the field of urban planning activities, adapted to the geological, climatic, seismological and other features of the Republic of Uzbekistan.
Information on urban planning norms and rules is posted on the official website of the specially authorized state body in the field of urban planning.
Urban planning norms and rules are the basis for decision-making by state bodies on the rights of owners, occupiers and users of adjacent land plots, objects (constructions) of advertising and information and other real estate assets, as well as the rights of legal entities and individuals, whose interests may be affected when exercising urban planning activities.
Article 7. Departmental building norms
Departmental building norms may be used while implementing urban planning activities.
Ministries, government committees and departments, within their powers, may develop, approve, revise or abolish departmental building norms to be applied within one ministry, state committee or department.
Departmental building norms should not contradict the legislation on urban planning, urban planning norms and rules.
Departmental building norms, prior to their approval, shall be coordinated with a specially authorized state body in the field of urban planning activities.
Article 8. Interests of legal entities and individuals, society and the state in the field of urban planning
The interests of legal entities and individuals in the field of urban planning include their interests related to the implementation of urban planning activities.
Urban planning activities of legal entities and individuals shall be limited if they interfere with the implementation of the rights and legitimate interests of owners, occupiers and users of adjacent land plots, objects (constructions) of advertising and information and other real estate assets.
The interests of society in the field of urban planning are the right of citizens to a favorable living environment, prevention of harmful effects of economic and other activities on the environment, improvement of the ecological situation, development of engineering, transport and social infrastructures of settlements and adjacent territories, preservation of cultural heritage sites, as well as openness and transparency of urban planning activities.
The interests of the state in the field of urban planning are to ensure conditions for the sustainable development of settlements and inter-settlement territories, the functioning of engineering, transport and social infrastructure systems, the conservation of natural resources and protection of cultural heritage sites and the prevention of conflicts of interest.
The interests of legal entities and individuals, society and the state in the field of urban planning are ensured through compliance with the requirements of the legislation on urban planning, urban planning norms and rules, urban planning documentation, as well as the implementation of state and public monitoring of the compliance.
If urban planning activities are contrary to the interests of legal entities and individuals, society and the state, such activities shall be discontinued.
Article 9. The right of citizens to a favorable living environment
Every citizen has the right to a favorable living environment.
The right of citizens to a favorable living environment during the implementation of urban planning activities is ensured by:
state regulation of urban planning;
urban planning of the development of territories and settlements;
citizensʼ participation in urban planning;
certification of building materials and products in the field of construction;
state and public control over compliance with the legislation on urban planning, urban planning rules and norms;
compensation for harm caused to citizens and resulting in a deterioration of the living environment, as well as compensation for harm caused to life, health and property of citizens as a result of violations of the legislation on urban planning.
Article 10. Main requirements of urban planning activities
The main requirements of urban planning activities are:
observance of the legislation on urban planning, urban planning norms and rules by all subjects of urban planning activities;
protection of territories and settlements from the effects of natural and man-made emergencies;
compliance with environmental protection requirements, environmental safety, as well as fire safety and sanitary norms and rules, and hygienic regulations;
compliance with the requirements of water protection zones, protection zones of engineering and transport infrastructure facilities;
compliance with the requirements for the preservation of cultural heritage sites and protected natural areas;
providing settlements with objects of engineering, transport and social infrastructures, recreational and treatment purposes not lower than the level of public services for this type of settlement established by urban planning norms and rules, as well as objects of landscaping;
creation of conditions for unimpeded access for disabled people to social infrastructure objects (residential premises, public and industrial buildings, facilities and structures, healthcare, culture, sports and other facilities);
providing conditions for the participation of citizens' self-government bodies, non-governmental non-profit organizations, the media and citizens in the discussions and decision-making in the field of urban planning.
Article 11. Obligations of legal entities and individuals in the implementation of urban planning activities
Legal entities and individuals in the implementation of urban planning activities are required to:
maintain a favorable living environment for the population;
ensure compliance with urban planning documentation, building rules for settlements and territories;
comply with the requirements of environmental protection, environmental safety, fire and sanitary rules, norms and hygienic regulations;
not to take actions that have a harmful effect on the environment, cultural heritage sites, urban, rural landscapes, engineering, transport and social infrastructure, landscaping, affecting the legitimate interests of third parties and hindering the exercise of the rights of owners, occupiers or users of adjacent land plots, objects (constructions) of advertising and information, and other real estate assets;
use land and other real estate in compliance with urban planning regulations;
comply with the instructions of state bodies that monitor the compliance with the legislation on urban planning, urban planning norms and rules;
provide the specially authorized state body in the field of urban planning activities that maintains the state urban planning cadaster and monitor urban planning facilities, and organizations that conduct a technical inventory of facilities, reliable information about changes in their facilities;
provide materials for urban planning documentation, including materials for complex engineering surveys (with the exception of urban planning documentation for temporary and seasonal household buildings, detached objects with the area not exceeding three hundred cubic meters) to the relevant territorial divisions of a specially authorized state body in the field of urban planning activities.
Legal entities and individuals in the implementation of urban planning activities may also bear other obligations in accordance with the legislation.
Article 12. Types of settlements
Settlements are subdivided into cities, townships, villages and auls.
Depending on the population, cities are divided into:
largest — a population of over one million people;
large — a population of two hundred and fifty thousand to one million people;
big — a population of one hundred thousand to two hundred and fifty thousand people;
medium — a population from fifty thousand to one hundred thousand people;
small — a population of up to fifty thousand people.
Depending on the population, townships are divided into:
big — a population of over twenty thousand people;
medium — a population of ten thousand to twenty thousand people;
small — a population of up to ten thousand people.
Depending on the population, villages and auls are divided into:
large — a population of over five thousand people;
big — a population of three thousand to five thousand people;
medium — a population of one thousand to three thousand people;
small — a population of up to one thousand people.
Groups of buildings and structures of temporary importance and inconsistent composition of the population and which are the objects of official purpose of the corresponding sector of the economy (shift camps and houses of oilmen, gas workers, surveyors), as well as single houses (railway lineman, foresters, field camps and others) are managed by relevant subjects of urban planning activity with which these buildings and structures are connected in administrative, industrial or territorial relations.
Depending on the type of settlement, the legislation on urban planning establishes the composition of urban planning documentation, the procedure for its development and approval.
The placement of new settlements and development of existing ones shall be carried out in accordance with long-term forecasts of the socio-economic and investment development of the territories, the master plan for the development planning of the territory of the Republic of Uzbekistan, territorial development planning schemes, district (or group of districts) planning projects, and urban planning documents concerning the development planning and construction of settlement areas.
The formation and transformation of settlements, changes in their status and boundaries are carried out on the basis of approved urban planning documentation.
The lands within the boundaries of settlements shall be under the jurisdiction of local executive authorities responsible for regulating their use in accordance with the approved master plans of the settlements and urban planning and land legislation.
Urban planning requirements for the conditions and procedure for the use of land in settlements are established by the legislation on urban planning.
Chapter 2. Objects and subjects of urban planning activities
Article 13. Objects of urban planning activities
The objects of urban planning are the territory and parts of the territory of the Republic of Uzbekistan, territories and parts of territories of settlements, nationwide and regional settlement systems, land, buildings and structures, territorial production, urban planning and landscape complexes, recreational and industrial zones, objects of cultural heritage and their protected areas, water areas, engineering and transport communications, objects (constructions) of advertising and information within the boundaries of settlements and in inter-settlement territories.
For objects of urban planning, urban planning documentation shall be developed.
Article 14. Subjects of urban planning activities
The subjects of urban planning activities are state bodies, self-government bodies of citizens, legal entities and individuals, including foreign.
The subjects of urban planning may be:
customers in the field of urban planning;
developers of urban planning documentation;
construction contractors;
users of urban planning objects.
Subjects of urban planning activities have the right to receive information from relevant state bodies on the preparation and adoption of decisions related to the upcoming planning, construction and reconstruction of settlements, their systems and territories that could affect their urban planning activities.
Subjects of urban planning activity shall, in accordance with the legislation, use the land plots allocated to them in line with the main permitted type of use, and shall not cause damage to cultural heritage sites, natural or artificial landscapes, deteriorate the living environment of the population, or engage in actions that infringe upon the rights and lawful interests of other subjects of urban planning activity.
Article 15. Customers in the field of urban planning
Customers in the field of urban planning activities may be:
state bodies, self-government bodies of citizens, as well as legal entities and individuals;
legal entities and individuals operating on the basis of public-private partnerships.
Customers have the right to:
choose a developer of urban planning documentation and conclude an agreement on its development;
choose a contractor for the construction of objects and conclude an agreement with him.
Customers are required to:
comply with the legislation on urban planning, urban planning norms and rules;
prepare and approve terms of reference for the development of urban planning documentation;
provide developers of urban planning documentation with initial permits for design, including an architectural and planning assignment, topographic materials, materials of engineering and geological surveys and examination of the technical condition of load-bearing building constructions, evaluation reports;
ensure the examination of urban planning documentation;
monitor the progress of the design and provide technical supervision of the quality of construction, in the event that deficiencies and defects are detected during the construction process, take measures to eliminate them;
on the basis of an agreement concluded with the developer of urban planning documentation, ensure the implementation of architectural supervision over the implementation of urban planning documentation;
after the issuance by the territorial inspectorate of a permit for the operation of the completed facility, organize the elimination of the identified deficiencies during the warranty period.
Customers, except for organizations carrying out construction and installation work as the main type of activity, are prohibited from independent (using own resources), without concluding a construction contract with a contractor, construction, reconstruction and overhaul of facilities with more than two storeys (excluding basement), more than 12 meters high from the ground surface and (or) with a total area of more than 500 square meters.
Customers may have other rights and bear other obligations in accordance with the law.
Article 16. Developers of urban planning documentation
The developers of urban planning documentation (hereinafter — developers) can be legal entities and individuals who have the appropriate license, as well as legal entities operating based on a notification of the authorized body about the start of activities for the development of urban planning documentation.
