of August 28, 2012 No. 428-Z
It is accepted by the House of Representatives on May 31, 2012
Approved by Council of the Republic on June 22, 2012
1. Rent housing - the premises of the state housing stock provided to citizens on terms of the contract of hiring of rent housing.
2. Close relatives - the spouse (spouse), parents, adoptive parents (adopters), children including adopted (adopted) brothers and sisters, the grandfather, the grandma and grandsons.
3. The blocked apartment house - the apartment house consisting of two and more apartments or two and more apartments and auxiliary rooms each of which has entrance directly from the house adjoining territory.
4. The former family member - the citizen of the Republic of Belarus, and also the foreign citizen, the stateless person (further, if other is not established by this Code, - the citizen) which lost the status of the member of the family of the owner, employer of premises, the citizen who is organization member of builders, the leasing recipient of premises as a result of annulment of marriage, deprivation of the parent rights, termination of the written agreement about recognition by the family member or on other bases, stipulated by the legislation, and continuing to live in premises of the owner, employer of premises, the citizen who is organization member of builders, the leasing recipient of premises.
5. The auxiliary room - the room located in the blocked, apartment apartment house, the hostel outside residential and (or) non-residential premises, intended for ensuring operation of the apartment house (lobby, corridor, gallery, ladder marches and platforms, passes, emergency exits, lift halls and other rooms).
6. The admission fee - the cash amount granted by the citizen, including the individual entrepreneur, the legal entity in case of the accession to the organization of builders, partnership of owners (further if other is not established by this Code, - the organization of owners) and intended for covering of the expenses connected with organization activity of owners.
7. The state support for construction (reconstruction) or acquisition of premises - package of measures, directed to rendering to the citizens staying on the registry of the housing conditions needing improvement, supports of the state (soft credits, disposable subsidies for construction (reconstruction) or acquisition of premises, subsidies for payment of part of interest for using the credits issued by banks on construction (reconstruction) of premises, subsidies for repayment of principal debt on these credits and other types of the state support according to legal acts) in case of construction (reconstruction) or acquisition of premises, and also financial aid of the state in debt repayment on the soft credits obtained on the specified purposes.
8. The living room - the premises which are in the apartment or the apartment house, other capital structure (the building, construction).
9. Living space - the amount of the areas of half of living rooms.
10. 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 utilities, maintenance, maintenance of the elevator, running repair, capital repairs, sanitary content of auxiliary rooms and other housing and communal services provided according to agreements.
11. Housing cooperative - the organization of builders created for the construction of the apartment apartment house or several single-family, blocked apartment houses which are on the adjacent parcels of land, acquisitions of the capital structure which is not finished by construction (buildings, constructions) and (or) the capital structure (the building, construction) which is subject to capital repairs or reconstruction and completion of their construction (capital repairs, reconstruction), and also for subsequent their operation and management of them.
12. Housing cooperative - the organization of builders created for acquisition finished by construction or capitally repaired, the single-family, blocked apartment houses reconstructed the apartment apartment house or several which are on the adjacent parcels of land and also for subsequent their operation and management of them.
13. Housing stock - set of premises of the state and private housing stocks.
14. Premises - the room intended for accommodation of citizens heated having natural lighting and meeting sanitary standards and rules, hygienic standard rates, obligatory for observance, and other technical regulatory legal acts, obligatory for observance, containing requirements imposed to premises (further if other is not established by this Code, - the health and technical requirements established for accommodation).
15. Premises in the hostel - the premises or its part provided to citizens on terms of the contract of hiring of premises in the hostel.
16. Premises in temporary public housing - the special premises of the state housing stock provided to citizens on terms of the contract of hiring of special premises of the state housing stock and intended for temporary residence of the citizens evicted apartment houses in connection with capital repairs or reconstruction, employers of premises of private housing stock and members of their families in case of seizure of land for the state needs which is connected with demolition or other destruction of apartment houses which owners are not found as a result of the events held according to the legislation, and also for temporary residence of citizens whose premises became unsuitable for accommodation owing to the fires, emergency situations of natural and technogenic nature, fighting and acts of terrorism.
17. Premises of social use - the premises of standard consumer qualities of the state housing stock provided to citizens on terms of the contract of hiring of premises of social use of the state housing stock without collection of payment for use of premises.
18. Premises of standard consumer qualities - the premises which are arranged well in relation to conditions of the respective settlement.
19. The apartment house - capital structure (the building, construction), half or more than a half of total area of which constitutes the area of premises.
20. The isolated living room - the living room which is not connected with other living room general entrance.
21. The isolated premises - the premises located in the apartment house, other capital structure (the building, construction), separated other rooms of the apartment house, other capital structure (the building, construction) overlappings, walls, partitions and having entrance from the auxiliary room or are direct from the house adjoining territory.
