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The document ceased to be valid since  April 11, 2020 according to Appendix 3 to the Presidential decree of the Republic of Belarus of April 7, 2020 No. 121

PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of December 16, 2013 No. 563

About some questions of legal regulation of the housing relations

(as amended on 26-12-2017)

For the purpose of enhancement of legal regulation of provision and use of premises of the state and private housing stocks:

1. Determine that:

1.1. 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 premises of social use, premises in hostels, special premises and premises of commercial use.

Premises of the state housing stock can be in free use of the organizations of non-state pattern of ownership created in the course of privatization and privatization of state-owned property, transformation of the state unitary enterprises to open joint stock companies as well as in other cases established by the President of the Republic of Belarus;

1.2. premises of commercial use, premises of social use, premises in hostels and special premises are not subject to privatization, exchange, the Section, sale, provision under the agreement of subhiring if other is not determined by the President of the Republic of Belarus;

1.3. premises of commercial use can be transferred according to the procedure of exception to the possession of citizens according to the decision of the President of the Republic of Belarus if other procedure is not determined by the President of the Republic of Belarus;

1.4. state bodies, other state organizations, the organizations of non-state pattern of ownership which share (share) in authorized funds are in state-owned property having the right of repeated provision of the exempted premises of the state housing stock, in fifteen-day time from the date of obtaining according to Item 2 of article 103 of the Housing code of the Republic of Belarus notifications of local executive and administrative organ on release of premises shall notify him on intention to exercise the right of repeated provision of the exempted premises of the state housing stock;

1.5. the amount of payment for use of premises of commercial use is determined proceeding from the size of base rate of the payment for use of such premises established by Council of Ministers of the Republic of Belarus using the coefficients determined by regional executive committees and the Minsk Gorispolkom depending on extent of improvement and the location of premises if other is not established by the President of the Republic of Belarus.

The payment for use of premises of commercial use is performed taking into account the privileges established in article 16 of the Law of the Republic of Belarus of June 14, 2007 "About the state social privileges, the rights and guarantees for separate categories of citizens" (The national register of legal acts of the Republic of Belarus, 2007, No. 147, 2/1336);

1.6. the amount of payment for use of the premises included according to subitems 2. 1, 2.3-1, 2.4 and part two of subitem 2.5 of Item 2 of this Decree in fund of premises of commercial use from among populated premises of the state housing stock, provided to the citizens living in these premises before their inclusion in structure of premises of commercial use and also for use of the premises provided to the citizens specified in part one of Item 77 and Item 78 of the Regulations on accounting of the citizens needing improvement of housing conditions and about procedure for provision of premises of the state housing stock approved by this Decree it is determined according to subitem 1.5 of this Item using the decreasing coefficients determined by regional executive committees and the Minsk Gorispolkom in coordination with the Ministry of Housing and Public Utilities if other is not established by the President of the Republic of Belarus.

The premises of commercial use provided to the citizens specified in part one of Item 77 and Item 78 of the Regulations on accounting of the citizens needing improvement of housing conditions and about procedure for provision of premises of the state housing stock on terms of the contract of hiring of premises of commercial use of the state housing stock concluded for the term of the employment (office) relationships are provided in ownership and use with payment according to part one of this subitem within 20 sq.m of total area of premises on one person, and over the specified limit – with payment according to subitem 1.5 of this Item, except for provisions of one-room apartment, the payment for which use is charged according to part one of this subitem irrespective of total area of the provided premises;

1.7. the means received from provision of premises of commercial use in the amount of payment for use of such premises are enlisted into special accounts of the relevant regional executive committees, the Minsk Gorispolkom, other state bodies and state organizations, in economic maintaining or operational management of which there are premises of republican housing stock, or the state bodies and the state organizations which signed the agreement of free use by premises of republican housing stock, or persons authorized by them (further - state bodies, other organizations) and go for acquisition, construction (reconstruction) of apartment houses (apartments), reconstruction of capital structures (buildings, constructions) under premises of commercial use, and also for running repair of the free (exempted) premises of commercial use, if other is not established by legal acts. At the same time the amount of the funds allocated for running repair of the free (exempted) premises of commercial use shall not exceed 10 percent from the total amount of the means received from provision of premises of commercial use and enlisted into special accounts.

