LAW OF UKRAINE

of November 9, 2017 No. 2189-VIII

About housing and communal services

This Law governs the relations arising in the course of provision and consumption of housing and communal services.

Section I General provisions

Article 1. Determination of terms

1. In this Law the stated below terms are used in such value:

1) accident - damage, failure, refusal, impossibility of operation of the intra house systems, and also damage bearing, protecting is also not real - protecting buildings which entailed or can entail harm of life and to human health, damages of property, make impossible provision of housing and communal services to consumers;

2) the contractor of utility - the subject of managing providing utility to the consumer according to terms of the contract;

3) intra house systems of the apartment house, mechanical, electric, gas, sanitary and other equipment in the house which serves more than one residential and/or non-residential premise, including communications in consumer equipment, systems of autonomous heat supply, boiler rooms and elevator nodes, the equipment of fire safety, ventilating channels and channels for smoke removal, the equipment of elevators, the central switchboards of electric utility service from external surface of wall of the building to point of accession of the residential (non-residential) room (for gas supply systems - from the locking device on input to the house to locking devices inclusive before places of connection of gas devices, the gas-consuming equipment, thermal aggregates, etc.);

4) hot water - the water intended for satisfaction sanitary and hygienic and economic domestic needs of consumers which quality and temperature characteristics conform to normative requirements;

5) housing and communal services - result of the economic activity aimed at providing conditions of accommodation and/or stay of persons in residential and non-residential premises, houses and constructions, complexes of houses and constructions according to standard rates, regulations, standards, procedures and rules which is performed based on the relevant agreements on provision of housing and communal services;

6) the individual consumer - physical person or legal entity which is the owner (co-owner) of real estate, or with the consent of the owner person who uses the real estate unit and receives housing-and-municipal service for own needs and with which or on behalf of which the relevant agreement on provision of housing-and-municipal service is signed;

7) quantitative index of utilities - the quantity of units of measure of amount of the utility received by the consumer determined according to indications of metering station and/or requirements of standard rates, regulations, standards, procedures and rules according to the legislation;

8) the collective agreement about provision of utilities (further - the collective agreement) - the agreement on provision of utilities signed with the contractor of utilities according to the decision of co-owners (on the conditions determined in the decision of co-owners (consolidation of co-owners of the apartment house) also is obligatory for execution by all co-owners;

9) the collective consumer - the legal entity who unites consumers in the building and in their interests signs the agreement on utility provision;

10) regulations of consumption of utilities (further - consumption regulations) - quantitative indices of consumption of utilities which are used for calculations for the consumed utilities in cases, stipulated by the legislation;

11) payment for subscriber services - payment which the consumer pays the contractor of utility under the individual agreement on provision of utilities (further - the individual agreement) or under the individual agreement on servicing of intra house systems of provision of utilities (further - the individual agreement on servicing of intra house systems) (except delivery services and to distribution of natural gas and on supply and distribution of electrical energy) which includes the expenses of the contractor connected with the conclusion of the agreement on utility provision, implementation of distribution of amount of the consumed services between consumers, charge and collection of payment for the consumed utilities, servicing and replacement of nodes of commercial accounting of water and heat energy (in case of their availability in the building of the consumer), except the cases determined by this Law and also on accomplishment of other functions, the subscribers connected with servicing by the contractor under individual agreements (except servicing and running repair of intra house systems of heat supply, water supply, drainage system and supply of hot water);

12) service in management of the apartment house - result of the economic activity of subjects of managing aimed at providing conditions of accommodation and satisfaction of economic and household needs of residents of the house by content and repair of common property of the apartment house and its house adjoining territory in accordance with the terms of the agreement;

13) the consumer of housing and communal services (further - the consumer) - the individual or collective consumer;

14) the managing director of the apartment house (further - the managing director) - physical person - the entrepreneur or the legal entity - the subject of business activity which under the contract with co-owners provides proper maintenance and repair of common property of the apartment house and the house adjoining territory and proper conditions of accommodation and satisfaction of economic domestic needs.

2. Other terms in this Law are used in the values given in the Civil code of Ukraine and other laws of Ukraine.

Article 2. The relations regulated by this Law

1. Subject of regulation of this Law are the relations arising in the course of provision to consumers of services in management of the apartment house, deliveries of heat energy, supply of hot water, centralized water supply, centralized water disposal and management of household waste and also the relations arising in the course of rendering delivery services and to distribution of electrical energy and natural gas to consumers in apartment, farmstead, garden, country houses.

2. Are not subject of regulation of this Law of the relation, arising between joint owners, and also between co-owners and consolidation of co-owners of the apartment house when ensuring needs of co-owners by self-sufficiency according to article 22 of the Law of Ukraine "About consolidation of co-owners of the apartment house".

3. Regulations of this Law are applied taking into account the features established by the laws which govern the relations in spheres of supply and distribution of electrical energy and natural gas, supply of heat energy, centralized supply of hot water, centralized water supply and centralized water disposal, management of household waste.

