of February 23, 2016 No. 175
About approval of the Regulations on procedure for inspection of sanitary condition of housing and recognition its unsuitable for accommodation, and also about procedure for its use, re-equipment or demolition
According to part (6) Article 6 and Item g) article 7 of the Law No. 75 of April 30, 2015 on housing (The official monitor of the Republic of Moldova, 2015, Art. No. 131-138, 249) DECIDES: the Government
1. Approve Regulations on procedure for inspection of sanitary condition of housing and recognition its unsuitable for accommodation, and also about procedure for its use, re-equipment or demolition it (is applied).
2. Declare invalid the Resolution of Council of Ministers of the Moldavian SSR No. 287 of September 9, 1985. "About approval of the Regulations on procedure for inspection of technical and sanitary condition of apartment houses (premises) and recognition their unsuitable for accommodation, and also their re-equipment for use in other purposes or demolition" (Vestie of the Supreme Council and the Government of the Moldavian SSR, 1985, No. 10, the Art. 99).
Minister of Regional Development and Construction
Approved by the Order of the Government of the Republic of Moldova of February 23, 2016 No. 175
1. This Provision is applied to real estate with the status of housing, irrespective of type of property and its appointment, establishes procedure for inspection of sanitary condition of housing and recognition its unsuitable for accommodation.
2. Recognition of housing of public housing stock unusable for accommodation is confirmed by the Act of inspection of sanitary condition of housing issued by authorized body (commission), forms the basis for provision of social housing in accordance with the terms, provided in article 10 of the Law No. 75 of April 30, 2015 on housing.
3. Inspection of sanitary condition of housing is performed for the purpose of determination of its public usefulness for further safe operation and need of accomplishment of repair, reconstruction, thermal rehabilitation, strengthening or demolition depending on technical condition of apartment houses.
4. Sanitary inspection of housing is performed by the sanitary commissions created based on the order by bodies of local public authority of the first level at the request of the owner or the employer.
5. The sanitary commission performs the activities based on the legislation in the field of the construction, regulations and rules established by regulating documents in the field of construction, sanitary and technical standards of operation of housing stock, this provision, and also the provisions accepted at the level of bodies of local public authority.
The sanitary commission shall include odd number of members, but no more than seven people.
6. Are part of the sanitary commission:
a) the commission chairman - the deputy the chairman/deputy of primar of body of local public authority of the first or second levels or person designated by Gagauzia ATO Executive committee (further - body of local public authority);
b) the certified technical experts in the field of construction;
c) representatives of responsible divisions in the field of architecture and construction of bodies of local public authority;
d) representatives of competent authorities on supervision in the field of public health;
e) representative of Service of civil protection and emergency situations in cases of emergency situations.
7. The sanitary commission has the right:
a) involve in activities of the commission of specialists of the project organizations, research institutions in the field of construction and managing directors of housing for determination of the tasks and sectors which are subject to research and from other competent organizations;
b) organize, as necessary, works on dismantle of structural elements of buildings, on the statement of the technical expert, according to provisions of the current legislation.
8. During sanitary inspection of housing it is performed:
1) technical condition:
a) base and cellar;
b) walls and elements of facade (balconies, eaves, etc.);
c) butt connections in large-panel buildings;
d) interfloor and garret overlappings, wall partitions, ladder marches;
e) covering and elements of overlappings of roof;
g) the sanitary equipment of apartment houses, apartments, rooms in the hostel and other premises;
2) sanitary and hygienic requirements to:
a) to lighting and insolation;
b) fire safety;
9. The sanitary commission determines unfitness of housing for accommodation based on the List of defects according to which housing is recognized not to the relevant health and technical requirements for accommodation (appendix No. 1 to the Provision).
10. At the request of the commission for establishment of technical condition of the basic structural elements technical expertize in construction by the certified technical experts can be carried out.
11. Results of check (consideration) are entered in the Act of inspection of sanitary condition of housing (further - the Statement) which is drawn up in 3 copies which is represented (in one copy) to bodies of local public authority, the applicant (the owner or the employer) and the managing director of the real estate.
The act shall contain conclusions of the technical expert, in case of accomplishment of technical expertize, the reason based on which nature of unfitness of housing, for accommodation, and also conclusions and offers on its reconstruction (work on upgrade, change, transformation, re-planning, arrangement, retekhnologization, recovery) or its demolition is determined.
The sample of the Act of inspection of sanitary condition of housing is given in appendix No. 2 to this Provision.
The act is signed by members of the commission.
12. Bodies of local public authority of the first level, as a result of consideration of the Act of the sanitary commission, by means of the decision of council determine classification of housing unsuitable for accommodation. With respect thereto the relevant organ makes the decision on:
a) to recognition of housing unsuitable for accommodation with the subsequent demolition of structure;
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