Regional executive committees have the right to allocate the funds specified in part one of this subitem for acquisition, construction (reconstruction) of apartment houses (apartments), reconstruction of capital structures (buildings, constructions) under premises of commercial use in settlements of the respective area proceeding from the number of the citizens staying in this settlement on the registry of the housing conditions needing improvement and also from demand of the population for such premises.

State bodies, other organizations have the right to allocate the funds specified in part one of this subitem, to the organizations which are under their supervision or being their part (system) financing of the expenses provided in part one of this subitem if other is not determined by the President of the Republic of Belarus;

1.8. the obligation on introduction of payment for use of premises of commercial use arises:

at employers of the premises of commercial use specified in subitem 2.3 of Item 2 of this Decree – since April 1, 2014;

at employers of the premises of commercial use specified in subitem 2.3-1, of part two of subitem 2.4 of Item 2 of this Decree – since July 1, 2016;

at employers of the premises of commercial use specified in part two of subitem 2.5 of Item 2 of this Decree – since March 1, 2016;

1.9. on behalf of the minor member of the family of the disposed (died) employer of premises the employment contract of premises of commercial use of the state housing stock according to subitems 2. 3, 2.3-1, part two of subitem 2.4 and parts two of subitem 2.5 of Item 2 of this Decree consists the legal representative of the minor. On behalf of orphan children and children without parental support, aged up to fourteen years the employment contract of premises of commercial use of the state housing stock is signed by guardians, adoptive parents of foster home, the parent tutor of orphanage of family type from prior consent of guardianship and custody bodies or at the initiative of the specified bodies.

Refusal of the conclusion of the employment contract of premises of commercial use of the state housing stock according to subitems 2. 3, 2.3-1, part two of subitem 2.4 and parts two of subitem 2.5 of Item 2 of this Decree does not exempt employers, full age members, the former members of families of the disposed (died) employers of premises from introduction of payment for use of premises of commercial use;

1.10. the premises of the state housing stock located in the territory of the Republic of Belarus and intended for accommodation of staff of diplomatic representations and consular establishments of foreign states, representations and bodies of the international organizations and interstate educations accredited in the Republic of Belarus, the foreign organizations are provided according to the procedure and on the conditions established by the President of the Republic of Belarus.

2. Determine that:

2.1. till April 1, 2014 the fund of premises of commercial use is created due to inclusion in its structure of premises of special office housing stock, office premises (except for office premises in office and public buildings of bodies and divisions for emergency situations, including in buildings of fire stations) and special premises of the state housing stock (except for special premises in the organizations of social servicing performing stationary social servicing (houses boarding schools for aged and disabled people, houses boarding schools for handicapped children, special houses for veterans, aged and disabled people), in orphanages of family type, in child care residential care facilities, in office and public buildings of the state security agencies, premises, the employees of diplomatic representations and consular establishments of the Republic of Belarus, the premises intended for temporary residence of the foreign citizens and stateless persons (further – foreigners) petitioning for provision of the status of the refugee or additional protection in the Republic of Belarus and foreigners to whom are provided the status of the refugee either additional or temporary protection in the Republic of Belarus, the premises intended for temporary settling out of citizens to safe areas in connection with introduction of warlike or emergency state, premises in temporary public housing located in the territory of foreign states and intended for accommodation) in the following procedure:

premises of municipal housing stock – according to the decision of local executive and administrative organs;

premises of republican housing stock – according to the decision of state bodies, other organizations;

2.2. the exception of premises of structure of special office housing stock, service and special premises, including populated, for the purposes of forming of fund of premises of commercial use is performed according to the decision of local executive and administrative organs, state bodies, other organizations;

