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HOUSING CODE OF THE REPUBLIC OF TAJIKISTAN

of March 18, 2022 No. 1852

Accepted by the Resolution MH MOPT of February 9, 2022, No. 640

Approved by the Resolution MM MORT of March 15, 2022, No. 236

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. Right to housing

1. According to the Constitution of the Republic of Tajikistan everyone has the right to housing. This right is provided by construction of the state, public, cooperative and private housing. Any actions (failure to act) interfering implementation of the right to housing are forbidden.

2. Citizens perform the housing laws belonging to them voluntarily.

3. Citizens are free in realization of the housing laws owing to the agreement and others, stipulated by the legislation the Republic of Tajikistan, the bases.

4. During the implementing of the housing laws and obligation fulfillment following from the housing relations, citizens shall not violate the rights, freedoms and legitimate interests of other persons.

5. The state creates conditions for implementation of housing law by construction of housing, assistance to market development of housing, provision of housing to citizens in accordance with the established procedure, under the agreement of social hiring or employment contracts of premises of the state or municipal housing stock, protection of legitimate rights and interests of owners, other users of housing and consumers of utilities, control of accomplishment of the legislation on housing construction.

Article 2. Inviolability of home

1. The dwelling of person is inviolable. Invasion into the dwelling, except as specified, established by the law is not allowed.

2. Nobody can be evicted the dwelling or is deprived of right to use by the dwelling, except as specified, provided by this Code, other legal acts of the Republic of Tajikistan.

Article 3. Housing legislation of the Republic of Tajikistan

The housing legislation of the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan and consists of of this Code, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 4. Basic concepts

In this Code the following basic concepts are used:

1) premises - the real estate in the form of the apartment house or the apartment in the apartment house intended for permanent residence of citizens and answering to sanitary and hygienic, technical, ecological, architectural and town-planning, fire-proof rules and regulations and other requirements, stipulated by the legislation the Republic of Tajikistan;

2) the residential building - capital structure (the building, construction), half or more than a half of total area of which is made by living space;

3) the apartment house (further - the dwelling) - the individual and certain building consisting of rooms, and also rooms of auxiliary use intended for satisfaction of domestic and other needs of the citizens connected with their accommodation in this building;

4) the apartment house - the single complex of real estate consisting of two and more apartments in which separate parts (rooms) are intended for residential and other purposes and they are in property of physical persons and legal entities;

5) the apartment - the isolated premises in the apartment house providing possibility of direct access to rooms public in such house and consisting of one or several rooms, and also rooms of auxiliary use intended for satisfaction of domestic and other needs of the citizens connected with their accommodation in such isolated room;

6) the room - part of the apartment house or apartment, held for use as the place of direct accommodation of citizens in the apartment house or the apartment in the apartment house;

7) housing stock - the premises of all patterns of ownership which are in the territory of the Republic of Tajikistan;

8) total area of premises - the amount of the areas of all parts of premises, including floor area of auxiliary use intended for satisfaction of domestic and other needs of the citizens connected with their accommodation in premises;

9) technical data sheet of premises - the document containing technical and other information on premises with ensuring its compliance to the established requirements;

10) common property of the apartment house - the parts and objects of the apartment house which are not parts of residential and non-residential premises, intended for general use and servicing more than one room in this house and located on one general parcel of land including interroom landings, ladders, elevators, lift mines, corridors, technical floors, attics, technical cellars (cellars in which engineering networks, other equipment serving more than one rooms are located), and also roof and roof, other structures of this house, the mechanical, electric, sanitary, ventilating and other equipment located out of this house or in it, other objects intended for servicing, operation and improvement of this house;

11) social hiring - provision for accommodation under the agreement of social hiring of premises to the needing persons, according to the procedure, established by this Code;

12) the house adjoining territory - the parcel of land on which the elements of gardening and other objects intended for servicing, operation and improvement of this apartment house are located;

13) management company - the legal entity, irrespective of form of business (except for condominiums), performing according to the charter and (or) the relevant documents determining its legal status, management of apartment houses;

14) condominium - the non-profit organization uniting owners of residential and non-residential premises in the apartment house for management of common property and the house adjoining territory, ensuring operation and content of the specified property, ownership, use and in the order limits by common property set by the legislation of the Republic of Tajikistan;

15) housing cooperative - the voluntary consolidation of citizens and (or) legal entities created on the basis of membership for the purpose of satisfaction of the requirements or needs of other citizens for premises, and also managements of residential and non-residential premises in the apartment house.

