HOUSING CODE OF THE KYRGYZ REPUBLIC

of July 9, 2013 No. 117

Accepted by Jogorku Kenesh of the Kyrgyz Republic on May 30, 2013

Section I. General provisions

Chapter 1. Basic provisions. Housing legislation

Article 1. Main terms and determinations

Temporary residents are citizens to whom the owner of premises grants the right of urgent accommodation in premises without collection of payment from them in houses state and municipal housing funds;

the military camp - the complex of buildings and constructions located on one parcel of land and used for quartering of military unit (organization) and accommodation of the military personnel, workers and employees. Military camps are subdivided on closed and opened. The military camps of military units located in settlements having system of omissions, and also the certain isolated military camps of military units located out of settlements belong to the closed military camps;

living space of premises - the amount of the areas of living rooms in premises estimated in square meters;

premises - separate unit of housing stock (the individual apartment house; part of the individual apartment house; the apartment in the apartment house; communal flat; the room in the communal flat; the room in houses of specialized housing stock; the apartment house of portable housing stock), intended and used for permanent or temporary residence, answering to the established technical, health and other mandatory requirements established by the legislation of the Kyrgyz Republic;

premises office (office premises) - the premises in houses of the state or municipal housing stock which are under authority of the relevant state body or local government body and intended for settling of citizens who in connection with nature of their employment relationships, and also with passing of military or other service, shall live on place of employment or near it;

housing stock - set of premises in the territory of the Kyrgyz Republic, irrespective of pattern of ownership;

housing stock specialized (specialized housing stock) - set of the premises which are in the state-owned, municipal and private property, intended for separate categories of the citizens needing social support;

housing stock portable (portable housing stock) - set of the premises which are in state-owned property, intended for the citizens who lost the property right to the premises as a result of force majeure (spontaneous and military operations);

the individual apartment house - the individual and certain residential building built on the parcel of land provided for individual housing construction, used by his owners or users for accommodation;

individual housing stock - set of individual apartment houses;

capital repair - complex of the works performed for the purpose of elimination physical and obsolescence of building constructions and systems of the engineering equipment of the residential building, and also maintenance of its operational indicators and functional purpose;

the apartment in the apartment house - the premises in the apartment house consisting of one or several living rooms, and also the utility rooms (kitchen, toilet, bathroom and other rooms) intended for satisfaction with citizens of the needs connected with their accommodation;

the communal flat - the apartment in which rooms belong to several owners and auxiliary and utility rooms are common ownership of owners of rooms;

the room in the communal flat - premises in the communal flat, held for use as accommodation of citizens;

utilities - services which provide necessary comfort of premises in relation to conditions of the respective settlement which quality conforms to the established health and technical requirements;

the apartment house - the residential building having two and more apartments, and also auxiliary rooms of general use (the place public);

the communication equipment - technical means for the direction, switching or transmission of messages of telecommunication, including voice, sound, visual messages, data transmission and images, and also any elements of such messages;

common property of owners of residential and non-residential premises of the apartment house - the room, intra house networks and the engineering equipment, including the communication equipment serving more than one owner (entrances, lobbies, interroom staircases and platforms, ladders, air and lift shafts, extra room corridors, corridors, dryers, laundries, storage rooms, attic, technical floors, cellars, transitional locks, musorokamer, refuse chutes, roof (roof), building constructions of the building, other utility rooms, and also the house adjoining parcels of land;

total area of premises - the amount of the residential and non-residential areas of premises, except for balconies, loggias, verandahs and terraces;

total area of the apartment house - the amount of total areas of apartments, rooms public and non-residential premises;

reorganization of rooms - complex of installation and construction works on installation, replacement or transfer of engineering networks and the equipment (sanitary, electric and another), building constructions of the building or room as a result of which accomplishment the functional purpose of the room, its space-planning, architectural and constructive, including the engineering equipment, decisions, and also the plan of the room changes;

the right to sufficient premises - the right of citizens to the premises suitable for accommodation available guaranteed by the state to social infrastructure, available to acquisition, and also safety of the rights to its use;

house adjoining the parcel of land (the parcel of land in case of the apartment house) - the site including the territory adjacent to the house including green plantings, intra domestic irrigational networks (except for the main and giving channels) and networks of external lighting, economic, children's and sports grounds, platforms equipped for collection of municipal solid waste and other sites which borders are determined according to the procedure, established by the legislation of the Kyrgyz Republic;

