On the approval and establishment of the housing code of Turkmenistan (statements of the Mejlis of Turkmenistan, 2013, no. 1, p. 3), article 1. To approve the housing code of Turkmenistan.
 
Article 2. Enforce the housing code of Turkmenistan from July 1, 2013 year.
 
Article 3. From the day of promulgation of the present Code shall be declared null and void the housing code of the Turkmen Soviet Socialist Republic, approved by the law of the Turkmen Soviet Socialist Republic from June 28, 1983 year (Gazette of the Supreme Council of the Turkmen SSR, 1983, no. 18, p. 44), all subsequent laws or their respective sections and parts, which made changes and additions to it.
 
Article 4. Continue to bring laws and other normative legal acts of Turkmenistan in accordance with housing code of Turkmenistan, they operate to the extent not inconsistent with this code.
 
Article 5. The Cabinet of Ministers of Turkmenistan in a three-month deadline to bring regulatory legal acts of Turkmenistan in conformity with this code.
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat, March 2, 2013, no. 374-IV.


 



HOUSING CODE



TURKMENISTAN

 


SECTION I. GENERAL PROVISIONS



 



Chapter 1. The main provisions of



 



Article 1. Basic principles of housing legislation of Turkmenistan



 

1. Housing legislation of Turkmenistan aimed at ensuring conditions for the enjoyment by citizens of Turkmenistan are fixed by the Constitution of Turkmenistan law on State support to obtain or acquire decent living accommodation and individual housing construction, to the inviolability of the home and the inadmissibility of deprivation of housing other than on the grounds established by law, on the formation and development of the housing market.
2. The citizens of Turkmenistan in its sole discretion and at its own interests freely pursue their housing rights, including to dispose of them. In the implementation of housing rights citizens and the performance of obligations arising from the housing, not allowed the violation of rights, freedoms and legitimate interests of other citizens.
3. Citizens of Turkmenistan may be limited to housing rights based on law and only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and lawful interests of other persons, for the needs of the defence and security of the State.
4. Citizens have the right to freedom of choice of accommodation to stay based on ownership, as an employer and on other grounds stipulated by the legislation of Turkmenistan.
5. Restriction of citizens ' rights to freedom of choice of accommodation to stay is only permitted on the basis of the legislation of Turkmenistan.
 
Article 2. Relations regulated by the housing legislation of Turkmenistan 1. Housing legislation of Turkmenistan regulates the relations of natural and legal persons, bodies of State power and administration and the Gengeshi on: 1) the emergence, implementation, modification and termination of housing;
2) accounting of the housing stock;
3) ensure use of residential premises, their preservation and repair;
4) housing rights monitoring citizens and targeted use of residential premises.
2. Relations connected with the construction of residential premises, alterations and remodeling, maintenance service of the equipment, the provision of public services, are governed by the present code and other normative legal acts of Turkmenistan.
3. the rules of the housing legislation of Turkmenistan also apply to housing relations involving foreign citizens, persons without citizenship, foreign legal persons, unless otherwise provided by law or an international treaty to which Turkmenistan is a party.
Housing legislation of Turkmenistan applies to housing relations with the participation of resident stateless persons in Turkmenistan.
 


Article 3. Housing legislation of Turkmenistan



 

1. Housing legislation of Turkmenistan is based on the Constitution and consists of the present code and other normative legal acts of Turkmenistan, adopted in accordance with it.
2. the legislation of Turkmenistan on Earth, architecture, urban planning and other legislation applies in relation to regulate housing relations, if this relationship is not regulated by the housing legislation of Turkmenistan.
3. The Cabinet of Ministers of Turkmenistan, local executive bodies and local councils (gengesh) shall adopt regulations governing housing relations, on the basis of and pursuant to this code.
4. If an international treaty to which Turkmenistan stipulates other rules than those stipulated by the present Code, the rules of the international treaty shall apply.
 
Article 4. Action housing legislation of Turkmenistan in time 1. Acts of housing legislation of Turkmenistan does not have retroactive force and shall be applied to relations arisen housing after its launch.
2. Act on the housing legislation of Turkmenistan may extend to housing matters arising prior to its launch, only in the cases expressly provided for them.

3. housing relations arising prior to the enactment of the Act on the housing legislation of Turkmenistan, it applies to housing rights and obligations that arose after its launch.
4. Act on the housing legislation of Turkmenistan can be applied to housing rights and obligations that arose prior to the enactment of this Act, if the rights and obligations of the Treaty, concluded before the introduction of this Act into effect, and if this Act explicitly provides that it applies to relations arising from previous contracts.
 
Article 5. Competence of the Cabinet of Ministers of Turkmenistan to regulate housing relations within the competence of the Cabinet of Ministers of Turkmenistan to regulate housing relations include: 1) development and implementation of State policies of exploitation and preservation of the housing stock;
2) development and ensuring the implementation of the State programme for the integrated development of housing system;
3) develop and implement long-term programmes to improve the quality and utility of the population associated with housing;
4) development and ensuring the implementation of long-term programmes for the construction of individual houses privately owned land, the creation of special funds for individual housing construction;
5) creation of public authorities, organizing and conducting free trade housing for natural and legal persons, irrespective of their form of ownership;
6) establishing requirements for the accommodation and maintenance, as well as the operation and maintenance of houses, common property or common areas in apartment houses;
7) establishing rules and procedure for the use and improvement of land adjacent to the accommodation spaces;
8) identify common began organizing activities of public housing management;
9) establishment of a single order of the State housing fund accounting;
10) establishing the order of formation of the specialized housing and the provision of living accommodation;
11) determining the Organization and activities of housing associations, the legal position of their members, including the procedure for obtaining the dwelling from the housing partnership;
12) establishing conditions and procedures for the reconstruction, refurbishment and redevelopment of residential premises, reason and order recognizing their uninhabitable;
13) establishing rules for accounting of the citizens requiring improvement of living conditions, as well as the provision of premises of public housing under contracts of employment and their Exchange;
14) to determine the amount of payment for housing and communal services, order and payment deadlines, providing benefits to pay for housing and communal services;
15) to perform other functions stipulated by the legislation of Turkmenistan.
 
Article 6. The competence of the public authority in the management of the housing stock in the competence of the authorized State body in the management of the housing stock includes: 1) implementation of the State policy for the use and safeguarding of premises, the State programme for the integrated development of the housing system and the long-term programme to improve the quality and development of the public service population associated with housing;
2) development and submission to the Cabinet of Ministers of Turkmenistan proposals on improving housing legislation of Turkmenistan;
3) logistical assistance to enterprises, institutions and organizations for housing and communal services in the task of ensuring the proper maintenance of the housing stock and its improvement;
4) operate on project design of houses, their construction, repair and reconstruction of dwelling premises;
5) Organization business continuity facilities servicing dwellings;
6) maintaining public accounting of the housing stock;
7) implementation of measures for technical inventory of the housing stock, regardless of the form of ownership and departmental subordination;
8) participated in the formation and perfection in the established order of prices for services enterprises of housing and communal services;
9) implementation within its powers of control over the use and contents of houses, common property or common areas in multifamily dwellings, as well as for compliance with the specifications, measurements and standards when designing residential buildings and structures housing irrespective of their form of ownership;
10) support for local public authorities when carrying out work on the maintenance and upkeep of houses;
11) carrying out foreign trade activities, as well as scientific and technical and economic cooperation in the area of housing;
12) performing other functions stipulated by the legislation of Turkmenistan.
 
Article 7. Competence of local bodies of the Executive power and the Gengeshi housing otnošenij in the competence of local bodies of executive power and the Gengeshi on housing relations include: 1) khyakims velayats, towns and cities with Mashhad: a) ensure implementation of the State programme for the integrated development of housing system and long-term programmes to improve the quality and utility of the population associated with housing;

b) ensure the implementation of long-term programmes for the construction of individual houses in private ownership, effective use of special land funds created for individual housing construction;
ç) approval of plans for the development of the housing stock;
(d)) to monitor compliance with the rules and procedure for the use and improvement of land, adjacent to homes;
e) overseeing accounting rules the citizens requiring improvement of living conditions, the provision of residential premises of public housing and their Exchange;
ä) to monitor the use and safety of the premises, their compatibility with the requirements of the legislation of Turkmenistan;
f) realization of other powers provided for by the legislation of Turkmenistan;
2) khyakims etraps, towns with etrap rights, the archins: and) Guide attached to the housing stock, approval of plans and monitoring their implementation;
b) implementation monitoring and operation of State departmental housing over the contents of houses, homes, housing associations, private property;
ç) record keeping of persons eligible for residential properties from the State of the local housing stock;
d) distribution which provide citizens with housing and residential premises;
e) overseeing accounting rule persons eligible for residential premises of public housing, and the provision of citizens of dwellings in houses of State departmental housing stock, as well as in homes housing associations;
ä) performance of other functions stipulated by the legislation of Turkmenistan.
 
Article 8. Participation of local public authorities in the sphere of regulating housing relationships in the sphere of regulating housing relationships and local public authorities have the right to: 1) assisting tenants to use residential premises and ensuring their preservation;
2) introduction to the relevant authorities proposals on the improvement of the living conditions of the tenants;
3) implementation of public control over the observance of the rules of construction, use and improvement of land, adjacent to homes;
4) implementation in accordance with the legislation of Turkmenistan, other rights connected with housing.
 