22. Engineering systems - systems of heating, hot and cold water supply, water disposal (sewerage), gazo-, electric utility services, ventilation, the refuse chutes, elevators and other systems of the apartment house providing the health and technical requirements established for accommodation.
23. Capital repairs - the main housing-and-municipal service in recovery of the main physics and technology, esthetic and consumer qualities of the apartment house, other capital structure (the building, construction), their structural elements, engineering systems lost in use.
24. The apartment - the isolated premises consisting of one or several living rooms and utility rooms.
25. Utilities - also 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 municipal waste is hotter.
26. Structural elements - the bases, walls, inserted floors, roofs, windows, doors, furnaces, balconies and balcony barriers, loggias, blind areas around apartment houses, other capital structures (buildings, constructions) and other elements.
27. The apartment apartment house - the apartment house consisting of auxiliary rooms, and also two and more apartments each of which has entrance from the auxiliary room.
28. The non-residential premise - the room which is not intended for permanent residence of citizens.
29. The uninsulated living room - the living room connected with other living room general entrance.
30. Total area of premises - the amount of living space and the area of half of utility rooms, except the area of floor of balconies, loggias, terraces and not heated (cold) rooms.
31. Common property of joint household - the rooms located outside apartments and (or) non-residential premises and intended for servicing of two and more residential and (or) non-residential premises in the apartment apartment house, several single-family, blocked apartment houses and also roofs which are protecting bearing and not bearing design, the mechanical, electric, sanitary and other equipment serving two and more residential and (or) non-residential premises and being in or outside the apartment apartment house, the one-apartment, blocked apartment houses, other capital structures (buildings, constructions), group metering devices of consumption of water, heat and electrical energy, gas, and also the objects intended for servicing, operation and improvement of several single-family, blocked apartment houses, other capital structures (buildings, constructions) which are on the adjacent parcels of land or the apartment apartment house, other capital structures (buildings, constructions) located in the house adjoining territory leased or for servicing of apartment houses to the organizations of owners, the organizations having objects of housing stock in property, ownership or use.
32. The hostel - the apartment house (its part) which is specially built or re-equiped for accommodation of citizens for their work (service), study, passing of clinical internship, sports preparation and also in other cases established by legal acts.
33. Real estate units - apartment houses, apartments and non-residential premises in the blocked or apartment apartment houses, and also the capital structures (buildings, constructions) located in the house adjoining territory.
34. The single-family apartment house - the apartment house consisting of one apartment having entrance directly from the house adjoining territory.
35. The organization of builders - the consumer cooperative which is voluntary consolidation of the citizens or citizens and legal entities, created for construction (capital repairs, reconstruction), completion of construction (capital repairs, reconstruction) of the apartment apartment house or several single-family, blocked apartment houses which are on the adjacent parcels of land, other capital structures (buildings, constructions) either the acquisitions finished by construction or who are capitally repaired, the reconstructed apartment apartment house or several single-family, blocked apartment houses which are on the adjacent parcels of land and also for subsequent their operation and management of them.
36. The organization performing accounting, calculation and charge of payment for housing and communal services and payments for use of premises - the organization rendering housing and communal services and (or) performing functions of accounting, calculation and charge of payment for housing and communal services, payments for use of premises, expense recoveries of the organizations performing operation of housing stock and (or) providing housing and communal services on the electric power consumed on lighting of auxiliary rooms and operation of the equipment in apartment apartment houses (further if other is not established by this Code, - expense recovery for the electric power), and also functions on charge of non-cash housing subsidies and debt collection on payment for housing and communal services, payment for use of premises, expense recovery for the electric power.
37. The organization performing operation of housing stock and (or) providing housing and communal services - the organization performing operation of housing stock according to requirements of acts of the legislation, including technical regulatory legal acts, obligatory for observance, and (or) rendering housing and communal services, and (or) exercising control of common property of joint household.
38. Share - money, one-timely or periodically brought organizations of builders by her member on financing of construction (reconstruction, capital repairs) or acquisitions of the apartment house, other capital structure (the building, construction) (when financing construction (reconstruction, capital repairs) or acquisitions of the apartment house, other capital structure (the building, construction) the organization of builders).
39. Payenakopleniya - cash amount, the builders brought the organizations by her member on specific calendar month and year on financing of construction (reconstruction, capital repairs) or acquisitions of the apartment house, other capital structure (the building, construction) (when financing construction (reconstruction, capital repairs) or acquisitions of the apartment house, other capital structure (the building, construction) the organization of builders).
40. Re-planning - change of planning solutions of residential and (or) non-residential rooms in the course of accomplishment of repair construction works.
