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LAW OF THE REPUBLIC OF MOLDOVA

of April 30, 2015 No. 75

About housing

(as amended on 18-03-2021)

The parliament adopts this organic law.

This law governs legal relations regarding real estate with the status of housing irrespective of type of property and that appointment.

Chapter I. General provisions

Article 1. Right to housing

(1) the Right to housing is the basic rights which are component of human right or family on worthy life. The right to housing provides:

a) stability regarding the relations of property hiring, provision of the proper accompanying services, providing with necessary infrastructure, availability of financial sources;

b) nondiscrimination in implementation of the right to housing, including access to the housing market, management and use of housing, and also possession by housing;

c) transparency of execution by authorities of the functions and obligations relating to implementation of the right to housing.

(2) the State provides the right of people to social, office, maneuverable housing, housing like hostel, hotels shelters, housing with the special status (legal) according to the criteria established by this law within available housing.

Article 2. Legal basis and main objectives

(1) the Housing legislation is based on provisions of the Constitution of the Republic of Moldova and consists of this law, the Civil code of the Republic of Moldova, other regulations relating to area of housing, and international treaties which party is the Republic of Moldova.

(2) Main objectives of this law are:

a) regulation of legal relations in the field of housing;

b) ensuring freedom of persons and the organizations in realization of the rights and interests relating to area of housing;

c) ensuring accomplishment of the obligations following from this law, other regulations, the organizational charter of employers of housing and/or agreements signed by homeowners with the business entities performing activities in rooms of the apartment apartment house (including built in or attached), on preserving, content and operation of the property which is in common property in the apartment apartment house.

(3) If the international treaty which party is the Republic of Moldova contains other provisions, than provided by the national legal system on housing provisions of the international treaty are applied.

Article 3. The relations regulated by this law

This law governs the relations connected with:

a) origin, implementation, change, the termination of right of possession, use, the order by housing relating to public housing stock;

b) accounting of housing irrespective of its pattern of ownership;

c) use of housing which is in private and public property based on the agreement of property hiring or on other legal causes;

d) change of purpose of housing and use of premises in other purposes;

e) reconstruction of housing;

f) the organization of management of housing which is in public and private property;

g) ensuring integrity of housing, management of it, its maintenance and repair;

h) introduction of payment for use of housing and for the provided municipal and not services;

i) control from the central and local authorities of public management for the purpose of providing the rights of persons to housing, observance of rules and regulations of management of housing and its maintenance;

j) settling out of persons from other types of housing which is in public property to maneuverable housing.

Article 4. Basic concepts

For the purpose of this law the following basic concepts are determined:

housing – the structure or the isolated room consisting of one or more living rooms, and also of utility rooms (kitchen, bathroom, etc.) meeting requirements for accommodation of one or more persons (family) and conforming to the minimum requirements to housing established by regulations; as housing individual apartment houses, apartments are recognized apartment houses, premises in hostels and buildings of other appointment;

public housing stock – set of housing which is in public property;

housing which is in public property – housing which is in property of administrative and territorial units or the states which includes set of housing namely: social, office, maneuverable housing, hotels shelters, hostels and housing with the special status (legal);

social housing – the housing intended for persons needing social protection, provided in property employment according to provisions of this law;

office housing – housing provided in property employment according to the law for accomplishment of job responsibilities some categories of persons;

maneuverable housing – housing intended for temporary accommodation of persons whose housing is in process of capital repairs or reconstruction which cannot be executed without settling out of employers, housing intended for accommodation of persons, injured natural disasters and also housing intended for persons who are settled out from social housing;

hotel shelter – the building of special purpose for temporary placement of some categories of persons which are in difficult situation;

the hostel – the building intended for accommodation of persons during work or study;

housing with the special status (legal) – housing intended for use of the persons elected or appointed to responsible state positions is exclusive for execution of position;

the country house – the housing occupied temporarily, serving the minor housing intended for rest and recovery;

the apartment apartment house – the building with two or more apartments (premises) intended for accommodation which part except apartments are: rooms of other, than residential, appointments and places public, technical equipment, basic structural elements of the building (base, walls, overlappings, roof and other elements);

the individual (private) house – the certain building consisting of one or several rooms, one-storey or with several floors, intended for permanent residence, as a rule, of one family;

the apartment – the housing consisting of one or more living rooms and auxiliary rooms, meeting requirements for accommodation of one person or family and being part of the apartment house;

premises in the hostel – housing consisting, as a rule, of one living room without conveniences (kitchen, toilet, bathroom (shower), etc.) or with partial conveniences;

the room of other, than residential, appointments in the apartment apartment house – the isolated room which is part of the apartment apartment house and having other than residential, appointment;

living space – the area of living rooms (bedrooms and the hall) of the apartment;

total area of the apartment apartment house – total area of all rooms in the house, including rooms of other, than residential, appointments;

the property which is common property in the apartment apartment house – rooms and squares in the apartment apartment house which do not have the status of the isolated rooms including the rooms intended and used for engineering facilities of apartments and all house the places public intended and used for pass to premises, structural elements of the house, the engineering equipment intended for general use, the houses which are component. The common property in the house belongs by the right of forced and termless property to owners of the apartments and rooms having other, than residential, appointment according to provisions of the Civil code and legislation on condominium;

the employer – physical person or legal entity to which housing is provided in use based on the agreement of the property hiring signed with the owner of this housing for limited term or on other legal causes according to the legislation;

the lessor – the owner or the representative of the owner – the physical person or legal entity transferring housing to the employer to use based on the contract of the property hiring signed for limited term or on other legal causes according to the legislation;

family – spouses, children, parents and their legal representatives, and also other persons who are on their content who jointly live and conduct general economy;

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