Developers have the right to:
determine the composition and scope of the development of urban planning documentation in accordance with the legislation;
participate in competitions for the development of urban planning documentation;
carry out supervision on the implementation of urban planning documentation;
make proposals on the suspension or termination of construction, installation and special works when they are performed with deviations from the approved urban planning documentation and regulatory requirements that pose a threat to the life and health of citizens, damage and destruction of cultural heritage sites, as well as harming the interests of society, the state, legal entities and individuals;
make changes to urban planning documentation if necessary.
Developers are required to:
ensure the development of urban planning documentation in accordance with the legislation;
coordinate with all interested bodies and organizations the urban planning documentation developed by them.
Developers of urban planning documentation may also have other rights and bear other responsibilities in accordance with the legislation.
Article 17. Contractors for the construction of objects
Contractors for the construction of objects (hereinafter — contractors) may be legal entities who have an appropriate license, as well as individuals.
Individuals as contractors can carry out works on:
construction of individual residential buildings with no more than two storeys (excluding the basement), no more than 12 meters high from the ground surface and (or) with a total area of no more than 500 square meters;
construction of temporary welfare and amenity buildings for seasonal work and distant pasture cattle breeding;
construction of household facilities on the territory of individual household plots, as well as on land plots allocated for collective gardening, viticulture and horticulture;
landscaping on household plots and on land plots allocated for collective gardening, viticulture and horticulture, which does not require changing the existing engineering networks;
construction of one-storey buildings and structures for retail facilities, public catering and consumer services, erected from collapsible structures, with a total area of not more than 500 square meters;
construction of garages with boxes for no more than two cars;
hardscaping and fencing of territories;
construction of outdoor sports grounds, sidewalks, paving around buildings and structures;
construction of objects (constructions) of advertising and information;
construction of low-tech buildings intended for personal use by owners.
Contractors have the right to:
take part in the development of new structural solutions for buildings, structures and other objects;
by agreement with the developer, the relevant territorial unit of the specially authorized state body in the field of urban planning and the customer, make changes to the urban planning documentation that improve technical and economic indicators, without impairing the architectural and artistic appearance and design of buildings, structures and other objects;
receive the necessary technical advice from the developer.
Contractors are required to:
carry out construction in accordance with the approved urban planning documentation;
comply with the legislation on urban planning, urban planning norms and rules, decisions made in urban planning documentation;
fulfillment of the lawful requirements of the customerʼs technical supervision, the developerʼs architectural supervision, and the lawful requirements of the regional inspections for construction control under the Ministry of Construction and Housing and Communal Services of the Republic of Uzbekistan;
provide all workers participating in the production process with labor protection, technical safety equipment, collective and individual protective equipment;
provide the customer with a declaration of conformity of the work performed on the completed by the construction object with the approved urban planning documentation and the requirements of urban planning norms and rules (hereinafter - declaration of conformity).
Contractors are responsible for the final results of construction and compliance with the contract price in accordance with the obligations established by the contract.
Contractors may have other rights and bear other obligations in accordance with the law.
Chapter 3. Powers of state bodies in the field of urban planning activities
Article 18. State regulation in the field of urban planning activities
State regulation in the field of urban planning activities is carried out by the Cabinet of Ministers of the Republic of Uzbekistan, a specially authorized state body in the field of urban planning activities and local authorities.
Decisions of a specially authorized state body in the field of urban planning, taken within its competence, are binding on all ministries, state committees, departments and other government bodies, local authorities, as well as legal entities and individuals.
Article 19. Powers of the Cabinet of Ministers of the Republic of Uzbekistan in the field of urban planning activities
Cabinet of Ministers of the Republic of Uzbekistan:
ensures the implementation of a unified state policy in the field of urban planning;
develops and approves complex state programs in the field of urban planning and contributes to their implementation;
adopts, within its competence, regulatory acts in the field of urban planning activities;
approves the master plan for the development planning of the territory of the Republic of Uzbekistan, the development planning schemes of the territories of the Republic of Karakalpakstan and the regions, urban planning documents for urban planning activity objects of national significance subject to special regulation, as well as sectoral development schemes of the territory of the Republic of Uzbekistan and development projects for engineering, transport-related, and social infrastructure;
approves master plans of the cities of Tashkent and Nukus, as well as cities of republican and regional subordination;
approves the boundaries of suburban areas of cities;
establishes the boundaries of special regulation objects of urban planning of nationwide importance and the order of regulation of urban planning activities in the territories of the relevant objects;
establishes the procedure for maintaining the state urban planning cadaster and monitoring of the objects of urban planning activities;
determines the procedure for financing the development of urban planning documentation of objects of nationwide significance, research in the field of urban planning activities, as well as the development of urban planning norms and rules;
establishes the procedure for licensing certain types of activities in the field of urban planning and accreditation of legal entities that carry out the examination of urban planning documentation;
establishes the procedure for organizing and conducting examination of urban planning documentation;
establishes the procedure for organizing and conducting public procurement in the field of urban planning activities;
establishes the procedure for exercising state control over compliance with the legislation on urban planning;
determines the organizational structure of government bodies in the field of urban planning activities;
defines priority directions for the regular improvement of the master plan for the development planning of the territory of the Republic of Uzbekistan and the development planning schemes of the territories of the Republic of Karakalpakstan and the regions.
Coordinates and organizes the activities of the Republican Architectural and Urban Planning Council under the Cabinet of Ministers of the Republic of Uzbekistan.
The Cabinet of Ministers of the Republic of Uzbekistan may exercise other powers in accordance with the legislation.
Article 20. Specially authorized state body in the field of urban planning activities
The Ministry of Construction and Housing and Communal Services of the Republic of Uzbekistan is the specially authorized state body in the field of urban planning activity (hereinafter referred to in the text as the specially authorized state body).
Specially authorized state body:
implements a unified state policy in the field of urban planning activities;
ensures the development of the master plan for the development planning of the territory of the Republic of Uzbekistan, the development planning schemes of the territories of the Republic of Karakalpakstan and the regions, and the urban planning documents for urban planning activity objects of national significance subject to special regulation, as well as the organization of scientific research activities in the field of urban planning;
approves master plans of cities, settlements, except for master plans of cities, the approval of which is attributed to the powers of the Cabinet of Ministers of the Republic of Uzbekistan, and detailed plans of parts of the city of Tashkent, administrative centers of regions, as well as cities with cultural heritage sites;
submits to the Cabinet of Ministers of the Republic of Uzbekistan proposals on the establishment of boundaries for objects of urban planning activities of special regulation of nationwide importance;
develops and approves normative legal acts in the field of urban planning, urban planning norms and rules;
approves departmental building norms submitted by ministries, state committees and departments;
assists in developing qualified personnel in the field of urban planning, architecture, design and construction, improving the level and quality of the educational process in specialized state educational institutions and non-state educational organizations, retraining and improving the qualifications of designers and specialists in the construction industry, including in leading research institutions abroad;
exercises state control over compliance with the legislation on urban planning, urban planning norms and rules, national standards, construction technologies, requirements to the quality of building materials and products;
implements a unified policy for the examination of urban planning documentation and maintains a unified register of examination reports;
carries out work on standardization in construction;
carries out the maintenance of the state urban planning cadaster and monitoring of objects of urban planning activities;
organizes the development of master plans for settlements;
establishes the procedure for monitoring the implementation of urban planning documentation;
issues licenses for certain types of urban planning activities;
conducts accreditation of legal entities that carry out the examination of urban planning documentation;
conducts accreditation of legal entities that certify specialists in the field of design and construction, whose certification is mandatory in accordance with the legislation;
regularly inform the public on the decisions adopted in the field of urban planning;
considers disagreements between the subjects of urban planning activities on issues under its powers;
registers objects of urban planning;
checks the work of the customer on the implementation of technical supervision and the developer on the implementation of architectural supervision, and submits proposals to the authorized bodies on the application of liability measures to them in case of poor-quality implementation of technical and architectural supervision;
suspends the production, sale and use of building materials and products, in case of violations of regulatory documents in the field of urban planning, further production of construction and installation works, in case of violations of the requirements of urban planning norms and rules and approved design solutions, entailing a decrease in strength and stability characteristics, as well as in case of risks of accidents in buildings and structures, and unauthorized construction. The suspension of the production, sale and use of building materials and products, the further production of construction and installation works, entailing the suspension of the activities of a business entity, is carried out judicially, except for cases of suspension of activities for a period of not more than ten working days in order to prevent emergencies, epidemics and other real threats to the life and health of the population;
considers administrative cases on violations in the field of urban planning activities and imposes administrative penalties in the form of a fine;
participates in the work of commissions for commissioning of the completed by construction objects;
issues design assignments to the customer and design organizations for the development of master plans of cities in a simplified form.
Specially authorized state body may exercise other powers in accordance with the legislation.
Article 21. Powers of the Council of Ministers of the Republic of Karakalpakstan, executive authorities of regions and city of Tashkent in the field of urban planning activities
Council of Ministers of the Republic of Karakalpakstan, executive authorities of regions and the city of Tashkent, within their powers:
exercise state control over compliance with the legislation on urban planning and ensure the safety of objects of urban planning activities;
based on the indicators of socio-economic development and projected urbanization of territories of cities, address the issues of rational settlement, development of engineering, transport and social infrastructure;
perform the functions of a customer for the development of urban planning documentation for the construction of objects of local importance and ensure their financing;
restrict, suspend or prohibit urban planning activities on their territory if they do not comply with the requirements of the legislation on urban planning. Restriction, suspension and prohibition of urban planning activities of business entities are carried out through judicial process, except for cases of restriction, suspension of activities for a period of not more than ten working days in order to prevent emergencies, epidemics and other real threats to the life and health of the population;
control and plan urban planning activities on the placement of objects (constructions) of advertising and information, including preparation of lists of land plots allotted for the construction of objects (constructions) of advertising and information, and their certification;
organize the development of master plans for settlements and ensure their public discussion;
submit for approval to the relevant representative authorities master plans of rural settlements, designs of detailed planning of parts of the territories of settlements (hereinafter — design of detailed planning) and plans for development of quarters, microdistricts and elements of the planning structure of settlements (hereinafter — development design);
organize the development and implementation of regional planning schemes, schemes and designs for the development of engineering, transport and social infrastructures, as well as landscaping;
submit for approval to the relevant representative authorities the district (groups of districts) planning designs;
shall submit to the relevant local representative body of government for approval the boundaries of urban planning activity sites of special regulation of local significance and the procedure for regulating urban planning activities within the territories of the relevant sites;
submit draft rules for the development of settlements for approval by the relevant representative authorities;
ensure the development and financing of urban planning documentation for settlements, scientific research in the field of urban planning activities, maintaining the state urban planning cadaster, monitoring urban planning activities, conducting complex engineering surveys, compiling microseismic zoning maps of settlements, monitoring the implementation of urban planning documentation and conducting its expert examination;
regularly inform the public on the decisions adopted in the field of urban planning;
organize the demolition of unauthorized buildings in the manner prescribed by law.
