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Approved by the Law of the Azerbaijan Republic of June 30, 2009, No. 845-IIIG

HOUSING CODE OF THE AZERBAIJAN REPUBLIC

(as amended on 30-12-2021)

Section first. General part

Chapter I. Housing legislation

Article 1. Bases of the housing legislation

1.1. The housing legislation is based on creation by state bodies and municipalities of conditions for implementation of the right of citizens to the dwelling, on safety of the dwelling, its immunity, on inadmissibility of any deprivation of the right to housing, on need of free implementation of the rights (further - housing laws) following from the relations regulated by the housing legislation, and also to need of recognition of equality of participants regulated by the housing legislation of the relations (further - the housing relations) on ownership, use and the order of premises if other does not follow from of this Code, other law or content of the existing relations, on need of ensuring recovery of the violated housing laws, their judicial protection, on need of ensuring safety of housing stock and use of premises to destination.

1.2. The housing legislation of the Azerbaijan Republic consists of the Constitution of the Azerbaijan Republic, the Civil code of the Azerbaijan Republic, of this Code, other regulatory legal acts and international treaties in which the Azerbaijan Republic acts as the party.

1.3. Interstate agreements in which the Azerbaijan Republic acts as the party are directly applied to regulated this Code to the housing relations (except as specified when the requirement to adopt interstate regulatory legal act for its application follows from the international treaty). If the regulations established in the international treaty in which the Azerbaijan Republic acts as the party differ from the regulations provided by the housing legislation, then regulations of the international treaty are applied.

Article 2. Fundamentals of housing laws

2.1. Physical persons and legal entities perform the housing laws, including dispose of them at discretion and in the interests. Physical persons and legal entities are free in establishment and realization of the housing laws owing to the agreement and (or) other bases provided by the housing legislation. Physical persons and legal entities, performing the housing laws and fulfilling the duties following from the housing relations, shall not violate the rights, freedoms and legitimate interests of other persons.

2.2. Persons which are in the territory of the Azerbaijan Republic on legal causes have the right of the free choice of premises for accommodation as owners, employers or on other bases, stipulated by the legislation.

Article 3. Restriction of housing laws

3.1. Housing laws can be limited based on the law and only in that measure in what it is necessary for the purpose of protection of morality, health, the rights and freedoms of other persons, ensuring defense of the country and safety of the state.

3.2. Restriction of the right of citizens for liberty of choice of premises for accommodation is allowed only based on of this Code, other law.

Article 4. Providing conditions for implementation of the right to housing

4.0. State bodies and municipality within the competence create conditions for implementation of housing laws and for this purpose:

4.0.1. promote market development of the real estate in the housing sphere for the purpose of creation of necessary conditions for requirements satisfaction of citizens in the dwelling;

4.0.2. in accordance with the established procedure provide citizens with premises based on agreements of social hiring or employment contracts of premises of the state or municipal housing stock;

4.0.3. stimulate housing construction;

4.0.4. provide protection of the rights and legitimate interests of persons acquiring premises and using them on legal causes, consumers of utilities, and also the services concerning servicing of housing stock;

4.0.5. provide control of execution of the housing legislation, use and safety of housing stock, compliance of premises to the established sanitary and technical standards and rules, other requirements of the legislation;

4.0.6. provide control of observance of the requirements established by the legislation when implementing housing construction;

4.0.7. take measures for providing various social groups of the population, in particular young families soft mortgage loans.

Article 5. Providing right to inviolability of home

5.1. Everyone has the right to inviolability of home. Nobody has the right to get into the dwelling against the will of the faces except for established by the law of cases or the judgment living in the dwelling.

5.2. Penetration into the dwelling without the consent of persons living in it is allowed in cases and according to the procedure which are provided by the law, only for the purpose of rescuing of life of citizens and (or) their property, ensuring their personal security or public safety in case of emergencies, natural disasters, mass riots or other circumstances of extreme nature, and also for the purpose of detention of persons suspected of crime execution, suppression of facts of crime which making does not raise doubts, or establishment of circumstances of the committed crime or the event of accident.

5.3. Nobody can be evicted the dwelling or is limited in right to use by the room in which he lives, including in the right of receipt of utilities, differently as on the bases and according to the procedure, the provided this Code and other laws.