2.3. based on decisions on inclusion of populated premises of special office housing stock, service and special premises in structure of premises of commercial use with employers or with the full age members who were members of the family of the disposed (died) employers of the premises included in structure of premises of commercial use, local executive and administrative organs, state bodies, other organizations sign employment contracts of premises of commercial use of the state housing stock on the basis of the standard agreement of hiring of premises of commercial use of the state housing stock approved by Council of Ministers of the Republic of Belarus for the term established in earlier signed employment contracts and if in these agreements term is not specified - is termless, in the absence of the specified contracts and (or) the employment (office) relationships with the organization which provided premises irrespective of its accessory - for the term which is not exceeding five years;

2.3-1. change of purpose of the building of the hostel to the building of the apartment apartment house is performed at the initiative of local executive and administrative organ (municipal housing stock), state body, other organization (republican housing stock) on condition of compliance of the premises located in this hostel to requirements imposed to apartments.

In case of adoption by local executive and administrative organ of the decision on change of purpose of the building of the hostel to the apartment apartment house the premises of the state housing stock located in this house including populated, are subject to inclusion in structure of premises of commercial use according to the procedure, determined in subitem 2.1 of this Item.

Based on decisions on inclusion of populated premises of the state housing stock in structure of premises of commercial use local executive and administrative organs, state bodies, other organizations sign employment contracts of premises of commercial use of the state housing stock on the basis of the standard agreement of hiring of premises of commercial use of the state housing stock:

with the employers or full age members who were family members of the disposed (died) employers, except for the citizens specified in paragraph three of this part - for the term established in earlier signed employment contracts, and in the absence of the specified contracts and (or) the employment (office) relationships with the organization which provided premises irrespective of its accessory - for the term which is not exceeding five years;

with the employers or members of their families who are not subject to eviction from premises of the state housing stock to hostels according to item 4 of article 221 of the Housing code of the Republic of Belarus - it is termless.

Till July 1, 2016 the employer of the premises included according to part two of this subitem in the structure of premises of commercial use which is not subject to eviction from premises of the state housing stock to the hostel according to item 4 of article 221 of the Housing code of the Republic of Belarus, full age members of his family, and also other citizens behind whom according to the legislation the right of possession, equal with the employer, and uses of these premises remains have the right to file petition for privatization of the occupied premises according to the legislation. The statement for privatization of premises in which orphan children and children without parental support live without full age family members aged up to fourteen years, moves the guardian, the adoptive parent of foster home, the parent tutor of orphanage of family type from prior consent of guardianship and custody bodies or at the initiative of the specified bodies;

2.4. the premises of the state housing stock (except premises of special office housing stock, premises of social use, premises in hostels, service and special premises, premises of commercial use, and also premises in office and public buildings of bodies and divisions for emergency situations, including in buildings of fire stations) occupied by citizens on the terms of employment contracts of premises of the state housing stock till July 1, 2016 are subject to inclusion in structure of premises of commercial use according to the procedure, determined in subitem 2.1 of this Item if other is not established in part two of subitem 2.5 of this Item.

Based on decisions on inclusion of premises of the state housing stock in structure of premises of commercial use with employers or with the full age members who were members of the family of the disposed (died) employers of the premises included in structure of premises of commercial use, local executive and administrative organs, state bodies, other organizations sign employment contracts of premises of commercial use of the state housing stock on the basis of the standard agreement of hiring of premises of commercial use of the state housing stock for the term established in earlier signed employment contracts and if in these agreements term is not specified, and also in the absence of the specified agreements - is termless.

Till July 1, 2016 the employer, full age members of his family, and also other citizens behind whom according to the legislation the right of possession, equal with the employer, and uses of these premises remains have the right to file petition for privatization of the occupied premises according to the legislation. The statement for privatization of premises in which orphan children and children without parental support live without full age family members aged up to fourteen years, moves the guardian, the adoptive parent of foster home, the parent tutor of orphanage of family type from prior consent of guardianship and custody bodies or at the initiative of the specified bodies.

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