The Council of Ministers of the Republic of Karakalpakstan, the executive authorities of the regions and city of Tashkent may exercise other powers in accordance with the legislation.
Article 22. Powers of executive authorities of districts (cities) in the field of urban planning activities
Executive authorities of districts (cities):
exercise state control over compliance with the legislation on urban planning and ensure the safety of objects of urban planning;
based on the indicators of socio-economic development and projected urbanization of territories of cities, address the issues of rational settlement, development of engineering, transport and social infrastructure;
perform the functions of a customer for the development of urban planning documentation for the construction of objects of local importance and ensure their financing;
restrict, suspend or prohibit urban planning activities on their territory if they do not comply with the requirements of the legislation on urban planning. Restriction, suspension and prohibition of urban planning activities of business entities are carried out through judicial process, except for cases of restriction, suspension of activities for a period of not more than ten working days in order to prevent emergencies, epidemics and other real threats to the life and health of the population;
file claims in court for the demolition of unauthorized buildings;
participate in the development of district (groups of districts) planning designs, master plans of settlements, designs of detailed planning, development designs and organize their implementation;
submit draft rules for the development of settlements for approval by the relevant representative authorities;
control and plan urban planning activities as related to objects (constructions) of advertising and information, including the lists of land plots allotted for the construction of objects (constructions) of advertising and information, and their certification;
organize an inventory of the technical condition of objects of urban planning activities;
regularly inform the public on the decisions adopted in the field of urban planning through publications in the media and on their official websites.
The provisions of paragraph eight of part one of this article do not apply to the bodies of representative authority of the districts that are part of the cities.
Executive authorities of districts (cities) may exercise other powers in accordance with the legislation.
Chapter 4. Examination of urban planning documentation
Article 23. Examination of urban planning documentation
Examination of urban planning documentation is carried out by specialized structural units of a specially authorized state body, authorized ministries, state committees and departments, expert commissions or expert groups, as well as accredited legal entities (hereinafter — expert organizations).
Examination of urban planning documentation of objects of urban planning activities of special regulation is carried out by specialized structural divisions of a specially authorized state body.
Urban planning documentation is subject to examination against the compliance with the requirements of the legislation on urban planning, including urban planning, fire safety and environmental norms and rules, as well as sanitary rules and norms and hygienic regulations.
Urban planning documentation for the construction of objects of urban planning is subject to mandatory examination against the seismic resistance and fire safety.
For objects financed at the expense of direct investments, including foreign, examination of the estimated part of urban planning documentation is not required.
Examination of urban planning documentation for the following objects is optional:
temporary and household buildings for seasonal work;
separately built objects of small size of no more than three hundred cubic meters;
individual residential buildings with no more than two storeys (excluding the basement), no more than 12 meters high from the ground surface and (or) with a total area of no more than 500 square meters;
objects of the I category of risk;
maintenance of buildings, structures and other objects.
In the event of changes in design solutions, including changing the design (changing the number of storeys, extension, superstructure) of buildings under construction or existing buildings, urban planning documentation is subject to re-examination in parts related to the changes.
When re-applying individual and standard designs, for which positive expert opinions were previously issued, the examination is carried out in part related to tying these designs to specific areas and conditions.
The customer is obliged to provide for examination a complete set of urban planning documentation and ensure its reliability.
Examination of urban planning documentation is carried based on contracts concluded by customers and expert organizations, charging its cost to the design development expenses.
Positive conclusions of the examination (with the exception of conclusions on urban planning documents containing state secrets or other secrets protected by law) are valid only if they are included in the unified register of examination reports.
Positive conclusions of the examination shall be the grounds for coordination, approval and further implementation of urban planning documentation.
The procedure and terms for the examination of urban planning documentation are established by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 24. Powers of expert organizations
Expert organizations:
check the adopted architectural design and urban planning solutions against the compliance with urban planning norms and rules;
check the compliance with the mandatory requirements of urban planning norms and rules, including the use of energy-efficient and energy-saving technical, technological and innovative design solutions;
provide conclusions on the results of the examination;
assess the quality of the completed design and survey work.
Expert organizations can exercise other powers in accordance with the legislation.
Article 25. Rights and obligations of experts in urban planning documentation
Experts in urban planning documentation have the right to:
participate in a comprehensive urban planning examination of urban planning designs for planning of territories as part of expert commissions (expert groups);
request and receive from customers and developers the necessary materials and information;
carry out examination of individual sections (parts) of designs in accordance with their specialization in urban planning and draw up conclusions pertaining to the parts thereof. Expert conclusions on individual sections (parts) shall not be the grounds for the approval of urban planning documentation as a whole and shall be used as inputs to the consolidated expert conclusions;
initiate a revocation by an expert organization of a previously issued expert conclusion in cases of non-fulfillment by the customer of the conditions (requirements) specified thereof;
Expert in urban planning documentation is prohibited from:
carrying out examination of designs in the preparation of which this expert took direct or indirect participation or which was developed with the participation of a spouse and (or) other close relatives;
being in labor, financial and (or) other dependent relationship with subjects of urban planning activities.
Expert in urban planning documentation is obliged to:
maintain confidentiality and ensure the safety of state secrets and other secrets protected by law related to the urban planning documentation;
improve its professional qualifications;
comply with the rules of professional ethics.
Experts in urban planning documentation may have other rights and bear other obligations in accordance with the legislation.
In case of a poor-quality examination, experts and expert organizations are liable in accordance with the law.
Experts and expert organizations carry out their activities independently from the subjects of urban planning activities. No one has the right to interfere with the work of experts or expert organizations during the consideration of urban planning documentation and the preparation of expert conclusions on them.
Chapter 5. Control and implementation of construction
Article 26. Construction control
Control over construction is carried out in order to ensure that the subjects of urban planning activities comply with the legislation on urban planning and the requirements of urban planning norms and rules during the preparation for construction, development of urban planning documentation, implementation of construction and installation works, pre-commissioning, and commissioning.
During the construction of objects of urban planning activities, the following should be ensured:
state control over construction;
technical supervision of the customer;
architectural supervision of the developer;
internal inspection of the contractor.
Article 27. Powers of the Inspection for Control in the Sphere of Construction and Housing and Communal Services under the Ministry of Construction and Housing and Communal Services of the Republic of Uzbekistan and its regional inspections
State control in the field of urban planning activity shall be exercised by the Inspection for Control in the Sphere of Construction and Housing and Communal Services under the Ministry of Construction and Housing and Communal Services of the Republic of Uzbekistan (hereinafter referred to as the Inspection) and its regional inspections (hereinafter referred to as the regional inspections).
Inspection and territorial inspections, within their powers:
submit to local government bodies and territorial subdivisions of a specially authorized state body recommendations on the cancellation of decisions taken in violation of the legislation on urban planning;
suspend construction and installation works and request dismantling in cases of violations that affect the seismic resistance of buildings and structures, as well as pose a threat to the life and health of a citizen;
suspend construction and installation works and apply to court with a claim for carrying out dismantling in cases of non-compliance with the authorization procedures in the field of construction, provided for by law, and failure to comply with at least two orders to eliminate the identified violations;
issue mandatory instructions to legal entities and individuals to eliminate the identified violations in the field of urban planning activities with appropriate deadlines for their execution, but no more than sixty days;
send recommendations to the relevant state bodies and organizations on suspension, termination or cancellation of licenses and permits for the implementation of urban planning activities;
send recommendations to the relevant state bodies and organizations on the suspension of the production, sale and use of building materials, constructions and products in cases of use of low-quality building materials, constructions and products that affect the seismic resistance of buildings and structures, as well as pose threat to human life and health;
have free access to objects under construction and carry out state control functions;
carry out selective state control over the compliance by legal entities and individuals with the requirements of the legislation on urban planning, urban planning norms and rules, compliance of building materials, constructions and products used in construction with the requirements of regulatory documents in the field of technical regulation, as well as over the conduct of technical and architectural supervision;
draw up administrative protocols and consider cases on administrative offenses in the event of violation of the legislation on urban planning;
request and receive from ministries, state committees, departments and local executive authorities materials, information and data necessary to resolve issues within their competence;
involve representatives of local executive authorities, non-governmental non-profit organizations, experts and specialists of scientific and technical and research organizations in inspections carried out in the order of state control;
participate in the work of interdepartmental commissions to investigate the circumstances of accidents at construction sites;
give instructions to legal entities and individuals carrying out construction and installation works to open and re-close individual structural elements, units and parts, test the soil under foundations, used building materials, constructions, products and engineering communications, and involve experts and specialists in drawing up respective certificates.
Inspection and territorial inspections may exercise other powers in accordance with the legislation.
Article 28. Technical supervision
Technical supervision during the construction and reconstruction of objects of urban planning is carried out by the customer through assigning a technical supervision specialist or engaging on a contractual basis a legal entity eligible to carry out this type of activity.
technical supervision specialist must be certified in the manner prescribed by law.
technical supervision specialist:
monitors the contractor's compliance with the requirements of organizational and technological documents and urban planning documentation, as well as the quality of construction and installation works at the construction site;
participates in the execution of concealed works acceptance acts and provisional acceptance of critical structures;
ensures proper maintenance of the technical supervision log;
gives instructions that are binding on contractors and architectural supervision specialists on the elimination of violations during construction;
suspends construction and installation works in the event of deficiencies that affect the reliability of constructions and seismic resistance of buildings and structures, as well as threaten human life and health, along the notification of the customer and the territorial inspection for taking effective measures;
regularly monitors the quality of construction and installation works at the construction site.
