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.

Owners have the right to fulfill obligations on cost recovery ahead of schedule.

Owners, out of time and (or) not in full the compensating costs, pay penalty fee in the amount of percent 0,3 from the cost amount which is not paid at the scheduled time for each day of delay.

The debt on cost recovery and penalty fee is collected in indisputable procedure based on executive text of the notary.

The cost amount which is subject to monthly compensation is considered when calculating non-cash housing subsidies.

The authorized person in writing informs the organization performing accounting, calculation and charge of payment for housing and communal services and payments for use of premises for accounting when calculating non-cash housing subsidies:

about owners - the physical persons obliged to compensate costs - no later than 3 working days from signature date of the last acceptance act of the performed construction and other special installation works. This information shall contain agreement number (in case of its availability), the premises address, surname, own name, middle name (if that is available) the owner, terms of the beginning and the end of cost recovery, the amount of monthly cost recovery;

about introduction of amendments to the agreement - no later than 3 working days from signature date of changes by the parties;

about early cost recovery by the owner - physical person - no later than 3 working days from the date of full recovery of costs;

1.4. the funds of owners transferred on account of cost recovery and also penalty fee for untimely and (or) not in full cost recovery are enlisted into the open (opened) regional executive committees and Minsk Gorispolkom special accounts in Belarusian rubles.

The means enlisted into special accounts have purpose and go for financing of energy efficient actions, return of means from sources, certain in paragraph five of part one of subitem 1.2 of this Item, the energy efficient actions attracted to realization on returnable basis, and also fee of bank, stipulated by the legislation.

Special accounts are opened according to the procedure, established by the legislation, way of the conclusion of the agreement of the special account determining the mode of its functioning.

The address of collection according to the executive and other documents which are the basis for cash write-off from accounts in indisputable procedure on the money placed on the special account is not made, arrest is not imposed the specified money, suspension of transactions on the special account is not performed.

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