Law
A preliminary sale agreement locks in the terms between buyer and seller before the main transaction is signed. As a practising notary in the Yunusabad district of Tashkent, I explain when notarisation is legally required — and when it is simply the prudent choice.
1 minYes, gifting or selling property through a power of attorney is entirely legal in Uzbekistan — provided certain mandatory conditions are met. The POA must be notarially certified and must spell out specific authorities. Here is how it works in practice and what you should watch out for.
A preliminary sale agreement (known in civil law systems as a *pre-contract* or *agreement to agree*) is a binding document under which the seller and buyer commit to concluding a main sale-and-purchase agreement on agreed terms at a future date. It does not transfer title, but it creates enforceable obligations: if either party walks away, the other has legal recourse.
Notarisation of a preliminary agreement is not universally mandatory under Uzbek law, but in my practice I strongly recommend it — particularly where a substantial deposit or advance payment is involved.
Key takeaways:
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Uzbek legislation specifies circumstances in which a residential property transfer must take notarial form. If the main sale contract in your particular situation requires notarisation — for example, where a minor holds an ownership share, or where a share in jointly-owned property is being sold — then the preliminary agreement should logically be notarised as well, to avoid a procedural mismatch.
Practising private notary of the Yunusabad district of Tashkent. Certifies transactions, powers of attorney, inheritance and family documents under the law of the Republic of Uzbekistan.
If you cannot personally attend Uzbekistan's tax authorities — whether you are based abroad or simply wish to delegate — a notarially certified power of attorney allows a trusted representative to act on your behalf. This article explains what a tax representation power of attorney is, what documents are required, and what to watch out for when having one certified.
Even when the law does not compel it, notarising the preliminary agreement delivers practical advantages:
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| Element | General Requirement | What to Watch For |
|---|---|---|
| Property description | Address, floor area, cadastral number | Details must match the title documents exactly |
| Purchase price | The amount agreed by the parties | State the full price — understating it creates legal risk for the buyer |
| Deadline for the main contract | A specific date or a defined triggering event | Without a deadline, Uzbek law generally treats the agreement as valid for one year |
| Deposit / advance payment | Amount and refund procedure | Deposits and advance payments carry different legal consequences — clarify with your notary |
| Liability for non-performance | Penalties for the party that refuses to proceed | Spell out consequences clearly for *both* sides |
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For notarisation of a preliminary apartment sale agreement, you will typically need:
The exact document list varies with the specifics of your transaction — I recommend confirming the full requirements when you first contact the notary's office.
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Can we use a simple written agreement instead?
In most cases the law permits it. However, a plain written agreement provides no independent verification of the parties or the property, and it is considerably easier to contest in court. In my experience, it is precisely these "simple" preliminary agreements that most often end up in litigation.
What is the difference between a deposit (*zadatok*) and an advance payment (*avans*)?
A deposit counts toward the purchase price and serves as security: if the buyer withdraws, the seller keeps the deposit; if the seller withdraws, they must return twice the amount. An advance payment, by contrast, is simply refunded if the deal falls through. The distinction matters significantly — discuss the implications with your notary before signing.
Does the preliminary agreement legally compel both parties to sign the main contract?
Yes. If one party refuses to proceed, the other may apply to court either to compel execution of the main contract or to claim damages.
How much does notarisation cost?
The notarial fee depends on the transaction value and other factors. Please verify the current tariff directly with the notary on the day you attend, as rates are subject to periodic revision.
Does the preliminary agreement need to be registered with the cadastral authority?
As a rule, the preliminary agreement does not require state registration — unlike the main sale contract. Notarisation alone confers the appropriate legal force.
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A preliminary sale agreement is a valuable tool for protecting the interests of both buyer and seller in a residential property transaction. Notarial form is not always required by statute, but in the vast majority of cases it is justified: you gain professional due diligence on the documents, a legally sound agreement text, and a document with the highest available evidentiary weight.
> Disclaimer. This article is for general information purposes only and does not substitute for individual notarial advice. Specific requirements, fees, and document lists may differ depending on the circumstances of your particular transaction.
If you are preparing to buy or sell an apartment in Tashkent and wish to put a preliminary agreement in place properly and securely, I welcome you to contact my notary office in the Yunusabad district. My colleagues and I are ready to guide you through every step of the transaction with confidence.