of November 4, 1995 No. 114
About privatization of housing stock of the Republic of Tajikistan
This Law establishes the basic principles of implementation of privatization of the state housing stock in the territory of the Republic of Tajikistan, determines legal, social and economic basis of transformation of the relations of property on housing.
The purpose of these transformations is creation of conditions for implementation of the rights of citizens at free choice of method of requirements satisfaction in housing, and also improvements of use and safety of housing stock.
Privatization of housing is performed by free transfer or sale to property of citizens on voluntary basis of the premises occupied by them in the state housing stock.
The citizens occupying premises in houses of the state housing stock according to the employment contract or leases, the living full age family members having the right with the consent of all jointly to acquire these rooms in property on the conditions provided by this Law, other regulations of the Republic of Tajikistan.
The citizens who became owners of premises own, use, dispose of it according to the current legislation and have the right to sell, grant, bequeath, lease, to make with them other transactions which are not contradicting the current legislation of the Republic of Tajikistan.
Use of privatization rooms of dwelling stock in other purposes is performed with the consent of all jointly the living full age members of the family and relevant organ of executive power at the local level.
Owners of the privatized premises in houses of the state housing stock are co-owners of the engineering equipment and places public.
The parcel of land on which apartment houses with constructions for maintaining personal subsidiary farm are placed, are transferred to the life inherited tenancy of citizens to whom passed in connection with privatization the property right to houses, according to the procedure and on the conditions established by the legislation. In other cases privatization of housing, ownership, use and the order of the parcel of land is performed according to the current legislation of the Republic of Tajikistan.
Privatizations the premises which are in critical condition, not answering to sanitary and hygienic and fire protection regulations in hostels, houses historical and cultural monuments, in houses of the closed military camps, and also office premises are not subject.
Local Majlises of People's Deputies of the labor collectives having the right to make taking into account opinion decisions on privatization of communal flats, housing stock of sovkhozes and other agricultural enterprises and to them equated.
Transfer, sale and registration to property of citizens of premises is performed by relevant organ of the executive authority (hukumat) on places, and on the housing stock which is in republican property - with the consent of governing body of state-owned property.
The property right to the acquired housing arises from the moment of decision making by chairmen of the Gorno-Badakhshan Autonomous Region, areas, the cities and areas.
The decision of question of privatization of housing shall be made according to petitions from citizens from the date of submission of documents in a month. In case of violation of the rights of the citizen in case of the solution of questions of privatization of housing he has the right to take a legal action.
For disabled people of the Great Patriotic War, Heroes of the Soviet Union and persons equated to them in accordance with the established procedure, disabled workers, and also disabled people since the childhood, veterans of war, families of the state obligations which died in case of execution, families with the income below the official established subsistence minimum, the housing conditions, and persons of some diseases suffering from severe forms determined in accordance with the established procedure needing improvement the procedure for provision of premises in houses of the state housing stock on terms of employment remains.
The legislation of the Republic of Tajikistan the right to premises according to the procedure, specified in part one of this Article, can be provided also to other categories of citizens.
For the citizens needing improvement of housing conditions the operating procedure for registration and providing with premises remains.
Each citizen has the right to acquisition in property free of charge, according to the procedure of privatization, premises in houses of the state housing stock once.
The size of the citizens of premises who are free of charge transferred to the possession constitutes to 18 sq.m of total area on one person and in addition 9 sq.m of total area - on family.
In case of privatization of the premises exceeding free of charge transferred size, citizens pay difference between total cost of the apartment (house) and cost of the transferred housing.
The size of the citizens of premises who are free of charge transferred to the possession can be increased to 20 sq.m of total area by family for category of the citizens specified in article 8 of this Law.
Assessment of the area which is free of charge transferred to the possession of citizens is made proceeding from the cost of one meter of total area of housing in the prices operating at the time of privatization in houses with the average level of consumer qualities for this Item.
The total cost of the apartment (house) transferred to the possession of citizens is calculated taking into account its area and consumer qualities the independent commissions created under executive bodies (hukumat) on places with obligatory inclusion in their list of People's Deputies, representatives of the trade-union organizations, labor collectives, financial bodies and banks, and also with participation of the citizens acquiring premises.
The procedure for cost determination of acquired living space is established by the Government of the Republic of Tajikistan.
Privatization of the premises occupied by citizens in the houses requiring capital repairs according to regulations of operation and repair of housing stock is performed, as a rule, after carrying out the house by the lessor of capital repairs. In case of the consent of citizens to not made repair by the lessor the corresponding compensation can be paid.
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