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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of January 27, 2009 No. 99

About measures for implementation of the Law of the Republic of Belarus "About consumer protection of housing and communal services"

(as amended on 27-02-2023)

According to the Law of the Republic of Belarus of July 16, 2008 "About consumer protection of housing and communal services" the Council of Ministers of the Republic of Belarus DECIDES: No. 405-Z

1. Approve:

The regulations on procedure for conducting independent check (examination) for quality of housing-and-municipal service (the fact of non-rendering of housing-and-municipal service) (are applied);

The regulations on procedure for recalculation of payment for the main housing and communal services in case of their non-rendering or rendering with shortcomings, and also recalculation of payment for utilities for the period of breaks in their rendering (are applied);

The regulations on procedure for the conclusion of contracts for capital repairs of the apartment apartment house (are applied);

The regulations on procedure for the conclusion of the service provision agreement on running repair of the apartment house (are applied);

the list of additional housing and communal services (is attached);

the standard agreement on rendering service in capital repairs of the apartment apartment house (is attached);

the standard agreement on rendering service in maintenance of the apartment house (is attached);

the standard agreement on rendering service of water supply and (or) water disposal (sewerage) (is attached);

the standard agreement on rendering service of water supply from water folding column (is attached);

the standard agreement on rendering service in the address with solid municipal waste (is attached);

the standard agreement on rendering service in running repair of the apartment house (is attached);

the standard agreement on rendering service in sanitary content of auxiliary rooms of the apartment house (is attached).

1-1. Establish:

the list of works on maintenance of locking intercoms of the apartment house and frequency of their accomplishment according to appendix 1;

the standard agreement on management of common property of joint household according to appendix 2;

the standard agreement on rendering service of electric utility service according to appendix 3;

the standard agreement on rendering services of heat supply (heating) and (or) hot water supply (water heating) in the single-family (blocked) apartment houses according to appendix 4;

the standard agreement on rendering service in maintenance of the elevator according to appendix 5.

1-2. Determine criteria of quality of housing and communal services according to appendix 6.

2. Make changes to the following resolutions of Council of Ministers of the Republic of Belarus:

2.1. ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 12.06.2014 No. 571 

2.2. ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 03.05.2014 No. 424

2.3. in Item 3 of the Regulations on procedure for recalculation of payment for some types of utilities and suspension (renewal) of the provision of utilities approved by the resolution of Council of Ministers of the Republic of Belarus of December 16, 2005 No. 1466 (The national register of legal acts of the Republic of Belarus, 2006, No. 2, 5/16964; 2007, No. 15, 5/24516) shall be replaced with words the words "sewerage, gas" "water disposal (sewerage), gas supply";

2.4. in the resolution of Council of Ministers of the Republic of Belarus of January 18, 2006 No. 54 "About approval of regulations on procedure for forming of planned estimated prices on housing and communal services and about procedure for bringing to the organizations of housing and communal services of the corresponding financial and economic indicators and control of their accomplishment" (The national register of legal acts of the Republic of Belarus, 2006, No. 18, 5/17125):

2.4.1. in Regulations on the procedure for forming of planned estimated prices on housing and communal services approved by this resolution:

in Item 1 of the word to "water supply, the sewerage, heat energy, export and neutralization of municipal solid waste, use of elevators" shall be replaced with words to "cold and hot water supply, heat supply, water disposal (sewerage), use of the elevator, export and neutralization of municipal solid waste";

in Item 8:

in paragraph three shall be replaced with words the word "sewerages" to "water disposal (sewerage)";

from the paragraph of the fifth the word to "collection" to exclude;

in paragraph six "elevators" to replace the word with the word "elevator";

2.4.2. ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 28.02.2017 No. 168

2.5. ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 19.03.2013 No. 193

2.6. ceased to be valid

3. To the Ministry of Housing and Public Utilities, other republican state bodies, regional executive committees, the Minsk Gorispolkom to bring the regulatory legal acts into accord with this resolution and to take other measures for its realization.

4. This resolution becomes effective in ten days after its official publication, except for Item 3 and this Item which are becoming effective from the date of adoption of this resolution.

Prime Minister of the Republic of Belarus

S. Sidorsky

Approved by the Resolution of Council of Ministers of the Republic of Belarus of January 27, 2009 No. 99

Regulations on procedure for conducting independent check (examination) for quality of housing-and-municipal service (fact of non-rendering of housing-and-municipal service)

1. This Provision determines procedure for conducting independent check (examination) for quality of housing-and-municipal service (the fact of non-rendering of housing-and-municipal service) (further – independent check (examination).

This Provision does not extend to the relations on conducting judicial examinations.

2. In this Provision terms and their determinations in the values established by the Law of the Republic of Belarus of July 16, 2008 "About consumer protection of housing and communal services" are used (The national register of legal acts of the Republic of Belarus, 2008, No. 175, 2/1502).

3. Independent inspection (examination) is carried out in case of refusal the contractor in satisfaction of consumer requirements.