After the completion of the construction (reconstruction) of the facility, the technical supervision specialist issues to the customer a conclusion on the quality of the construction and installation works performed.
A technical supervision specialist may exercise other powers in accordance with the legislation.
Article 29. Architectural supervision
Architectural supervision is carried out on a contractual basis by the developer during the entire period of construction (reconstruction) of the object. The developer has the right to delegate the authority to carry out architectural supervision to another developer on a contractual basis, with the notification of the customer thereof.
An architectural supervision specialist must be certified in the manner prescribed by law.
An architectural supervision specialist:
monitors the implementation of construction and installation works in accordance with the design adopted in the approved urban planning documentation;
participates in the execution of concealed works acceptance acts and provisional acceptance of critical structures;
ensures the proper maintenance of the architectural supervision log and makes entries in the architectural supervision log about the identified deviations from the approved urban planning documentation, which are binding on the customer and the contractor;
suspends construction and installation works in the event of deficiencies that affect the reliability of constructions and seismic resistance of buildings and structures, as well as threaten human life and health, along the notification of the customer and the territorial inspection for taking effective measures;
is responsible for the compliance of the object under construction to the approved urban planning documentation.
After the completion of the construction (reconstruction) of the object, the architectural supervision specialist issues to the customer conclusion on the compliance of the completed construction and installation works with urban planning documentation.
An architectural supervision specialist may exercise other powers in accordance with the legislation.
Article 30. Internal inspection
Internal inspection is carried out by the contractor for timely identification, elimination and prevention of deficiencies.
An internal inspection specialist must be certified in the manner prescribed by law.
An internal inspection specialist carries out:
incoming inspection of urban planning documentation regarding its completeness in accordance with urban planning norms and rules;
receiving inspection of building materials, constructions, products and equipment regarding compliance with the requirements of regulatory documents in the field of technical regulation, working drawings, passports, certificates and documents confirming their quality, along with their mandatory visual inspection;
by operation inspection of compliance with construction process technologies, with the participation of technical and architectural supervision specialists, by accepting critical structures as they are ready;
acceptance inspection of construction and installation works in accordance with the approved urban planning documentation.
The internal inspection specialist can exercise other powers in accordance with the legislation.
Quality control of construction and installation works is provided by the contractor's construction laboratory or an organization engaged on a contractual basis.
Article 31. Organization and implementation of construction works
The organization of construction work is carried out by the subjects of urban planning activities using all the necessary organizational, technical and technological solutions to achieve the end result.
Construction works must be carried out:
after notification of the territorial inspection by the customer on the start of construction and installation works at the object;
by contractors with the involvement of qualified engineering and technical personnel, specialists and workers, except for cases provided for in part three of Article 17 of this Code;
in accordance with urban planning documentation approved based on a positive conclusion of an expert organization;
with the obligatory availability of plans of construction organization and execution of work.
Article 32. Acceptance and commissioning of objects
Acceptance of a completely constructed object is carried out by the customer when it is fully prepared in accordance with the approved urban planning documentation and the executive documentation, declaration of conformity, and conclusions on the compliance of the work performed with the approved urban planning documentation and on the quality of construction and installation works are available.
Acceptance of a completely constructed object related to state secrets or other secrets protected by law, as well as objects of state importance, is carried out by the state acceptance commission created by the Cabinet of Ministers of the Republic of Uzbekistan (hereinafter — the commission). At that, representatives of the customer, developer and contractor must necessarily take part in the work of the commission.
Acceptance of a completely constructed object is formalized by the certificate of final completion of the completely constructed object, which is signed by the contractor and the customer. In cases of creation of a commission, the certificate of final completion of the completely constructed object is signed by the members of the commission, the customer, the developer, the contractor and persons exercising technical and architectural supervision.
The form of the certificate of final completion of the completely constructed object is approved by a specially authorized state body.
The duties of the participants in the acceptance of the completely constructed object include:
establishment and documentary confirmation of the readiness of the completely constructed object;
assessment of the compliance of the completed construction and installation works with the approved urban planning documentation, the requirements of urban planning norms and rules;
testing of technological, engineering or other equipment (engineering systems);
establishment of compliance of the commissioned efficiency (capacity, throughput) of the object with the indicators approved in urban planning documentation.
In the event of violations of the approved design solutions and urban planning norms and rules, as well as in the case of negative conclusion of persons exercising technical and architectural supervision, the customer (commission) accepts the object into operation after the contractor has eliminated the violations.
The commissioning of a completely constructed object is carried out by issuance of a permit for the operation of the completely constructed object by the territorial inspectorate.
The grounds for issuing a permit for the operation of a completely constructed object are:
certificate of final completion of the completely constructed object;
set of post-completion documentation for the object;
declaration of conformity issued by the contractor;
a conclusion on the compliance of the work performed with the approved urban planning documentation issued by the person exercising architectural supervision;
conclusion on the quality of construction and installation works issued by the person exercising technical supervision.
The date of issue by the territorial inspectorate of a permit for the operation of the completely constructed object is considered the date of the commissioning of the object.
Operation of the constructed object without an approved certificate of final completion of the completely constructed object and permission of the territorial inspectorate for the operation of the completely constructed object is not allowed.
Providing the customer with a declaration of conformity, conclusions on the quality of construction and installation works and the compliance of the work performed with the approved urban planning documentation does not relieve the developer, contractor, persons exercising technical and architectural supervision, from responsibility for the work performed during the design, construction, acceptance and commissioning of the object.
The customer is responsible for the timely acceptance of the completely constructed object and its commissioning.
The procedure and time frame for the acceptance of the completely constructed object and its commissioning are established by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 33. Requirements to building materials, products and constructions, conditions for their inclusion in urban planning documentation
Building materials, products and constructions must meet the requirements of regulatory documents in the field of technical regulation.
Urban planning documentation specifies the safety parameters of building materials, products and constructions.
Building materials, products and constructions are selected for inclusion in the urban planning documentation based on the requirements of the feasibility study of construction and design solutions.
Article 34. Insurance of urban planning activities
Insurance of construction risks is compulsory for construction projects financed from the State budget of the Republic of Uzbekistan and loans under a government guarantee.
The objects of insurance are buildings, structures, equipment, machinery, spare parts thereof, materials and other property located on the construction site and representing the subject of construction and installation, indicated in the insurance contract, as well as the liability of the insured for harm to life, health and damage to property of third parties during construction and installation works.
Insurance of construction risks during the construction of facilities at the expense of state capital investments is carried out with the attribution of the costs of compulsory insurance of construction risks to the total cost of construction of the object. Insurance for construction projects financed from other sources is carried out on a voluntary basis.
Chapter 6. Public control in the field of urban planning activities
Article 35. Forms of public control in the field of urban planning activities
Public control in the field of urban planning activities is carried out in the form of public consultations, public review and in other forms that do not contradict the legislation.
Based on the results of public control, a final document is prepared containing proposals of an informational and recommendatory nature.
Information, recommendations and suggestions set out in the final document of public control are considered by state authorities in the field of urban planning activities without fail and appropriate decisions shall be made on them.
Article 36. Subjects of public control in the field of urban planning activities and their rights
The subjects of public control in the field of urban planning activities are citizens' self-government bodies, non-governmental non-profit organizations, the media, as well as citizens, with the exception of cases when subjects of public control act as customers.
Subjects of public control have the right to access to reliable and timely information on the master plans of settlements.
The participation of subjects of public control in public consultations and decision-making on the approval of master plans for settlements is ensured by local executive authorities.
The following may be established to exercise public control:
public oversight commissions;
public expert commissions;
public monitoring groups;
other organizational structures of public control.
The subjects of public control during public consultations and decision-making on the approval of master plans for settlements have the right to:
discuss, make proposals and otherwise participate in the preparation of decisions on the approval of master plans for settlements;
organize, if necessary, a public review of the master plan of a settlement prior to its approval at the expense of funds not prohibited by law.
Subjects of public control may have other rights in accordance with the legislation.
Article 37. Information on the approval of master plans of settlements
Information on the approval of master plans for settlements includes:
legislation on urban planning;
information on the decisions of Government bodies, local authorities on the approval of master plans of settlements;
documents and information about master plans of settlements.
Government bodies, local authorities are obliged to inform the subjects of public control about the approval of master plans of settlements by means of publication in the media and on the official website of a specially authorized state body of the final documents of public consultations, conclusions of public reviews, measures for demonstration of programs and urban planning documentation within a period not exceeding five days from the date of the relevant decision.
Information on the approval of master plans of settlements is provided by the Cabinet of Ministers of the Republic of Uzbekistan, a specially authorized state body in the field of urban planning activities, local authorities.
Article 38. Public consultations on master plans of settlements
Public consultation on master plans of settlements is the review by the subjects of public control of urban planning documentation regarding its alignment with the interests of legal entities and individuals, society and the state.
Public consultations on master plans of settlements are carried out in the following order:
1) familiarization of the subjects of public control with the terms and procedure for holding public consultation with the provision of information on the master plan of the settlement ten days before the start of the consultation. Familiarization of the subjects of public control is carried out by:
publication of relevant announcements in the media and on the official website of the specially authorized state body;
installation of banners (posters) and outdoor advertising in the buildings of enterprises, institutions and organizations, public places, in the area of the proposed construction site;
organization of expositions;
use of other forms not prohibited by law;
2) conducting public consultation, collecting opinions on a master plan of a settlement and other activities not prohibited by law.
The duration of the public consultation on a master plan of a settlement must be at least fifteen days;
3) recording of the expressed opinions (questionnaires, audio and video recording, a list of approvals, written proposals of participants, minutes of a public consultation meeting);
4) publication of the conclusion by the subjects of public control following the results of public consultation in the media and on the official website of the specially authorized state body within fifteen days from the end of the consultation.
