Law
If you co-own an apartment or house in Uzbekistan with other owners, selling your share without following the correct legal procedure is not permitted. Notary Alisher Botirov explains how the right of first refusal works and the critical role notarial notification plays in the process.
1 minSelling a fractional share in a jointly owned apartment is one of the most legally nuanced real estate transactions in Uzbekistan. Before approaching any outside buyer, the seller must first offer co-owners the right to purchase the share. A notary ensures the entire procedure is carried out lawfully and without risk.
Yes, selling a share in jointly owned property without the other co-owners' consent is technically possible — but only if you strictly observe their right of first refusal. This means that before offering your share to an outside buyer, you are legally required to first offer it to the existing co-owners on the same terms and at the same price. In my practice, I frequently see this step overlooked, which inevitably leads to litigation and the risk of the transaction being invalidated.
Key points to remember:
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Uzbek law requires that every co-owner be notified in writing. In practice, the most dependable method is notarial notification: the notary drafts and dispatches the notice, then issues a certificate confirming delivery. This creates indisputable evidence that each co-owner was duly informed.
Depending on the co-owner's response:
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.
A deposit and an advance payment are two fundamentally different instruments in real estate transactions — and confusing them can be costly. In this article, a notary practicing in the Yunusabad district of Tashkent explains the legal distinction, the risks each option carries, and how to properly document the transfer of funds to safeguard your interests.
Important: If you subsequently change the price or any material terms in favour of the new buyer, the entire notification procedure must be repeated from the beginning.
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| Stage | What Happens | Key Considerations |
|---|---|---|
| Agree on sale terms | Fix the price and conditions | The price offered to co-owners must not exceed the price offered to third parties |
| Notify co-owners | Written notice to each co-owner | Notarial notification is strongly recommended for evidentiary reliability |
| Await response | Refusal received or waiting period expires | The waiting period is set by law; confirm the current timeframe with your notary |
| Execute the transaction | Sale and purchase agreement | Notarial certification is mandatory when selling to an outside party |
| State registration | Transfer of title | Documents are submitted to the relevant property registration authority |
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I always recommend preparing a complete document pack in advance — this typically allows the entire procedure to be completed in a single visit and avoids unnecessary delays.
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Is co-owner consent required if all owners want to sell their shares simultaneously?
The right of first refusal applies only when a share is being sold to an outside party. If all co-owners are selling the property together to a single buyer at the same time, no separate notification procedure is required.
What happens if I sell my share without notifying the co-owners?
Any co-owner may apply to court to have the rights and obligations of the buyer transferred to themselves. Such a claim may be brought within the period established by law. The transaction is at serious risk of being challenged and set aside.
Can I notify a co-owner via messaging app or phone call?
This is legally unreliable. A court may refuse to accept such notification as proper evidence. Written form is mandatory; notarial notification is the optimal solution.
How much does notarial notification of co-owners cost?
Notarial fees are reviewed periodically. Please confirm the current rates with your notary at the time of your appointment.
Must the share sale and purchase agreement itself be notarially certified?
Yes. Transactions involving shares in real property generally require notarial certification under Uzbek law. The notary verifies that the right of first refusal has been observed and that the transaction is lawful in all respects.
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This article is provided for general information purposes only and does not constitute individual legal or notarial advice. Specific timeframes, fees, and procedural requirements may vary depending on the circumstances of your case and current legislation. Always verify the details that apply to your situation directly with a qualified notary.
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If you are planning to sell or acquire a share in jointly owned property in Uzbekistan, do not delay seeking professional advice. A properly conducted notification procedure and a correctly executed transaction are the foundation of protecting your interests for years to come. Contact my notarial office in the Yunusabad District of Tashkent — I will help you assess your situation, prepare the necessary documentation, and complete the transaction in full compliance with the law.
