ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 17, 2024 No. 281

About approval of the Regulations on provision and payment of municipal and not utilities

Based on Items f) and h) parts (1) article 104 of the Law No. 187/2022 on condominium (The official monitor of the Republic of Moldova, 2022, Art. No. 238-244, 467), with subsequent changes, parts (12) article 42 of the Law No. 92/2014 on heat energy and promotion of cogeneration (The official monitor of the Republic of Moldova, 2014, Art. No. 178-184, 415), with subsequent changes, parts (2) article 29 of the Law No. 303/2013 on public service of water supply and the sewerage (The official monitor of the Republic of Moldova, 2013, Art. No. 60-65, 123), with subsequent changes, Item b) Article 7 and part (4) article 51 of the Law No. 75/2015 on housing (The official monitor of the Republic of Moldova, 2015, Art. No. 131-138, 249), with subsequent changes, Item b) parts (1) article 13 of the Law No. 1402/2002 on public services of municipal services (The official monitor of the Republic of Moldova, 2003, Art. No. 14-17, 49), with subsequent changes, DECIDES: the Government

1. Approve Regulations on provision and payment of municipal and not utilities it (is applied).

2. From the effective date this resolution to recognize invalid:

1) the Order of the Government No. 191/2002 about approval of the Regulations on procedure for provision and payment of housing, municipal and not utilities for housing stock, meter installation of consumption of water in apartments and conditions of their disconnection from systems of heating and water supply and connection to these systems (The official monitor of the Republic of Moldova, 2002, Art. No. 29-31, 263), with subsequent changes;

2) the Order of the Government No. 1224/1998 about approval of Provisional rules of operation of apartments, contents of apartment houses and the territories, adjacent to houses, in the Republic of Moldova (The official monitor of the Republic of Moldova, 1999, Art. No. 3-4, 28), with subsequent changes.

3. To impose control over the implementation of this resolution on the Ministry of infrastructure and regional development, except for regulations on payment and delivery/delivery to the final consumer of heat energy, electrical energy and natural gas who are assigned to the Department of Energy.

Approved by the Order of the Government of the Republic of Moldova of April 17, 2024 No. 281

Regulations on provision and payment of municipal and not utilities

I. General provisions

1. The regulations on provision and payment of municipal and not utilities (further – the Provision) establish rules of provision and payment of municipal and not utilities, managements of units, expense allocation method on difference covering between indications of the measuring equipment (counter) established on input of the apartment apartment house or its part and indications of the measuring equipment (counters) installed in units, and also obligation of the administrator of the association/managing director and owners of units.

Requirements of the Provision extend to structures with the status of the apartment apartment house, and also to the individual apartment houses connected to centralized system of heat supply.

The provision does not establish the rule of provision and payment of public services of electronic communications. The procedure for provision of public services of electronic communications is specified in provisions of the Law No. 241/2007 on electronic communications and in regulations of the National agency on regulation in the field of electronic communications and information technologies.

2. For the purpose of this provision the following concepts are used:

direct receipt of heat energy – the energy transmitted from internal distribution networks of heat energy and heating devices to internal rooms of the building;

indirect receipt of heat energy – the energy transmitted through internal barriers (walls, floor covering or ceiling) of units to places public (on staircase, in general corridor of hostels, to the cellar or on the technical floor);

settlement expense – the calculated expense of heat of the apartment house which is completely connected to collective system of heat supply determined on the basis of indications of the measuring equipment of heat energy;

maintenance – set of works on maintenance and repair of structural elements, internal systems of supply with heat energy, drinking water, natural gas, electrical energy, sewerages, sanitary cleaning of places public of condominium;

the supplier/service provider/operator of services – the business entity providing or distributing to consumers municipal and not utilities;

internal technical installations – the engineering networks and distributive systems located in the apartment apartment house or unit through which provision of municipal and not utilities, behind differentiation point is provided;

the place/room public (further – MOP) – the technical floor, staircase, the cellar and other utility rooms which are in general use of all residents of condominium;

urgent repair – urgent liquidation of the defects which arose in structural elements and/or internal engineering systems which not elimination can cause damage of other elements of the apartment apartment house or its complete damage, and also causing material damage to residents;

collective system of heat supply with distribution across – collective system of providing with heat energy of individual units, and also residential, non-residential premises and rooms public in apartment apartment houses, with distribution of the heat carrier across and separate equipment by counters at the level of each unit;

the heated area of unit – the area of living rooms, kitchens and the area of other utility rooms;

not heated room space – the area of unit and/or places public in which heat energy through walls, ceiling or floor covering separating them the heated areas indirectly arrives;

the adjacent site – the parcel of land of condominium used for proper servicing and operation of condominium, which is in property / management/use of condominium.

3. Services are provided to consumers on the basis of the agreements signed directly with the supplier/service provider/operator of services. Services which cannot be provided to the consumer individually for technical reasons are provided to condominium in full with the conclusion of the contract between the supplier / service provider/operator of services and the association/managing director (the mediated services), the association/managing director and the owner.

II. Types of the provided services

4. Enter category of utilities:

1) delivery of heat energy for heating of unit, places public in apartment apartment houses, and also for heating and/or preparation of hot water for economic needs, and/or chilling;

2) drinking water supply;

3) sewerage;

4) export of solid and liquid municipal waste;

5) maintenance of the elevator;

6) management of public and private housing stock;

7) sanitary cleaning and arrangement of the adjacent site.

5. Enter category of not utilities:

1) electrical supply;

2) supply of natural gas;

3) electronic communications;

4) prevention of the fires;

5) service of safety and protection;

6) service of the on-door speakerphone.

6. Electrical supply, giving of heat energy, drinking water supply, services of the sewerage, export of solid and liquid municipal waste are the minimum requirements to housing.

7. Owners can introduce payment for other services which are not included in this Provision according to provisions of the Law No. 187/2022 on condominium.

8. Development, approval and regulation of rates/prices is performed as follows:

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