Independent inspection (examination) can be carried out by the consumer at own expense according to Regulations on procedure for conducting examination of goods (results of the performed works, the rendered services), accuracy of the information about goods (works, services), the approved resolution of Council of Ministers of the Republic of Belarus of January 14, 2009 No. 26, and also the permanent commission created by local executive and administrative organ or the authorized person on management of common property of joint household (further, unless otherwise specified, - the commission).

Representatives of local executive and administrative organ or the authorized person on management of common property of joint household, and also other organizations, except for representatives of the contractor are part of the commission. The commission chairman is appointed during its creation. At least three members shall participate in work of the commission.

4. Are necessary for conducting independent check (examination) by the commission the written application of the consumer, partnership of owners or the organization of builders (further - the organizations of owners) constituted in any form, the copy of the claim act and motivated written refusal in satisfaction of consumer requirements with the contractor or the copy of the written address of the consumer with the assurance of receipt of the written address to the contractor or with mark of the contractor about receipt of this written address if such written address is not considered in the terms established by legal acts.

The statement shall contain:

surname, own name, middle name (if that is available) the consumer, the name of the organization of owners;

residence or stay of the consumer, location of the organization of owners;

the address and the purpose of conducting independent check (examination), the name of housing-and-municipal service on which conducting independent check (examination), the name of the contractor is necessary;

the personal signature of the consumer (if the written application is submitted by the organization of owners, - the signature of the head of the organization of owners or person, it replacing).

The consumer has the right to submit independently other documents important for implementation of independent check (examination).

5. Independent inspection (examination) is carried out within 5 working days. This term can be extended by the commission chairman in need of carrying out special researches (examinations, analyses), receipt of additional documents and (or) data, and also in case of failure to provide by the consumer timely access to premises (if necessary) with the simultaneous notification on it of the consumer.

Calculation of term of conducting independent check (examination) is made from the date of registration of the written application of the consumer if other is not established by legal acts.

6. The commission approves with the consumer date and time of conducting independent check (examination), time of access to the occupied premises.

If in accordance with the circumstances the consumer will not be able to provide access to premises to time approved with it, it notifies the commission by any available method. At the same time the commission shall approve repeatedly with the consumer and fix date and time of conducting independent check (examination).

7. When conducting independent check (examination) members of the commission shall conduct necessary researches (measurements, sampling, it is model, visual survey and others) housing-and-municipal service according to technical regulatory legal acts.

In case of need special researches (examinations, analyses) the commission has the right to attract other organizations, laboratories accredited on carrying out such researches with the consumer notification the registered mail.

8. By results of independent check (examination) by the commission the statement of independent check (examination) which effective period constitutes six months is drawn up.

Contents of the act of independent check (examination) shall be clear to persons which do not have special knowledge and not to allow various interpretation.

Each page of this act and appendices to it (in case of their availability) is signed by members of the commission who carried out independent inspection (examination).

The act of independent check (examination) and appendix to it (in case of their availability) are constituted in triplicate, one of which is stored in local executive and administrative organ, and two others go to the applicant and the contractor.

9. In the act of independent check (examination) are specified:

name, number, date of creation and venue of independent check (examination);

data on the commission which was carrying out independent inspection (examination) (the name and the location of local executive and administrative organ, surname, own name, middle name (if that is available) and position of members of the commission);

the name of the checked housing-and-municipal service;

condition and methods of research of the rendered service;

results of independent check (examination);

references to technical regulatory legal acts by which members of the commission were guided in case of permission of the questions posed;

references to appendices to the act of independent check (in case of their availability) and necessary explanations to them;

conclusions and offers.

10. The expenses on conducting independent check (examination) including connected with carrying out special researches (examinations, analyses) are paid by consumers in five-day time from the date of receipt of the relevant documents on payment.

In case of refusal of the consumer of payment of expenses or the expiration established in part one of this Item, independent inspection (examination) is not carried out.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of January 27, 2009 No. 99

Regulations on procedure for recalculation of payment for the main housing and communal services in case of their non-rendering or rendering with shortcomings, and also recalculation of payment for utilities for the period breaks in their rendering

1. This Provision determines procedure for recalculation of payment for the main housing and communal services in case of their non-rendering or rendering with shortcomings, and also recalculation of payment for utilities for the period of breaks in their rendering (further – recalculation of payment).

2. In this Provision terms are used in the values established by the Law of the Republic of Belarus of July 16, 2008 No. 405-Z "About consumer protection of housing and communal services".

3. Recalculation of payment in case of non-rendering of the main housing and communal services or rendering them with shortcomings is carried out on the basis:

claim act;

act of independent check (examination) or court decree;

the act of non-confirmation of amounts and quality of the executed main housing and communal services rendered on competitive basis (further - the act).

The statement is drawn up by the representative of local executive and administrative organ, the authorized person on management of common property of joint household (further - the authorized person), partnerships of owners or the organization of builders (further - the organizations of owners) in the form established by the Ministry of Housing and Public Utilities. The statement is drawn up in triplicate, signed by the representative of local executive and administrative organ, the authorized person, the organization of owners and the representative of the contractor. One copy of the act no later than the 6th following reporting goes to the organizations performing accounting, calculation and charge of payment for housing and communal services and payments for use of premises in apartment houses, including one-apartment with use of single all-republican information system on accounting, calculation and charge of payment for housing and communal services and payments for use of premises, the second copy of the act is handed to the contractor, third is stored in local executive and administrative organ, the authorized person, the organization of owners. If the organization of owners is the authorized organization performing accounting, calculation and charge of payment for housing and communal services and payments for use of premises, one copy of the act is transferred to the worker, the actionee of these functions.