Article 6. Housing relations

6.0. The housing legislation governs the relations apropos:

6.0.1. origins, implementation, change or the termination of right of possession, use and the order by the premises entering the state and municipal housing stocks;

6.0.2. uses of the premises entering private housing stock;

6.0.3. uses of common property of owners of component of the residential building;

6.0.4. references of rooms to number of premises and their exceptions of housing stock;

6.0.5. accounting of housing stock;

6.0.6. contents of premises in proper condition and their repair;

6.0.7. reorganizations and re-plannings of premises;

6.0.8. managements of apartment buildings;

6.0.9. creation and activities of housing cooperatives, condominiums, rights and obligations of their members;

6.0.10. provisions of utilities;

6.0.11. establishments and introduction of payment for premises and utilities;

6.0.12. control of use and safety of housing stock, compliance of premises to the established sanitary and technical standards and rules, other requirements of the legislation.

Article 7. Participants of the housing relations

7.1. Subjects of the housing relations are the Azerbaijan Republic, Nakhchivan Autonomous Republic, municipalities, physical persons and legal entities. On behalf of the Azerbaijan Republic and Nakhchivan Autonomous Republic in the housing relations within the competence state bodies act. Municipalities act in the housing relations within the competence provided to them by the legal act establishing their status.

7.2. Provisions of this Code are applied also to the housing relations in which foreigners, stateless persons, legal entities of foreign countries participate if this Code and other law does not establish other.

Article 8. Bases of emergence of housing laws and obligations

8.0. Housing laws and obligations arise from the bases provided by this Code, other legal acts and also from actions of participants of the housing relations which though are not provided by such acts, but owing to general bases and sense of the housing legislation generate housing laws and obligations. In connection therewith the bases of emergence of housing laws and obligations are:

8.0.1. the agreements and other transactions, and also the agreements and other transactions though which are not provided by the law, but not contradicting it provided by the law;

8.0.2. acts of state bodies and municipalities which are provided by the housing legislation as the basis of emergence of housing laws and obligations;

8.0.3. the judgments establishing housing laws and obligations;

8.0.4. acquisition of premises with the property right to them on the bases allowed by the law;

8.0.5. membership in housing cooperative;

8.0.6. actions (failure to act) of participants of the housing relations or approach of events with which the law or other regulatory legal act connects emergence of housing laws and obligations.

Article 9. Protection of housing laws

9.1. Protection of housing laws is performed judicially in stipulated by the legislation cases and according to the procedure.

9.2. Protection of housing laws is performed by the following methods:

9.2.1. recognition of housing law;

9.2.2. recovery of the provision existing before violation of housing law and suppression of the actions violating this right or creating threat of its violation;

9.2.3. complete or partial suspension by court of force of the normative right acts of state body or municipality violating housing laws and contradicting this Code, other law, and also other regulatory legal acts adopted according to this Code and having big legal force, than regulatory legal acts of state body or municipality;

9.2.4. non-use by court of the normative right acts of state body or municipality violating housing laws and contradicting this Code, other law, and also other regulatory legal acts adopted according to this Code and having big legal force, than regulatory legal acts of state body or municipality;

9.2.5. termination of the housing relations or change of these relations;

9.2.6. the different ways provided by this Code and other legal acts.

Article 10. Obligations of the state in the field of the housing relations

10.0. In the field of the housing relations treat obligations of the state:

10.0.1. determination of procedure for the state accounting of housing stocks;

10.0.2. establishment of requirements to premises, their content in proper condition, to protection and content in proper condition common property in apartment buildings;

10.0.3. determination of the bases and procedure for recognition needy the citizens needing the premises provided under the agreement of social hiring;

10.0.4. determination of procedure for provision to needy citizens of the premises belonging to municipal housing stock under the agreement of social hiring;

10.0.5. determination of other categories of citizens for the purpose of provision of premises of the state housing stock by it;

10.0.6. determination of procedure for provision of premises of the state housing stock to citizens who need premises and which categories are established by the legislation;

10.0.7. determination of the bases of provision of premises according to employment contracts of the specialized premises belonging to the state and municipal housing stocks;

10.0.8. determination of procedure for the organization and activities of housing cooperatives, determination of legal status of members of such cooperatives, including procedure for provision of premises by it in housing cooperatives;

10.0.8-1.opredelyat procedure for management of the apartment building;

10.0.8-2. determine procedure of the state control over management of the apartment building;

10.0.9. determination of procedure for the organization and activities of condominiums, determination of legal status of members of condominiums;

10.0.10. determination of conditions and procedure for reorganization and re-planning of premises and coordination of such reorganization and re-planning;

10.0.11. determination of the bases and procedure for recognition of premises unsuitable for accommodation;

10.0.12. recognition in accordance with the established procedure premises of housing stock unsuitable for accommodation;

10.0.13. establishment of instructions for use by premises;

10.0.14. determination of the bases, procedure and conditions of eviction of citizens from premises;

10.0.15. legal regulation of separate types of transactions with premises;

10.0.16. establishment of structure of payment for premises and utilities, procedure of payments and introduction of such payment;

10.0.17. control of use and safety of the state housing stock, compliance of premises of this fund to the established sanitary and technical standards and rules, other requirements of the legislation;

10.0.18. acceptance in accordance with the established procedure decisions on the transfer of premises to non-residential premises and non-residential premises to premises;

10.0.19. other questions in the field of the housing relations which are not carried to competence of municipalities and owners of components of the residential building.

