Approved by the Law of the Republic of Uzbekistan of December 24, 1998 , No. 713-1
The housing legislation consists of of this Code and other acts of the legislation.
The land legislation and the legislation in the field of architecture and town planning are applied in the part concerning regulation of the housing relations if these relations are not settled by the housing legislation.
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which contain in the housing legislation of the Republic of Uzbekistan then are applied rules of the international treaty.
The housing legislation governs the relations of citizens, legal entities, state bodies and public authorities on places on questions:
origins, implementation, change and termination of the property right, right of possession and use of premises;
accounting of housing stock;
ensuring safety, content and repair of housing stock;
control of observance of housing laws of citizens and target use of housing stock.
The relations connected with construction of apartment houses, reorganization and re-planning of premises, use of the engineering equipment, providing with utilities are regulated by this Code and other acts of the legislation.
Provisions of the housing legislation are applied to the housing relations with participation of foreign citizens, persons without citizenship, foreign legal entities if other is not established by the law or the international treaty of the Republic of Uzbekistan.
The Cabinet of Ministers of the Republic of Uzbekistan in the field of regulation of the housing relations performs:
state policy in the field of use and ensuring safety of housing stock, adoption of comprehensive state programs on development of the housing sphere;
management of activities of state bodies of housing and public service;
development and approval of procedure for distribution and provision to citizens of premises according to lease agreements, hiring, and also their exchange and sale;
regulation of payment system of housing and utilities;
regulation of procedure and conditions of provision of compensations, credits and loans;
other powers according to the legislation.
It is excluded by the Law of the Republic of Uzbekistan of 12.05.2001 No. 220-II
On places in the field of regulation of the housing relations are within the competence of public authorities:
ensuring execution of the housing legislation;
organization of management of housing stock and municipal objects;
forming in accordance with the established procedure tariff policy on utilities in the subordinated territory;
accounting of housing stock;
distribution and provision to citizens on terms of the contract of hiring of premises in the state housing stock;
provision of premises in the state housing stock to legal entities on provisions of the lease for their use to destination;
ensuring control of use and safety of housing stock, quality of the utilities provided to the population;
accounting of citizens from socially unprotected and needy categories of the population needing improvement of housing conditions and providing them with housing from municipal housing stock of purpose;
housing construction for socially unprotected and needy categories of citizens;
provision in accordance with the established procedure the parcels of land to builders for housing construction, and also to condominiums in permanent use;
ensuring proper maintenance and the development of objects of public service, social and transport infrastructure serving housing stock;
booking and exchange of premises of the state housing stock;
implementation of other powers according to the legislation.
Self-government institutions of citizens in the field of regulation of the housing relations:
render assistance to citizens in operation of housing stock and ensuring its safety;
make offers on improvement of domestic conditions of needy families, orphan children, children without parental support, and also citizens, victims of natural disasters and emergency situations of technogenic nature in the relevant state bodies;
perform other powers according to the legislation.
Housing stock - the fund consisting of the premises suitable for accommodation of the person including apartment houses, apartments, office premises, specialized houses (hostels, houses of temporary housing stock, the house boarding schools for disabled people, veterans, lonely aged, and also orphanages and houses of other special purpose).
The housing stock does not include the non-residential premises which are in apartment houses intended for trade, domestic and other needs of nonindustrial nature.
The housing stock consists of private and state housing stocks.
Enter private housing stock:
the housing stock which is in property of citizens (the individual apartment houses privatized, built and the acquired apartments and houses, apartments in houses of building and housing cooperatives with completely paid share, the apartments and houses acquired in property by citizens on other bases, stipulated by the legislation);
the housing stock which is in property of economic partnerships and societies, cooperatives, public associations, public funds and other non-state legal entities, constructed or acquired at the expense of their means at auction or on other bases, stipulated by the legislation.