Recalculation of payment in case of non-rendering of the main housing and communal services or rendering them with shortcomings twice for the same period is not made.

4. Recalculation of payment for the main housing and communal services (except as specified, established by this Provision) is made from the date of receipt to the contractor of the address of the consumer about non-rendering or rendering housing-and-municipal service with shortcomings.

5. Recalculation of service fee on maintenance of the apartment house, the address with solid municipal waste is made concerning all consumers of these services of the apartment apartment house in month in which these services are not rendered or rendered with shortcomings.

6. Recalculation of payment in case of non-rendering or rendering with shortcomings of services in maintenance of the elevator, to sanitary content of auxiliary rooms of the apartment house is made concerning consumers of these services living in the premises which are in entrance of the apartment apartment house at which the fact of non-rendering of services in maintenance of the elevator, to sanitary content of auxiliary rooms of the apartment house or their rendering with shortcomings is elicited.

7. If the contractor did not render the main housing-and-municipal service or rendered it with shortcomings in connection with actions (failure to act) of legal or physical person, the contractor has right to claim of compensation by the perpetrator of the amount of the executed recalculation of payment.

8. In case of non-rendering of services in hot and cold water supply, water disposal (sewerage), gazo-, electro-, to heat supply, the address with solid municipal waste, to maintenance of the elevator (further – utilities) or their rendering with the breaks exceeding 24 hours, recalculation of payment in the absence of group and (or) individual metering devices is made on the amount of cost of amount of not rendered utilities. The amount (quantity) of not rendered utility in case of lack of the metering device is calculated proceeding from the standard rate of the consumption of utility established by local executive and administrative organ, the number of consumers (for hot and cold water supply, water disposal (sewerage), electro-, gas supply, the address with solid municipal waste, maintenance of the elevator) or total area of premises (for heat supply (heating), and also utility non-rendering duration.

8-1. Monthly in the month following after month of rendering services in maintenance of the apartment house, to maintenance of the elevator, the address with solid municipal waste, to sanitary content of auxiliary rooms of the apartment house recalculation on the amount unconfirmed local executive and administrative organs, authorized persons, the organizations of owners of amounts and qualities of such services is made.

The amount of recalculation of payment is determined by formula

П = NZ / About x Op,

where P - the amount of recalculation of service fee on maintenance of the apartment house, maintenance of the elevator, the address with solid municipal waste, to sanitary content of auxiliary rooms of the apartment house, rubles;

NZ - the amount unconfirmed local executive and administrative organs, authorized persons, the organizations of owners of amounts and service qualities on maintenance of the apartment house, maintenance of the elevator, the address with solid municipal waste, to sanitary content of auxiliary rooms of the apartment house, rubles;

About - the operated total area of residential and non-residential premises of the apartment house (entrance), except for auxiliary rooms, or the number of consumers of services in the apartment house (entrance) concerning which recalculation of payment is made (depending on the procedure of payments of service fee established by the legislation on maintenance of the apartment house, maintenance of the elevator, the address with solid municipal waste, to sanitary content of auxiliary rooms of the apartment house);

Op - the operated total area of premises or the number of consumers of services in premises concerning which recalculation of payment is made (depending on the procedure of payments of service fee established by the legislation on maintenance of the apartment house, maintenance of the elevator, the address with solid municipal waste, to sanitary content of auxiliary rooms of the apartment house).

9. When rendering service in maintenance not in full recalculation of payment is made proceeding from type of outstanding works as a part of works on maintenance in month in which the address of the consumer about rendering this service not in full arrived.

The size of service fee on maintenance decreases proceeding from type of outstanding works as a part of works on maintenance of the apartment house on:

10 percent - works on content of structural elements of apartment houses;

25 percent - works on maintenance of intra house engineering systems, from them:

5 percent - heating;

5 percent - ventilation;

5 percent - are hotter also cold water supply, water disposal (sewerage);

5 percent - electric utility service;

5 percent - gas supply.

The size of the amount by which the service fee on maintenance decreases is determined by formula

                                            Rto = S x Tto x P / 100,

where Rto - the size of the amount by which the service fee on maintenance, rubles decreases;

S - total area of premises in proportion to which the service in maintenance, sq.m is provided;

They are the rates for service in maintenance established by the legislation, rubles;

П - the percent (total in case of several types of outstanding works) established in part two of this Item.

10. In case of non-rendering of service in sanitary content of auxiliary rooms of the apartment house recalculation is made on the amount of cost of amount of not rendered service in month in which the address of the consumer about non-rendering of this service arrived.

The size of the amount by which the service fee on sanitary content of auxiliary rooms of the apartment house decreases is determined by formula

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