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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of December 31, 2015 No. 535

About provision of housing and communal services

(as amended on 31-10-2019)

For the purpose of enhancement of procedure for provision of separate housing and communal services and ensuring cost reduction on their rendering, enhancement of procedure for financing of the organizations of housing and communal services and increase in efficiency of their activities:

1. Determine that:

1.1. maintenance, running repair, capital repairs, sanitary content of auxiliary rooms of the apartment house * belong to the main housing and communal services, also cold water supply, water disposal (sewerage), gazo-, electro-and heat supply, maintenance of the elevator, the address with solid municipal waste is hotter;

1.2. maintenance includes works on maintenance in serviceable and operating state of structural elements, engineering systems, except for elevators, to ensuring the set parameters and operating modes of engineering systems, except for elevators, preparation of apartment houses for conditions of the spring and summer and autumn and winter periods of year;

1.3. the payment for maintenance of the elevator is brought by consumers ** monthly on the rates for service in maintenance of the elevator established according to legal acts proceeding from the number of the citizens registered at the place of residence in premises, and also having right of possession and uses of premises of commercial use, private housing stock according to employment contracts (except the cases established by Council of Ministers of the Republic of Belarus);

1.4. expenses of the organizations performing operation of housing stock and (or) providing housing and communal services on the electric power consumed on lighting of auxiliary rooms and operation of the equipment *, except for elevators in apartment apartment houses, are compensated monthly by consumers proceeding from the number of the citizens registered at the place of residence in premises, and also having right of possession and uses of premises of commercial use, private housing stock according to employment contracts (except the cases established by Council of Ministers of the Republic of Belarus).

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* For the purposes of this Decree the equipment is understood as the mechanical, electric, sanitary and other equipment serving two and more residential and (or) non-residential premises and being in or outside the apartment house, other capital structure (the building, construction), group metering devices of consumption of water, heat and electrical energy, gas.

Expenses of the organizations performing operation of housing stock and (or) providing housing and communal services on the electric power consumed for operation of elevators are compensated monthly by consumers, except as specified, established by Council of Ministers of the Republic of Belarus, proceeding from the number of the citizens registered at the place of residence in premises, and also having right of possession and uses of premises of commercial use, private housing stock according to employment contracts, and on non-residential premises - according to the criteria determined by Council of Ministers of the Republic of Belarus.

The procedure for expense recovery for the electric power, specified in parts one and the second this subitem, is determined by Council of Ministers of the Republic of Belarus;

1.4-1. the service fee on sanitary content of auxiliary rooms of the apartment house is brought monthly by consumers proceeding from the number of the citizens registered at the place of residence in premises, and also having right of possession and uses of premises of commercial use, private housing stock according to employment contracts (except the cases established by Council of Ministers of the Republic of Belarus);

1.5. consumers to whom belong and (or) which occupy the residential and (or) non-residential premises located at entrance of the apartment apartment house have the right to refuse service in sanitary content of auxiliary rooms of the apartment house, except for services in disinfection, disinsection, deratization, by the conclusion of the supplementary agreement to the relevant agreement and to make the decision on implementation of independent sanitary content of auxiliary rooms of the apartment apartment house by them. Decision making is performed unanimously by consumers and drawn up by the protocol of meeting of consumers or the protocol of written poll.

Independent sanitary content of auxiliary rooms of the apartment apartment house, except for services in disinfection, disinsection, deratization, is performed by means of carrying out sanitary processing (cleaning) auxiliary rooms of the apartment house directly by consumers according to the schedule of carrying out such processing (cleaning) established by general meeting.

If independent sanitary content of auxiliary rooms of the apartment apartment house by consumers is not performed, the authorized person on management of common property, the partnership of owners or the organization of builders shall take measures for ensuring proper sanitary maintenance of auxiliary rooms of the apartment apartment house by the conclusion with the organization rendering this service, the relevant agreement;

1.6. in case of damage of auxiliary rooms of the apartment apartment house, including as a result of acts of vandal nature *, and also identification of texts and (or) images of obscene nature the authorized person on management of common property, the partnership of owners or the organization of builders shall take measures for elimination of the specified texts and (or) images and reduction of auxiliary rooms of the apartment apartment house in compliance with requirements of technical regulatory legal acts, obligatory for observance, including by means of carrying out running repair.

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* For the purposes of this Decree acts of vandal nature are understood as the intended actions of physical person which entailed destruction, spoil of auxiliary rooms of the apartment apartment house or other damnification to such rooms.

In case of identification of damages of auxiliary rooms of the apartment apartment house, including as a result of acts of vandal nature, or texts and (or) images of obscene nature during general surveys of the apartment house the organization performing operation of housing stock and (or) providing housing and communal services shall notify within 5 working days the authorized person on management of common property, partnership of owners or the organization of builders (except for partnerships of owners or the organizations of the builders who are independently performing operation of housing stock) for acceptance of adequate measures.

Elimination of the damages specified in part one of this subitem, texts and (or) images and reduction of auxiliary rooms of the apartment apartment house in compliance with requirements of technical regulatory legal acts, obligatory for observance, are performed within a month after identification or receipt of the notification on identification of these damages, texts and (or) images.

The payment for the running repair made for the purpose of elimination of the damages specified in part one of this subitem, texts and (or) images is brought by consumers for compensation of actual costs on running repair in proportion to total area of the residential and (or) non-residential premises belonging to consumers or occupied by them without the conclusion of service provision agreements on running repair of the apartment house;

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