Article 9. Resolution of housing disputes disputes arising from housing relations, are resolved in the courts.
 
Article 10. Provision of housing of citizens of Turkmenistan to work abroad, the citizens of Turkmenistan to work abroad were provided with accommodation at the seat of the order and on conditions determined by the Cabinet of Ministers of Turkmenistan.
 
Chapter 2. Objects of housing.
Housing Article 11. Objects of housing 1. Objects of housing are residential areas.
2. Living room, being immovable property, shall be suitable for permanent residence of citizens and meet sanitary, technical and other rules and regulations established by the normative legal acts of Turkmenistan.
3. The procedure for the recognition of dwelling premises, requirements for residential premises, the place of its location, as well as to the size and boundaries of this land, established by the present code and other normative legal acts of Turkmenistan.
4. Living room might be found unfit to stay on the grounds and in the manner established by this code and other normative legal acts of Turkmenistan.
5. the total living area is the sum of the space destined directly for their stay (living space) and auxiliary premises of use, designed to meet the citizens of domestic and other needs related to their stay in residential premises (living space), as well as other parts of the square housing. Balconies and other similar places in the common living area are not included.
 


Article 12. Types of residential premises



 



1. To the accommodation include:



1) dwelling house, part of the dwelling-house;



2) apartment, part of the apartment;



3) room.



2. a dwelling house is individually a certain building, which consists of one or more apartments, as well as common areas-in a residential house.



3. Apartment is structurally separate dwelling in a residential house, consisting of one or more rooms and facilities support the use, designed to meet the citizens of domestic and other needs related to their stay in it, as well as providing direct access to common areas in a residential house.



4. room is part of the House or apartment, intended for use as a place of residence directly in a residential home or apartment.

(As amended by the law of Turkmenistan dated October 24, 2015-Statements of the Mejlis of Turkmenistan, г., no. 2015 _ calendar _) article 13. Appointment of residential premises. Use of residential premises



 



1. Premises intended for habitation by citizens.


2. Permitted use of residential premises for the exercise of professional activity or individual entrepreneurial activities of nationals residing lawfully in it, if it does not violate the rights and lawful interests of other citizens, and does not contradict the requirements of the residential premises.
3. Use or residential rentals of public housing for the needs of industrial nature, as well as offices, stores, warehouses, catering is not permitted, their placement in a residential block of flats premises is only permitted after the established order of the residential premises in uninhabited.


4. use of dwelling is carried out taking into account the observance of the rights and legitimate interests of persons living in the residential premises, their neighbors, the requirements of fire safety, sanitary and environmental requirements, as well as other requirements of the legislation of Turkmenistan, in accordance with the rules of operation and maintenance of premises approved by the Cabinet of Ministers of Turkmenistan.

5. Owners of residential premises may unite in any prohibited unification of the legislation of Turkmenistan to share living quarters.
 


Article 14. Housing Fund of Turkmenistan



 

1. the premises on the territory of Turkmenistan, as well as other accommodation buildings form the Housing Fund (hereinafter referred to as housing).
2. In housing does not include non-residential premises in premises intended for commercial, domestic and other needs.


 



Article 15. Types of housing



 

1. Depending on the form of ownership of the housing stock is classified into: 1) private housing stock-combination of residential premises belonging to the ownership of natural persons and legal entities, based on non-State form of ownership;
2) public housing, consisting of: (a)) public local housing stock-aggregate premises belonging to the State-owned and administered by the local authorities and the Gengeshi;
(b)) of the State of departmental housing-aggregate premises belonging to the State-owned and administered by bodies of State power and administration.
2. Depending on the purpose of the housing stock is classified into: 1) social housing stock-combination of conferred by the treaties of rent of public housing;
2) specialized housing is a set of premises of public housing intended to stay for some categories of citizens;
3) individual housing stock-combination of private residential housing used by citizens-owners of such premises to their residence, residence of the family members or other persons on conditions, as well as gratuitous use of legal persons-owners of such residential accommodation for citizens in these terms of use;
4) housing commercial use-a set of private residential housing used by their owners for the residence of citizens on the terms of the compensatory, as well as other agreements on possession or use.
3. forced removal of residential local bodies of executive power and Gengešami or other public bodies in the houses of private housing and public housing is not permitted, except in cases provided by the present code and other normative legal acts of Turkmenistan.
4. in case of transfer of State-owned enterprises, institutions and organizations in different form of ownership or restructuring residential premises located in their jurisdiction, in the prescribed manner shall be transferred to successors of these enterprises, institutions and organizations (if defined) or other legal entities or local authorities and the Gengeshi, preserving all the housing rights of citizens, including the right for privatization of dwellings. The new owner, the owner of the residential premises becomes the landlord under conditions previously signed contract.
5. the transfer of accommodation facilities from one type of housing to another is carried out on the grounds defined by the present code and other normative legal acts of Turkmenistan.


 



Article 16. Housing management



 

1. public administration in the use and preservation of the housing stock is carried out in accordance with the legislation of Turkmenistan by the Cabinet of Ministers of Turkmenistan, other governmental authorities, bodies of local executive authorities and Gengešami, as well as specially authorized State bodies.
2. Management of public housing are monitored by the local local executive authorities and Gengešami and formed by bodies under their control.
3. Management of Government departmental Housing Fund is administered by the public authorities and management formed by subordinate enterprises, institutions and organizations.



4. Housing management housing associations is carried out in accordance with the statutes of their Governments.



5. the Office of the private housing stock is carried out directly by the owner, as well as formed by (appointed, elected) organs or through proxies.



 



Article 17. State registration of housing 1. State accounting housing regardless of the form of ownership is a common rule in accordance with the procedure set by the Cabinet of Ministers of Turkmenistan.

2. State registration of housing stock along with other forms of its accounting should include a technical accounting of the Housing Fund, including its technical inventory and technical certification (with issuing technical passports of dwellings-documents containing information on residential premises associated with ensuring that premises requirements).
 
Article 18. Translation of residential premises in the non-residential premises and industrial premises the premises 1. Translation suitable for living accommodation in non-residential premises is not allowed. In exceptional cases, of residential premises in the non-residential premises, industrial premises the premises allowed taking into account compliance with the requirements of this code and the legislation of Turkmenistan.
2. the transfer of accommodation in non-residential premises is not allowed if: 1) regarding access to the premises will not be possible without the use of premises, providing access to the accommodation, there is no technical possibility to equip such access to the premises;
2) dwelling, translated in non-residential premises, or part of a dwelling used by the owner of the premises or other natural person as a place of permanent residence;
3) ownership of the dwelling, translated in non-residential premises, burdened with the rights of any other persons;
4) living room, translated in non-residential premises, located in a residential building and translation is to use it for the needs of industrial character.  
3. the transfer of apartments in a residential building in the non-residential premises is permitted only in cases where such an apartment is located on the first floor of the specified House or above the first floor, but the premises, located directly below the apartment, translated in non-residential premises are not residential.
4. Translation of non-residential premises in the residential premises is not allowed if: 1) premises do not meet the requirements established for residential premises, or there is no way to ensure that such premises;
2) ownership of non-residential premises, translated in the living room, burdened with the rights of any other persons.
 
Article 19. Order of transfer of residential premises in the non-residential premises and industrial premises the premises 1. Translation of residential premises in the non-residential premises or premises the premises is carried out on the basis of decision of local executive authorities or Gengeša on the application of the owner of the relevant premises or his authorized agent (a person).
2. Statement on the transfer of non-residential premises residential or non-residential premises in the residential premises with the application documents stipulated by normative legal acts of Turkmenistan, shall be considered by the authority of local executive authorities or the local Council. Authority of local executive authorities or local councils of the decision shall promptly inform the applicant and the owners of the premises adjacent to the premises in respect of which accepted the decision.
3. If necessary, carrying out refurbishment or redevelopment for residential transfer non-residential premises or non-residential premises in the residential premises, or other works to ensure the use of such premises as a dwelling or non-residential premises requirement on its conduct, as well as the list of works to be undertaken shall be specified in the decision of the authority of local executive authorities or Gengeša.
4. If the transfer of residential premises in the non-residential premises and industrial premises the premises are not required to conduct work covered by paragraph 3 of this article, the decision to transfer the residential and non-residential premises and industrial premises the premises confirms the translation completion facilities and considered document justifying to use the premises as a dwelling or non-residential.
If the translation of non-residential premises residential and non-residential premises in the residential premises is provided by paragraph 3 of this article, taking into account the relevant decision of the project works, prepared and issued in accordance with the established procedure, is the basis for converting or redevelopment of the residential premises, or other works. After the completion of refurbishment or redevelopment of residential premises or carry out other works of their acceptance is carried out in the manner prescribed by normative legal acts of Turkmenistan.
5. when using the premises after his transfer to the category of residential or non-residential premises requirements of fire safety, sanitary, environmental and other requirements established by the legislation of Turkmenistan, including the requirements for using non-residential units in apartment buildings.  
 

