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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 15, 2011 No. 50

About approval of Provisional regulations for procedure for determination and registration of borders of the parcel of land in case of the apartment apartment house

(as amended of the Order of the Government of the Kyrgyz Republic of 02.06.2017 No. 340)

1. Approve the enclosed Provisional regulations for procedure for determination and registration of borders of the parcel of land in case of the apartment apartment house.

2. To the state agency of architecture and construction under the Government of the Kyrgyz Republic in accordance with the established procedure to develop and enact methodical instructions about procedure for determination and registration of borders of the parcel of land in case of the apartment apartment house.

4. This resolution becomes effective from the moment of official publication.

5. To impose control of execution of this resolution on department of transport, construction, communications and emergency situations of Government office of the Kyrgyz Republic.

 

Prime Minister

A. Atambayev

Approved by the Order of the Government of the Kyrgyz Republic of February 15, 2011 No. 50

Provisional regulations for procedure for determination and registration of borders of the parcel of land in case of the apartment apartment house

2. The provisional regulations for procedure for determination and registration of borders of the parcel of land in case of the apartment apartment house (further - Provisional regulations) are applied in case of determination and registration of borders of the house adjoining parcel of land of the apartment apartment houses built before enforcement of the Land code of the Kyrgyz Republic.

3. Delimitation, representation and registration of the parcel of land in common property to owners of the residential and non-residential premises of the apartment apartment house located in this house built after enforcement of the Land code of the Kyrgyz Republic is made in the procedure established by the legislation.

4. On again designed apartment apartment houses the area and borders of the house adjoining parcel of land are determined as a part of the project documentation on object which is coordinated in accordance with the established procedure.

5. Borders of the parcels of land in case of apartment apartment houses are determined according to the legislation of the Kyrgyz Republic and Provisional regulations.

6. The parcel of land is drawn up on separately taken apartment apartment house.

7. In case of the apartment apartment house do not join in borders of the parcel of land:

- roads, streets, drives - the main, sidewalks along streets, squares, parks, forest parks, boulevards, squares, reservoirs;

- the parcels of land used for passing of the high-level engineering networks in borders of their conservation zones;

- the parcels of land occupied with the engineering constructions servicing more than one apartment house;

- the parcels of land which earlier in accordance with the established procedure, according to regulatory legal acts, were provided to physical persons and legal entities;

- the parcels of land determined as sanitary protection zones from industrial enterprises and objects which harmful emissions pose threat for human health;

- parcels of land subject to natural hazards (to mudflows, flooding and others).

8. In case of impossibility of exception of the area of the parcel of land in case of the apartment apartment house of the corridors occupied by engineering communications the last join in the territory of the house adjoining parcel of land and are encumbered with servitudes.

9. The parcel of land in case of the one-storey apartment apartment house can be dividend. Allocation of part of the house adjoining parcel of land in independent unit is made in accordance with the established procedure in case of the consent of 75 percent of owners of the residential and non-residential premises located in this house.

10. Placement of any objects, including the facilitated type, on the parcel of land in case of the apartment apartment house is allowed in exceptional cases, is strict according to town-planning regulations, according to the relevant decision of general meeting of owners of residential and non-residential premises of the apartment apartment house and local government bodies.

11. Registration of the house adjoining parcel of land is performed based on the statement of owners of apartments and (or) non-residential premises in the apartment apartment house or persons authorized by them, and also at the initiative of local government body.

The protocol of general meeting of owners of apartments and (or) non-residential premises in the apartment apartment house about need of registration of the house adjoining parcel of land in common property is enclosed to the application.

The application with necessary documents is submitted to territorial authorities of the State agency of architecture and construction under the Government of the Kyrgyz Republic. Based on the arrived statement study the town-planning documentation (The Master plan, the draft of the detailed layout, the project of building) regulating use of the considered parcel of land in perspective development of the area, city and prepare the project of borders of the parcel of land in case of the apartment apartment house.

12. Projects of borders of the parcel of land in case of the apartment apartment house are developed by territorial authority of the State agency of architecture and construction under the Government of the Kyrgyz Republic by request of local government bodies or owners of rooms in the apartment house.

13. Registration of the house adjoining parcel of land is performed at the expense of own means of the applicant and initiators.

14. Determination of the normative sizes of the area of the parcel of land in case of the apartment apartment house is performed according to appendix to Provisional regulations.

15. In case of calculation of the sizes of the area of the house adjoining parcel of land:

- the number of apartments in the apartment house is accepted equal to the number of apartments provided by the original project according to which the construction of the apartment apartment house is performed (without the subsequent consolidation or separation of apartments, or reshaping under non-residential premises);

- the non-residential premises provided in the original project according to which the construction of the apartment house is performed are equated to the number of apartments which is calculated by formula:

Формула к Пост.прав. от 15.02.2011 №50

where,

To - the number of apartments to which there corresponds the non-residential premise;

П - the total area of non-residential premises provided in the original project according to which the construction of the apartment house is performed;

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