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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of September 4, 2019 No. 327

About increase in energy efficiency of apartment apartment houses

For the purpose of decrease in heatconsumption of apartment apartment houses and creation of conditions for participation of the citizens and legal entities in implementation of actions directed to effective and rational use of heat energy in apartment apartment houses (further - energy efficient actions):

1. Determine that:

1.1. the decision on holding energy efficient actions is made by general meeting of participants of joint household, copartners of owners, the organization of builders (further - general meeting).

The specified decision is deemed accepted if on general meeting owners of residential and (or) non-residential premises voted for its acceptance, the organization members of builders (further - owners) having more than two thirds of voices of their total quantity and is obligatory for execution by all owners.

Can act as initiators of holding general meeting concerning realization of energy efficient actions:

owners, the having at least than one quarter of voices of their total quantity;

local executive and administrative organ;

the authorized person on management of common property of joint household;

board of partnership of owners, organizations of builders.

The realization of energy efficient actions is enabled according to the decision of local executive and administrative organ accepted based on the decision of general meeting;

1.2. financing of realization of energy efficient actions is performed at the expense of money:

the premises arriving in local budgets from privatization being in municipal property;

provided in local budgets on capital repairs of housing stock, - no more than 10 percent from the established annual amount of these means;

being on the special accounts opened according to part one of subitem 1.4 of this Item;

other sources.

Financing of realization of energy efficient actions provides subsequent compensation by owners of costs (part of costs) for realization of energy efficient actions (further - costs) and before revenues to special accounts of money of owners is performed at the expense of the money specified in paragraphs the second, third and fifth to part one of this subitem.

The costs falling on the residential and non-residential premises which are in republican or municipal property are not compensated;

1.3. for realization of energy efficient actions owners conclude with the authorized person on management of common property of joint household or other state organization authorized by local executive and administrative organ (further - the authorized person), agreements on realization of energy efficient actions in the apartment apartment house (further - the agreement).

The standard form of the agreement affirms Council of Ministers of the Republic of Belarus.

The refusal of the conclusion of the agreement does not exempt owners from cost recovery.

Upon transition of the property right to residential and (or) non-residential premises (share in residential and (or) non-residential premises) obligations on cost recovery are fulfilled ahead of schedule or pass to the new owner from its consent.

The size of the costs falling on the owner is determined in proportion to share of total area of the residential and (or) non-residential premises belonging to it in total area of residential and (or) non-residential premises of the apartment apartment house.

Cost recovery is performed by owners:

non-residential premises - in complete size monthly equal shares within 3 years from signature date of the last acceptance act of the performed construction and other special installation works in case of realization of energy efficient actions;

premises - in the amount of, determined by Council of Ministers of the Republic of Belarus, but at least 50 percent from the size of the costs falling on owners, monthly equal shares within 10 years from signature date of the last acceptance act of the performed construction and other special installation works in case of realization of energy efficient actions. On needy and other socially vulnerable categories of citizens local executive and administrative organs can make decisions on establishment of other term of cost recovery, but no more than 15 years.

Criteria of reference of citizens to category of needy and other socially vulnerable groups, procedure for adoption by local executive and administrative organs of decisions on establishment for such categories of citizens of other term of cost recovery are determined by Council of Ministers of the Republic of Belarus.

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