Master plans of settlements are approved considering the results of public consultations.
The materials of public consultation on a master plan of a settlement are kept by the customer and the local authority during the entire period of validity of the master plan.
Article 39. Appealing against violations of the procedure for public consultation on a master plan of a settlement
In the event of violations of the procedure for conducting public consultation on a master plan of a settlement as specified in Article 38 of this Code, subjects of public control have the right to file a complaint with local authorities in accordance with the Law of the Republic of Uzbekistan «On Appeals of Individuals and Legal Entities».
If a local authority finds the complaint justified, a second consultation shall be held.
The decision to approve a master plan of a settlement, taken in violation of the procedure for conducting public consultation, may be appealed in court.
Article 40. Public review of master plans of settlements
Public review of a master plan of a settlement includes its study and assessment of its alignment with the rights and legitimate interests of legal entities and individuals, the interests of society and the state.
Public examination of master plans of settlements is carried out on the initiative and application of the subjects of public control submitted to the Government bodies in the field of urban planning activities, conducting public consultation, with justification of the need for a public review.
An application for a public review of the master plan of the settlement is accepted by a Government body in the field of urban planning activities within fifteen days after the end of the relevant public consultation.
Public review is carried out on a voluntary basis, at the expense of the subjects of public control, sponsorship funds or other sources not prohibited by law.
Based on the results of a public reviews of master plan of a settlement, final document is prepared, which is submitted to a Government body in the field of urban planning and to the customer.
The customers of the master plans of settlements submit their replies to the final documents of public reviews of master plans of settlements to the Government body in the field of urban planning activities, which makes the final decision on its approval.
The Government body in the field of urban planning, which makes the final decision on the approval of master plans of settlements, along with the results of public consultations, considers recommendations given in final documents of public reviews.
Article 41. Submission of proposals on amendments to the approved master plans of settlements by subjects of public control
Subjects of public control, whose legitimate interests are affected, have the right to submit proposals on amendments to the approved master plans of settlements.
Proposals from the subjects of public control on amendments to the approved master plans of settlements are accepted only if the relevant master plansʼ implementation have not yet started.
Proposals on amendments to the approved master plans of settlements are submitted in writing or electronically to local authorities.
The local authority considers the submitted proposal within fifteen days. If there is no need for a public consultation of changes to the master plan of the settlement, the local authority sends to the applicants a justified refusal to conduct it.
Article 42. Taking decision on amendments to the approved master plan of a settlement
Proposal to amend the approved master plan of the settlement is considered by the customer in the presence of the applicant or its authorized representative within fifteen days from the day of receiving the results of the expert assessment.
An expert assessment of the proposal to amend the approved master plan of the settlement is carried out at the expense of the customer with the involvement of relevant organizations.
Amendments to the approved master plan of the settlement are made by the developer at the expense of the funds of the customer.
Article 43. The procedure for the development of an alternative master plan of a settlement
An alternative master plan of a settlement is a design and scientific document developed on the initiative and at the expense of the subjects of public control who do not agree with the proposed master plan of the settlement.
The initiator of the alternative master plan of a settlement shall apply to the local authority with a written statement requesting the recognition of its master plan of the settlement as an alternative master plan.
After receiving a written application, the local authority, considering the degree of readiness of the current master plan of the settlement, decides on whether to recognize it as an alternative master plan and submit for public review and consultation, or decline it with the reasoned justification.
The decision to refuse to recognize a master plan of a settlement as an alternative master plan may be appealed against in the manner prescribed by Article 39 of this Code.
Development, examination, approval and public consultation of an alternative master plan of a settlement are carried out in the manner prescribed by this Code.
If a master plan of a settlement is recognized as an alternative master plan, the initiator shall be reimbursed for the costs associated with its development.
Chapter 7. Urban planning documentation. State urban planning cadaster
Article 44. Composition of urban planning documentation
Urban planning documentation includes:
1) documentation on planning the development of the territory and parts of the territory of the Republic of Uzbekistan:
the master plan for the development planning of the territory of the Republic of Uzbekistan;
development planning schemes for parts of the territory of the Republic of Uzbekistan, including the territories of two or more regions and other territories (hereinafter — consolidated urban planning schemes);
the development planning scheme of the territories of the Republic of Uzbekistan;
sectoral development schemes of the territory of the Republic of Uzbekistan;
2) documentation on planning the development of territories of the regions of the Republic of Uzbekistan:
the development planning schemes of the territories of the Republic of Karakalpakstan and the regions;
district (district groups) planning project);
3) documents on the development planning of the territories of settlements:
master plans of settlements;
city and township border line plans;
sectoral schemes for the development of territories of settlements;
schemes of urban planning development of the territories of settlements;
4) documentation on the development of territories of settlements:
designs of detailed planning;
construction plans;
5) pre-design and design documentation for the construction of urban planning object:
feasibility study of construction;
technical and economic calculations of construction;
design documentation (detailed design, design and estimate documentation, executive documentation).
In accordance with the legislation, urban planning documentation may include other types of urban planning documentation.
Article 45. Development, coordination and approval of urban planning documentation
Development of urban planning documentation is carried out by the developers based on a contract, design assignment, initial background materials and permits and the results of engineering and technical surveys issued by the customer.
Assignments for the development of urban planning documentation are subject to approval by:
the Cabinet of Ministers of the Republic of Uzbekistan — on urban planning documentation, provided for in clause 1 of part one of Article 44 of this Code;
the Council of Ministers of the Republic of Karakalpakstan, regional authorities, relevant ministries, state committees, departments — on urban planning documentation provided for in clauses 1 and 2 of part one of Article 44 of this Code;
the authorities of districts and cities — on urban planning documentation provided for in clauses 2 — 4 of part one of Article 44 of this Code;
the specially authorized state body — on urban planning documentation provided for in clauses 1 — 3, clause 4 (when financing their development at the expense of budgets of the budgetary system), clause 5 of part one of Article 44 of this Code (for unique objects of nationwide importance financed from funds of budgets of the budgetary system and under government guarantees);
the territorial subdivisions of the specially authorized state body — on urban planning documentation provided for in clauses 4-5 of part one of Article 44 of this Code (when financing their development at the expense of budgets of the budgetary system).
Urban planning documentation provided for in clauses:
1 — 3 of part one of Article 44 of this Code is subject to approval by the relevant ministries, state committees, departments and their territorial divisions, as well as local authorities;
the urban planning documents referred to in subparagraphs 2 to 4 of the first part of Article 44 of this Code shall be coordinated with the participation of representatives of the relevant territorial subdivisions of ministries and agencies, with the regional architectural and urban planning councils under the Ministry of Construction and Housing and Communal Services of the Republic of Karakalpakstan, the main construction departments of the regions and the city of Tashkent, as well as with local executive authorities;
The timeframe for approval of urban planning documentation should not exceed one month.
Urban planning documentation approved by the Cabinet of Ministers of the Republic of Uzbekistan and the specially authorized state body is subject to coordination with the Republican architectural and urban planning council under the Cabinet of Ministers of the Republic of Uzbekistan.
The urban planning documents referred to in subparagraph 5 of the first part of Article 44 of this Code shall be coordinated with the sanitary and epidemiological services and the state fire control authorities, the bodies for environmental protection, the Ministry of Construction and Housing and Communal Services of the Republic of Karakalpakstan, the main construction departments of the regions and the city of Tashkent, and, in cases provided for by legislation, .
Urban planning documentation is approved by the Cabinet of Ministers of the Republic of Uzbekistan, the specially authorized state body, Jokargy Kenes of the Republic of Karakalpakstan, Kengashes of people's deputies of regions and city of Tashkent, the customer, within powers established by this Code.
Changes to the approved urban planning documentation are made by the decision of the body or customer that approved it.
Article 46. Implementation of urban planning documentation
The implementation of urban planning documentation specified in clauses 1 — 4 of part one of Article 44 of this Code is carried out on the basis of comprehensive programs for the implementation of approved urban planning documentation developed by local authorities.
Comprehensive programs for the implementation of approved urban planning documentation are approved by the Cabinet of Ministers of the Republic of Uzbekistan, Jokargy Kenes of the Republic of Karakalpakstan, Kengashes of people's deputies of regions and city of Tashkent based on proposals of the Council of Ministers of the Republic of Karakalpakstan, authorities of the regions and city of Tashkent.
The progress of implementation of comprehensive programs for the implementation of approved urban planning documentation is subject to consideration at meetings of the Jokargy Kenes of the Republic of Karakalpakstan, Kengashes of people's deputies of regions, city of Tashkent, districts and cities, and is covered in the media.
Article 47. Prohibitions and restrictions in the development and implementation of urban planning documentation
The following is prohibited when developing, approving and implementing urban planning documentation specified in clause 5 of part one of Article 44 of this Code:
construction and reconstruction of objects, regardless of their funding sources, with the simultaneous (parallel) development of urban planning documentation;
interference of unauthorized persons in the construction and making changes to the approved urban planning documentation;
design and construction of buildings and structures in areas prone to floods and landslides;
placement, design and construction of stand-alone production facilities, trade, public catering, service and market infrastructure, not provided for by the approved master plans of settlements, on the territory of completely constructed massifs, residential multi-storey microdistricts (quarters) in cities and towns;
construction of apartment buildings on land plots not intended for this type of construction;
increasing the number of storeys (superstructure) of the existing and being built buildings and structures, including individual residential buildings with more than two storeys, without an examination of urban planning documentation;
placement of objects of construction on territories and objects of public green spaces (urban forests, forest parks, parks, squares, gardens, boulevards), with the exception of amenities, engineering infrastructure and the metro.
The construction of facilities with simultaneous (parallel) design can be carried out in exceptional cases related to measures to ensure defense and state security, safety of life and health of the population, elimination of the consequences of natural and environmental disasters, fulfillment of international obligations of the Republic of Uzbekistan, according to decisions of the President of the Republic of Uzbekistan and the Cabinet Ministers of the Republic of Uzbekistan, if there are funding sources.
