of January 26, 1993 No. 463
About privatization of housing stock in the Azerbaijan Republic
Citizens of the Azerbaijan Republic, and also the stateless persons which signed the contract on hiring of premises with the owner of the state or public housing stock have the right to gratuitously transfer the premises (houses) occupied by them to personal property under the terms and according to the procedure, the established this Law.
This Law determines conditions and procedure for privatization of the state housing stock, and also basic provisions on privatization of public housing stock in the Azerbaijan Republic.
The basic principles of privatization of housing stock are:
complete voluntariness of privatization of premises, free of charge privatization of premises (houses);
providing the right of citizens to require transfer of the premises occupied by them to property under the terms and to the rules established by this Law;
publicity of privatization, state and public control over privatization.
Privatization of premises (houses) of the housing stock which is in state-owned property, and also in public property is performed based on addresses of citizens according to the procedure, the stipulated in Article 9 these Laws, by relevant organ of the executive authority.
Premises (houses) can be transferred with the consent of the full age members of his family specified in the agreement on hiring of premises by the time of the address for privatization and actually living together with the employer to property of one of them or to general (equity, joint) property of several or all family members.
In case of privatization uninsulated, with limited conditions of premises (houses) of the place public in these premises (houses) are provided in common property of owners.
Privatization of premises in hostels of educational institutions, in the houses which are in critical condition, in houses of the closed military camps, and also office premises is not allowed.
After transfer according to the decision of relevant organ of the executive authority of the hostels which are in state-owned property (except for hostels of educational institutions), on balance of relevant organs of the executive authority living spaces in these hostels can be privatized by the inhabitants who are only actually living there having with the owner of housing stock the agreement on hiring of housing.
It is forbidden after privatization of premises in the houses which are considered as monuments of architecture, history and culture to break architectural appearance of these houses, to cause damage to their cultural, historical value. In case of sale of these houses the state has the privilege to their acquisition.
It is possible to use the right of non-paid privatization of premises of the state or public housing stock only once.
Based on the address of the citizen wishing to privatize premises (house), the housing and operational organization issues the reference no later than five days (in No. form 2) about persons having the right to these premises (house) and its household condition.
If the warrant for living space is lost or became useless, then the archival reference is issued to the citizen based on its address by the relevant state body no later than ten days.
The citizen in relevant organ of the executive authority about privatization of the premises (house) occupied by him shall enclose to the application:
the statement jointly the persons living with the applicant having the right to premises (house) who reached 18-year age and also persons keeping the right to premises (house) in connection with temporary disposal about consent to privatize the specified premises (house);
the reference (in No. form 2) from the housing and operational organization about persons having the right to premises (house) and its household condition;
the order or the employment contract of the apartment, or the order about its provision on living space.
From the citizen who addressed concerning privatization of housing, other documents, except specified cannot be required.
The relevant organ of the executive authority from the date of receipt of the petition from the citizen wishing to privatize the premises (house) occupied by him performs in a month state registration of transfer of the specified premises (house) to private property of the citizen, draws up emergence of the property right the statement from the state real estate register, the citizen on premises (house) and issues this statement to the owner of premises, sends the notice to the corresponding local executive body, and also to body of Tax Service.
In case of submission of forgery documents by the citizen or in case of contest of the property right to the premises (house) occupied by him, the relevant organ of the executive authority refuses its privatization. In this case within 5 days to the applicant the notice on reasonable refusal in state registration of the property right to the apartment (house) of the citizen goes.
The local executive body after receipt of the notice of relevant organ of the executive authority on privatization of the respective premises (house) writes off it from balance.
For violation of procedure for privatization of premises and the rights of citizens established by this Law officials according to the procedure, established by the legislation of the Azerbaijan Republic, bear material, disciplinary, administrative and criminal liability.
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