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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 23-10-2019)

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:

1. Approve enclosed:

Regulations on procedure for conducting independent check (examination) for quality of housing and communal services (fact of non-rendering of housing and communal services);

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;

Regulations on procedure for the conclusion of contracts for capital repairs of the apartment apartment house;

List of additional housing and communal services;

list of the main housing and communal services;

the list of the housing and communal services rendered on competitive basis;

the standard agreement on rendering services in capital repairs of the apartment apartment house;

the standard agreement on rendering services in maintenance of the apartment house;

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

the standard agreement on rendering service of water supply from water folding column;

the standard agreement on rendering services in the address with solid municipal waste;

the standard agreement on rendering services in running repair of the apartment house;

the standard agreement on rendering services in sanitary content of auxiliary rooms of the apartment house;

the standard agreement on rendering services in maintenance of the elevator.

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 communal services (fact of non-rendering of housing and communal services)

1. This Provision determines procedure for conducting independent check (examination) for quality of housing and communal services (the fact of non-rendering of housing and communal services) (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 after quality check of housing-and-municipal service by the contractor.

Independent inspection (examination) is carried out by the permanent commission created by local executive and administrative organ (further - the commission) which part representatives of local executive and administrative organ, accredited test laboratories (centers), and also other organizations, except for representatives of the contractor are. 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) the written application of the consumer constituted in any form, the copy of the inspection statement of quality of housing-and-municipal service by the contractor.

The statement shall contain:

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

residence or stay of the consumer;

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;

personal signature of the consumer.

The consumer has the right to provide independently the copy of the inspection statement of quality of housing-and-municipal service by the contractor and if necessary 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 in local executive and administrative organ 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 provided 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.

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

Regulations on procedure for delimitation of the territory served by contractors

Voided according to the Resolution of Council of Ministers of the Republic of Belarus of 30.06.2016 No. 518

 

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).

Requirements imposed to quality of the main housing and communal services including the structure of works necessary for their high-quality (proper) rendering, are established by the Ministry of Housing and Public Utilities.

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".

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