41. Reorganization - change of engineering systems (dismantle, installation, replacement or transfer of engineering networks, electric, sanitary or other equipment) in residential and (or) non-residential rooms and (or) structural elements in the course of accomplishment of repair construction works.
42. The written agreement about procedure for use of premises - the agreement signed between the owner, the employer of premises, the citizen who is the organization member of builders, the leasing recipient of premises and full age members who were the members of his family, other citizens having the right to use by premises establishing the mutual rights and obligations on ownership and use of premises.
43. The written agreement about recognition by the family member - the agreement between the owner, the employer of premises, the citizen who is organization member of builders, the leasing recipient of premises and its relative, the cousin-in-law, the disabled dependent or his legal representative about recognition of this relative, cousin-in-law, disabled dependent by the member of the family of the owner, the employer of premises, the citizen who is organization member of builders, the leasing recipient of premises.
44. The utility room - the room which is in the apartment, the single-family apartment house and intended for providing economic domestic needs of the citizens living in them (corridor, bathroom, the storage room, hall, kitchen, the hall, wardrobe, furnace, the built-in case, the room without windows and other room which is not the living room).
45. The room - the internal spatial part of capital structure (the building, construction) having certain functional purpose.
46. Provision of places for short-term accommodation - provision to the citizens of the Republic of Belarus, foreign citizens and persons without citizenship who are constantly living in the Republic of Belarus, the premises to other citizens for short-term accommodation on prisoners in calendar year to two and more employment contracts of premises of private housing stock belonging on the property right, effective period of each of which does not exceed fifteen days.
47. The house adjoining territory - the parcel of land provided for construction and (or) servicing of real estate to land users according to legal acts in the field of protection and use of lands.
48. Relatives are the close relatives, and also other citizens who are in family relation, having general ancestors to the great-grandfather and the great-grandmother inclusive.
49. Unauthorized reorganization and (or) re-planning - the reorganization and (or) re-planning made without coordination (permission) with the relevant local executive and administrative organ in cases when receipt of such coordination (permission) is provided by acts of the legislation.
50. Sanitary content of auxiliary rooms of the apartment house - the main housing-and-municipal service in sanitary processing (cleaning) of auxiliary rooms of the apartment house, their structural elements, engineering systems, including sink or other processing of surfaces of auxiliary rooms, including disinfection, disinsection, deratization, for reduction of these rooms in compliance with the established sanitary standards and rules, hygienic standard rates.
51. Cousins-in-laws are parents, adoptive parents (adopters), children including adopted (adopted), brothers and sisters, the grandfather, the grandma and grandsons of the spouse (spouse), and also the spouse (spouse) of children.
52. Joint household - legal relationship of owners of the real estate units which are in property of two and more owners.
53. Special premises - the premises of the state housing stock intended for permanent or temporary residence of separate categories of citizens in the presence at them the bases for accommodation in special premises.
54. Running repair - the main housing-and-municipal service in prevention of intensive depreciation, recovery of serviceability and elimination of damages of structural elements, engineering systems of the apartment house.
55. Maintenance - the main housing-and-municipal service including works on maintenance in serviceable and operating state of structural elements, engineering systems, except for elevators, to ensuring the set parameters and operating modes of engineering systems, except for elevators, preparation of apartment houses for conditions of the spring and summer and autumn and winter periods of year.
56. Maintenance of the elevator - the main housing-and-municipal service including works on maintenance of operability of the elevator in case of its operation.
57. Partnership of owners - the legal entity created by owners of the residential and (or) non-residential premises located in one apartment apartment house in one house adjoining territory or several single-family, the blocked apartment houses which are on the adjacent parcels of land for the purpose of preserving and content of common property of joint household, ownership and use of it and also in other purposes provided by this Code and the charter of partnership of owners.
58. Management of common property of joint household - service in implementation of activities for the purpose of ensuring operation of common property of joint household, realization by owners of rights to use by real estate units and common property of joint household.
59. Target fee - the money deposited by organization member of owners based on the decision of general meeting (meeting of representatives) of organization members of owners for additional financing of the works and actions connected with operation of common property of joint household and management of it.
60. The membership fee - the money which is periodically brought by organization member of owners on the purposes connected with organization activity of owners including on compensation of workers, remuneration of board members, members of audit committee.
61. Organization members of builders are citizens, including the individual entrepreneurs, legal entities who are independently performing financing of construction (reconstruction, capital repairs) or acquisitions of the apartment house, other capital structure (the building, construction) as a part of the organization of builders at the expense of own, borrowed funds or the shares listing to this organization on such purposes.
62. Members of the family of the citizen who is organization member of builders which apartment house is not finished by construction (which reconstruction of the apartment house is not complete), - the spouse (spouse), their children including adopted (adopted), parents, adoptive parents (adopters), other relatives, cousins-in-laws, disabled dependents, the former family members staying on the registry of the housing conditions needing improvement with the citizen who is organization member of builders which apartment house is not finished by construction (which reconstruction of the apartment house is not complete).