Article 20. The concept of refurbishment and redevelopment of residential premises 1. Alterations to the dwelling represents the installation, replacement or transfer service networks, plumbing, electrical or other equipment requiring a change in the technical passport of the residential premises, conducted on the basis of a decision of the authority of local executive authorities and Gengeša.
2. Re-housing is a change in the configuration, which requires a change in the technical passport of the living premises, takes place on the basis of a decision of the authority of local executive authorities and Gengeša.
 
Article 21. The order of carrying out alteration or redevelopment of residential premises 1. Re-equipment or re-planning of residential and non-residential space in a residential building are possible with the consent of their owner and if there is a project made a legal or natural person responsible for the conformity of the works construction norms and regulations. Project's compliance with the mandatory requirements is confirmed by an authorized State body in the field of architecture and town planning in the order established by the legislation of Turkmenistan.
2. the responsibility for the conformity of the project performed in kind alterations or reconfiguration of premises bear the owner's premises and artist works in the manner prescribed by the legislation of Turkmenistan. In the case where the alteration or alterations affect the interests of other owners, they are carried out with their prior written consent.
 
Article 22. Effects of unauthorized alteration or redevelopment of residential premises 1. Alteration or re-housing, held without a decision of local executive authorities or Gengeša, the consent of the owner or the project or refurbishment, unauthorized admits redevelopment.
2. the owner or employer illegally converted or pereplanirovannogo dwelling in the manner and terms set by the authority of local executive authorities or the local Council is obliged to bring such accommodation.
3. In the case of non-observance of the requirement of bringing illegally converted or pereplanirovannogo dwelling in previous state within the prescribed time limit, the authority of local executive authorities or local councils shall have the right to request the Court to give the owner or employer illegally converted or dwelling pereplanirovannogo duty to bring it to its previous state. Appeal of an agency of local executive authorities or Gengeša legal action shall not relieve the owner or employer illegally converted or pereplanirovannogo residential premises of responsibility provided for by the legislation of Turkmenistan.
4. If the unauthorized alteration or redevelopment of residential premises are not violated rights and legitimate interests of third parties or it does not threaten their life and health, dwelling on the basis of a court decision can be persisted in a converted or pereplanirovannom condition.
 
SECTION II. PRIVATE HOUSING Chapter 3. The acquisition of private property rights to housing, article 23. Right to acquire residential property in private ownership 1. Natural or legal person, based on non-State form of ownership may have owned living quarters, purchased in accordance with the legislation of Turkmenistan (hereinafter private dwelling).
2. The number and size of private residential premises of a physical or legal person shall not be restricted.
3. acquisition of citizens private property rights to housing is ensured by the establishment of special land fund for the construction of an individual apartment house private property, construction of individual houses of private property, using the means of long-term soft loans and other measures and is carried out in accordance with the established procedure by mortgage and other means provided for by the legislation of Turkmenistan.


4. The right to private ownership of a dwelling house, which consists of one apartment and is part of the residential complex and residential premises, located in a tenement house, can be acquired through joint construction of residential premises with equity participation of natural and legal persons. In accordance with the size of the equity right of private ownership of residential property is executed.

5. legal persons based on non-State form of ownership, may acquire the right of private ownership of residential property through the construction of residential premises at their own expense, as well as at the expense of investment, raised in accordance with the legislation of Turkmenistan.


6. accommodation, privately owned, could not be withdrawn or their owners may not be deprived of the right of ownership in the dwelling, except in cases established by the legislation of Turkmenistan.

(As amended by the law of Turkmenistan dated October 24, 2015-Statements of the Mejlis of Turkmenistan, г., no. 2015 _ calendar _) article 24. The basis for the right of private ownership of dwelling



 



The right of private ownership of housing or the part of it occurs on the following grounds:



1) building a House (of the House);




2) implementation of purchase-sale, Exchange, donation and other civil-legal transactions concluded in accordance with the legislation of Turkmenistan;



3) obtaining residential property by inheritance;



4) acquisition with a condition of payment by receiving in the prescribed manner, on a long-term basis, the preferential target credit funds;



5) acquisition of employer his residential premises of public housing through its privatization (purchase or donation);



6) a member of the housing partnership of the whole amount for the dwelling unit;



7) providing residential property on the basis of a contract on construction of the home sharing physical or legal person based on non-State form of ownership, own funds;



8 a dwelling) as compensation for the loss of housing, property, operating as a result of demolition or compulsory retirement housing from the owner to the relevant public authorities in the manner prescribed by the legislation of Turkmenistan;

9) on other grounds, not inconsistent with the laws of Turkmenistan.


 

Article 25. Features of the outbreak, the transfer of the right of private ownership of premises 1. The right of private ownership of the newly erected residential building on land allocated in accordance with the established procedure, arises from the moment of State registration of its reception in accordance with the legislation of Turkmenistan.
2. Contract of purchase and sale, donation and exchange of residential premises is in writing by writing signed by the parties, and is subject to notarization and State registration, unless otherwise provided by the legislation of Turkmenistan.
3. Failure to comply with the form of the contract of sale of a dwelling entails its invalidity.
4. the contract of alienation of residential premises with the condition of permanent alimony must be notarially certified in accordance with the legislation of Turkmenistan.
5. sharing living quarters under the conditions and pursuant to the procedure established by the present code and other normative legal acts of Turkmenistan.
6. The right to private property on the premises of public housing stock privatization occurs in accordance with the legislation of Turkmenistan.
7. the right of private ownership of dwelling housing partnership comes after full payment of its members share for residential premises.
8. The right to private ownership of residential property can be transferred to the State in the manner prescribed by the legislation of Turkmenistan.
9. The right to private ownership of residential property by succession occurs on grounds provided for by the legislation of Turkmenistan.  
 


Article 26. The acquisition of private property rights to housing from the State housing stock privatization in order 1. The tenant of a dwelling with the consent of the State Housing Fund, living together with him the adult members of his family shall have the right to privatize the living room under the conditions and in accordance with established legislation of Turkmenistan.



2. The privatization of housing facilities from public housing tenant of this living room transforms into a common joint property of the employer and all living together with him family members including temporary absentees and minors, unless otherwise provided by the contract.



 

Article 27. Provision of residential premises in the private property demolition of private residential premises in connection with the seizure of land for State and public needs 1. Demolition of private residential premises in connection with the seizure of land for a public purpose (hereinafter referred to as the repossession of land) to the owner, living together with him members of his family, as well as other persons permanently living in these premises until the demolition of the residential premises with the consent of these persons and the choice of the owner, in return, is available for private ownership comfortable dwelling other equivalent (excluding auxiliary premises designed to meet the domestic and other needs) or paid compensation amounting to the cost of the demolished dwelling, its subsidiary outbuildings and other structures and plantings.
2. The provision of dwellings to private ownership in return for house demolitions of private residential premises, its subsidiary outbuildings and other structures and plantings in connection with the seizure of land or the reimbursement of their value is carried out in accordance with the procedure established by the Cabinet of Ministers of Turkmenistan.
3. Demolition of private residential premises in connection with the seizure of land owner, members of his family, as well as persons residing permanently in this room, at their request, within the established norm is available land for construction and maintenance of individual dwelling on it with the payment of the cost of the demolished dwelling, its subsidiary outbuildings and other structures and plantings. While in private property of an individual dwelling is granted temporary accommodation on the terms of the contract of employment for a period not exceeding 3 years.

4. In case of withdrawal land on which are private residential premises, its auxiliary farm buildings, other buildings and plantations belonging to the ownership of legal entity is granted the equal property and other losses incurred will be reimbursed or reimbursed in full damages caused by the seizure of land.
5. At the request of individuals and legal entities, private residential premises which were slated for demolition in connection with the seizure of land plots can be built equivalent well-furnished accommodation at the new location within the village and provided them to the property. When the cost of the dwelling, its subsidiary outbuildings and other structures and plantings are not performed.
6. With the consent of the natural and legal persons on the right of ownership are private residential premises, its auxiliary outbuildings and other structures to be demolished in connection with the seizure of land, can be moved and rebuilt at the new location within the village. At the same time, all the costs of the transport and the restoration of the dwelling, its subsidiary outbuildings and other structures are produced due to the authority, which has seized land. Order of transfer of private residential premises, its subsidiary outbuildings and other structures are being demolished in connection with the seizure of land plots, to a new location within the village is established by the Cabinet of Ministers of Turkmenistan.
 


Article 28. The acquisition of the right of private ownership of premises on the basis of the Treaty on the sharing of the natural or legal person's own funds in the construction of residential house



 



1. the right of private ownership of residential premises may occur with the participation of a natural or legal person, based on non-State form of ownership, own means (investment) in the form of payment for dwelling premises after the start of financing construction of residential premises.



2. Agreement for the investment of the construction of residential premises is issued before the commencement of construction, with an indication of the rights and obligations of the parties.



3. The right to private ownership of such dwelling occurs after completion of construction from the moment of State registration after his admission in accordance with the legislation of Turkmenistan.



 

Article 29. The right of common ownership of premises 1. Two or more citizens may acquire the right of common ownership of dwelling construction, in the case of a joint acquisition of a dwelling house by civil-legal transactions or inheritance, as well as in other cases not contradicting the legislation of Turkmenistan.
2. Dwelling that is owned by several persons, belongs to them by right of common joint property. 3. Premises located in common ownership may be divided between the owners in the manner prescribed by the legislation of Turkmenistan.
4. features of joint spousal ownership rights to residential premises are determined by the legislation of Turkmenistan.
 