running repair - the complex of works which is carried out for the purpose of recovery of serviceability (working capacity) of structures of the residential building and its systems, intra house networks and the engineering equipment, and also maintenance of operational indicators;

maintenance of the residential building - complex of the actions connected with process management of operation of buildings includes control of technical condition of the building by general and partial surveys, maintenance of working capacity and serviceability of its structural elements and engineering systems, their adjustment and regulation, preparation for seasonal operation of object in general, its elements and systems, providing sanitary and hygienic requirements to rooms and the adjacent territory;

technical certification - execution of technical data sheets of premises - the documents containing technical and other information on premises;

the servitude of premises - the right of partial use of premises and structures established by the law or provided by the agreement from the persons who are not their owners, but forced to resort to such use owing to objective circumstances, the right of limited joint use of property;

the specialized organization - the legal entity, irrespective of pattern of ownership, the performing maintenance of the residential building;

the supplying organization - the legal entity providing goods and utilities to owners of residential and non-residential premises on the basis of agreements;

building construction - the part of the residential building which is carrying out the bearing, protecting and (or) esthetic functions.

Article 2. Coverage of this Code

1. The housing legislation is based on the Constitution and consists of the Civil code, of this Code and other regulatory legal acts of the Kyrgyz Republic governing the housing relations including apropos:

1) origins, implementation, change, termination of right of possession, use, order by premises of the state and municipal housing stocks;

2) uses of premises of private housing stock;

3) uses of common property of owners of rooms;

4) references of rooms to number of premises and their exceptions of housing stock;

5) accounting of housing stock;

6) content and repair of premises;

7) reorganizations and re-plannings of premises;

8) management of apartment houses;

9) payment procedure of the delivered goods and utilities, as a result of use of premises;

10) control of use and safety of housing stock, compliance of premises to the established health and technical regulations and regulations, other requirements of the legislation;

11) implementation of the state housing supervision.

The regulations of housing law containing in other laws and other regulatory legal acts shall correspond to this Code.

In case of contradiction of the regulations of housing law containing in other laws and other regulatory legal acts, to regulations of this Code regulations of this Code are applied.

2. The relevant legislation according to the requirements established by this Code is applied to the housing relations connected with construction, repair and reorganization of premises, use of the engineering equipment, provision and payment of utilities.

3. If the international treaty which came in the procedure established by the law into force which participant is the Kyrgyz Republic establishes other rules, than those which are provided by the housing legislation are applied rules of the international treaty.

Article 3. Principles of the housing legislation

1. The housing legislation is based on the following principles:

1) safety of operation of housing stock;

2) observance and protection of the rights and legitimate interests of owners of premises;

3) effective use of housing stock;

4) target use of housing stock;

5) ensuring recovery of the violated housing laws;

6) availability of information on the rights to premises;

7) immunity of premises;

8) equality of all patterns of ownership on premises;

9) ensuring participation of citizens in all decision making processes which exert impact on realization of the right to sufficient premises.

2. Nobody can be evicted the premises occupied by him or is limited in the pslzovaniye right by premises, including in the right of receipt of utilities, otherwise, as on the bases and according to the procedure, the provided this Code.

Article 4. Objects of housing laws

1. Objects of housing laws are premises, requirements to which are established by this Code and other regulatory legal acts.

2. The minimum requirements to construction and safety of operation of premises are established by the corresponding technical regulations.

3. Premises intend for accommodation of citizens. Provision, transfer of premises in the apartment house for the purposes of industrial nature, their use as places of trade, placement of the organizations of services industry including hotels, and also for any other purposes, except accommodation is forbidden.

4. Use and operation of premises is performed taking into account observance of the rights and legitimate interests of the citizens living in premises, requirements of fire safety, sanitary and hygienic, ecological and other requirements of the legislation, and also according to instructions for use the premises approved by the Cabinet of Ministers.

5. The premises can be acknowledged unsuitable for accommodation on the bases and according to the procedure, the established Cabinet of Ministers. The exception of housing stock of the premises unsuitable for accommodation, is made according to the procedure, established by the Cabinet of Ministers.

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