Article 3. State policy in the sphere of housing and communal services

1. State policy in the sphere of housing and communal services is based on the following principles:

1) ensuring rational use of the available resources and sustainable development of settlements;

2) creation and maintenance of competitive environment in case of development and provision of housing and communal services, ensuring control in field of activity of natural monopolies;

3) ensuring functioning of the companies, organizations and organizations which develop are carried out and/or provide housing and communal services, on the terms of self-financing, achievement of level of economically reasonable expenses on production of such services;

4) regulation of prices/rates for housing and communal services in the cases determined by the law taking into account the reached level of social and economic development, natural features of the respective region and technical capabilities;

5) providing equal opportunities of access to receipt of the minimum regulations of housing and communal services for consumers irrespective of social, property condition, age of the consumer, residence and pattern of ownership of legal entities and so forth;

6) observance of the established standards, standard rates, regulations, procedures and rules concerning quantity and quality of housing and communal services.

Article 4. Powers of public authorities and local government bodies in the sphere of housing and communal services

1. Treat powers of the Cabinet of Ministers of Ukraine:

1) approval of rules of provision (delivery) of utilities (except delivery services and to distribution of natural gas and on delivery and distribution of electrical energy) and services in management of the apartment house;

2) approval of standard agreements about rendering (delivery) utilities (except delivery services and to distribution of natural gas and on delivery and distribution of electrical energy) and services in management of the apartment house;

3) limit establishment of rate of expenses on management of housing of citizens who according to the legislation have privileges and use subsidy for payment of housing and communal services;

4) approval of procedures for forming of rates for the utilities established by local government bodies;

5) limit establishment of rate of expenses on payment of utilities for citizens who according to the legislation have privileges and use subsidy for payment of housing and communal services;

6) determinations and limiting establishments of the amount of payment for subscriber services counting on one subscriber for the utilities provided to consumers under the individual agreement or under the individual agreement on servicing of intra house systems;

7) establishment of procedure for provision of privileges and housing subsidies to the population regarding ensuring provision of housing subsidies as cost portions of housing and communal services, including their payments in cash;

8) establishment of procedure for test of compliance quantity and quality of the provided utilities, quality of provision of services on management of the apartment house to the parameters provided by the agreement on provision of the corresponding services;

9) approval of procedure of recalculation of cost of utility and service in management of the apartment house for the period their failure to provide, provision not in full or inappropriate quality;

10) establishment of procedure of professional certification of managing directors as "the manager (managing) the apartment house (group of houses)" and criteria to which there shall correspond the companies, organizations, the organizations performing professional certification;

11) establishment of procedure of sampling and carrying out their research concerning services of centralized water supply, centralized supply of hot water and delivery services of natural gas;

12) approval of procedure for maintaining the electronic register of apartment houses;

13) approval of procedure for storage of technical and other documentation on apartment houses and their house adjoining territories;

14) approval of procedures for storage of copies by local government bodies of decisions (protocols) of general meetings of owners of apartment houses, placements on their official websites of information on the decisions made by such meetings;

2. Treat powers of the central executive body which provides forming and realizes state policy in the sphere of housing and communal services:

1) assistance to creation by contractors of utilities and managing directors of quality management systems of the corresponding services based on national or international standards;

2) the organization and accomplishment within powers of works on standardization, metrology and confirmation of conformity in the sphere of housing and communal services;

3) implementation of monitoring of condition of calculations for housing and communal services;

4) establishment of technique of distribution between consumers of amounts of the utilities consumed in the building (except delivery services and to distribution of natural gas and on delivery and distribution of electrical energy, and also service in management of household waste) in apartment houses and other buildings where there are two or more consumers;

5) establishment of procedure for servicing of intra house systems of heat supply, water supply, water disposal and supply of hot water;

6) establishment of procedure for disconnection of consumers from networks (systems) of centralized heating (heat supply) and supply of hot water;

7) establishment of procedure for informing consumers on intention of change of prices/rates for utilities (except delivery services and to distribution of natural gas and on delivery and distribution of electrical energy) with reasons for such need;

8) establishment of the obligatory list of services, costs for which are included in structure maintenance costs of the apartment house and the house adjoining territory;

9) establishment of procedure for content of common property of the apartment house and house adjoining territory;

10) maintaining the industry reporting in the sphere of housing and communal services.

3. Treat powers of local government bodies:

1) approval and accomplishment of local programs in the sphere of housing and communal services, participation in development and accomplishment of the state and regional programs;

2) establishment of prices/rates for utilities according to the law;

3) approval of regulations of consumption of utilities;

4) informing the population according to the legislation on condition of accomplishment of local programs in the sphere of housing and communal services, and also about compliance of quality of housing and communal services to standard rates, regulations, standards and rules;

5) implementation of monitoring of condition of accomplishment of local development programs of housing and communal services;

6) establishment of unit of measure of amount of the rendered services in management of household waste;

7) decision making about the beginning and the end of the heating period taking into account climatic conditions according to construction regulations and rules, rules of technical operation of thermal installations and networks, the state sanitary standards and rules and other regulating documents;

8) transfer of data in the electronic register of apartment houses;

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