Article 48. State urban planning cadaster
The state urban planning cadaster is the part of the Unified system of state cadasters.
The state urban planning cadaster includes:
electronic geo-fund of engineering and technical surveys;
address registers of territories, real estate objects, engineering, transport and social infrastructure;
information on the approved urban planning documentation on planning the development and construction of territories;
information on urban planning regulations for the development and use of territories and objects of urban planning activities;
information about projects, objects and subjects of urban planning activities.
The state urban planning cadaster is maintained by the specially authorized state body and its territorial divisions.
Chapter 8. Urban planning development of the territories
49-модда. The master plan for the development planning of the territory of the Republic of Uzbekistan
The master plan for the development planning of the territory of the Republic of Uzbekistan shall define project solutions that provide for the following:
the basic principles for the development of population settlement systems, natural resource use, and production capacities in line with the socio-economic development forecasts of the Republic of Uzbekistan;
measures for improving the environmental situation in the territories of the Republic of Karakalpakstan and the regions, rational land use and land protection, preservation of the territories of cultural heritage sites, and development of engineering, transport-related, and social infrastructure of national importance;
favorable areas for the development of population settlement systems;
protected natural territories;
areas designated for agricultural and forestry use;
territories with extreme natural and climatic conditions;
areas exposed to natural and man-made emergencies;
territories containing deposits of mineral resources;
areas where specific regimes for the special regulation of urban planning activity and other types of urban planning use are established, as well as restrictions on the use of such areas for the implementation of urban planning activity;
other project solutions concerning the development of the territory of the Republic of Uzbekistan.
The project solutions included in the master plan for the development planning of the territory of the Republic of Uzbekistan shall be developed with a long-term perspective, taking into account the Development Strategy of the Republic of Uzbekistan, as well as international and regional integration processes, regional socio-economic development programs of neighboring countries, and global principles.
The master plan for the development planning of the territory of the Republic of Uzbekistan is a multi-purpose strategic document of national importance that sets the direction for:
state regulation of the settlement system of the population and distribution of production capacities;
identification of the current condition, potential, interconnection goals, and unique characteristics of the territories;
coordination of interregional and intersectoral state interests through the implementation of architectural, urban planning, and construction activities within the framework of socio-economic development programs;
establishing the urban planning documents of settlements as the basis for drafting design assignments.
Article 50. Consolidated schemes of urban planning
Consolidated schemes of urban planning determine design solutions for:
territory zoning;
measures for the development of territorial settlement systems;
measures to develop engineering, transport and social infrastructure of interregional significance;
measures for the rational use of natural resources;
measures to provide resources for the integrated development of the territory;
other design solutions for the development of the territory.
Article 51. The development planning schemes of the territories of the Republic of Karakalpakstan and the regions
The development planning schemes of the territories of the Republic of Karakalpakstan and the regions shall define project solutions that provide for the following:
zoning of territories;
the main areas of improving the settlement systems, development of settlements;
the main areas of development of industry, agriculture, engineering, transport and social infrastructure of interregional and inter-settlement significance;
boundaries of settlements and suburban areas of cities;
protection of the territories of the Republic of Karakalpakstan and the regions from the impact of natural and man-made emergencies through urban planning instruments, measures to improve the environmental situation, and preservation of the territories of cultural heritage sites;
other project solutions concerning the development of the territories of the Republic of Karakalpakstan and the regions.
The project solutions included in the development planning schemes of the territories of the Republic of Karakalpakstan and the regions shall be developed with a long-term perspective, taking into account the Development Strategy of the Republic of Uzbekistan, as well as international and regional integration processes, regional socio-economic development programs of neighboring countries, and global principles.
Article 52. Sectoral schemes of the development of the territory of the Republic of Uzbekistan
Sectoral schemes of the development of the territory of the Republic of Uzbekistan determine the main parameters and planning solutions for:
development of energy supply, gas supply, communications, irrigation, water supply, and wastewater disposal networks;
development of air, rail, road, river, pipeline and other types of transport;
protection of territories from dangerous geological and hydrogeological processes;
environmental protection;
location of the productive forces of the sectors of the economy;
other issues of development of the territory of the Republic of Uzbekistan.
Article 53. District (groups of districts) planning schemes
District (groups of districts) planning schemes determine design solutions for:
main areas of development of the territory of a district (groups of districts), taking into account the peculiarities of socio-economic development, natural and climatic conditions and the population forecasts;
territory zoning and its planning schemes;
measures to protect the territory of a district (groups of districts) from the impact of natural and man-made emergencies;
areas of development of engineering, transport and social infrastructure of inter-settlement significance;
territories of the reserve areas for the development of settlements;
territories for the placement of individual housing construction, land plots for collective gardening, viticulture and horticulture;
territories for organizing recreation areas for the population;
boundaries of settlements and suburban areas of cities;
other design solutions for the development of the territory of a district (groups of districts).
Article 54. Master plan of a settlement
A master plan of a settlement determines the design solutions for:
main areas of development of the territory of a settlement, taking into account the peculiarities of socio-economic development, natural and climatic conditions and the population forecasts;
zoning of territories and the sequence of their development;
measures to protect the territory of the settlement from the impact of natural and man-made emergencies, development of engineering, transport and social infrastructure;
the ratio of developed and undeveloped territory of the settlement;
territory of the reserve areas for the development of the settlement;
the boundaries of the settlement;
other design solutions for the development of the territory of the settlement.
A master plan of the city and the planning scheme of the suburban area can be developed as a single document on the basis of an agreement between the authorities of adjacent territories.
The development of master plans for medium and small settlements, as well as villages and auls, may be combined with the development of designs of detailed planning in a single document.
A master plan for a settlement, on the territory of which there are objects of cultural heritage, is developed taking into account the historical and architectural plan of the settlement and the protected area of cultural heritage objects.
A master plan of a settlement is developed for an estimated period of twenty to twenty-five years. A master plan of a settlement is valid until its full implementation or the approval of a new master plan.
In the absence of a master plan of a settlement or during the period of development of a new master plan, issues related to the allocation of land plots for current construction within the territory of the settlement shall be coordinated, based on the submission of the district (city) construction department, with the regional architectural and urban planning councils under the Ministry of Construction and Housing and Communal Services of the Republic of Karakalpakstan, the main construction departments of the regions, and the city of Tashkent.
During the development of a new master plan for a settlement, documents related to the land acquisition for the construction of public facilities are subject to additional agreement with the developers.
It is forbidden to design and build objects on the territory of settlements without a master plan and other necessary urban planning documentation.
Article 55. Plans of boundary lines of settlements
Plans of boundary lines of settlements are developed based on territorial planning schemes, district (groups of districts) planning scheme and master plans of settlements.
Plans of boundary lines of small cities, as well as townships, villages and auls may be developed as part of the master plans of the respective settlements.
Article 56. Sectoral schemes of development of territories of settlements
Sectoral schemes of development of the territories of settlements determine the main parameters and design solutions for:
development of energy supply, gas supply, communications, irrigation, water supply, and wastewater disposal networks;
development of modes of transport;
placement of objects of sectors of the economy;
protection of territories from dangerous geological and hydrogeological processes;
civil protection of the population;
environmental protection;
protection of cultural heritage objects;
landscaping and greening of territories;
other issues of territorial development.
Article 57. Designs of detailed planning
Designs of detailed planning are developed based on master plans of settlements for parts of the territories of the settlements and determine:
red lines;
lines of regulation of development and use of land plots;
boundaries of land ownership, land use and land plots of owners;
zoning of territories and the sequence of their development;
regimes of using protected zones;
parameters of streets, driveways, pedestrian zones, as well as structures and communications of transport, communications, engineering equipment and landscaping;
composition and placement of social and cultural facilities;
volumetric-spatial and architectural-planning solutions of building projects, density and parameters of building projects, number of storeys, types of buildings and structures.
Designs of detailed planning are the basis for the preparation of land development plans.
Article 58. Plans for development of territories
Plans for development of territories are prepared based on approved designs of detailed planning within the boundaries of the established red lines or the boundaries of land plots.
Plans for development of territories determine:
building regulation lines;
location of buildings and structures, their number of storeys, type and other characteristics;
architectural development solutions;
systems of engineering equipment, communications and landscaping, as well as the conditions for connecting these systems to the structures and communications of systems of engineering equipment, communications and landscaping located outside the land plots, massifs, quarters, microdistricts and other elements of the planning structure of settlements;
organization of the movement of vehicles and pedestrians;
areas of common use.
Local authorities have the right to introduce additional requirements to the plans of development of territories in accordance with local conditions, that do not contradict this Code, urban planning norms and rules, including requirements for design and construction in protected areas of cultural heritage objects, landscaping of territories, placement of small landscaping objects, objects (constructions) of advertising, signboards and other information.
Article 59. Pre-design documentation
Pre-design documentation are:
feasibility study;
technical and economic estimate.
Feasibility study or technical and economic estimate — pre-design documentation substantiating the choice of the most effective technical, technological and organizational solution for the implementation of the project based on consideration of options that determine the marginal value of the project as a whole and the amount of funding requirements, taking into account the elaborated preliminary conditions for financing.
Article 60. Design documentation
Design documentation are:
working design;
design and estimate documentation;
construction design documents.
The design documentation determines the space-planning, structural and technical solutions, the cost of construction, reconstruction and overhaul of buildings, structures and their complexes, as well as landscaping works.
Design documentation is developed in accordance with urban planning norms and rules, coordinated with the relevant territorial divisions of the specially authorized state body, sanitary and epidemiological services, state fire safety services, ecological and environmental authorities and other services.
Development, financing, approval and the procedure for using of design documentation, as well as making changes to it, are carried out on the initiative and at the expense of its customer.
The construction of objects is carried out based on the approved urban planning documentation.
Chapter 9. Use of the territories of settlements and suburban areas
Article 61. Development regulations
Development regulations establish the procedure for the implementation of urban planning activities in the respective territories and settlements.
