LAW OF THE REPUBLIC OF BELARUS

of July 16, 2008 No. 405-Z

About consumer protection of housing and communal services

Accepted by the House of Representatives on June 27, 2008

Approved by Council of the Republic on June 28, 2008

This Law is directed to determination of legal, organizational and economic basis of consumer protection of housing and communal services.

Chapter 1. General provisions

Article 1. Main terms and their determinations

1. For the purposes of this Law the following main terms and their determinations are used:

1.1. safety of housing-and-municipal service - lack of the unacceptable risk connected with possibility of damnification of life, to health and (or) property of the consumer of this housing-and-municipal service, and also the environment;

1.2. housing and communal services - services in maintenance and (or) recovery of proper sanitary and (or) technical condition of apartment houses, other capital structures (buildings, constructions), residential and (or) non-residential, auxiliary premises, on ensuring their comfort, favorable and safe conditions for accommodation of citizens, the including hot and cold water supply, water disposal (sewerage), gazo-, electro-, heat supply, supply with the liquefied hydrocarbonic gas from individual balloon or reservoir installations, the address with solid utility waste, maintenance, maintenance of the elevator, running repair, capital repairs, sanitary content of auxiliary rooms of the apartment house and other housing and communal services rendered according to agreements;

1.3. the contractor - the legal entity or the individual entrepreneur rendering to consumers housing and communal services;

1.4. quality of housing-and-municipal service - set of the properties and characteristics of housing-and-municipal service relating to its capability to satisfy the established and (or) estimated requirements of the consumer (functional suitability, reliability, safety of conditions of accommodation, etc.);

1.5. lack of housing-and-municipal service - discrepancy of housing-and-municipal service to the technical regulatory legal acts, obligatory for observance, establishing quality requirements of such service, to other acts of the legislation, terms of the contract;

1.6. the consumer - the physical person having intention to order either ordering housing and communal services or using housing and communal services only for the personal, family, house and other needs which are not connected with implementation of business activity;

1.7. the authorized person on management of common property of joint household (further – the authorized person) – the organization appointed by local executive and administrative organ for the purpose of management of common property of joint household, the organization of rendering and (or) rendering the main and additional housing and communal services based on the agreement to management of common property of joint household, except for services of water supply, water disposal (sewerage), gazo-, electric utility services and also for implementation of other functions determined by the legislation.

2. Other terms applied in this Law are used in the values determined by the Housing code of the Republic of Belarus.

Article 2. Legal regulation of the relations in the field of consumer protection of housing and communal services

1. The relations in the field of consumer protection of housing and communal services are based on the Constitution of the Republic of Belarus and are regulated by this Law and other acts of the legislation.

2. This Law extends the action to the relations between partnership of owners or the organization of builders (further - the organization of owners) and consumers if the organization of owners organizes rendering housing and communal services by the conclusion of agreements with contractors.

3. The consumer protection law is applied to the relations between the contractor and the consumer, between the authorized person and the consumer who is not settled by this Law.

4. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. State regulation and management in the field of consumer protection of housing and communal services

1. State regulation and management in the field of consumer protection of housing and communal services are performed by the President of the Republic of Belarus, Council of Ministers of the Republic of Belarus, other state bodies within their competence and include:

1.1. determination and realization of state policy in the field of consumer protection of housing and communal services;

1.2. establishment and ensuring compliance with the state minimum social standards in the field of housing-and-municipal servicing, requirements of the legislation concerning amounts and quality of housing and communal services;

1.3. state regulation of rates for separate housing and communal services;

1.4. assistance to development of the competition when rendering housing and communal services;

1.5. the state support of the population according to legal acts in case of payment of housing and communal services;

1.6. determination of procedure for rendering housing and communal services;

1.7. other measures provided by legal acts.

2. The president of the Republic of Belarus in the field of consumer protection of housing and communal services:

2.1. determines single state policy;

2.2. performs other powers according to the Constitution of the Republic of Belarus and other legal acts.

3. Council of Ministers of the Republic of Belarus in the field of consumer protection of housing and communal services:

3.1. determines the list of additional housing and communal services;

3.2. establishes the list of works on maintenance of locking intercoms of the apartment house and frequency of their accomplishment;

3.3. determines criteria of quality of housing and communal services;

3.4. establishes basic rights and obligations of authorized persons, procedure for financing of their expenses;

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