Construction permits and approvals in Uzbekistan under the Law on Subsoil: what in-house counsel need to know

Uzbekistan's construction permitting regime has become materially more complex for foreign investors since the Law on Subsoil consolidated and restructured the regulatory framework governing land-use, underground resources, and the surface activities connected to them. For in-house counsel managing a foreign company's Uzbek operations or a new market-entry project, understanding where the standard construction permit process intersects with subsoil-use approvals is not a preliminary question — it is the threshold question. Failures at this intersection have delayed project timelines by months and, in some instances, triggered mandatory remediation or re-tendering obligations. This guide sets out the five-step approval sequence that in-house counsel should map before any ground is broken.

The following documentation and assessments should be in place before initiating any permit application. Missing items at submission typically result in a suspension rather than a rejection, but suspension carries its own timeline risk.

• Corporate registration documents for the Uzbek legal entity (or the foreign entity's registration as an accredited branch, as applicable)
• Confirmation of land allocation or lease entitlement from the relevant local authority (khokimiyat)
• Cadastral record showing the designated use category of the plot
• Preliminary geological survey or desktop screening report indicating whether the plot intersects any licensed or prospective subsoil area
• Draft project documentation (at concept stage, at minimum) that identifies the nature and depth of any proposed ground-works
• Evidence of environmental screening or, where required, a full environmental impact assessment
• Confirmation that the foreign investor's participation structure has been notified to the relevant registry — this is separately required under Uzbekistan's rules on foreign investment disclosure

Note: If the cadastral record or geological screening reveals any overlap with a subsoil licence area — whether active or reserved — the subsoil-coordination track becomes mandatory before the standard construction permit can be issued. Triggering this track after submission wastes the filing fee and restarts the clock.

The first and most frequently underestimated step is a dual-track classification check. Under Uzbekistan's land code and the Law on Subsoil, land plots are classified both by surface use (agricultural, industrial, urban development, special-purpose) and by subsoil status (open, licensed, reserved, restricted). These are independent registries maintained by different state bodies.

For a foreign investor, in-house counsel should confirm both classifications formally — not merely by inspecting the land allocation certificate. The subsoil registry is maintained by the State Committee on Geology and Mineral Resources (Goskomgeo), while surface land records sit with the State Committee on Land Resources, Geodesy, Cartography and State Cadastre. A plot can carry a clean surface classification while sitting above a licensed subsoil area. The Law on Subsoil gives subsoil-use rights a form of priority that can constrain surface development significantly.

Practical note: in Uzbekistan's construction practice, foreign investors have encountered situations where a land allocation certificate was issued by a khokimiyat without cross-referencing the subsoil registry. This is a process gap, not a legal authorisation. Counsel should not treat the allocation certificate as a subsoil-status clearance.

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The Law on Subsoil distinguishes between construction that incidentally affects the subsoil (shallow foundations, standard utility connections) and construction that constitutes subsoil use in the regulatory sense (deep excavation, underground structures, extraction of any mineral or groundwater, tunnelling). The distinction is consequential: the latter category requires a subsoil-use authorisation that is procedurally separate from, and must precede, the standard construction permit.

The competent authority for subsoil-use authorisations is Goskomgeo, operating under rules that set out the form of licence, the permissible scope of the authorisation, and the conditions attaching to it. Key points for in-house counsel:

• The application is separate from the construction permit application and goes to a different authority
• The subsoil-use licence specifies the permitted depth, the permitted activities, and any conditions on surface disturbance — these conditions flow directly into the technical parameters of your construction permit
• Where a foreign investor's project involves any extraction activity (even incidental dewatering of significant volume), additional coordination with the water resources authority may be required under the Law on Subsoil's water-use provisions
• The timeframe for subsoil-use authorisation processing is typically longer than for construction permits — initiating this track in parallel with, or ahead of, the construction design stage is the standard approach in practice

"The Law on Subsoil in Uzbekistan has effectively created a second permitting sequence that sits upstream of the standard construction approval — one that foreign investors, accustomed to a single-track regime, consistently discover later than advisable." — Nodira Yusupova, Contributing Regional Analyst — Uzbekistan, Vetrov & Partners

The State Inspectorate for Construction and Technical Supervision (Uzstroiinspeksiya) is the principal permitting body for construction permits in Uzbekistan. For projects of a scale or type that require a full state examination of project documentation (gosudarstvennaya ekspertiza), the examination must be completed before the permit is issued. This examination covers technical, environmental, and — where applicable — subsoil-coordination compliance.

The sequence for foreign investors in practice:

• Submit project documentation to the relevant design examination body for state examination
• Obtain the positive examination conclusion (zakluchenie)
• File the construction permit application with Uzstroiinspeksiya, attaching the examination conclusion, the land documents, and — where required — the subsoil-use authorisation from Step 2
• Uzstroiinspeksiya issues the permit with conditions, which may include monitoring obligations if the subsoil-use track was engaged

Note: The state examination (ekspertiza) is not a formality. For projects involving foreign capital above certain thresholds, or projects in sectors designated as strategic, an extended review process applies. In-house counsel should build a realistic timeline that reflects examination duration — not just permit-issuance duration. The two are counted separately.

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For projects in mining, energy, agri-industrial, or infrastructure sectors, the standard permitting sequence is supplemented by sector-specific regulatory overlays. The Law on Subsoil intersects most acutely with extractive-sector projects, but its reach extends to any project that materially affects the subsurface environment.