63. Members of the family of the owner, the employer of premises, the citizen who is organization member of builders, the leasing recipient of premises (further if other is not established by this Code, - family members) - the spouse (spouse), their children including adopted (adopted) parents, adoptive parents (adopters). Also the brothers and sisters, the grandfather, the grandma and the grandsons living together with the owner, the employer of premises, the citizen who is organization member of builders, the leasing recipient of premises and conducting with it general economy treat family members; other relatives, cousins-in-laws, disabled dependents who are living together with the owner, the employer of premises, the citizen who is organization member of builders, the leasing recipient of premises, conducting with it general economy and signed the written agreement about recognition by the family member; other citizens, at least five years living together with the owner, the employer of premises, the citizen who is organization member of builders, the leasing recipient of premises, conducting with it general economy and recognized judicially as members of his family.
64. Operation of housing stock - proper use of housing stock with systematic implementation of complex of organizational and technical actions for content, maintenance, maintenance of elevators, to running repair, capital repairs of apartment houses, other capital structures (buildings, constructions).
1. Action of this Code extends to the relations on:
to protection of the rights of citizens and the organizations in the field of the housing relations;
to providing citizens with premises;
to accounting of the citizens needing improvement of housing conditions;
to origin‚ implementation and termination of the property right and (or) ownership and use of premises;
to reorganization and (or) re-planning;
to payment for housing and communal services, payment for use of premises and expense recovery for the electric power;
to eviction from premises;
to management of housing stock, its distribution and operation;
to the state accounting of premises;
to creation and organization activity of owners;
to joint household.
2. The rules established by the housing legislation are applied to the housing relations with participation of foreign citizens and persons without citizenship (except as specified, provided by part two of this Item), foreign and international legal entities (the foreign and international organizations, not being legal entities), foreign states if other is not established by international treaties of the Republic of Belarus, this Code and other legal acts.
The rules established by the housing legislation regarding accounting of the citizens needing improvement of housing conditions, provisions by it of the state support for construction (reconstruction) or acquisition of premises are applied to the housing relations with participation of the foreign citizens and persons without citizenship who are constantly living in the territory of the Republic of Belarus.
3. The housing relations connected with provision of premises of the state housing stock are regulated by this Code taking into account the features established by regulatory legal acts of the President of the Republic of Belarus.
4. The housing relations in the territory of the Chinese-Belarusian industrial park "Great Stone" are governed by the housing legislation if other is not established by the legal acts regulating activities of the Chinese-Belarusian industrial park "Great Stone".
1. The housing legislation is based on the Constitution of the Republic of Belarus and consists of of this Code, regulatory legal acts of the President of the Republic of Belarus and other acts of the legislation.
2. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Code then are applied rules of the international treaty.
3. Tasks of the housing legislation are regulation of the housing relations for the purpose of providing the right of citizens of the Republic of Belarus to the dwelling, and also ensuring use and safety of housing stock affirmed by the Constitution of the Republic of Belarus.
4. The housing legislation is based on the principles:
ensuring safety and development of the state and private housing stocks;
assistance to citizens in acquisition of premises;
provisions of premises of the state housing stock first of all to the citizens needing social protection;
immunity of premises;
inadmissibility of any deprivation of premises;
judicial protection of housing laws of citizens and organizations.
The president of the Republic of Belarus in the field of the housing relations:
determines the main directions of housing policies of the Republic of Belarus;
makes decisions on provision of premises of the state housing stock in the cases provided by this Code and other legal acts;
makes decisions on transfer according to the procedure of exception to property of citizens of rent housing;
determines conditions and procedure for provision of premises of the state housing stock;
determines provision conditions to citizens of the state support for construction (reconstruction) or acquisition of premises, and also category of the citizens having the right to its obtaining;
determines other categories of citizens which are not provided by Chapters 16 and 17 of this Code, the premises of the state housing stock having the right, procedure and conditions of provision of such rooms and use of them;
establishes features of legal regulation;
performs other powers according to the Constitution of the Republic of Belarus, this Code and other legal acts.