Article 30. Free trade market of premises 1. In order to effectively utilize and housing development, creating the necessary conditions to meet citizens ' needs in the residential premises, the public authorities shall promote the establishment and development of real estate market in the area of housing.
2. How to create residential market and conduct free trade premises shall be determined by the legislation of Turkmenistan.
 
Article 31. State registration of the right of private ownership of dwelling and related transactions 1. The right of private ownership of dwelling, emergence, transition, limitation and the cessation of this law are subject to state registration.
2. the State registration of the right of private ownership of residential property and transactions is done by making information about them in a public register, approved in accordance with the legislation of Turkmenistan, and confirmed by the issuance of the relevant document or a corresponding inscription on the document submitted for State registration.  
3. A refusal of State registration of the right of private ownership of residential property and transactions therewith or violation of the terms of registration can be appealed in the courts.
 
Chapter 4. Use of private residential premises, article 32. Basic rights and obligations of the owner of private residential premises 1. The owner of the private dwelling shall have the right to freely possess, use and dispose of them in its sole discretion, if this does not infringe the rights of neighbours or other third parties and is not contrary to the legislation of Turkmenistan. The owner of the residential premises, the right of private ownership of that acquired through the purchase of a dwelling is wholly or partly at the expense of the credit until its maturity is not entitled to dispose of the residential premises without the consent of the creditor.

2. the use of the owner of the residential premises or part thereof as uninhabited does not require permission to do so by the public authorities. When the owner of the private dwelling must comply with construction, sanitary, fire protection and other mandatory norms and rules. The use of the owner of private residential premises or part thereof as uninhabited must not violate the rights and legitimate interests of other citizens.
3. The owners of premises in apartment premises are required to participate in the General cost on its content. The dimensions of the cost of each of the owners of residential premises shall be determined by agreement between them.
 
Article 33. The right of the owner of private residential premises on plot 1. Sale, donation, inheritance of private residential premises, an unfinished residential building entail a transition of land ownership to the new owner of a residential building in the same amount of entitlements, which possessed the previous owner of the House.  
2. the rights of owners of residential houses on land, fixed per dwelling, are determined by the land legislation of Turkmenistan.
 
Article 34. Family members of the owner of private residential premises 1. Family members of the owner of private residential premises are persons who have rights and obligations based on family relationships, i.e. spouse, their children and the parents of spouses.
2. the members of the family of the owner of private residential premises may be recognized by the Court and other persons, if they live with the owner of the residential premises and conduct a common household with him for at least five years.
3. Disabled dependents are family members of the owner of private residential premises, if they permanently reside with the owner of the residential premises.
 
Article 35. The rights and obligations of the members of the family of the owner of private residential premises 1. Family members of the owner of private residential premises are entitled to enjoy them on an equal footing with the premises in the residential premises, if the universe was not otherwise specified.
2. the members of the family of the owner of private residential premises is entitled to give the premises provided by the owner of the residential premises, their minor children, occupation of other family members is allowed only with the consent of the owner of the residential premises.
3. For family members of the owner of the private dwelling is retained the right to use the dwelling and in cases of termination of family relations with the owner of the residential premises, the procedure for the exercise of this dwelling in this case shall be determined by agreement between the owner of the residential premises and former members of his family.
4. Exclusion of residential premises where minors, family members of the owner of private residential premises is allowed with the consent of the Department of custody and guardianship, guardianship and curatorship, in the manner prescribed by the legislation of Turkmenistan.
5. Adult members of the family of the owner of the privatized residential property and others, consented to the privatization, have equal rights and bear equal responsibilities with regard to the privatized residential property that is their common property. Sale, gift, Exchange, leasing rentals privatised dwelling is made with the consent of the adult family members of the owner of the residential premises and other persons permanently living in the residential premises.
 
Article 36. Use of the private living accommodation provided by a testamentary denial or based on treaty annuity 1. A person who has been granted the right of use to a denial of the value of their private residential premises for the duration specified in testamentary, uses data from the living accommodation on a par with the owner of the residential premises. Upon expiry of the term of use for private residential premises, the established; the right to use the refusal to the person concerned shall cease, except the right to use the dwelling the person on other lawful grounds.
2. a person living in a private residential premises on the basis of a contract of annuity, without the consent of the owner shall not be entitled to dispose of or otherwise encumber the premises passed, except residential mortgage providing lifelong maintenance requirements. In case of termination of the contract, private dwelling-place annuity will be passed to the owner.
 
Article 37. Sharing living quarters from the private housing 1. The owner of the residential premises of private housing, with the consent of the cohabiting with him members of his family, including temporarily absent, has the right to redeem this dwelling on the premises of another person, its on the right to private property, on the premises of public housing with the mutual transfer of corresponding rights and obligations.
2. However, between owners of residential premises is a contract of barter and order requirements, which are established by the legislation of Turkmenistan.
 
Chapter 5. Rentals of residential premises in the private housing Article 38. Renting residential premises rent
 

1. The owner has the right to lease rental tenants living area, which is home to myself, or premises, including residential accommodation, designed to provide hire for permanent or temporary residence.
2. Living conditions in the residential premises rent received (deadline, fees, rentals and assignment of responsibilities for the repair, grounds for eviction of tenants and others), shall be determined by the present code and other normative legal acts of Turkmenistan, as well as the contract between the landlord and the tenant.
3. Select persons who rent vacation accommodation, is made the owner of the dwelling unit to which it belongs by right of private property.
 
Article 39. Conditions of employment of the dwelling in which the owner resides not 1. The owner of the residential premises of the private housing stock, which does not live it himself and members of his family, with the consent of the latter can provide living space garage under the Treaty signed in writing.
2. Vacation may be provided to a single dwelling or a private residence is suitable for room (rooms), the corresponding construction, sanitation, fire and other mandatory requirements.
3. The employer shall have the right to make room employed family members, tenants and subtenants, unless otherwise provided by the contract of employment.
4. The employer shall have the right to leave the premises hired for a term not exceeding six months, unless otherwise provided by the contract. When the absence of a treaty is effective only with the consent of the landlord.
5. validity of the contract of employment shall terminate on the expiration of the established parties or the occurrence of the circumstances specified in the contract. Contract expiration and no other grounds for termination, the landlord can be terminated at any time with a warning to the employer not less than three months.
Premature termination of the contract on request the landlord permitted the employer to comply with the terms of the contract of employment, as well as on the grounds defined by the legislation of Turkmenistan.
Upon termination or cancellation of the contract the tenant together with all living persons evicted him without providing alternative accommodation.
6. In case of early termination of the contract of employment by the employer, he shall be obliged to notify the lessor, not less than one month or to the established fee contract for that month.
Specified period shortens if before the period provided for in the Treaty or other circumstance, terminates the contract, less than a month.
7. the tenant's family member residing together with him, in accordance with the terms of the contract of employment is becoming the same right to use the dwelling as an employer, if you prefer a family member between him and the tenant had no agreement.
8. in case of transfer to another person of the property right to an apartment or a House, in which the residential premises rent payments, employment contract remains in force for the new owner, unless otherwise provided by the contract between the employer and the owner of the dwelling-house rent who.
 
Article 40. The employment conditions of dwelling, in which resides the owner 1. In a flat or House in which the owner resides, the employer may be granted vacation dwelling or part thereof, including apartment or a part of the apartment, ensuite room or part of a room. If staying in a residential home or apartment a few owners to rent residential premises rental requires the consent of all the owners.
2. the tenant of a dwelling under part 1 of this article may, without the consent of owners not inspire other individuals, including members of his family.
3. Upon expiry of the term of employment, the employer acquires the right to not renew their contract and upon demand by the landlord evicted without the provision of alternative accommodation if it does not contradict the legislation of Turkmenistan. The employment contract can be terminated by the landlord on demand ahead of time if you fail to comply with the conditions of the contract of employment by the employer, as well as for good contingency or on grounds provided for by paragraphs 1-4 of the first paragraph of article 115 of this code.
4. a contract of employment provided for in the first paragraph of this article, without specifying the duration, may be discontinued by the host in the manner provided by paragraph 5 of article 39 of this code.  
 
Article 41. The legal position of the sub-tenants and temporary residents 1. The living conditions of the contract between the employer defines sub-tenants living quarters and podnanimatelem (hereinafter referred to as the Treaty, unemployment).
2. sublease Agreement is terminated after the parties or the occurrence of the circumstances specified in the agreement.
Early termination of the contract, on demand of employer may podnanimatelem, breach of contract and by the contracts that do not establish the time limit or other grounds for termination at any time with the warning not subtenant in less than a month. Sublease contract terminated also in cases of forced termination of the right of ownership in the dwelling, provided for in article 59 of this code.
3. A sublessee shall have the right to terminate the agreement at any time, unless otherwise provided by the contract, unemployment.

4. Upon termination of the agreement or termination of sublease tenant, a subtenant evicted without providing alternative accommodation.
5. an employer may give accommodation temporary residents without their sublease contract. Conditions of stay of temporary residents are defined by the employer.
6. Temporary tenants subject to eviction without providing alternative accommodation on request of the employer at any time with a warning, at least seven days.
Article 42. Eviction of sub-lessee and temporary residents in the event of termination of employment contract upon termination of the lease contract is terminated at the same time, unemployment. Podnanimateli and temporary tenants upon termination of the contract of employment subject to eviction without providing alternative accommodation.
 
