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HOUSING CODE OF TURKMENISTAN

of March 2, 2013

(as amended on 08-05-2022)

Section I. General provisions

Chapter 1. Basic provisions

Article 1. Main beginnings of the housing legislation of Turkmenistan

1. The housing legislation of Turkmenistan is aimed at providing conditions for implementation by citizens of Turkmenistan the right to support of the state in obtaining or acquisition of well-planned premises affirmed by the Constitution of Turkmenistan and in individual housing construction, at immunity of housing and inadmissibility of deprivation of the dwelling differently as on the bases established by the law on forming and market development of housing.

2. Citizens of Turkmenistan at discretion and in the interests freely perform the housing laws belonging to them, including dispose of them. When implementing by citizens of the housing laws and fulfillment of duties following from the housing relations violation of the rights, freedoms and legitimate interests of other citizens is not allowed.

3. Citizens of Turkmenistan can be limited in housing laws based on the law and only in that measure in what it is necessary for the purpose of protection of bases of the constitutional system, morality, health, the rights and legitimate interests of other persons, for needs of defense and safety of the state.

4. Citizens have right to liberty of the choice of housing for accommodation based on the property right, as the employer and on other bases, stipulated by the legislation Turkmenistan.

5. Restriction of the rights of citizens for liberty of choice of housing for accommodation is allowed only based on the legislation of Turkmenistan.

Article 2. The relations regulated by the housing legislation of Turkmenistan

1. The housing legislation of Turkmenistan governs the relations of physical persons and legal entities, public authorities, Gengesha on questions:

1) origins, implementation, change and termination of the housing relations;

2) accounting of housing stock;

3) ensuring use of premises, their safety and repair;

4) control of observance of housing laws of citizens and target use of premises.

2. The relations connected with construction of premises, their re-equipment and re-planning, operation of the serving equipment, providing with utilities are regulated by this Code and other regulatory legal acts of Turkmenistan.

3. Regulations of the housing legislation of Turkmenistan are applied also to the housing relations with participation of foreign citizens, persons without citizenship, foreign legal entities if other is not established by the legislation or the international treaty of Turkmenistan.

The housing legislation of Turkmenistan is applied to the housing relations with participation of the persons without citizenship who are constantly living in Turkmenistan.

Article 3. Housing legislation of Turkmenistan

1. The housing legislation of Turkmenistan is based on the Constitution of Turkmenistan and consists of of this Code and other regulatory legal acts of Turkmenistan adopted according to it.

2. The legislation of Turkmenistan on the earth, architecture, town planning and other legislation are applied in the part concerning regulation of the housing relations if these relations are not settled by the housing legislation of Turkmenistan.

3. The Cabinet of Ministers of Turkmenistan, local executive bodies and Gengesha adopt the regulatory legal acts governing the housing relations on the basis and in pursuance of of this Code.

4. If the international treaty of Turkmenistan establishes other rules than provided by this Code, then rules of the international treaty are applied.

Article 4. Operation of the housing legislation of Turkmenistan in time

1. Acts of the housing legislation of Turkmenistan have no retroactive force and are applied to the housing relations which arose after their introduction in action.

2. Operation of the act of the legislation of Turkmenistan can extend to the housing relations which arose before its introduction in action only in the cases which are directly provided by it.

3. In the housing relations which arose before enforcement of the act of the housing legislation of Turkmenistan it is applied to the housing laws and obligations which arose after its introduction in action.

4. The act of the housing legislation of Turkmenistan can be applied to the housing laws and obligations which arose before enforcement of this act if the specified rights and obligations arose owing to the contract signed before introduction of this act in action and if by this act it is directly determined that its action extends to the relations which arose from earlier signed contracts.

Article 5. Competence of the Cabinet of Ministers of Turkmenistan of regulation of the housing relations

Enters competence of the Cabinet of Ministers of Turkmenistan of regulation of the housing relations:

1) development and realization of state policy of operation and ensuring safety of housing stock;

2) development and ensuring accomplishment of the state program of complex development of housing system;

3) development and ensuring accomplishment of long-term programs of improvement of quality and development of public service of the population connected with housing;

4) development and ensuring accomplishment of long-term programs of construction of individual apartment houses of private property, creation of special land funds for individual housing construction;

5) creation of the state bodies which are organizing and carrying out free trade by housing for physical persons and legal entities irrespective of pattern of ownership;

6) establishment of requirements to premises and their content, and also method of operation and content of apartment houses, common property or places public in apartment apartment houses;

7) establishment of rules and procedure for use and improvement of the parcels of land adjacent to premises;

8) determination of the general beginnings of the organization of activities of state bodies housing;

9) establishment of single procedure for the state accounting of housing stock;

10) establishment of procedure for forming of specialized housing stock and provision of premises from it;

11) determination of procedure for the organization and activities of housing partnerships, legal status of their members, including procedure for receipt of premises from housing partnership;

12) establishment of conditions and procedure for reorganization, re-equipment and re-planning of premises, the bases and procedure for recognition their unsuitable for accommodation;

13) establishment of rules of accounting of the citizens needing improvement of housing conditions and also provisions to citizens of premises from the state dwelling stock according to employment contracts and procedure for their exchange;

14) establishment of the amount of payment of housing and utilities, procedure and terms of their payment, provision of privileges on payment of housing and utilities;

15) accomplishment of other powers established by the legislation of Turkmenistan.