Council of Ministers of the Republic of Belarus in the field of the housing relations:
develops and realizes the main directions of housing policies of the Republic of Belarus;
takes measures for providing housing laws of citizens and the organizations, protection of interests of the state;
performs the order the state housing stock in the limits determined by the President of the Republic of Belarus and this Code;
exercises general management of the state housing stock;
takes measures for ensuring development of the competitive (market) relations in the field of housing construction, operation of housing stock;
determines standard consumer qualities of premises;
approves instructions for use by premises, contents of residential and auxiliary rooms;
determines the list of works on reorganization and (or) re-planning, conditions and procedure for reorganization and (or) re-planning;
establishes procedure for reference of premises of the state housing stock to special premises, features and the bases of provision of special premises, ownerships and uses of them, basic rights and obligations of the Parties according to the employment contract of special premises of the state housing stock;
determines procedure for provision of rent housing in the part which is not settled by legal acts;
establishes procedure for provision to citizens of disposable subsidies for construction (reconstruction) or acquisition of premises, procedure for provision of financial aid of the state in debt repayment on soft credits, procedure for provision of subsidies for payment of part of interest for using the credits issued by banks on construction (reconstruction) of premises, subsidies for repayment of principal debt on these credits, procedure for provision of soft credits on construction (reconstruction) or acquisition of premises;
determines conditions and procedure for installation on roofs, facades of apartment apartment houses of individual antennas and other designs;
approves the list of the works performed in case of capital repairs of housing stock;
determines procedure for planning, carrying out and financing of capital repairs of housing stock;
approves Approximate regulations on the public commission on housing questions;
performs other powers according to the Constitution of the Republic of Belarus, this Code, other laws and acts of the President of the Republic of Belarus.
1. The Ministry of Housing and Public Utilities in the field of the housing relations within the competence according to the procedure, established by the legislation:
performs single state policy on accounting of the citizens needing improvement of housing conditions and provision to citizens of premises of the state housing stock;
establishes document forms, the citizens, necessary for accounting, needing improvement of housing conditions;
provides development of the competitive (market) relations in the field of operation of housing stock;
determines in coordination with the Ministry of Finance work types and procedure for compensation of actual costs on running repair of housing stock;
performs other powers according to this Code and other acts of the legislation.
2. Other republican state bodies perform state regulation in the field of the housing relations within the competence determined by the legislation.
Local councils of deputies in the field of the housing relations within the competence according to the procedure, established by the legislation:
establish procedure for management and the order of municipal housing stock in the limits determined by legal acts;
approve the regional complexes of actions providing implementation of state programs (local councils of deputies of primary territorial level - actions plans) concerning housing construction and improvement of the corresponding territory;
cancel the orders of the chairman of local council of deputies, the chairman of the relevant executive committee, decision of the relevant executive committee, subordinate local council of deputies and the order of its chairman accepted by them on housing questions which are not corresponding to the legislation;
perform other powers according to this Code and other acts of the legislation.
Regional, Minsk city executive committees in the field of the housing relations within the competence according to the procedure, established by the legislation:
provide complex development of housing stock;
dispose according to the legislation of municipal housing stock, exercise control of it;
provide conditions for development of the competitive (market) relations in the field of housing construction, operation of housing stock;
exercise control of observance of the housing legislation, including of operation of housing stock, condition of accounting of the housing conditions needing improvement, reliability of the information on needs in improvement of housing conditions provided by citizens, establishment of priority of citizens on improvement of housing conditions, distribution of premises of the state housing stock;
exercise control of activities, including financial and economic, the organizations of builders, control of activities of partnerships of owners;
will organize construction of premises of social use;
perform other powers according to this Code and other acts of the legislation.
1. District, city, settlement, rural executive committees, local administrations of areas in the cities in the field of the housing relations within the competence according to the procedure, established by the legislation:
create conditions for construction of premises;
will organize construction of premises of social use;
provide to citizens premises of the state housing stock;
provide target use and operation of premises of municipal housing stock, and also the premises accepted on servicing on contractual basis;
record the housing conditions needing improvement;
perform registration and accounting of employment contracts of premises, supplementary agreements to them, written agreements about recognition by the family member and about procedure for use of premises, supplementary agreements to them;
make decisions on the demolition of the empty apartment houses recognized according to the procedure, established by the President of the Republic of Belarus, ownerless and transferred to the municipal possession, and also shabby apartment houses;
provide to citizens the state support for construction (reconstruction) or acquisition of premises according to legal acts;
perform other powers according to this Code and other acts of the legislation.
2. District, city executive committees, local administrations of areas in the cities in the field of the housing relations within the competence according to the procedure, established by the legislation, in addition to the powers specified in Item 1 of this Article also perform:
control of observance of the housing legislation, including of operation of housing stock, condition in state bodies, other organizations of accounting of the housing conditions needing improvement;
control of activities, including financial and economic, organizations of builders, control of activities of partnerships of owners.
1. The housing stock consists of the state and private housing stocks.
2. The state housing stock includes:
republican housing stock - the part of housing stock which is in republican property (property of the Republic of Belarus);
municipal housing stock - the part of housing stock which is in municipal property (property of administrative and territorial units).