Chapter 6. Housing partnership Article 43. Education housing associations 1. In order to meet the needs of residential areas, natural and legal persons, based on non-State form of ownership, are entitled to on a voluntary basis to form and be members of housing associations (hereinafter referred to as partnership).



2. Partnership formed for the construction, acquisition of the dwelling house, its management and use it for their stay.

3. the members of the partnership their funds are involved in the acquisition, construction, reconstruction and subsequent content block of flats.
4. the activities of the partnership are governed by statute, adopted in accordance with the legislation of Turkmenistan.
 
Article 44. Conditions of membership in the partnership 1. The partnership can be created if there are at least three persons who have attained the age of 18 living in the area, where it is organized, as well as with the participation of legal entities.
2. the existence of a natural or legal person that enters into a partnership, dwelling on the property right cannot constitute an obstacle to the entry into it, just as it cannot be limited to the number of dwellings that are entitled to the Member of the partnership, and their dimensions, unless otherwise provided by the Charter.
 
Article 45. Charter of partnership 1. Charter of partnership was adopted at its general meeting, with the participation of no less than two thirds of members by a simple majority.
2. The Statute should contain: 1) the name and purpose of the activity;
2) location (legal address);
3) ordering the liquidation and distribution of property;
4) Board member information (name and surname, date and place of birth, address of place of residence);
5) appointment Board meetings and decision-making;
6) functions of other organs of management and control;
7) order entry;
8) rights and duties of members;
9) the powers of the general meeting of members;
10) size of entrance and other contributions;
11) procedure for deposit of rent residential premises or its use as uninhabited;
12) check-in conditions of temporary residents;
13) procedure for use of premises under section share;
14) the procedure and conditions for the transfer of the rights and duties of a member of the partnership to other persons;
15) other terms and conditions of use of residential and commercial property in the House of the partnership;
16) the grounds for exclusion from the partnership.
 
Article 46. State guarantees of activity of company 1. The partnership, which is created to meet the needs of every citizen in comfortable housing, and its members are guaranteed the right to receive State support. Material and financial support and monetary benefits provided by the partnership in the prescribed manner, may be prescribed by the laws of Turkmenistan.
2. Procedure for providing the partnership of land plots for construction of living quarters, and granting him preferential long-term credits on the basis of appropriate collateral shall be established by the legislation of Turkmenistan.
3. For the financing of activities of the company may be held on a voluntary basis investment of funds obtained from illegal sources, not the laws of Turkmenistan.
 
Article 47. State registration of partnership and real estate belonging to him 1. The partnership acquires the rights of a legal entity from the moment of its State registration. State registration of the partnership shall be effected in the manner prescribed by the legislation of Turkmenistan.
2. Belonging to the partnership on the ownership of real estate is registered in the manner prescribed by article 31 of the present code. Is logged every residential and non-residential premises in the residential areas of the partnership, provided for use by each of its members.
 
Article 48. The right of family members of a member of the partnership 1. Belonging to the family members of a member of the partnership shall be determined in accordance with article 34 of this code.
2. the spouse of a member of the partnership has the right to part of the unit, if the payments were made between Pai of married life together, unless otherwise specified by an agreement between them.
3. the right to a share is transferred to the heirs of a deceased member of the partnership in accordance with the legislation of Turkmenistan.
4. the members of the family of a member of the partnership who have the right to part of the share in respect of a dwelling used shall enjoy the same rights and bear the same responsibilities as member of the partnership. Other members of the family of a member of the partnership have the right of permanent abode in his dwelling.
 
Article 49. Termination of membership in the partnership
 

1. membership in the partnership is terminated in the following cases: 1) voluntary withdrawal;
2) unsuitability for further use of the dwelling as a result of a natural disaster, fire, emergency condition or other emergency;
3) death of its members;
4) exclusions from it;
5) termination of the activity of the legal person;
6) Elimination of camaraderie.
2. Member of the partnership may be expelled from membership on the basis of a court decision in cases of: 1) systematic destruction of or damage to the dwelling, as well as other property;
2) systematic violation of rules of the hostel, if this makes it impossible for others to stay with him in the same premises or the use of non-residential premises in the House and preventive measures and public exposure proved futile;
3) in other cases stipulated by the Charter.
 
Article 50. Implications of a withdrawal or exclusion from the partnership 1. At the exit of a member of the partnership from its composition to make them the full amount of the shareholding preferential right to enter into a partnership acquires a family member living in the residential premises and eligible for part of the shareholding.
2. Eliminated member can specify with the consent of a family member who has a right to part of the shareholding, another natural person or legal entity, to whom he wishes to transfer the rights and obligations of members. Such individual or legal person acquires a preferential right to enter into a partnership.
3. in other cases, the priority right to entry into Fellowship goes to other family members who reside in residential premises, one of which by common consent of the family enters into partnership. If no agreement is reached, the question of joining the Association of one member of this family is decided by the general meeting of the partnership.
4. Member of the partnership, then from it on the basis of paragraphs 1 and 2 of part 2 of article 49 of this code, as well as his family members and other persons using the dwelling, found guilty of violating the rules of the hostel, the destruction or damage of residential premises or other property of the partnership are to be evicted from the premises without the provision of alternative accommodation. Other members of the family isklûčënnogo from the partnership retained the right to stay in residential premises, provided that one of them becomes a member of the Association. Right of first refusal to enter into a partnership while enjoying family members eligible for part of the unit.
5. If in the destruction, damage or violation of the rules of the hostel guilty members of the family of a member of a partnership or other entity using the residential premises, evictions without alternative housing being offered, only the perpetrators.
6. If the Charter of partnership installed additional grounds for de-listing, it shall be provided with appropriate consequences of deleting from the partnership.
7. accommodation being vacated in connection with the release of a member of the partnership from its composition or de-listing in the absence of natural or legal persons eligible to join the Association in accordance with this clause, by decision of the general meeting are provided to a person newly adopted members of the partnership.
8. The person eliminated or isklûčënnomu of the members of the partnership, in the manner prescribed by the legislation of Turkmenistan, returns paid them with a share contribution credit cash obligations to the partnership.
 
Article 51. Making a member of the Association of the full amount of shareholding for accommodation 1. Making a member of the Association of the full amount of the shareholding is grounds for acquisition of ownership in the dwelling.
2. Member of the partnership, acquired ownership of the dwelling, must register it in the manner prescribed by article 31 of the present code.
3. Member of the partnership, acquired the right of ownership to their living quarters, retains all other rights and obligations of membership. When exiting a person has acquired ownership of the dwelling-house camaraderie from membership in it, it retains the right to use the assets of the partnership outside the dwelling, as well as all responsibilities for the contents of such property and the enforcement of decisions of the managing bodies of the partnership, does not affect his ownership.
 
Article 52. Reorganization and liquidation of partnerships 1. If ownership of the dwelling-house camaraderie passed to his members, have paid the full amount of the share, by decision of the general meeting of members of the partnership can be transformed into an Association of owners of residential premises.
2. the company may be liquidated on the grounds and in the manner prescribed by the laws of Turkmenistan.
 
Article 53. Members of the partnership to ensure accommodation in connection with the demolition of their dwelling in the case of house demolition camaraderie on the grounds provided by the present Code, to persons evicted from its members and living together with the members of their families regulation stipulated by this code.
 
Chapter 7. The right of common ownership of real estate and other property in a residential house.
Association of owners of residential premises Article 54. Ownership of common property owners living quarters in tenement house
 

1. common property owners living quarters in tenement house belonged to porches, flat landings, stairs, elevators, attics, cellars, owned by this House, not part of the premises used as a dwelling, bearing and non-load bearing constructions of this House, part of the water pipeline, sewer and electrical networks and other service facilities and equipment installed inside or outside the living quarters and serving two or more apartments objects of accomplishment, gardening and the other located on this land and designed to serve the residential premises, maintenance and improvement (hereinafter referred to as the common property in apartment building). The order of the operation and maintenance of the common property in apartment house is established by the Cabinet of Ministers of Turkmenistan.
2. Owners of dwellings in blocks of flats owned and enjoyed in an order stipulated by this code and the laws of Turkmenistan, dispose of common property in a residential house.
3. Change the size of the common property in apartment house by its reconstruction is only possible with the consent of all owners of dwellings in this House.
4. Objects of common property in apartment house by decision of the general meeting of owners of dwellings in this House can be transferred to other persons, if it does not violate the rights and lawful interests of owners of residential premises.
 
Article 55. Determination of shares in ownership of objects of common property in apartment house 1. The size of the share in the common property of the block of flats is determined by the ratio of the total area of residential premises, private property owner, with a total area of block of flats according to the number of premises in the private property of the owner of the residential premises, its height and other conditions.  
2. in case of transfer of ownership of the dwelling area share the new owner of the residential property in ownership of common property in apartment house equal to that of the previous owner of the residential premises in the property right to the common property in a residential house.
3. the owner of a residential premises in a tenement apartment building has no right to dispose of their share in the common property of the multi-family dwelling house, abandon it in favor of other persons, as well as perform other actions, entailing the transfer of his shares in the ownership of common property, apart from residential premises owned by him on the right of ownership.
 