Enter the state housing stock:
the municipal housing stock which is under authority of public authorities on places, created at the expense of taxes and other obligatory payments in the local budget and also due to other receipts on the bases, stipulated by the legislation;
the departmental housing stock which is under complete economic authority or operational management of the state companies, organizations and organizations;
the municipal housing stock of purpose which is under authority of public authorities on places, created at the expense of means of the local budget, and also transferred to their fixed assets from private, municipal, departmental housing stock used on terms of employment for socially unprotected, needy categories of citizens without the privatization right.
Premises the room meeting the established health, fire-proof, technical requirements, intended for permanent residence of citizens, and also for use in accordance with the established procedure as specialized houses is recognized (hostels, houses of temporary housing stock, the house boarding schools for disabled people, veterans, lonely aged, and also orphanages and houses of other special purpose).
The premises are real estate.
Use, employment or lease of premises in apartment houses for needs of industrial nature is forbidden. Placement in premises of the apartment house of other companies, organizations and organizations is allowed only after the translation in accordance with the established procedure of such room in non-residential.
Transfer of premises in which home work is in accordance with the established procedure performed to category non-residential is not required.
apartments in apartment houses;
the living rooms and other premises which are in other buildings, intended for accommodation.
The premises can be in private or state-owned property and pass from one pattern of ownership into another according to the procedure, established by the legislation.
Persons of law of property on premises are citizens, legal entities and the state.
The property right to the dwelling is termless and represents the right of person to own, use and dispose of the premises belonging to it at discretion and in the interests, without violating the rights and interests of citizens and legal entities protected by the law, the states, and also to require elimination of violations of its property right. Modification, reorganization or demolition of premises are allowed in the presence of the corresponding permission of public authorities on places.
The private property on apartment houses, apartments, part of the house, part of the apartment (further - apartment houses, apartments) is not limited by quantity, the size and cost.
The apartment houses, apartments which are in private property cannot be withdrawn, the owner cannot be deprived of the property right to the apartment house, apartment, except the cases established by the law.
Forced withdrawal of premises is allowed only based on the judgment in the cases and procedure provided by the law.
Upon transition of the state companies, organizations and organizations to other pattern of ownership or by their reorganization the housing stock which is under their complete economic authority or operational management shall be transferred to the possession or to complete economic maintaining or operational management of legal successors of these companies, organizations and organizations (if they are determined), other legal entities, or to maintaining public authorities on places in accordance with the established procedure with preserving all housing laws of citizens, including the rights to privatization of housing. At the same time the new owner, the owner of housing becomes lessor on the terms of earlier signed employment contract.
The property right and other corporeal rights to premises, origin, transition, restriction and termination of these rights are subject to state registration.
State registration of the property right and other corporeal rights to premises and transactions with it is made in the body registering the rights to real estate and transactions with it which issues the document on title of record, other corporeal right and the transaction or makes text on the document submitted for registration.
Refusal in state registration of the property right and other corporeal rights to premises and transactions with it or violation of terms of registration can be appealed judicially.
The property right to again built apartment house on the parcel of land which is taken away in accordance with the established procedure arises from the moment of state registration.
The purchase and sale agreement and exchanges of the apartment house, the apartment consists in writing by creation of one document signed by the parties and is subject to the notarial certificate and state registration.
Non-compliance with form of the purchase and sale agreement of the apartment house, apartment attracts its invalidity. The essential term of the contract of purchase and sale of the apartment house, apartment in which persons keeping according to the law right to use by these premises after its acquisition by the buyer live is the list of these persons with indication of their rights to use of the sold premises.
The contract of alienation of the apartment house, apartment with condition of the perpetual maintenance shall be notarially certified with observance of rules of the Civil code of the Republic of Uzbekistan.
Exchange of premises is allowed on conditions and according to the procedure, established by this Code and other acts of the legislation.
The gift agreement of the apartment house, apartment shall be notarially certified and is subject to state registration.
The property right to the apartment house, the apartment belonging to the state arises according to the procedure of privatization, stipulated by the legislation.
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