3. The state housing stock includes the premises which are under economic authority or operational management of local executive and administrative organs, other state bodies, other state organizations including rent housing, premises of social use, premises in hostels both special premises, and other premises in the cases established by the President of the Republic of Belarus.
4. The private housing stock includes:
housing stock of citizens - the part of housing stock which is in property of citizens;
housing stock of the organizations of non-state pattern of ownership - the part of housing stock which is in property of the organizations of non-state pattern of ownership.
5. Premises are included the state or private housing stocks after their state registration according to the procedure, established by the legislation.
6. Premises are excluded from structure of the state or private housing stocks in case of the translation of premises in non-residential, destructions of premises and in other cases provided by legal acts.
7. Housing stock are not included: country and garden houses; guest lodges; rooms in sanatoria, dispensaries, rest houses, campings, hotels; the rooms intended for accommodation, but not finished by construction; portable objects (cars, tents and other objects); barracks; unauthorized constructions irrespective of the fact of their use for accommodation; premises of correctional facilities, arestny houses, places of detention; other similar rooms.
1. The main objective of the state accounting of premises is receipt of reliable data about the location, quantitative and high-quality structure, the characteristic, type of premises (premises of social use, premises in hostels, special premises, rent housing), about the level of improvement of premises (availability of systems of heating, hot and cold water supply, water disposal (sewerage), gazo-, electric utility services, ventilation, refuse chutes, elevators and other engineering systems), about cost, the owner or other legal owner of premises, the number of the citizens living in premises and also about change of these data.
2. Objects of the state accounting of premises are apartment houses, the isolated premises of the state and private housing stocks.
1. The state accounting of premises of the state and private housing stocks which are in the territory of the Republic of Belarus is performed on single system of accounting according to the legislation and includes technical accounting and maintaining the state statistics.
2. The state accounting of the premises of the state housing stock located in the territory of foreign states and intended for accommodation of workers:
diplomatic representations and consular establishments of the Republic of Belarus, it is performed by the Ministry of Foreign Affairs;
the organizations subordinated to Administration of the President of the Republic of Belarus it is performed by Administration of the President of the Republic of Belarus.
3. The basis of the state accounting of premises is constituted by the technical accounting which is carried out by implementation of state registration of premises of the state and private housing stocks and their technical inventory count.
4. State registration and technical inventory count of premises of the state housing stock are performed at the expense of means of local budgets, the state organizations, in economic maintaining or operational management of which there are these premises, and premises of private housing stock - at the expense of means of the organizations of non-state pattern of ownership or citizens in whose property there are these premises.
5. The procedure for carrying out technical accounting of premises of the state and private housing stocks is established by the legislation on state registration of real estate, the rights to it and transactions with it, procedure for maintaining the state statistics - the legislation on the state statistics.
The methodical management of technical accounting of premises of the state and private housing stocks is performed by specially authorized body of public administration in the field of state registration of real estate, the rights to it and transactions with it.
1. Control of republican housing stock is exercised of republican state bodies, other state organizations, subordinate (accountable) to the President of the Republic of Belarus or the Government of the Republic of Belarus and authorized by them if other is not established by the President of the Republic of Belarus.
2. Control of municipal housing stock is exercised of local executive and administrative organs within their competence.
3. Control of private housing stock is exercised directly of owners of premises, the organizations of builders, partnerships of owners or authorized persons for management of common property of joint household (further - the authorized person) in the cases provided by this Code and other legal acts.
4. For the solution of the questions connected with provision of housing and communal services, the organizations performing operation of housing stock and (or) providing housing and communal services, and also the organizations performing accounting, calculation and charge of payment for housing and communal services and payments for use of premises can be attracted by the organizations of owners in accordance with the established procedure.
1. The premises intend for accommodation of citizens.
2. Use of premises is not to destination allowed only after its translation in non-residential, except as specified, provided by parts of the second or fourth of this Item.
The premises can be the location of the legal entity in the cases and procedure determined by legal acts.
The premises can be used for craft activity, activities for rendering services in the sphere of agroecotourism, other activities in the cases provided by legal acts, according to this Code with observance of the health and technical requirements established for accommodation, nature protection requirements and instructions for use by premises, contents of residential and auxiliary rooms.
Use of not to destination blocked, single-family apartment houses or their part (including implementation of religious activities by the religious organizations) without transfer to non-residential can be performed in coordination with district, city executive committees, local administration of the area in the city with observance of the health and technical requirements established for accommodation, nature protection requirements and according to instructions for use premises, contents of residential and auxiliary rooms.
3. Content of animals in apartments of the apartment and blocked apartment houses, single-family apartment houses and in the house adjoining territories of single-family apartment houses as animals partners is performed according to the regulatory legal acts governing the relations in the field of the treatment of animals.
