RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of October 15, 2021 No. 648

About measures for use of the cellar of the apartment house

For the purpose of development of entrepreneurship in all regions of the republic, creation of opportunities for implementation of business activity by use of basement parts of apartment houses, and also further regulation of this process the DECIDES: Cabinet of Ministers

1. Approve Regulations on procedure for use of the cellar of the apartment house according to appendix No. 1, providing:

procedure for transfer to use and contents of the cellar of the apartment house (further - the cellar), the main requirements established when using;

the permitted and forbidden types of activity when using of the cellar, and also the rights and obligations of users of the cellar;

responsibility for non-compliance with procedure for use of the cellar and procedure for the dispute resolution.

2. Determine that:

use of the cellar is performed based on the consent of owners of rooms of the apartment house;

basements are provided only for implementation of the permitted types of activity when using of the cellar;

the organization of the type of activity permitted when using of the cellar is allowed based on the minimum requirements fire-proof and specifications;

the minimum amount of the rent paid for use of the cellar affirms Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent;

the rent paid for use of the cellar goes to expenses on content of common property of this apartment house.

3. To the ministry of housing-and-municipal servicing of the Republic of Uzbekistan, Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent to establish control of strict observance of procedure for use of the cellar of the apartment house.

4. Make changes and additions to some decisions of the Government of the Republic of Uzbekistan according to appendix No. 2.

5. To impose control of execution of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan Ramatov A. Zh. and minister of housing-and-municipal servicing Hidoyatov Sh. S.

Appendix No. 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of October 15, 2021 No. 648

Regulations on procedure for use of the cellar of the apartment house

Chapter 1. General provisions

1. This document according to the Housing code, the Town-planning code of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan "About management of apartment houses" determines procedure for use of the cellar of apartment houses.

2. The following basic concepts are hereunder used:

the apartment house - set of two and more apartments having independent exits or to the parcel of land adjacent to the apartment house or to rooms public in such house. The apartment house comprises elements of the common property belonging to owners of rooms on the right of equity property;

the cellar - the non-residential premise belonging to owners of rooms of the apartment house on the right of common property;

the user of the cellar - the physical persons and legal entities which received the cellar of the apartment house in lease based on the agreement or in free use;

the purpose of use of the cellar - the type of activity permitted for implementation by the user in the cellar of the apartment house;

governing body of the apartment house - the subject rendering services in content of apartment houses and their use (management company, the managing director, council of the house, condominium).

Chapter 2. Procedure for transfer of the cellar of the apartment house to use

3. Transfer of the cellar or its part to the user of the cellar is performed based on the decision of general meeting of owners of rooms of the apartment house.

4. For receipt of the cellar in use physical persons and legal entities address to governing body of the apartment house in writing.

5. The following documents and data are attached to the written address:

the copy of the certificate on state registration of the legal entity (for physical person - the document proving his identity);

the complete information about the type of activity planned to implementation, the purposes of use of the cellar, the required size of the area of the cellar.

In case of need works on repair and re-planning of the room for the purpose of adaptation of the cellar to type of activity and further increase in its convenience, information on it is provided.

6. The governing body of the apartment house which accepted the written address about lease of the cellar in time no later than three days notifies each owner on holding general meeting of owners of rooms for discussion of the matter by placement of the corresponding announcement at each entrance or deliveries of the announcement under list to owners or holding poll on general meeting, by means of the direction of the draft decision of general meeting it is at least, than in ten days prior to holding meeting.

In the announcement data on the place, date, time of holding meeting and the agenda of general meeting are reflected.

In the draft decision of the general meeting directed for decision making by means of holding poll on general meeting the information about the initiator of meeting, the place and the address where the decision, the term provided for vote which cannot be less than five days, and also other necessary information shall be directed is specified.

7. The decision on transfer to use of part of the cellar of the apartment house is made in case of presence on general meeting more than fifty percent of all owners of rooms or their representatives. The decision of general meeting is deemed accepted during the vote more than fifty percent of owners of the rooms or their representatives who are present at general meeting.

In case of decision making of general meeting by holding poll, the decision is deemed accepted on that question of the draft decision on which the corresponding number of votes (for is gained, against or refrained) by means of putting down of the signature (voices) on the original of the draft decision.

In case of lack of quorum or sufficient number of votes for decision making of general meeting, the question of transfer to use of the cellar of the apartment house deviates.

8. The minimum amount of the rent paid by the user of the cellar affirms Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent on accessory.

The rent paid for use of the cellar goes for content of common property of this apartment house in proportion to share of participants of equity property.

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