Development regulations stimulate and create an opportunity for the use and development of energy-saving, environmentally friendly, socially beneficial technologies.
Development regulations are developed based on territory planning scheme and district (groups of districts) planning schemes, master plans of settlements and urban planning regulations for each territory.
Permits for the construction of objects, issued before the adoption of development regulations, shall be valid, except for cases when the safety requirements of the population are not met.
Article 62. Zoning of territories
Zoning of territories is aimed at ensuring a favorable living environment, protecting territories from the impact of natural and man-made emergencies, preventing excessive concentration of population and production, environmental pollution, conservation and use of protected areas, as well as protecting cultural heritage sites, agricultural and forest lands.
Use of territories for the implementation of urban planning activities are restricted:
in zones of protection of cultural heritage objects, reserves;
in zones of protected areas;
in sanitary areas;
in protective zones;
in sanitary protection zones;
in zones of deposits of minerals;
in areas prone to natural and man-made emergencies;
in areas of environmental emergencies and environmental disasters;
in zones of extreme natural and climatic conditions.
Restrictions on the use of territories for the implementation of urban planning activities may be established in other zones in accordance with the legislation.
The functional purpose of the territories and the intensity of their use are determined taking into account the restrictions on the use of the respective territories.
Urban planning documentation that determines the functional zoning of the territory of a settlement is subject to revision based on the interests of legal entities and individuals, society and the state, the need to modernize production, attract investments, develop recreational and cultural zones.
Article 63. Territorial zones of settlements
The following territorial zones may be established on the territories of settlements:
residential areas;
public and business zones;
production zones;
zones of engineering and transport infrastructure;
recreational zones;
agricultural use zones;
special purpose zones;
zones of military facilities and other restricted areas;
suburban zones.
Local Councils of People's Deputies of districts (cities) may, in accordance with local conditions, establish other territorial zones, as well as include land plots and other facilities therein, taking into account urban planning norms and regulations.
The boundaries of the territorial zones of settlements are determined based on red lines, natural boundaries of natural objects, the boundaries of land plots of legal entities and individuals.
The legal regime established for each territorial zone by urban planning regulations applies equally to all land plots, buildings, structures and their complexes located on it.
Additional requirements for the design and construction of individual buildings, structures and their complexes may be established for territorial zones, within the boundaries of which urban planning activities are subject to special regulation.
Article 64. Residential zones
Residential zones are intended for construction of residential multi-storey buildings, medium and low storey residential buildings, individual residential buildings.
Residential zones also include territories allocated for collective gardening, viticulture and horticulture, located within the boundaries of settlements.
In residential areas, it is allowed to place free-standing, built-in, built-in-attached or attached objects of social and cultural and domestic purposes, religious buildings, parking lots for vehicles, industrial, communal and warehouse facilities, for which the establishment of sanitary protection zones is not required and whose activities are not harmful to the environment (noise, vibration, magnetic fields, radiation exposure, pollution of soil, air, water and other harmful effects).
Placement in residential zones of catering establishments with a capacity of more than one hundred seats, stationary and temporary pavilions for demonstration of film and video films, summer open-air stages, movie theaters and dance floors is not allowed.
Article 65. Public and business zones
Public and business zones are intended for placement of centers of business, financial, social activity, objects of health care, culture, trade, public catering, consumer services, state educational institutions and non-state educational organizations, administrative, research institutions, religious buildings and structures, social sphere objects, as well as parking lots.
The list of objects permitted for placement in public and business zones may include residential buildings, hotels, underground or multi-storey garages.
Article 66. Production zones
Production zones are intended for placement of industrial, utilities, storage facilities that ensure their operation, engineering and transport infrastructure facilities, with the establishment of sanitary protection zones around them.
Placement of residential buildings, educational institutions and organizations, healthcare objects and recreation facilities, fitness and sports facilities, land plots for collective gardening, viticulture and horticulture, and agricultural production in sanitary protection zones is prohibited.
Landscaping of the territories of industrial zones is carried out by the owners of objects located therein.
Article 67. Zones of engineering and transport infrastructure
Zones of engineering and transport infrastructure are intended for the placement and operation of structures and communications of air, rail, road, river and pipeline transportation, communications and engineering equipment.
Prevention of the harmful effects of structures, transport communications, communications and engineering equipment on a living environment is ensured through compliance with the distance requirements from such objects to the territories of residential, public and business, and recreational zones, as well as the requirements of urban planning norms and rules, special building standards and rules.
The landscaping of territories within the boundaries of land plots of structures and communications of transport, communications, engineering equipment, as well as their sanitary protection zones is the responsibility of the owners and users.
The placement of structures and communications of transport, communications and engineering equipment, the operation of which has a direct harmful effect on the life and health of citizens, within the boundaries of settlements is not allowed.
Article 68. Recreational zones
Recreational zones are intended for the organization of tourism and mass recreation of the population and include territories and objects of green spaces (urban forests, forest parks, parks, squares, gardens, boulevards), zoos, reservoirs, beaches, embankments and other objects.
The construction and expansion of existing industrial, communal and storage objects that are not directly related to the operation of recreational and treatment objects are not allowed on the territories of recreational zones.
Article 69. Zones of agricultural use
Agricultural zones occupied by arable land, orchards, vineyards, vegetable gardens, hayfields, pastures and other lands, as well as buildings and premises for agricultural purposes are separated within the boundary lines of settlements. The territories of these zones can be used for agricultural purposes until the type of their use is changed in accordance with master plans and development rules.
Article 70. Zones of special purpose
Zones of special purpose are allocated for the placement of cemeteries, cattle cemeteries, household waste dumps and other objects, the use of which is incompatible with the use of other types of territorial zones of settlements.
Zones of special purpose are provided with established sanitary protection zones.
The procedure for using territories of special purpose zones is established by the construction rules taking into account the requirements of urban planning norms and rules, as well as special norms and rules of development.
Article 71. Zones of military objects and other regime areas
The zones of military objects and other regime areas are intended for the placement of objects with respect to the territories of which a special regime is established. The procedure for using the territories of these zones within settlement lines is established by the Cabinet of Ministers of the Republic of Uzbekistan taking into account the requirements of urban planning norms and rules, special norms and rules of development.
Article 72. Suburban zones
A suburban zone includes land outside the city border that makes up a single social, natural, economic territory with the city and is intended for the development of the territory of this city, territories of settlements, inter-settlement territories that are part of the suburban area of this city (reserve territory for the development of the city), and for the placement of industrial, communal and storage objects, engineering, transport infrastructure objects, plots for collective gardening, viticulture and gardening, recreation areas for the population, as well as for agriculture and the implementation of protective and sanitary-hygienic functions.
The establishment of the boundaries of suburban zones is carried out on the basis of urban planning and land management documentation in accordance with this Code and legislation on land.
Article 73. Use of the territory of the suburban zone
The use of the territory of suburban zone and urban planning activities within its borders are carried out taking into account the interests of the legal entities and individuals, society and the state, inter-settlement territories included in the suburban zone.
The zoning of the territories of suburban zones is determined in the planning schemes for the territories of the Republic of Karakalpakstan and regions, district (groups of districts) planning schemes, as well as in master plans for cities developed together with their suburban zones.
Territories for sanitary protection and recreational purposes are distinguished in suburban zones. Economic and other activities that have harmful effect on the environment are prohibited in these territories.
Construction, reconstruction and expansion of buildings, structures and their complexes within the boundaries of suburban zones are carried out in agreement with the city's executive authority.
Chapter 10. Special regulation of urban planning activities
Article 74. Special regulation of urban planning activities
Urban planning is subject to special regulation in cases where, without the introduction of special rules for the use of the territory, ensuring the interests of legal entities and individuals, society and the state in the field of urban planning is impossible or difficult.
Special regulation of urban planning activities is carried out through:
introduction of special rules for the use of territories;
introduction of special urban planning rules and regulations;
introduction of a special procedure for the development, approval and implementation of urban planning documentation;
development of special schemes and projects for the protection of territories and settlements from harmful effects;
issuance of special permits for the implementation of urban planning activities.
Article 75. Objects of urban planning activities subject to special regulation
The objects of urban planning activity, subject to special regulation, may be of national or local significance.
Urban planning activities are subject to special regulation if:
territories and settlements are exposed to natural and man-made emergencies;
territories are contaminated with chemical and biological substances, harmful microorganisms in excess of the maximum permissible concentrations, radioactive substances in quantities exceeding the maximum permissible levels;
urban planning activities are carried out in protected areas.
The objects of urban planning activities subject to special regulation may also include:
territories with unique protected landscapes;
protected areas;
resort areas;
recreational areas;
territories of special economic zones;
territories of small industrial zones;
protection zones of water resources;
the territory of city of Tashkent;
the territory of city of Nukus;
territories of cities — administrative centers of regions;
zones adjacent to the cities of Tashkent and Nukus, administrative centers of regions and districts;
settlements with objects of cultural heritage;
settlements — resorts;
settlements — reserves;
settlements with tourism potential;
settlements with extreme natural and climatic conditions;
settlements with special living conditions (military facilities and other restricted areas, settlements located on the territory of state reserves and other protected areas).