Article 6. Competence of authorized state body of management of housing stock

Enters competence of authorized state body of management of housing stock:

1) realization of state policy of use and ensuring safety of premises, the state program on complex development of housing system and the long-term program of improvement of quality and development of public service of the population connected with housing;

2) development and submission to the Cabinet of Ministers of Turkmenistan of suggestions for improvement of the housing legislation of Turkmenistan;

3) rendering material and logistical assistance to the companies, organizations and organizations of housing and municipal services in the solution of tasks on ensuring proper maintenance of housing stock and its improvement;

4) implementation of activities for project development of apartment houses, to their construction, repair and reconstruction of premises;

5) the organization of smooth operation of the objects serving apartment houses;

6) conducting the state accounting of housing stock;

7) implementation of measures for technical inventory count of housing stock irrespective of pattern of ownership and departmental accessory;

8) participation in work on forming and enhancement in accordance with the established procedure service prices of the companies of housing and municipal services;

9) implementation within the powers of control of use and content of apartment houses, common property or places public in apartment apartment houses, and also behind observance of specifications, measurements and standard rates when designing residential buildings and constructions of housing stock irrespective of pattern of ownership;

10) support to local public self-government institutions when implementing work on operation and content of apartment houses;

11) implementation of foreign economic activity, and also scientific and technical and economic cooperation in the sphere of the housing relations;

12) accomplishment of other powers established by the legislation of Turkmenistan.

Article 7. Competence of local executive bodies and Gengesha in the field of the housing relations

And Gengesha in the field of the housing relations enters competence of local executive bodies:

1) hyakim of welayats and the cities with the welayat rights:

a) ensuring accomplishment of the state program on complex development of housing system and long-term programs of improvement of quality and development of public service of the population connected with housing;

b) ensuring accomplishment of long-term programs for construction of individual apartment houses in private property, effective use of the special land funds created for individual housing construction;

c) approval of development plans for housing stock;

d) control of observance of rules and procedure for use and improvement of the parcels of land adjacent to apartment houses;

e) control of accomplishment of rules of accounting of the citizens needing improvement of housing conditions, provisions to citizens of premises from the state dwelling stock and their exchange;

a) control of use and safety of premises, their compliance to requirements of the legislation of Turkmenistan;

f) implementation of other powers established by the legislation of Turkmenistan;

2) hyakim of etraps, the cities with the rights of the etrap, archyn:

a) management of subordinated housing stock, approval of plans of its development and control of their accomplishment;

b) control of condition and operation of the state departmental housing stock, of content of houses of the housing partnerships, apartment houses which are in private property;

c) accounting of persons having the right to premises from the state local housing stock;

d) distribution of subordinated housing stock and provision to citizens of premises from it;

e) control of accomplishment of rules of accounting of persons having the right to premises from the state housing stock and provision to citizens of premises in houses of the state departmental housing stock, and also in houses of housing partnerships;

f) implementation of other powers established by the legislation of Turkmenistan.

Article 8. Participation of bodies of local public self-government in the field of regulation of the housing relations

In the field of regulation of the housing relations bodies of local public self-government have the right on:

1) rendering assistance to residents in use of premises and ensuring their safety;

2) entering into relevant organs of offers on improvement of domestic conditions of residents;

3) implementation of public control over observance of rules of building, use and improvement of the parcels of land adjacent to apartment houses;

4) implementation according to the legislation of Turkmenistan of other rights connected with the housing relations.

Article 9. Permission of housing disputes

The disputes following from housing legal relationship are permitted judicially.

Article 10. Provision of housing for the citizens of Turkmenistan directed to work abroad

The citizens of Turkmenistan directed to work abroad are provided with housing in the place of stay according to the procedure and on the conditions determined by the Cabinet of Ministers of Turkmenistan.

Chapter 2. Objects of the housing relations. Housing stock

Article 11. Objects of the housing relations

1. Objects of the housing relations are premises.

2. Premises, being real estate, shall be suitable for permanent residence of citizens and answer the health, technical and other regulations and regulations established by regulatory legal acts of Turkmenistan.

3. Procedure for recognition of the room by premises, requirements imposed to premises, the place of its arrangement, and it is equal to the sizes and borders of this parcel of land, are established by this Code and other regulatory legal acts of Turkmenistan.

4. The premises can be acknowledged unsuitable for accommodation on the bases and according to the procedure which are established by this Code and other regulatory legal acts of Turkmenistan.

5. Total area of premises consists of the amount of floor area, intended directly for accommodation (living space) and the rooms of auxiliary use intended for satisfaction with citizens of the domestic and other needs connected with their accommodation in premises (usable space), and also the areas of other parts of premises. Balconies and other similar places do not enter the total area of premises.

Article 12. Types of premises

1. Premises treat:

1) apartment house, part of the apartment house;

2) apartment, part of the apartment;

3) room.

2. The apartment house – individually certain building which consists of one or more apartments, and also places public - in the apartment apartment house.

3. The apartment – structurally isolated premises in the apartment house consisting of one and more rooms and rooms of auxiliary use intended for satisfaction with citizens of the domestic and other needs connected with their accommodation in it and also providing possibility of direct access to places public in the apartment apartment house.

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