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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of April 7, 2020 No. 121

About the housing relations

For the purpose of increase in efficiency of use of the state housing stock:

1. Determine that:

1.1. taking into account interests of the state, local conditions and cost efficiency * single-family apartment houses, apartments in the blocked apartment houses of the state housing stock can be transferred according to statements of employers of such premises to their possession in the presence of in total following conditions:

premises ** are provided to these citizens in ownership and use till April 1, 2014;

recognition of the one-apartment, blocked apartment houses and their house adjoining territories, apartments in the blocked apartment houses *** not conforming to the health and technical requirements established for accommodation.

Transfer into the ownership of premises is performed according to the decision of local executive and administrative organs (municipal housing stock), state bodies (organizations) specified in paragraph three of part one of subitem 1.3 of this Item (republican housing stock) for estimated value, but not above the market value determined according to the legislation on estimative activities.

At the same time transfer into the ownership of the premises of republican housing stock transferred to the organizations of non-state pattern of ownership for agreements of free use is performed from written consent of the state bodies and state organizations which signed such contracts.

Decisions on transfer into the ownership of premises can be made without execution of right certifying documents on them in case of observance of the requirements established in subitem 1.9 of Item 1 of the Presidential decree of the Republic of Belarus of June 13, 2018 No. 237 "About the order the state housing stock".

Essential conditions provide in purchase and sale agreements of premises:

obligation of buyers on repair (reconstruction) of premises taking into account their actual state (actual state of the apartment house) for use of such rooms on purpose or in other purposes according to the legislation;

work terms on repair (reconstruction) of premises and responsibility for non-execution of obligations.

In case of non-execution of agreement obligations of purchase and sale of premises such agreement can be terminated judicially;

______________________________

* Is confirmed by the master plans of settlements, financial and economic calculations, other documents (in case of their availability) determining feasibility of alienation of premises taking into account complex development of the territories.

** Except for the provided for the employment (office) relationships, special premises and also alienated according to presidential decrees of the Republic of Belarus of June 17, 2011 No. 253 "About single questions of purchase and sale of apartment houses (apartments) of agricultural organizations" and of July 20, 2018 No. 287 "About sale of apartment houses (apartments) in the rural zone".

*** Except for apartments in the blocked apartment houses in case of recognition of such houses not conforming to the health and technical requirements established for accommodation and unsuitable for accommodation.

1.2. in case of establishment according to legal acts of the amount of payment for use of rent housing the decreasing coefficients determined by regional executive committees, the Minsk Gorispolkom in coordination with the Ministry of Housing and Public Utilities are applied to premises:

included in fund of rent housing from among the populated premises of the state housing stock provided to the citizens living in these premises before their inclusion in structure of rent housing according to the legislation existing before entry into force of this Decree and also from among populated premises of the state housing stock in hostels according to subitem 1.5 of this Item;

to the provided citizens specified in paragraphs the second or seventh Item 1 of Article 111, Item 2 of article 127 of the Housing code of the Republic of Belarus and also in the cases established in part two of Item 7 of article 106 of the Housing code of the Republic of Belarus.

The amount of payment for use of rent housing in the form of the one-room apartments provided to the categories of citizens specified in paragraph four of Item 1 of article 111 of the Housing code of the Republic of Belarus on terms of the contract of hiring of the rent housing concluded for the employment (office) relationships is determined using decreasing coefficients irrespective of total area of these apartments and the number of the citizens registered in them at the place of residence or the place of stay;

1.3. the money received from transfer into the ownership of the premises specified in part one of subitem 1.1 of this Item and also from provision of rent housing in the amount of payment for use of such housing (further - money), is enlisted into special accounts:

regional executive committees, Minsk Gorispolkom;

state bodies and the state organizations, in economic maintaining or operational management of which there are premises of republican housing stock, the state bodies and state organizations which signed the agreement of free use by premises of republican housing stock, or persons authorized by them (further - state bodies, other organizations).

Features of functioning of special accounts and use of the money arriving into them are determined in appendix 1;

1.4. inclusion in accordance with the established procedure of rent housing of municipal housing stock in again built apartment apartment houses in structure of premises of social use is performed according to the statement of persons from among orphan children and children without parental support, without the term established in part one of Item 5 of article 113 of the Housing code of the Republic of Belarus;

1.5. change of purpose of the building of the hostel to the building of the apartment apartment house is performed at the initiative of local executive and administrative organ (municipal housing stock), state body, other organization (republican housing stock) on condition of compliance of the premises located in this hostel to requirements imposed to apartments.

In case of adoption by local executive and administrative organ of the decision on change of purpose of the building of the hostel to the building of the apartment apartment house the premises of the state housing stock located in this house including populated, are subject to inclusion in structure of rent housing according to the procedure, determined in part one of Item 1 of article 110 of the Housing code of the Republic of Belarus.

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