Article 76. Classification of objects of urban planning activities subject to special regulation as objects of national and local significance and establishment of their boundaries
Classification of objects of urban planning activities subject to special regulation as objects of national significance, as well as the establishment of their boundaries are carried out by the Cabinet of Ministers of the Republic of Uzbekistan:
in areas affected by natural and man-made emergencies — upon the submissions of the Jokargy Kenes of the Republic of Karakalpakstan, the Councils of People's Deputies of the regions and the city of Tashkent, and the Ministry of Emergency Situations of the Republic of Uzbekistan, based on information provided by interested ministries and agencies;
on the territories contaminated with chemical and (or) biological substances, harmful microorganisms in excess of the maximum permissible concentrations, radioactive substances in excess of the maximum permissible levels — at the proposals of the Ministry of Emergency Situations of the Republic of Uzbekistan and the State Committee of the Republic of Uzbekistan on ecology and environmental protection;
in the territory of the city of Tashkent — upon the submissions of the Ministry of Construction and Housing and Communal Services of the Republic of Uzbekistan and the Tashkent City Council of People's Deputies;
in cities where tangible cultural heritage sites are located — upon the submissions of the Agency for Cultural Heritage of the Republic of Uzbekistan and the Ministry of Construction and Housing and Communal Services of the Republic of Uzbekistan;
within the territories of resort cities — based on the submissions of the Ministry of Health of the Republic of Uzbekistan, the Council of the Federation of Trade Unions of Uzbekistan, and the Ministry of Construction and Housing and Communal Services of the Republic of Uzbekistan;
within the territories of protected cities — based on the submissions of the Ministry of Culture of the Republic of Uzbekistan and the Ministry of Construction and Housing and Communal Services of the Republic of Uzbekistan;
on the territories of settlements with special living conditions (military facilities, other restricted areas, settlements in state reserves and other protected areas) — at the proposals of interested ministries, state committees, departments;
in protected areas — at the proposals of interested ministries, state committees and departments.
Classification of objects of urban planning activities subject to special regulation as objects of local significance (not classified as objects of national significance), as well as establishment of their boundaries, are carried out by the Ministry of Emergency Situations of the Republic of Uzbekistan:
in areas affected by natural and man-made emergencies — upon the submissions of the Jokargy Kenes of the Republic of Karakalpakstan, the Councils of People's Deputies of the regions and the city of Tashkent, in coordination with the Ministry of Construction and Housing and Communal Services of the Republic of Uzbekistan;
in areas contaminated with chemical and/or biological substances and harmful microorganisms in concentrations exceeding the maximum permissible concentrations, or with radioactive substances exceeding the maximum permissible levels — upon the submissions of the Jokargy Kenes of the Republic of Karakalpakstan, the Councils of People's Deputies of the regions and the city of Tashkent, and in coordination with the Ministry of Construction and Housing and Communal Services of the Republic of Uzbekistan, the Ministry of Health of the Republic of Uzbekistan and the State Committee of the Republic of Uzbekistan for Ecology and Environmental Protection.
the inclusion of urban planning activity sites subject to special regulation in the category of sites of local significance (not included in the category of sites of national significance), as well as the determination of their boundaries, shall be carried out by the Jokargy Kenes of the Republic of Karakalpakstan and the Councils of People's Deputies of the regions and the city of Tashkent:
within protected natural territories — in coordination with the Ministry of Construction and Housing and Communal Services of the Republic of Uzbekistan, the State Committee of the Republic of Uzbekistan for Ecology and Environmental Protection, and the interested ministries and agencies;
on the territories of settlements with special living conditions (military facilities, other restricted areas, settlements located on the territories of state reserves and other protected areas) — in agreement with the interested ministries, state committees and departments;
on the territories of city of Nukus and cities that are administrative centers of regions, as well as on the territories of cities with objects of cultural heritage — at the proposals of the relevant local authorities.
The boundaries of the objects of urban planning activities subject to special regulation are established based on the approved urban planning documentation on planning the development and building the territories of settlements, and need not to coincide with the boundaries of administrative-territorial units.
Article 77. Special regulation of urban planning activities in the territories subject to natural and man-made emergencies
Areas contaminated with chemical and (or) biological substances, harmful microorganisms in excess of the maximum permissible concentrations, radioactive substances in excess of the maximum permissible levels, in cases where the residence of the population and the implementation of economic activities in such areas pose a threat to human life and health, are subject to conservation and special treatment procedures. Depending on the degree of pollution and the method of rehabilitation of these territories, the Cabinet of Ministers of the Republic of Uzbekistan may introduce a special regime for their use or establish a different functional purpose.
In order to ensure the safety of the territories of settlements, measures should be taken to carry out urban planning activities in compliance with the requirements of civil protection, prevent natural and man-made emergencies, as well as combat terrorist acts.
The timeframes for the introduction of special regulation at the objects of urban planning activities are established by the government bodies in the field of urban planning activities. During the period of the regime of special regulation, urban planning activities are carried out in accordance with the measures specified in Article 74 of this Code.
Article 78. Special permits for construction of objects
Special permits for the construction of objects, information about which is considered a state or other secret protected by law, as well as objects of urban planning activities of special regulation are issued in accordance with the legislation.
Chapter 11. Land relations in urban planning activities
Article 79. Urban planning requirements for the use of land plots in settlements
Urban planning requirements for the use of land plots are determined by master plans of settlements, designs of detailed planning, plans and rules of development.
When providing land plots, local authorities inform legal entities and individuals on the urban planning requirements for the use of land plots.
When providing (selling) land plots to legal entities and individuals for development, local authorities may establish following urban planning requirements and encumbrances to land plots:
on preparation of the development plan in accordance with the architectural and planning assignment submitted by the territorial divisions of the specially authorized state body;
on landscaping of the common area adjacent to the development project site;
on meeting deadlines for the start and completion of construction of objects.
If the construction of the object is not completed within two years from the date of the start of construction or within the timeframe indicated in the urban planning documentation, the object is considered incomplete.
In case if new development leads to a decrease in the provision of the population of a given development area with appropriate services below the standards provided for by the urban planning norms and rules, land plots may be provided (sold) to legal entities and individuals under the condition of their participation in the construction of additional engineering, transport and social infrastructure facilities.
In the event of the transfer of rights to the land plot to another person, the requirements and encumbrances specified in part three of this article shall hold.
Parts three, four and five of this article do not apply to construction carried out on land plots provided (sold) for individual housing construction.
The documents certifying the right to a land plot must indicate:
territorial zone code established by the building rules;
functional purpose of the territorial zone within which the land plot is located;
the location of the land plot or its part within the boundaries of the protection zones of cultural heritage objects, protected areas and water protection zones, as well as within the boundaries of territories and settlements exposed to natural and man-made emergencies, and other territories, restrictions on the use of which are established by law;
availability of engineering, transport and social infrastructure facilities within the boundaries of the land plot, indicating their parameters and restrictions on the use thereof;
the presence within the boundaries of the land plot of buildings and structures that do not belong to the owner, proprietor or user, with indication of restrictions on the use of this land plot due to the location on it of these objects.
When dividing land plots or changing their boundaries and parameters, red lines, building regulation lines and the requirements of urban planning regulations regarding the minimum size of land plots are observed.
In case of division of land plots and buildings, structures and other objects located on them, conditions must be provided ensuring the functioning of their parts as independent objects.
Article 80. Requirements to land plots, buildings and structures during the reconstruction of objects
Reconstruction of objects is a complex of construction works and organizational and technical measures related to changing the main technical and economic indicators (loads, layout of premises, construction scope and total area of the building, engineering equipment) in order to change the operating conditions, maximize the replacement of occurred losses due to physical deterioration, achieving new targets regarding the use of buildings.
Permits for the reconstruction of objects, including the construction of new facilities on the site of demolished buildings and structures with a change in the main permitted type of land use, shall be issued by the territorial subdivisions of the specially authorized state body based on the urban planning documents concerning the development planning and construction of settlement territories, and in coordination with the sanitary and epidemiological services and state fire control authorities.
In the absence of urban planning documents on the development planning and construction of settlement territories, matters related to the issuance of permits shall be coordinated with the architectural and urban planning councils under the Ministry of Construction and Housing and Communal Services of the Republic of Karakalpakstan, the main construction departments of the regions, and the city of Tashkent.
In the reconstruction of objects, including the construction of new facilities on the site of demolished buildings and structures with a change in the main permitted type of land use, the customers shall bear the obligations provided for in this Code.
Article 81. Easements and encumbrances of rights to land plots in the implementation of urban planning activities
In the implementation of urban planning activities, easements are imposed when the interests of the subjects of urban planning activities cannot be ensured without the limited right to use someone else's land plot for construction, reconstruction, repair and other needs to ensure the safety of urban planning activities.
Easements and encumbrances of rights to land plots in the implementation of urban planning activities include obligations and restrictions on the rights of owners, occupiers and users of land plots and are imposed based on the urban planning documentation and building rules.
The procedure for imposing and terminating easements and encumbrances of rights to land plots is determined by the land legislation.
Article 82. Withdrawal of land plots for public needs with compensation
The Withdrawal of land plots belonging to individuals and legal entities, respectively, on the right of lifelong inherited possession, permanent possession, permanent use, fixed-term (temporary) use or lease, for public needs with compensation is carried out in accordance with the procedure provided for by law.
Chapter 12. Final provisions
Article 83. Financing of urban planning activities
Financing of urban planning activities is carried out at the expense of budgets of the budgetary system, own and attracted funds of customers, equity participation of legal entities and individuals for the development of engineering, transport and social infrastructure, as well as from other sources not prohibited by law.
Financing of urban planning activities is carried out at the expense of budgets of the budgetary system, with:
development of urban planning documentation, conducting complex engineering surveys, drawing up maps of microseismic zoning and carrying out an examination of urban planning documentation, provided for in clauses 1 — 4 of part one of Article 44 of this Code;
conducting research work on urban planning activities, developing urban planning norms and rules;
development and implementation of nationwide targeted programs for the development of zones of environmental emergencies and disasters, historical settlements, engineering, transport and social infrastructure of national significance, other nationwide targeted programs, as well as maintaining the state urban planning cadaster.
The use of budgetary funds to finance other urban planning activities is carried out in cases where the urban development of the territory affects the state interests, the interests of two or more regions, or the interests of groups of settlements.
The Council of Ministers of the Republic of Karakalpakstan, local authorities, when forming annual target lists of construction at the expense of local budgets, should provide for financing the development of master plans for settlements, conducting complex engineering surveys, drawing up microseismic zoning maps of settlements and territorial integrated schemes for nature protection, conducting architectural supervision over the current development projects by the developers and monitoring the implementation of master plans of settlements, coordination and examination of urban planning documentation.
Article 84. Settlement of disputes
Disputes in the field of urban planning are resolved in the manner prescribed by law.
Article 85. Responsibility for violation of the legislation on urban planning
Persons guilty of violating the laws on urban planning are liable in the prescribed manner.