Article 56. Participation in the costs of maintenance of common property in apartment house Owners of residential premises bear the costs of maintenance and repairs of the common property of the block of flats in proportion to its share in the common property of the block of flats.
 
Article 57. Association of owners of residential premises 1. Set of owners of dwellings in multi-family house is a partnership of owners of residential properties, which operates on the basis of the public authorities.
2. the main objective of the partnership of owners of residential premises is to ensure the exploitation and preservation of multi-family residential building in accordance with the legislation of Turkmenistan, joint definition of conditions and procedures for the ownership and use of the common property in a residential house.
3. The owner of the residential premises shall not have the right to demand elimination of proprietors of dwellings, except for cases of complete or partial destruction of the block of flats.
4. The procedure of organization and activity of the partnership of owners of dwellings is determined by normative legal acts of Turkmenistan.
 
Chapter 8. Termination of ownership rights to residential premises Article 58. Termination of ownership rights to residential premises 1. Ownership of the premises is terminated when his alienation of the owner of the residential premises to another person in the event of the death of the owner or, in the case of destruction of residential premises, and also in other cases stipulated by the legislation of Turkmenistan.
2. When selling their share of one of the participants in share ownership emtion dwelling has another participant share ownership. If the acquisition of sellable share claimed by several participants in the share ownership, the right to choose the buyer belongs to the seller. The procedure for exercising the right of primary purchase of a share in the common ownership of dwelling is determined by the legislation of Turkmenistan.
 
Article 59. Forced the cessation of ownership of premises 1. Forced the cessation of recognized ownership of the premises in addition to the will of the owner. Forced the cessation of ownership of premises is allowed in cases: 1) foreclosure for debts of the owner of the residential premises together with land;
2) forced retirement dwelling from the owner in emergency situations in accordance with the legislation of Turkmenistan;
3) confiscation;
4) seizure of the land on which the House is located, for State or public needs.

2. When forced termination of ownership rights to residential premises on the grounds referred to in paragraph 2 of this section, the owner shall be paid monetary compensation in the amount of the value of the dwelling or reimbursed losses and returned to living room after the termination of the emergency regime. 3. If you force the termination of ownership rights to residential premises envisaged by paragraph 4 of the first paragraph of this article shall be paid in damages caused by the owner and given comfortable accommodation in private property in the manner provided for in clause 27 of this code.
4. in case of termination of ownership rights to residential premises on the grounds provided for in paragraphs 1 and 3 of the first paragraph of this article, the owner of the residential premises and all persons residing in the izymaemom residential area, subject to eviction without providing alternative accommodation.
 
Article 60. Eviction from the premises of the family members of the owner and other residents 1. At the termination of ownership rights to residential premises on the grounds provided for in paragraphs 2 and 4 of the first paragraph of article 59 of this code, members (former members) of the family of the owner of the residential premises are evicted from the premises and acquire the right of residence in a residential area, received as compensation for its former premises.
Other persons living in the same apartment, evicted without providing alternative accommodation.
2. in case of termination of ownership rights to residential premises by the will of the owner of the dwelling (sale, donation) family members of the owner, the owner's former family members and temporary tenants are evicted without the provision of alternative accommodation if the contract purchaser of the dwelling does not stipulate otherwise.
Termination of ownership affecting the interests of a minor, which is the owner of the residential premises shall be permitted in accordance with the requirements of the fourth part of article 35 of this code.
 
SECTION III. STATE HOUSING FUND Chapter 9. Provision of residential premises of public housing Article 61. The composition of the public housing public housing consists of dwellings occupied by citizens on the basis of a contract of employment, the State of the local housing stock, administered by the local authorities and the Gengeshi and Government departmental housing administered by bodies of State power and administration.
 
Article 62. The right of citizens to obtain residential premises of public housing 1. The citizens requiring improvement of living conditions, have the right to obtain living quarters from the State housing stock for use on the basis of and pursuant to the procedure prescribed by this code and other normative legal acts of Turkmenistan.
2. the Accounting Rules of the citizens requiring improvement of living conditions, and providing them with living accommodation, shall be approved by the Cabinet of Ministers of Turkmenistan.
 
Article 63. The grounds for granting residential premises of public housing 1. Premises of public housing is available to Turkmen citizens residing permanently in this area related to the categories of persons requiring improvement of living conditions.
2. Premises of public housing can be provided as official dwelling to citizens of Turkmenistan in accordance with the present code and other normative legal acts of Turkmenistan.
3. a citizen of Turkmenistan (together with spouse and minor children) are entitled to receive this location only one premises of public housing, except for the cases when each spouse had the living room before marriage.
 
Article 64. Grounds for citizens in need of better housing 1. Citizens recognized as requiring improvement of living conditions on the grounds: 1) long stay on a sublease contract in premises belonging to the State Housing Fund, and under a contract of lease of residential premises, relating to other types of property, and the lack of alternative accommodation;
2) permanent residence in the dormitory except settlement in connection with the training of residence;
3) inconsistency dwellings established sanitary and other requirements;
4) stay in a residential area less than nine square meters for each person, in determining the amount of residential property must take into account the existence in a family of women with gestational age is not less than sixteen weeks;
5) stay in the same or adjacent rooms of two or more families, and families with children of both sexes;
6) availability of patients suffering from severe diseases, the list of which is determined by the normative legal acts of Turkmenistan, and in need of an isolated room.
2. other grounds for citizens in need of better housing can be installed in the legislation of Turkmenistan.
 
Article 65. Categories of citizens in need of State support to improve the living conditions of the 1. In the cases referred to in article 64 of this code to the needy in State support to improve the living conditions of citizens include:

1) Veterans of the great patriotic war, the spouse of the deceased (deceased), participant of the great patriotic war, veterans of the fighting in the territories of other States and Veterans-workers of the home front during the great patriotic war;
2) persons with disabilities of the I and II groups, mothers with disabilities and families raising children with disabilities taking into account requirements of individual rehabilitation programmes;
3) persons with dependent children, invalids from childhood;
4) orphans who have lost both parents;  
5) persons deprived of residential premises as a result of natural disasters, emergency situations;
6) persons on the upbringing which are four or more children;
7) persons who are family members of the deceased (deceased) in the performance of official or public duties, duty, saving of human life, the protection of the rule of law as well as radiation killed in accident or dies as a result of it;
8) persons retired from the military service on reaching the age limit for military service, as well as retired for health reasons or in connection with the opganizacionno-regular activities (with a total length of military service 10 years or more);  
9) one parent who educates one or more minor children living together with them.
2. other persons, referred to categories of citizens in need of State support to improve the living conditions and benefits can be provided for the legislation of Turkmenistan.
 
Article 66. Accounting of citizens with the right to be granted accommodation 1. Adoption of registered citizens listed in article 64 of this code, have the right to be granted accommodation from the State of the local housing stock, is carried out at the place of their residence in districts, cities, towns, etrap, etrap and villages in gengešlikah bodies of executive power, Gengešami (hereinafter referred to as the organ of the local executive authorities, local councils).
2. the list and form of documents required for adoption registration, determined by normative legal acts of Turkmenistan. The requirement for any additional documents is not allowed.  
3. Applications of citizens eligible for residential premises, registered them and members of their families shall be considered within one month. The decision on the application, the citizens are informed in writing.
4. a citizen may be denied registration if it is established that he was in need of better housing in their intentional deterioration during the previous five years by: 1) sharing a dwelling;
2) destruction of or damage to the dwelling, through its own fault;
3) departure from the premises during their stay in which he was not in need of better housing conditions;
4) installation of other persons, other than a spouse, minor or disabled adult children as well as parents.
5. Nationals registered in need of better housing can be removed from the registration in the following cases: 1) if grounds for granting have ceased dwelling;
2) departure for permanent residence to another locality;
3) submission of a citizen of untrue information about means to improve housing conditions;
4) complete construction of residential house belonging to private property, or acquiring housing.
6. The right to be registered to obtain living quarters saved for citizen in the following cases: 1) temporary departure to another area within the period of preservation of the right to use the premises, except the cases stipulated by the legislation of Turkmenistan;
2) transition to elected Office;
3) giving him the official living quarters or dormitories after setting the accounting;
4) in other cases stipulated by the legislation of Turkmenistan.
7. in cases where the departure of a citizen who has the right to be granted accommodation, consisting of registered permanent residence, to another locality or his death the order was retained for the remaining family members, together with him in the post, if not justifying for recognition of their need to improve their housing conditions.
8. Withdrawals from your stakeholders informed of accounting in writing in a three-day period after the decision, together with an indication of the reason for the decommissioning.
9. In case of detection of the fact that the citizen was put on accounting as a result of submission of untrue information about the means to improve the living conditions, but later emerged the grounds provided for in article 64 of this code, it is removed from the account and for considering bringing him to respective responsibilities in accordance with the established procedure is once again put to the account since the beginning of his right to be granted accommodation.
 
Article 67. The order of provision of premises 1. Accommodations are provided to citizens who are entitled to receive them, and taken at accounting, according to the priority on the basis of the lists drawn up in accordance with the established procedure for public participation.

