ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of May 6, 2005 No. 177

About approval of the Regulations on procedure for provision of the parcels of land under individual housing construction

For the purpose of establishment of single procedure for provision of the parcels of land under construction of individual apartment houses, according to requirements of the Civil code of the Kyrgyz Republic and the Land code of the Kyrgyz Republic the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on procedure for provision of the parcels of land under individual housing construction (further - the Provision).

2. To the relevant authorized bodies which competence includes provision of the parcels of land under construction of individual apartment houses, in case of accomplishment of the above-stated actions strictly to be guided by requirements of the Provision.

2-1. To authorized state body for local self-government based on appeals of local government bodies timely to place information on the forthcoming allocation of the parcel of land and lists of citizens on receipt of lands under individual housing construction on the official site.

2-2. Regulations of this provision do not extend to the parcels of land when fixing with executive bodies of local self-government of the property rights to the objects falling under operation of the land amnesty established by the Law of the Kyrgyz Republic "On regulation of land legal relations".

3. Publish this resolution in mass media.

Approved by the Order of the Government of the Kyrgyz Republic of May 6, 2005 No. 177

Regulations on procedure for provision of the parcels of land under individual housing construction

1. The regulations on procedure for provision of the parcels of land under individual housing construction (further - the Provision) are developed according to requirements of the Civil code of the Kyrgyz Republic, the Land code of the Kyrgyz Republic and other regulatory legal acts regulating land legal relationship and regulate procedure for parcellation under construction of individual apartment houses on a grant basis in the presence of free lands.

2. Withdrawal of the parcel of land under construction of the individual apartment house is performed according to master plans of settlements, and in case of their absence - with schemes of the master plans approved with the chief architect of area, city, area.

3. Carrying out and the organization of works on provision of the parcels of land are performed by the commission created by the relevant authorized body which competence includes provision of the parcel of land under the above-stated purposes.

4. Object of provision are the parcels of land located in the corresponding territory and which can be provided in property.

5. Regulations of provision of the parcels of land under construction of individual apartment houses are determined by the relevant representative bodies of local self-government.

6. The parcels of land which are subject to provision for construction of individual apartment houses shall be free from the third party rights and not have restrictions for making of civil transactions.

On the official site (if is available) relevant organ of local self-government or state body for local self-government and in mass media the announcement of the forthcoming provision of the parcel of land under individual housing construction, with obligatory specifying of date and the venue of public hearing, and also lists of citizens on receipt of lands under individual housing construction will be stirred.

7. The citizen of the Kyrgyz Republic has the right to the parcel of land under construction of the individual apartment house:

- living in the territory of administrative and territorial unit of the cities of Bishkek and Osh at least 3 years;

- at least 1 year living in the territory of other administrative and territorial units, except the administrative and territorial units specified in the paragraph the second this Item;

- not having the parcel of land which is earlier provided under individual housing construction in (all) territory of the Kyrgyz Republic;

- premises (the house, the apartment) which does not have in property, except for citizens whose living space does not meet the established sanitary standards and the requirements;

- not making within the last 5 years of the civil actions directed to deterioration in the housing conditions expressed in alienation of the premises which are available in property to the third parties by the conclusion of transactions of purchase and sale, exchange, donation, etc.

The requirement provided by the paragraph third this Item does not extend to again formed settlements by land development based on the decision of the Government of the Kyrgyz Republic.

8. For receipt of the parcel of land under individual housing construction, the applying person submits the following documents to the relevant authorized body:

- the statement in the established form;

- copy of the identity document;

- the reference of authorized state body on registration of the rights to real estate about absence on the property right of the premises or the parcel of land which is earlier allocated under individual housing construction;

- copy of the service record (in the presence);

- the petition from place of employment, in case of implementation of labor activity (it is provided at the request of the citizen);

- the reference of authorized state body confirming the status of the unemployed;

- the act of inspection of housing conditions (in the presence in personal or joint property of premises);

- the reference from place of residence of family composition.

9. The citizens of the Kyrgyz Republic submitting documents to the relevant authorized bodies for receipt of the parcel of land under construction of the individual apartment house, and also the bodies which issued documents bear responsibility for their reliability.

10. The relevant authorized bodies on places for review of the submitted documents create the commission in the following structure:

- representatives of executive bodies of local self-government;

- the representative of state body on architecture;

- the representative of local state body on registration of the rights to real estate.

The structure of the commission on the decision of authorized body can include the public representatives.

11. On registration of the rights to real estate belongs to duties of the representative of state body:

- check of compliance to documentary established borders and the areas of the parcel of land in nature;

- approval of borders of the parcels of land provided under individual housing construction of owners or users of the adjacent parcels of land;

- verification of presence of servitudes and other encumbrances.

12. On architecture belongs to duties of the representative of state body:

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