Article 5. Housing relations and his participants

1. The housing legislation of the Republic of Tajikistan governs the following relations:

1) origin, implementation, change, termination of right of possession, use and order by premises of the state and private housing stocks;

2) use of common property in the apartment house;

3) reference of houses (rooms) to number of premises and their exception of housing stock;

4) accounting of housing stock;

5) operation and content of premises;

6) reorganization and (or) re-planning of premises;

7) management of apartment houses;

8) creation and activities of housing cooperatives, condominiums and their management companies;

9) provision of utilities;

10) introduction of payment for premises and utilities;

11) control of use and safety of housing stock, compliance of premises to the established health and technical regulations and regulations and other requirements of the legislation of the Republic of Tajikistan.

2. Participants of the housing relations are physical persons and legal entities, state bodies and self-government institutions of settlements and villages.

3. The housing relations which participants are foreign citizens and stateless persons are regulated according to the legislation of the Republic of Tajikistan if the international legal acts recognized by Tajikistan do not provide other.

Article 6. Application to the housing relations of the legislation of other spheres

Regulations of the relevant legislation taking into account provisions, by this Code are applied to the housing relations connected with repair, reorganization and re-planning of rooms in the apartment house, use of the engineering equipment, provision of utilities, introduction of payment for utilities.

Article 7. Analogy of the law and the right in the housing relations

1. In case of not settlement the housing legislation of the Republic of Tajikistan or the agreement of the parties of the housing relations, and in the absence of the regulations of civil, family and other legislation which are directly governing such relations in relation to them apply the regulations of the housing legislation governing the similar relations (analogy of the law).

2. In case of impossibility of use of analogy of the law, the right and obligation of participants of the housing relations are determined taking into account the general bases and contents of the housing legislation (analogy is right) and requirements of the principles of humanity, conscientiousness and justice.

3. Application by analogy of the regulations limiting the rights to housing and establishing responsibility is forbidden.

Chapter 2. Premises and housing stock

Article 8. Premises and its types

Premises treat:

1) apartment house, part of the apartment house;

2) the apartment in the apartment house, part of the apartment;

3) room.

Article 9. Appointment and use of premises

1. The premises are intended for accommodation of citizens.

2. Use of premises is performed with observance of the rights and legitimate interests of citizens, sanitary and hygienic, ecological, architectural and town-planning, fire-proof and other requirements, stipulated by the legislation the Republic of Tajikistan. Standard instructions for use premises affirm authorized state body as the housing sphere.

3. Use of premises or its part for implementation of professional activity or individual business activity by the citizens living in it, is allowed with the consent of the owner and residents of this room if it does not violate the rights and legitimate interests of other citizens, and also requirements to which the premises shall answer.

4. Placement in premises of industrial production is forbidden.

5. Placement in the apartment house of objects of public catering, consumer services and cultural and entertaining objects is allowed with the consent of general meeting of homeowners in this house, taking into account requirements of this Code and the town-planning legislation of the Republic of Tajikistan.

Article 10. Types of housing stock

1. The housing stock, depending on patterns of ownership, is subdivided on:

1) state housing stock;

2) private housing stock.

2. The state housing stock consists of republican, municipal housing stocks and housing stock of self-government institutions of settlements and villages.

3. The private housing stock consists of the premises which are in property of citizens or non-state legal entities or their associations.

4. The housing stock, depending on use purposes, is subdivided into the following types:

1) housing stock of social use;

2) specialized housing stock;

3) private (individual) housing stock;

4) housing stock of commercial use.

Article 11. State accounting of housing stock and state registration of premises

1. The state accounting of housing stock is performed by local executive bodies of the government, self-government institutions of settlements and villages according to the procedure, established by the Government of the Republic of Tajikistan.

2. The state accounting of housing stock includes carrying out technical accounting of housing stock, including technical inventory count and technical certification of premises.

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