RESOLUTION OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

of August 4, 2022 No. PP-346

O additional measures for further enhancement of management system by apartment houses and financial improvement of management companies

In recent years in the country system work on enhancement of management system by apartment houses, support of governing bodies, content and repair of common property in apartment houses, and also specific delimitation of the parcels of land adjoining to them is carried out.

In particular, in 15 territories of the Republic of Karakalpakstan, areas and the city of Tashkent the project on fixing to management companies of the lands occupied with apartment houses, way of holding open tender is realized, results of the analysis showed improvement within this project of living conditions of the citizens living in 1227 apartment houses.

For the short period the accounts payable of management companies was reduced twice, about 500 workplaces are created, the salary of workers and the income of management companies increased twice.

Along with it in 311 of 772 condominiums performing activities in the republic the problem accounts payable is had, to more than 2500 citizens living in apartment houses, the corresponding services are not rendered or appear poor.

For the purpose of further enhancement of management system by apartment houses, and also ensuring rendering high-quality services to the population by management companies:

1. Agree with the offer of the Ministry of housing-and-municipal servicing, the Central bank, Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent on the state support of financial improvement of each condominium having problem accounts payable in case of acceptance by them till September 1, 2022 decisions of general meeting on change of method of management of condominium. At the same time:

all condominiums in the republic having problem bank loans can be liquidated in case of receipt of the conclusion of the relevant serving commercial bank;

to management of the apartment houses which are under control of the management of condominium liquidated or changed method, usually management company having high rating is attracted;

The ministry of housing-and-municipal servicing within six months performs activities monitoring, including quality of the rendered services, the attracted management company and applies the measures established by the legislation to the management companies which are not following rules of implementation of activities for management of apartment houses.

2. To provide to the Prosecutor General's Office, the Ministry of housing-and-municipal servicing, the Central bank, Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent:

complete bringing to data of homeowners of essence and content of measures of the state support of financial improvement of the condominiums having problem accounts payable and also to implementation together with homeowners of the organizational works necessary for implementation of actions determined by Item 1 of this resolution;

non-admission of intervention in activities of the governing bodies of apartment houses which do not have problem accounts payable and being in stable financial and economic condition.

3. Determine that since November 1, 2022 governing bodies of apartment houses perform management activity only after inclusion in the electronic register.

4. Approve the Program of measures for enhancement of management system by apartment houses according to appendix No. 1.

5. Establish procedure according to which since November 1, 2022:

a) specifying in following documents of the list of premises, the places which are not intended for accommodation (non-residential premises) and common property (general rooms) in apartment houses, data on the area and borders of the parcel of land occupied with each apartment house and also the parcel of land of the territory adjacent to this house (their plans, objects placed in them including the car parks provided by the project, nurseries and sports grounds, vacation spots and walks, passes and other subjects to rendering services to the apartment house) is obligatory:

project documentation of works on construction (reconstruction) of the apartment house;

the cadastral passport of the apartment house accepted in operation, which is drawn up in accordance with the established procedure;

the permission to operate of the apartment house, installation and construction works (reconstruction) in which are complete;

b) in case of not specifying in above-mentioned documents of the above-established obligatory data by competent authorities are not issued respectively the conclusion according to the project documentation, the cadastral passport (in case of not specifying in the project documentation) and the permission to operate of the apartment house (in case of not specifying in the project documentation and the cadastral passport);

c) modification of the project documentation, the cadastral passport and the permission to operate of the apartment house for the purpose of reduction of common property or the adjacent parcel of land, construction on the adjacent parcel of land of the additional apartment house or object which is common property after issue of the permission to operate of the apartment house in which installation and construction works (reconstruction) are complete is forbidden.

6. Determine that:

state registration of the right to the parcel of land occupied with the apartment house, or adjoining to it the parcel of land and also on common property in the apartment house is made addressed to homeowners in the respective apartment house. At the same time the payments which are subject to implementation (including payment for execution of the cadastral passport) can be made by homeowners or governing body of the respective apartment house by installments within two years of equal shares;

the permission to operate of the apartment house is the basis for state registration of the rights to the parcel of land occupied with the apartment house, the parcel of land adjacent to this house, and also common property in the apartment house - addressed to homeowners, on the premises which are subject further realization and places, are not intended for accommodation (non-residential premises) - addressed to the customer;

the paragraph third this Item is applied also to the apartment houses accepted in operation in accordance with the established procedure before entry into force of this resolution.

7. To Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent together with the Ministry of construction and the Agency of the inventory till January 1, 2024 to make decisions on transfer of the parcels of land occupied with apartment houses, and also adjoining to them the parcels of land in the respective regions in general use (for non-commercial purposes) to homeowners in the respective apartment houses on the basis of the right of permanent use.

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