Citizens who wish to sell their homes may face a prohibition on posting advertisements on the Internet

In Uzbekistan, a proposed law has been under discussion, aiming to prevent citizens from advertising and selling their real estate properties online. This document was released by the State Asset Management Agency and made available for public discussion on the regulatory legal documents portal.

The draft law specifically mandates that real estate advertising must solely be conducted through authorized real estate organizations and agents.

"Advertisements and announcements regarding real estate properties of individuals or legal entities, including those posted online or on social media platforms, must be facilitated without charge by real estate owners solely through real estate organizations and agents," states Article 27 of the proposed law.

Following extensive criticism and discussions on social media, the State Asset Management Agency has provided clarification regarding the proposed changes.

The agency explained that the existing law, in effect since 2010, no longer aligns with the current realities and advancements in real estate practices. Thus, a new version of the "On Real Estate Activity" law needed development.

"The draft law was formulated to enhance legislation in the realm of real estate services, to discourage operating in the 'shadow' economy, to legitimize the activities of unauthorized (black market) realtors and real estate entities, protect consumers' rights within the real estate sector, and prevent instances of fraud by illicit realtors," stated the official communication.

It was highlighted that the drafting of the law took inspiration from the practices of developed nations. In countries such as the USA, Germany, and France, realtors are mandated to hold licenses. Similarly, in the Benelux countries (Belgium, the Netherlands, and Luxembourg), realtors operate under stricter regulations, and each agent is recognized as a professional based on their membership in specific organizations.

Responding to criticisms of the proposed law, the Agency emphasized Article 3, which exempts transactions conducted independently by real estate owners from the law's application.

Simultaneously, the Agency highlighted that Article 27 of the draft Law specifies that information, advisory, and advertising services within the real estate market are rendered based on a contract for real estate services, as per legal requirements. It also clarified that advertising and announcements of real estate properties by individuals or legal entities, even when posted online or on social media, must be free of charge and conducted solely through real estate organizations and agents.

The Agency committed to reworking the language of Article 27 to align it with the stipulations of Articles 11 and 12 of the Republic of Uzbekistan's "On Advertising" Law, in addition to considering the interests of real estate owners and complying with legislative techniques.

"This draft law will undergo revision, taking into account the suggestions and comments gathered during the public discussion. Subsequently, it will be forwarded to the Ministry of Justice of the Republic of Uzbekistan for legal examination. Upon receiving a positive evaluation from the Ministry of Justice, the draft law will be presented to the Cabinet of Ministers of the Republic of Uzbekistan for formal consideration," concluded the official statement from the Agency.

For your information, the discussion on the bill will remain open until December 29.