1. For the purpose of determination of safety, operational reliability, identification of defective sites of structural elements, engineering systems of the apartment apartment houses and their house adjoining territories blocked and single-family apartment houses of the state housing stock and their house adjoining territories, hostels technical inspections by the organizations performing operation of housing stock and (or) providing housing and communal services, own forces, and if necessary (are annually performed in case of detection of major and fatal defects) examinations by the specialized organization according to the procedure, stipulated by the legislation are conducted.
2. Inspection of condition of apartments in the apartment and blocked apartment houses and also blocked and single-family apartment houses of private housing stock, hostels for the purpose of determination of their compliance to the health and technical requirements established for accommodation is carried out by the organizations performing operation of housing stock and (or) providing housing and communal services for written applications of owners of premises, employers of premises of private housing stock if lessor is the organization, members of the organizations of builders, leasing recipients of premises, and inspection of condition of premises of the state housing stock - according to written applications of employers of premises of the state housing stock.
3. Based on inspection of condition of the apartment, blocked or one-apartment apartment houses and their house adjoining territories, the apartment in the apartment or blocked apartment houses, hostels for the purpose of determination of their discrepancy to the health and technical requirements established for accommodation the organization performing operation of housing stock and (or) providing housing and communal services draws up the statement of inspection of condition of the apartment, blocked or one-apartment apartment houses and their house adjoining territories, apartments in the apartment or blocked apartment houses, hostels which affirms the head of this organization.
In case of detection of discrepancy of the apartment, blocked or one-apartment apartment houses and their house adjoining territories, the apartment in the apartment or blocked apartment houses, hostels to the health and technical requirements established for accommodation the act of inspection of condition of the apartment, blocked or one-apartment apartment houses and their house adjoining territories, apartments in the apartment or blocked apartment houses, hostels and other materials of inspection go to district, city executive committees, local administration of the area in the city.
4. The procedure for inspection of condition of the apartment, blocked and single-family apartment houses and their house adjoining territories, apartments in the apartment and blocked apartment houses, hostels for the purpose of determination of their discrepancy to the health and technical requirements established for accommodation is determined by Council of Ministers of the Republic of Belarus.
1. District, city executive committees, local administration of the area in the city based on the provided in the case provided by part two of Item 3 of article 15 of this Code, the act of inspection of condition of the apartment, blocked or one-apartment apartment houses and their house adjoining territories, apartments in the apartment or blocked apartment houses, the hostel and other materials of inspection make in accordance with the established procedure decisions on recognition of the apartment, blocked or one-apartment apartment houses and their house adjoining territories, apartments in the apartment or blocked apartment houses, hostels not conforming to the health and technical requirements established for accommodation.
The apartment, blocked or single-family apartment houses and their house adjoining territories, apartments in the apartment or blocked apartment houses, the hostels recognized not conforming to the health and technical requirements established for accommodation are recovered by their owners for proper use, or the apartment, blocked or single-family apartment houses, apartments in the apartment or blocked apartment houses, hostels are transferred to non-residential, or apartment houses, hostels are subject to demolition according to the procedure, established by this Code and other acts of the legislation.
District, city executive committees, local administration of the area in the city within seven days report in writing about the made decision in the organization performing operation of housing stock and (or) providing housing and communal services, and for the apartment in the apartment or blocked apartment houses, to the single-family apartment house, the hostel of private housing stock - also to their owners.
The apartment, blocked or single-family apartment houses, apartments in the apartment or blocked apartment houses, hostels are not subject to the translation in non-residential (except as specified, stipulated in Item 2 Articles of 21 of this Code) if there is possibility of elimination of their discrepancy to the health and technical requirements established for accommodation that it is determined by decisions of district, city executive committees, local administration of the area in the city. Owners of the apartment, blocked or single-family apartment houses, apartments in the apartment or blocked apartment houses, hostels shall eliminate their discrepancy to the health and technical requirements established for accommodation.
2. The procedure for recognition of the apartment, blocked or one-apartment apartment houses and their house adjoining territories, apartments in the apartment or blocked apartment houses, hostels not conforming to the health and technical requirements established for accommodation and decision making about their recovery for proper use, or about the translation in non-residential, or about demolition unsuitable for accommodation of the apartment house, the hostel is determined by Council of Ministers of the Republic of Belarus.
3. Decisions of district, city executive committees, local administration of the area in the city about recognition of the apartment, blocked or one-apartment apartment houses and their house adjoining territories, apartments in the apartment or blocked apartment houses, hostels not conforming to the health and technical requirements established for accommodation and about their recovery for proper use, or about the translation in non-residential, or about demolition unsuitable for accommodation of the apartment house, the hostel can be appealed in higher body and (or) in court.
