of December 27, 1997
According to the Constitution of the Republic of Tajikistan each citizen has the right to housing.
This right is provided by implementation and protection of the state, public, cooperative and individual (private) housing construction.
The law prohibits the actions interfering citizens in implementation of their right to housing.
Tasks of the housing legislation of the Republic of Tajikistan is regulation of the housing relations for the purpose of providing the right of citizens to the dwelling guaranteed by the Constitution of the Republic of Tajikistan, proper use and safety of housing stock, and also strengthening of legality in the field of the housing relations.
The housing relations in the Republic of Tajikistan are governed by this Code both others legislative and regulations of the Republic of Tajikistan.
The housing stock is formed by the apartment houses which are in the territory of the Republic of Tajikistan, premises, and also other structures enlisted in housing stock after their acceptance in operation and legal registration in the procedure established by the Law.
The housing stock does not include the non-residential premises in apartment houses intended for trade, domestic and other needs of nonindustrial nature.
The housing stock includes:
1. The state housing stock - apartment houses and premises in the structures belonging to the state.
2. Public housing stock - apartment houses and premises in the structures belonging to kolkhozes, cooperative organizations, associations, trade-union and other public organizations.
3. Fund of housing cooperatives - the apartment houses belonging to housing cooperatives.
4. Individual housing stock - the apartment houses which are in property of citizens and also the privatized premises (apartments) which are in houses of the state and public housing stock.
Joins in housing stock also apartment houses belonging to state and collective-farm and other state and cooperative associations, the companies and the organizations.
The rules established for public housing stock are applied to these houses.
The state housing stock is under authority of regional authorities (hukumat) and maintaining the ministries, state committees, departments, companies, organizations and organizations (departmental housing stock).
Apartment houses and premises intend for accommodation of citizens and the procedure established by the law, and also for use as office premises and hostels.
Use of apartment houses and premises on non-residential appointment is forbidden.
Inspection of condition of apartment houses of the state and public dwelling stock is periodically made. Terms of inspection and procedure are established by the Government of the Republic of Tajikistan.
Apartment houses and premises, unsuitable for accommodation, will be re-equiped for use in other purposes or communicate according to the decision of the Government of the Republic of Tajikistan, the Gorno-Badakhshan Autonomous Region, regional, city and district local executive bodies.
Transfer of apartment houses and premises, suitable for accommodation, in houses of the state and public housing stock in non-residential, as a rule, is not allowed.
In exceptional cases transfer of apartment houses and rooms in non-residential can be performed according to the decision of the bodies specified in part two of article 8 of this Code. Transfer of apartment houses and rooms of departmental and public housing stock in non-residential is made according to the offer of the relevant ministries, state committees, departments and central bodies of public organizations.
Transfer of the apartment houses and rooms belonging to kolkhozes in non-residential is performed according to the decision of general meeting of members of kolkhoz or meeting of representatives.
Transfer of apartment houses of housing cooperatives in non-residential is not allowed. Transfer of certain premises in non-residential HCCs in houses for needs of cooperative can be made according to the decision of general meeting of members of HCC with the subsequent approval of this decision local executive body.
Citizens of the Republic of Tajikistan have the rights not receipt in accordance with the established procedure of premises in houses of the state or public housing stock or in houses of housing cooperatives.
Premises in houses of the state and public housing stock, and also housing cooperatives are provided to citizens unlimited use.
Citizens have the right to have in personal property apartment houses, part of the house, apartment in houses of the state and public housing stocks according to the legislation of the Republic of Tajikistan.
Nobody can be evicted the occupied premises or the limited having the right use of premises differently, as on the bases and according to the procedure, provided by the law.
Implementation of housing laws in contradiction with their appointment or with violation of the right of other citizens, and also the rights of the state and public organizations is not allowed.
Citizens shall makes thrifty use of the house in which they live, to use premises according to its appointment, to follow instructions for use premises and rules of conduct according to the existing legislation of the Republic of Tajikistan, and also to timely make payment of housing, utilities.
Apartment houses and premises cannot be used by citizens to the detriment of interests of the state and society.
Carry out stipulated by the legislation sanitary and hygienic, ecological, architectural and town-planning, fire-proof requirements.
Use the house adjoining territories without damage to interests of other citizens and society.
Persons not carrying out obligations on proper use of housing stock, bear responsibility according to the legislation of the Republic of Tajikistan.
According to the law to maintaining the Government of the Republic of Tajikistan in the field of regulation of the housing relations are subject:
1. Ensuring unity of legislative regulation of the housing relations.
2. Common directorship housing of the republic.
3. Establishment of the general beginnings of the organization and activities of state bodies housing.
4. Approval of plan targets on capital repairs of housing stock in the republic.
5. Carrying out single technical policy in the field of repair of dwelling stock.
6. Establishment of standard rates of expenditure of financial and material resources on operation and repair housing stock to the ministries, the state committees and departments of the republic.
7. Establishment of single procedure for the state accounting of housing stock.
8. Establishment of the basic rules of accounting of the citizens needing improvement of housing conditions, provision of premises and use of them.
9. Establishment of the basic rules of rent and privileges on payment of housing rooms and utilities.
10. Establishment of the basic rules of the organization and activities of housing cooperatives.
11. State control of use and safety of housing stock and establishment of procedure its implementation.
12. Establishment of rules and regulations of technical operation of apartment houses and instructions for use and house territories.
13. The solution of other questions republican in the field of use and ensuring safety of housing stock compliance with the Constitution and the housing legislation of the Republic of Tajikistan.
Majlises of People's Deputies Gorno-Badakhshan autonomous areas and Dushanbe according to the legislation of the Republic of Tajikistan:
1. Direct housing of regional appointment and approve plan targets on development of housing of area.
2. Exercise control of safety of the correct operation, carrying out capital and running repair of the housing stock which is under authority of local executive bodies.
3. Exercises control of condition and operation of departmental and public housing stock of content of houses of the housing cooperatives and houses which are in property of citizens.
4. Control condition of accounting of the citizens needing improvement of housing conditions and also correctness from distribution and provision of premises.
5. Resolve such issues in the field of use and ensuring safety of housing stock according to the legislation of the Republic of Tajikistan.
City, district Majlises, settlement rural jamias according to the legislation of the Republic of Tajikistan:
1. Direct subordinated housing.
2. Approve plan targets on development of housing of the area, city, area in the city, the settlement, sat down and controls their execution.
3. Provides proper technical condition of carrying out capital and running repair of the housing stock which is under their authority.
4. Exercise control for condition and operation of departmental and public housing stock, behind content of houses of the HCC and houses which are in property of citizens.
5. Record the citizens needing improvement of housing conditions.
6. Distribute the housing stock belonging to the corresponding local executive body.
7. Exercise control of correctness of accounting of the citizens needing in improvements of housing conditions and provision to citizens of premises houses of departmental and public housing stock, and also houses of housing cooperatives.
8. Resolve other issues in the field of use and ensuring safety of housing stock according to the legislation of the Republic of Tajikistan.
In compliance housing the legislation of the Republic of Tajikistan, the government in the field of use and ensuring safety of housing stock is performed by the Government of the Republic of Tajikistan, executive power at the local level (Hukumatami), the ministries, the state committees and departments, and also state bodies which are specially authorized on that in compliance the legislation of the Republic of Tajikistan.
Control of housing stock of regional authorities is exercised of their executive bodies and formed or them governing bodies.
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The document ceased to be valid since September 1, 2022 according to article 140 of the Housing code of the Republic of Tajikistan of March 18, 2022 No. 1852