of March 22, 1999 No. 248-Z
Accepted by the House of Representatives on December 18, 1998
Approved by Council of the Republic on February 8, 1999
In this Code the following main terms and concepts are applied:
administration of the company, organization, the organization - heads or other governing bodies provided by the charter of the company, organization, the organizations having powers in the field of the housing relations;
the blocked apartment house - the apartment house consisting of two and more apartments entrance to each of which is organized directly from the house adjoining territory;
auxiliary rooms of the apartment house - the rooms located out of the apartment and intended for ensuring operation of the apartment house (lobbies, corridors, galleries, ladder marches and platforms, lift halls, etc.);
the citizen builder - the citizen performing financing of housing construction at the expense of own, and also raised funds;
other premises - the premises meeting the health and technical requirements established for accommodation;
the living room - the certain room for accommodation in the apartment (the single-family apartment house);
housing infrastructure - the complex of buildings and constructions of social appointment, engineering networks of municipal services, is expensive, other communications and transport routes in the location of housing stock;
housing - the economy industry servicing housing stock, its content and repair;
the housing relations - the relations in the field of providing citizens with premises, use and the order them, and also safety of housing stock;
housing stock - set of all premises of the Republic of Belarus irrespective of patterns of ownership;
premises - the room intended and suitable for accommodation of citizens;
premises of social use - the premises of standard consumer qualities of the state housing stock provided to citizens on terms of the contract of hiring;
premises of standard consumer qualities - the premises meeting the health and technical requirements established for accommodation and which are arranged well in relation to conditions of this settlement;
the apartment house - the building in which more than a half of the area of floor is engaged with premises;
the isolated living room - the living room, the entrance to which is organized directly from the utility room;
the apartment - the premises consisting of one or several living rooms, kitchen and other utility rooms, the entrance to which is organized from the house adjoining territory or from auxiliary rooms of the apartment house;
the apartment apartment house - the apartment house consisting of two and more apartments, entrances to which are organized from auxiliary rooms of the apartment house;
the uninsulated living room - the living room connected with other room general entrance;
total area of premises - the total area of half of residential and utility rooms of the apartment (the single-family apartment house);
the single-family apartment house - the apartment house consisting of one apartment, the entrance to which is organized from the house adjoining territory;
utility rooms - the rooms which are in the apartment (the single-family apartment house) and intended for the economic domestic needs living (corridors, bathrooms, storage rooms, halls, kitchens and other non-residential premises);
the house adjoining territory - the land area allocated for construction and servicing of the apartment house or group of apartment houses.
The housing legislation of the Republic of Belarus is based on the Constitution of the Republic of Belarus and consists of of this Code, decrees and presidential decrees of the Republic of Belarus, resolutions of Council of Ministers of the Republic of Belarus and other acts of the legislation of the Republic of Belarus governing the housing relations.
The civil legislation of the Republic of Belarus is applied to the housing relations so far as these relations are not settled by the housing legislation of the Republic of Belarus.
The main objectives of the housing legislation of the Republic of Belarus are:
providing legal guarantees of obtaining or acquisition of premises by the citizens needing improvement of housing conditions;
ensuring freedom of citizens and their organizations in realization of housing laws and interests;
forming of the competition of works and services in the housing market;
creation of conditions of free implementation of the rights to the safe and healthy habitat, rest, receipt of information, social and cultural servicing connected with the housing relations;
legal protection of the housing and related laws and interests of subjects of the housing relations.
Objects of the housing relations are premises.
Subjects of the housing relations are:
citizens of the Republic of Belarus, foreign citizens and stateless persons (further - citizens);
legal entities irrespective of patterns of ownership;
state bodies.
The housing stock consists of the state and private housing stocks.
The state housing stock includes:
republican housing stock - the part of housing stock which is in republican property (property of the Republic of Belarus);
utility housing stock - the part of housing stock which is in utility property (property of administrative and territorial units).
The private housing stock includes:
housing stock of citizens - the part of housing stock which is in property of citizens;
housing stock of legal entities of non-state pattern of ownership - the part of housing stock which is in property of legal entities of non-state pattern of ownership.
Premises intend for accommodation of citizens.
Use not to destination of premises, suitable for accommodation, is not allowed, except as specified, provided by this Code.
Inspection of condition of premises, recognition their not conforming to the health and technical requirements established for accommodation, unsuitable are made for accommodation according to the procedure and the terms established by Council of Ministers of the Republic of Belarus. Premises, unsuitable for accommodation, are recovered for proper use, will be re-equiped for use in other purposes or communicate.
Use not to destination of the one-apartment, blocked apartment houses or their part is made in coordination with local executive and administrative organs with observance of rules of town planning, regulations of sanitary hygiene and fire safety.
Citizens of the Republic of Belarus in the field of the housing relations have the right:
receive premises in use on conditions and according to the procedure, established by this Code;
receive the parcel of land for individual housing construction;
perform individual or collective housing construction;
receive in the procedure established by the legislation of the Republic of Belarus soft credits, subsidies and other forms of the state support for construction (reconstruction) or acquisition of premises;
receive in the procedure for subsidy for payment for use of premises established by the legislation of the Republic of Belarus and utilities;
acquire premises in property on the bases established by the laws of the Republic of Belarus;
use premises according to the employment contract (subhiring) and on other bases provided by this Code;
own, use and dispose at discretion of the premises belonging to them on the property right, except as specified, provided by this Code and other laws of the Republic of Belarus;
to independently choose forms and methods of improvement of the housing conditions, repair and operation of premises;
require elimination of the circumstances interfering implementation of the housing and related laws, and also creating health hazard, to rest and free development of the personality, content of premises;
on judicial protection of the housing and related laws and interests;
make other actions which are not contradicting the legislation of the Republic of Belarus.
Citizens of the Republic of Belarus in the field of the housing relations shall:
observe requirements of this Code, other acts of the housing legislation of the Republic of Belarus and contractual commitments connected with realization of housing laws;
not interfere with implementation of legitimate rights and interests of other subjects of the housing relations;
indemnify damage caused by them to premises of other citizens and legal entities irrespective of patterns of ownership in connection with use of these premises;
provide access to the premises occupied by them to workers, busy servicing and operation of housing stock, when carrying out necessary repair work;
use premises according to requirements of this Code;
follow rules of construction, operation and repair of premises.
The foreign citizens and persons without citizenship who are constantly living in the territory of the Republic of Belarus have the rights and fulfill duties in the field of the housing relations on an equal basis with citizens of the Republic of Belarus if other is not provided by the Constitution, the laws and international treaties of the Republic of Belarus.
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The document ceased to be valid according to the Housing code of the Republic of Belarus of 28.08.2012 No. 428-Z