2. the authority of local executive authorities, local councils ensures proper maintenance and preservation of unchanged lists of citizens eligible for the residential property and accounting. The following lists are maintained on the categories of citizens eligible for residential premises and accounting: 1) citizens have the right to be granted accommodation and accounting (General list);
2) citizens have the right to be granted accommodation, priority and accounting;
3) citizens have the right to the extraordinary dwelling receiving and accounting.
Citizens who have the right to obtain from the State local residential premises housing may be included in the corresponding list only by decision of the authority of local executive authority, Gengeša.
3. the allocation of premises (newly entered into operation or been rescued residents) from the State of the local housing stock, separate lists shall be made by the authority of the local authorities, the local Council in proportion to the number of separate lists, unless otherwise provided by the present code and other normative legal acts of Turkmenistan.
4. the rights of citizens with the right to be granted accommodation and registered, are equal. No one has the right to be granted accommodation and may not benefit from additional advantages or privileges, unless otherwise provided by the present code and other normative legal acts of Turkmenistan.
5. Lists of citizens eligible for residential premises and accounting, as well as lists of persons obtaining such premises in the past year, citizens are provided upon request for a fee. These lists must contain information about the order, family composition, timing of registration, the size of the dwelling space belonging to it, as well as providing housing.
 
Article 68. The right of priority in obtaining residential premises of public housing 1. Primarily residential premises of public housing are provided to the following categories of citizens requiring improvement of living conditions and commitment of accounting: 1) Veterans of the great patriotic war (except participants of the great patriotic war), spouses of deceased (deceased), participant of the great patriotic war, participants in the hostilities in the territories of other States, veterans-toilers in the great patriotic war.
2) Heroes of Turkmenistan, Soviet Union and Heroes of Socialist Labour, as well as individuals, as opposed to the order of «Altyn Asyr» three degrees;
3) individuals with disability groups I and II as a result of an occupational disease, injury, trauma or other injury caused to health associated with work responsibilities or duties of military service duties;
4) to the families of the victims in the performance of official or public duties or when saving a human life, the protection of the rule of law and the enforcement of a civil debt;
5) persons suffering from severe forms of disease, the list of which is determined by the normative legal acts of Turkmenistan, and therefore in need of an isolated room;
6) family members of a person who died as a result of the radiation disaster, or due to diseases from it;
7) mothers, awarded honorary title "Ene myakhri" Turkmenistan, large families with four or more children and single mothers;
8) families with children-twins;
9) workers and employees in good faith for a long time worked in manufacturing; time of work in the sphere of production for workers and employees may be determined by a decision of the labour collectives of the enterprises and organizations in collective agreements;
10) teachers and pedagogical employees of educational establishments of general secondary education, secondary vocational education;
11) orphans who have lost both parents.
2. In cases stipulated by the legislation of Turkmenistan, the right of priority in obtaining residential premises of public housing can be provided and other categories of citizens.
 
Article 69. The right to the extraordinary obtain residential premises of public housing 1. Out of turn dwelling premises of public housing is available to the following citizens requiring improvement of living conditions and the registration: 1) to the person whose premises had become uninhabitable as a result of a disaster, if it has no more living space for your stay;
2) participants of the great patriotic war and persons with disabilities in the fighting on the territory of other States;
3) incapacitated family members of the deceased (dead) participants of the great patriotic war, persons participating in hostilities in the territories of other States, as well as disabled because of their demographic and their dependants in receipt of a pension for loss of the breadwinner;
4) persons returning from orphanages, relatives, guardians or guardians, unless, under the law they have preserved the right of ownership to the former living room, but moving into this home is impossible for legitimate reason;

5) children with disabilities, being in institutions that are orphaned or without parental care, on reaching the age of majority in accordance with the individual rehabilitation programme they can perform self-service and maintain independent living;
6) graduates of specialized secondary, higher education institutions or receiving vocational education after higher education institution in another school and to work, if it is due to move to another locality;
7) illegally convicted, subsequently justified citizens, if it is not possible to return them to their former dwellings for legitimate reason.
2. In cases stipulated by the legislation of Turkmenistan, the right to the extraordinary obtain residential premises of public housing can be provided and other categories of citizens.
 
Article 70. Requirements for accommodation 1. Accommodation provided by the citizens for a stay must be well-developed in this village, isolated, suitable for individual accommodation and comply with the requirements of article 12 of this code.
2. Persons with disabilities, the elderly, people suffering from cardiovascular and other severe forms of disease, the list of which is determined by the normative legal acts of Turkmenistan, the premises of public housing is available according to their desires on the lower floors or in homes with elevators.
Persons with disabilities, in accordance with the individual rehabilitation programme have the right to choose dwelling with taking into account the type of building, extent of improvement and other essential conditions for their stay.
3. The size of the provided living quarters shall be not less than twelve square meters of living space per person, or at least a one-room apartment, except as provided for in article 104 of this code.
 
Article 71. The order of provision of residential premises of public housing 1. Unless otherwise provided by the legislation of Turkmenistan, premises of public housing is provided to citizens residing permanently in this area, taking into account their priorities.
2. When granting residential premises in order to prevent settlement of persons of different sexes (except spouses) in a room or Studio apartment specified standard of living space can be exceeded.
3. In determining the size of the dwelling is taken into account the presence in the family of a woman with a pregnancy at least sixteen weeks.
4. When granting residential premises to persons suffering from severe forms of disease, the list of which is determined by the normative legal acts of Turkmenistan, and therefore in need of a separate room, as well as those additional living space is needed on the conditions and nature of the work to be performed, an extra single room.
 
Article 72. The decision on granting residential premises. Dwelling-house warrant 1. Accommodation from the State of the local housing stock is available to address the authority of local executive authorities, Gengeša in the place of residence of the applicant.
About granting of dwelling of State departmental housing decision organ of State power and administration, in charge of the premises, and reported to the appropriate authority of local executive authorities, local councils.
2. On the basis of the decision on granting dwelling authority local executive authorities, local councils gives the citizen a uniform order, which is the basis for installation in residential premises.  
3. A warrant can be issued only to free isolated residential premises, and in newly built homes-only after the enactment of the State Commission on the adoption of the houses in operation.
4. Order Form a uniform approved by the Cabinet of Ministers of Turkmenistan.
5. issue of warrants in closed military towns is carried out in the manner prescribed by normative legal acts of Turkmenistan.
 
Article 73. Recognition of dwelling-house warrant invalid and its consequences 1. A warrant for the premises may be invalidated on the basis of a judicial decision.
2. The order may be annulled in the following cases: 1) determine whether submission of a citizen of untrue information about means to improve housing conditions;
2) violations of the rights of others at the premises specified in the warrant;
3) determine whether a violation of the requirements of the legislation of Turkmenistan officials when deciding on providing housing.
3. The requirement of recognition of a warrant may be made void body of local authorities, the local Council, the Prosecutor, persons whose rights have been violated by the issuance of this order, within three years from the date of its issuance. Such a requirement might be declared and after three years, if the warrant was issued as a result of unlawful actions of persons who have received it.

4. While recognizing the warrant invalid on grounds provided for by paragraphs 1 and 3 of part 2 of this article, the persons to whom the warrant is subject to eviction from the premises without the provision of alternative accommodation. If these individuals had previously lived in a residential area of public housing, it shall be provided with accommodation where they previously lived.
5. While recognizing the warrant invalid on the grounds referred to in paragraph 2 of part 2 of this article, the persons referred to in the warrant are to be evicted with the provision of alternative accommodation or living quarters, which they previously occupied.  
 
Chapter 10. Lease of residential premises of public housing.
The rights and obligations of the employer and sub-tenants Article 74. Lease of residential premises 1. On the basis of the decision on the allocation of a dwelling is a dwelling employment contract in writing. The parties to the contract Act authorized body for the management of the State Housing Fund (landlord) and the person who allocated premises (tenant). Such contracts are not subject to state registration.
2. In the employment contract of the residential property defines the rights and obligations of the landlord and tenant, the terms of use of accommodation, places of common use and service premises equipment, pridomovymi land, identifies the persons residing together with the employer.
3. Subject of the contract of employment of a dwelling is a separate living room. It is not permitted to conclude a contract of employment in relation to the dwelling room, part of the room, as well as auxiliary premises in the apartment, except as provided by paragraph 5 of article 92 of the present code.

4. Sample of a single employment contract residential premises of public housing, the regulations on the procedure for the conclusion of the contract of employment of a dwelling, the terms of use and improvement of land, adjacent to homes, approved by the Cabinet of Ministers of Turkmenistan.
5. the relations arising from the lease of residential premises also apply other normative legal acts of Turkmenistan, unless otherwise is stipulated under this code.
6. conclusion of the contract of employment is not permitted dwelling, aggravates the situation of an employer not covered by normative legal acts of Turkmenistan, and he admits to be invalid from the moment of detention.
 
Article 75. The landlord's responsibilities under the contract of employment 1. The landlord must give the tenant the premises in a condition suitable for residence, and the other requirements stipulated by article 70 of the present code.
2. the landlord is required to ensure proper operation of multi-family residential building in which the residential premises rent payments, giving the employer a fee required for utility services, conducting overhaul Dubrovnik surrendered dwelling and repair of common property in apartment house or public places and devices to assist utilities built into the living room.
 