1. The reorganization and (or) re-planning are made by the owner of residential and (or) non-residential rooms of private housing stock, the employer of premises of the state housing stock, organization member of builders who initiate reorganization and (or) re-planning, after receipt of coordination (permission) of district, city executive committees, local administration of the area in the city.
2. For receipt of coordination (permission) of reorganization and (or) re-planning the citizen - the owner of residential and (or) non-residential rooms of private housing stock, the employer of premises of the state housing stock, the citizen who is organization member of builders (further together - the initiator of reorganization and (or) re-planning), the legal entity or the individual entrepreneur who initiate reorganization and (or) re-planning submit the application and submit documents according to the legislation on ministerial procedures to district, city executive committees, local administration of the area in the city in the location of the room.
3. In case of consideration of the application the initiator of reorganization and (or) re-planning, the legal entity or the individual entrepreneur who initiate reorganization and (or) re-planning in time approved with them shall provide access to residential and (or) non-residential rooms to employees of the organization performing operation of housing stock and (or) providing housing and communal services and to representatives of local executive and administrative organ. By results of survey of residential and (or) non-residential rooms the technical inspection report of residential and (or) non-residential rooms which is signed by the initiator of reorganization and (or) re-planning, the representative of the legal entity or the individual entrepreneur who initiate reorganization and (or) re-planning, and the authorized officer of the organization performing operation of housing stock and (or) providing housing and communal services is drawn up and affirms the representative of local executive and administrative organ.
4. Based on the documents submitted by the initiator of reorganization and (or) re-planning, the legal entity or the individual entrepreneur who initiate reorganization and (or) re-planning and technical inspection reports of residential and (or) non-residential rooms district, city executive committees, local administration of the area in the city no later than one month from the date of filing of application make decisions on coordination (permission) of reorganization and (or) re-planning or on refusal in coordination (permission) of reorganization and (or) re-planning with indication of motives of refusal and send them to the initiator of reorganization and (or) re-planning, the legal entity or the individual entrepreneur who initiate reorganization and (or) re-planning.
5. The refusal in coordination (permission) of reorganization and (or) re-planning can be appealed in higher body and (or) in court.
The bases for refusal in coordination (permission) of reorganization and (or) re-planning are:
representation by the initiator of reorganization and (or) re-planning, the legal entity or the individual entrepreneur who initiate reorganization and (or) re-planning, documents which contain false information;
prohibition of reorganization and (or) re-planning according to the legislation;
emergence of threat of collapse of structures of residential and (or) non-residential rooms as a result of their reorganization and (or) re-planning.
1. Citizens, including the individual entrepreneurs, legal entities who performed unauthorized reorganization and (or) re-planning shall receive coordination (permission) such reorganizations and (or) re-plannings according to the procedure, stipulated in Clause the 17th of this Code and other acts of the legislation.
2. In case of refusal district, city executive committees, local administration of the area in the city in coordination (permission) unauthorized reorganizations and (or) re-plannings residential and (or) non-residential rooms in time, established district, city by executive committees, local administration of the area in the city, are brought to former state by person which performed unauthorized reorganization and (or) re-planning, or at his expense according to the decision of district, city executive committees, local administration of the area in the city.
3. Citizens, including the individual entrepreneurs, legal entities who performed unauthorized reorganization and (or) re-planning bear responsibility according to legal acts.
Reconstruction of the apartment, blocked and single-family apartment houses is performed according to the procedure, established by Council of Ministers of the Republic of Belarus, with observance of requirements of technical regulatory legal acts, obligatory for observance.
1. The premises recognized according to the procedure, established by the legislation which is not established for accommodation to the relevant health and technical requirements in case of impossibility of elimination of such discrepancy can be translated in non-residential taking into account regulations of article 16 of this Code.
2. According to the decision of district, city executive committees, local administration of the area in the city the single-family apartment house or premises in such house, premises in the blocked apartment house, premises in the hostel, and also the premises located on the first floor of the apartment apartment house can be translated in non-residential with observance of rules of architectural, town-planning and construction activities, nature protection, sanitary and epidemiologic requirements, requirements of fire safety and other requirements of technical regulatory legal acts, obligatory for observance. Such decision is made district, city by executive committees, local administration of the area in the city no later than fifteen days from the date of filing of application by the owner, and in case of request of documents and (or) data at other state bodies, other organizations - no later than one month.
3. For decision making about transfer of premises to non-residential his owner represents to district, city executive committees, local administration of the area in the city documents according to the legislation on ministerial procedures.
4. In the decision on the transfer of premises to non-residential shall be specified:
owner of premises;
premises address;
type of the right to the parcel of land, its purpose taking into account transfer of premises to non-residential;
prohibition on placement in industrial productions, and also the objects specified in part one of Item 9 of this Article (except as specified transfer of single-family apartment houses to non-residential);
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