Article 11. Competence of municipalities in the housing relations

11.0. Are within the competence of municipalities in the housing relations:

11.0.1. accounting of municipal housing stock;

11.0.2. establishment of the size of the income falling on each family member, and property value who is in property of family members and taxable for the purpose of recognition of citizens needy and provisions by it under agreements of social hiring of premises of municipal housing stock;

11.0.3. accounting of the citizens needing the premises provided under agreements of social hiring;

11.0.4. determination of procedure for provision of premises of municipal specialized housing stock;

11.0.5. provision to needy citizens in accordance with the established procedure premises of municipal housing stock on the basis of agreements of social hiring;

11.0.6. recognition in accordance with the established procedure premises of municipal housing stock unsuitable for accommodation;

11.0.7. control of use and safety of municipal housing stock, compliance of premises of this fund to the established sanitary and technical standards and rules, other requirements of the legislation;

11.0.8. other questions in the field of the housing relations carried by this Code, other laws to competence of municipalities.

Chapter II. Objects of housing law. Housing stock

Article 12. Objects of housing law

12.1. Objects of housing laws are premises.

12.2. The premises are meant as the isolated room which according to the Civil code of the Azerbaijan Republic is considered real estate and is suitable for permanent residence of citizens (answering to the established sanitary and technical standards and rules, other requirements of the legislation (further - to requirements)).

12.3. Procedure for recognition of the room by premises and requirements to which it shall answer are established according to this Code and other legal acts.

12.4. The premises can be acknowledged unsuitable for accommodation on the bases and according to the procedure which are established by the law.

12.5. Total area of premises consists of the amount of the area of all parts of premises, including the area of the auxiliary rooms intended for satisfaction with citizens of the domestic and other needs connected with their accommodation in premises (except for balconies and verandahs).

Article 13. Types of premises

13.1. Premises treat:

13.1.1. apartment house, part of the apartment house;

13.1.2. apartment, part of the apartment;

13.1.3. room.

13.1.4. means of placement, stipulated in Article 13.5 of this Code.

13.2. The apartment house individual and certain building which consists of rooms, and also auxiliary rooms intended for satisfaction of the domestic and other needs connected with accommodation is recognized.

13.3. The apartment structurally isolated room providing possibility of direct access to rooms public of the apartment building and consisting of one or several rooms, and also auxiliary rooms intended for satisfaction of the domestic and other needs connected with accommodation is recognized.

13.4. The room the separate part of the apartment house or apartment intended for direct accommodation is recognized.

13.5. Hotels, objects of hotel type which list is established by relevant organ of the executive authority, and other construction objects provided for temporary residence are considered as means of placement.

Article 14. Purpose of premises and limits of its use

14.1. Basic purpose of premises is accommodation of people in this room.

14.2. Use of premises for implementation of professional activity or individual business activity by the physical persons living in premises on legal causes is allowed provided that it does not violate the rights and legitimate interests of other persons, and also the requirements established for premises.

14.3. Placement in premises of industrial productions is not allowed.

Article 15. Use of premises

Use of premises shall be performed with observance of the rights and legitimate interests of persons living in these premises, neighbors, requirements of fire safety, sanitary and hygienic, ecological and other requirements of the legislation.

Article 16. State registration of the rights to premises

The property right and other corporeal rights to premises are subject to state registration in cases and according to the procedure, provided by the Civil code of the Azerbaijan Republic and other legal acts.

Article 17. Housing stock

17.1. Housing stock - set of all premises which are in the territory of the Azerbaijan Republic.

17.2. Depending on pattern of ownership the housing stock is subdivided on:

17.2.1. private housing stock - set of the premises which are in property of physical persons and legal entities;

17.2.2. the state housing stock - set of the premises belonging on the property right to the Azerbaijan Republic;

17.2.3. municipal housing stock - set of the premises belonging on the property right to municipalities.

17.3. Depending on use purposes the state and municipal housing stocks are subdivided on:

17.3.1. housing stock of social use - set provided to citizens on the basis of agreements of social hiring of premises of the state and municipal housing stocks;

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