Environmental approval (ekologicheskaya ekspertiza) is required for a defined category of projects, assessed by the Ministry of Ecology. Where the project triggers both a subsoil-use authorisation and an environmental examination, the two processes are nominally parallel but practically interdependent — the environmental examination will review the subsoil-use conditions, and a material change in the subsoil authorisation after environmental approval may require re-examination.

For foreign investors, additional points under Uzbekistan's regulation foreign company framework:

• Foreign-owned entities may face enhanced disclosure obligations in environmentally sensitive areas
• Projects near protected natural areas, water-protection zones, or areas designated under Uzbekistan's ecological legislation require a separate environmental clearance that runs in parallel with, but does not substitute for, the standard environmental examination
• In practice, for cross-border projects coordinated from Russia or other CIS jurisdictions, the timeline for Uzbekistan environmental approvals has been among the most significant sources of project delay — early engagement with the Ministry of Ecology before formal application reduces this risk materially

A construction permit authorises construction. It does not authorise use. The commissioning stage — formally the acceptance and commissioning of a completed facility (priëmka v ekspluatatsiyu) — is a separate approval process in Uzbekistan, conducted by Uzstroiinspeksiya with potential involvement from Goskomgeo where the subsoil-use authorisation conditions require a completion verification.

Where a subsoil-use licence was required under Step 2, the licence conditions typically include:

• Monitoring obligations during the construction phase (vibration, groundwater levels, ground settlement)
• Notification obligations if the construction deviates from the approved technical parameters
• A completion inspection by Goskomgeo before the commissioning certificate is issued

For in-house counsel, the practical implication is that ongoing compliance with the subsoil-use licence runs in parallel with the construction phase and does not end at permit issuance. Appointing a responsible officer within the Uzbek entity to manage licence condition compliance — and documenting that compliance — reduces exposure to licence suspension at the commissioning stage.

Note: A commissioning certificate cannot be issued where there are outstanding non-compliance notices under the subsoil-use licence. In practice, this means that a compliance failure at any stage during construction can block the commissioning approval for the entire facility — regardless of construction quality. In-house counsel should ensure that subsoil-use licence conditions are tracked as live compliance obligations throughout the project, not as background documentation.

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Q: Does every construction project in Uzbekistan require a subsoil-use authorisation under the Law on Subsoil?

A: No. The Law on Subsoil applies a threshold test: construction that involves only shallow works and does not affect any licensed or regulated subsoil area typically proceeds under the standard construction permit without a separate subsoil authorisation. The obligation to obtain a subsoil-use authorisation arises where the project involves deep excavation, underground structures, the extraction of any mineral resource or significant groundwater volume, or is located on a plot that overlaps with a licensed or reserved subsoil area. In-house counsel should treat the preliminary classification check (Step 1) as the diagnostic that determines whether the subsoil track applies — not the construction permit application itself.

Q: How long does the full approval process typically take for a foreign investor's construction project in Uzbekistan?

A: Where the project is straightforward and the subsoil track does not apply, the combined land confirmation, state examination, and construction permit process typically runs between three and six months from the point of complete documentation. Where the subsoil-use authorisation track is engaged, total elapsed time from initial classification check to construction permit issuance commonly extends to nine to fourteen months, depending on the complexity of the subsoil conditions and the sector. Environmental examination adds a further variable. In practice, for cross-border Uzbekistan Russia projects coordinated from abroad, timeline slippage most commonly results from incomplete documentation at the state examination stage — a gap that early legal advice on documentation requirements avoids.

Q: Can a foreign company hold the construction permit and subsoil-use authorisation directly, or must a local Uzbek entity be the permit holder?

A: Under Uzbekistan's regulation framework for foreign companies, both the construction permit and the subsoil-use authorisation are typically issued to the Uzbek legal entity or accredited branch that holds the land rights for the project. A foreign parent company holding the land allocation directly would be unusual and, for most project types, not available as a structure. In-house counsel should confirm the entity structure before any permit application is filed, as the permit-holding entity must match the entity named in the land allocation documentation. Restructuring the holding entity after permit issuance is possible but administratively costly and time-consuming.

Vetrov & Partners is a Russian boutique law firm established in 2009, recognised by Pravo-300 for eight consecutive years and listed as a trusted adviser by the German Consulate General in Novosibirsk. The firm advises foreign companies on regulatory and market-entry matters across Russia and, in collaboration with qualified local counsel, across CIS and Central Asian jurisdictions including Uzbekistan. This briefing is produced by the firm's regional advisory practice, which coordinates legal guidance on Regulatory & Licensing matters for inbound investors. With over 1,000 matters handled since inception, the team provides direct partner involvement on every engagement and works with a network of verified local counsel in Uzbekistan for project-specific regulatory work. Foreign companies navigating construction and subsoil approvals in Uzbekistan are welcome to request a structured regulatory review.

Enquiries: info@vetrovpartners.com | WhatsApp / Telegram: +7 (983) 510-38-76 | t.me/vitvetcom

This publication is provided for informational purposes only and does not constitute legal advice under Russian or any other applicable law. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Vetrov & Partners is a Russian-qualified law firm. For matters governed by foreign law or requiring local admission in another jurisdiction, we collaborate with trusted counsel in the relevant jurisdiction. For advice regarding your particular situation, please contact info@vetrovpartners.com.

— Nodira Yusupova Contributing Regional Analyst — Uzbekistan, Vetrov & Partners vetrovpartners.com/contributions/