Article 76. The rights and obligations of the employer and the members of his family living with him 1. The tenant of a dwelling before the landlord is responsible for the actions of family members who violate the terms of the lease of residential premises.
2. composition of the employer's family members shall be determined in accordance with article 34 of this code. The change in the composition of the employer's family leads to change of the contract of employment in the relevant part of the dwelling.
3. the members of the employer's family enjoy, on an equal footing with the employer's rights and obligations arising from the contract of employment of a dwelling. Adult members of the family of the employer shall be jointly and severally with the employer property liability for obligations arising from the Treaty.
4. If the persons referred to in article 34 of this code, ceased to be members of the employer's family, but continue to live in occupied their premises, they retain their housing rights and responsibilities as a tenant and members of his family.
5. the tenant and his family members are obliged to: 1) use residential, utility rooms and equipment, the houses adjoining plots, as well as public places for its intended purpose without infringing on housing and other rights of others;
2) treat objects external beautification;
3) preservation of residential premises and maintain them in proper order;
4) provide access to their accommodation of representatives of relevant maintenance organizations to resolve emergency situations;
5) carry out sanitary legislation of Turkmenistan, architectural, town-planning, fire protection, performance and environmental requirements;
6) to make timely payment for accommodation and for the costs of maintenance and repair of public places and public utilities, if the contract of employment of a dwelling provides otherwise.
 Article 77. The right of the employer to reinstate the members of the family in its premises 1. The employer may, with the consent of the landlord to give the established order in premises occupied by the spouse, children, parents, without the written consent of the adult members of their families residing together with him.
Occupancy to parents their minor children consent of other family members is not required.

2. persons vselivšiesâ in living room as members of the employer's family, acquire the right to use the dwelling on a par with the rest of the living persons in it, if you prefer between these individuals, employer and living with him adult family members had no written agreement.
3. persons vselivšiesâ in residential premises of the employer as parents or guardians, as well as other persons not included in the employment contract, an independent right of this space are not.  
Article 78. Preservation of residential premises for temporarily absent persons 1. In case of temporary absence of the employer or his family members in the apartment living room remains for them within six months.  
2. the period of temporary absence is calculated from the moment of actual disposal of the employer or his or her family members.
3. If the tenant or members of his family were absent for justified reasons for more than six months, this period shall be extended accordingly is missing on the application of the landlord, and if there is a dispute on the basis of a judicial decision.
4. Accommodation for persons missing in more than six months in the following cases: 1) military service conscripts-during service;
2) military service obligation within a period set by the legislation of Turkmenistan;
3) temporarily left with permanent residence under the terms and nature of the work (workers courts, survey groups, etc.) during the time of execution of the work;
4) departure in another locality to work under an employment contract or in connection with the election for an elective public office during the time of operation;
5) going abroad on the grounds provided by the legislation of Turkmenistan, within the time spent abroad;
6) departure to study within the training time;
7) placement of children in foster care to relatives, guardian or trustee-during the whole time of their stay in the institution, with relatives, guardian or curator if the premises from which eliminated children, were other members of the family reside. If the premises from which eliminated kids, not left to reside other family members and premises was populated by other persons or other legal grounds occupancy in this room is not possible, these children at the end of the term in an institution, with relatives, guardian or curator of the accommodation is available on a priority basis in accordance with this code;
8) departure in connection with the duties of a guardian or curator-at all times perform their duties;
9) exit for treatment, including involuntary treatment, the medical establishment is at all times during the stay in it;
10) detention or conviction to imprisonment or other punishment that excludes the possibility of their stay in the area, during the time of detention or serving sentence;
11) in other cases stipulated by the legislation of Turkmenistan.
5. Accommodation is reserved for away within six months from the date of expiration specified vjl: fourth part 1007658.860000 of this article.
6. For persons with disabilities placed in institutions or other bodies of social assistance, has the right to his dwelling within twelve months. If no longer the vacated premises is granted to another person with a disability in need of better housing conditions. If this is a person with a disability, after receiving the stationary social assistance in accordance with the individual rehabilitation programme can perform self-service and maintain an independent lifestyle and occupation in the previously occupied by housing it is impossible on legal grounds, the disabled living accommodation is provided in accordance with this code.
7. time saving residential premises of public housing for the temporarily absent persons cannot be reduced by agreement of the employer and landlord.

 
Article 79. Recognition of the person as having lost the right to use accommodation Recognition person lost the right to use the dwelling owing to lack of over deadlines article 78 of the present Code shall be judicially enforceable at the suit of the landlord or the remainder reside in the premises of the employer or members (former members) of his family. 
Article 80. The right to use accommodation in case of temporary absence of employer 1. In case of temporary absence of tenant dwelling family members living in this residential area, are entitled to enjoy all the accommodation on the same terms. They exercise the rights and perform duties under a contract of lease of the dwelling.
2. Built-up area, right of use which shall be retained by the employer, temporarily unavailable is not considered excessive residential area.
 
Article 81. Responsibilities temporarily absent tenant and members of his family's temporary absence the employer, a member of his family or of all these persons does not absolve them from performing all duties stipulated in the contract of employment of residential premises, except as provided for in article 82 of this code.  
 
Article 82. The use of residential premises owned by temporarily absent tenant
 

1. If the premises are not the family members reside temporarily absent tenant, which remains residential premises in accordance with article 78 of the present Code, the employer may, with the consent of the lessor to occupy accommodation to be stored according to a sublease contract or settle it temporary residents for a period save him dwelling.
2. If the employer is not invaded saved him dwelling other occupants for three months, in the case provided for in paragraph 1 of this article, the landlord, with the consent of the employer shall be entitled to grant this dwelling on a sublease contract other citizens within the period for which the employer is saved the living room.
3. the amount of the fee for accommodation and communal services according to a sublease contract (temporary installation) the dwelling is determined by agreement of the parties, but may not exceed the payment of fees for this living room an employer and pay for utilities.
4. term of sub-lease (temporary installation) can be reduced in case of early return of the employer or his or her family members.
5. upon the return of the employer or his or her family members, they have the right to demand immediate eviction from the saved them dwelling subtenants or temporary residents, it vselënnyh the landlord. In case of refusal to vacate the premises podnanimateli (temporary residents) at the request of the employer or members of his family were subject to eviction by judicial procedure without the provision of alternative accommodation.
 
Article 83. Booking of the living premises 1. In cases stipulated by the legislation of Turkmenistan, premises used by the employer and the members of his family, is reserved.
2. In case of reservation of residential premises, the authority of local executive authorities, local councils gives the employer or members of his family to grant safe-conduct landlord.  
3. Refusal to issue a security certificate can be appealed in court.
4. If the tenant, his family members within six months after the expiration of the security certificate does not possess in the previously occupied by the residential premises, they may be declared to have forfeited the right to living space to suit the landlord.
 
Article 84. Use of the booked accommodation 1. The tenant of a dwelling shall have the right to provide reserved accommodation for use by podnanimatelâm according to a sublease contract or settle them temporary residents for a period within the security certificate.
2. When returning the employer or his or her family members, they have the right to demand the immediate release of reserved dwelling regardless of security certificate expiration.
3. in case of failure of the subtenant or temporary residents to vacate them on demand of the employer are to be evicted by judicial procedure without the provision of alternative accommodation.
 
Article 85. Sublease contract residential premises 1. The tenant of a dwelling with the consent of cohabiting with him members of his family and the landlord has the right to podnaëm dwelling space, o chyom sublease contract residential premises.
2. sublease Agreement of residential premises is in writing with an indication of the period of unemployment, persons, installed together with podnanimatelem in the living room, and the provision of a single instance of the contract to the lessor of a dwelling.
3. use of the dwelling on a sublease contract residential premises is carried out in accordance with the requirements of this code and other normative legal acts of Turkmenistan.
 
Article 86. The conditions under which it is not allowed to podnaëm residential property Renting residential property in the podnaëm is not allowed in the following cases: 1) if as a result of installation size subtenant living space on each resident will prove less established rules;
2) if the accommodation is in a dorm or in a residential building of State departmental housing;
3) in other cases stipulated by the legislation of Turkmenistan.
 
Article 87. Consequences for non-compliance with the established procedure of putting residential podnaëm 1. Renting residential premises in podnaëm in compliance with the requirements of articles 85-86 of this code implies the invalidity of the contract, unemployment.
2. When the sub-lease contract invalid person farmed the living room of this Treaty, shall be obliged to release it freely, while evading vacate they are evicted by judicial procedure without the provision of alternative accommodation.
 
Article 88. Podnaëm fee for residential premises 1. Sublease contract residential premises is compensated.



2. The manner, conditions, timing and size of the dwelling podnaëm fees are established by agreement of the parties in the agreement this sublease the dwelling.



 



Article 89. Termination and termination of the sublease the dwelling space 1. Sublease contract residential premises shall be terminated upon the expiration of the term for which he was imprisoned.



2. Upon termination of the lease contract is terminated sublease the dwelling of the residential premises.



3. residential property sublease Agreement may be terminated before the expiry of the contract:



1) during the early return of the tenant's dwelling or members of his family;



2) by agreement of the parties;



3) in the event of failure podnanimatelem sublease agreement terms and conditions.




4. If the subtenant residential premises or persons, vselënnye together with him in the living room on a sublease contract, use the space for other purposes, to systematically violate the rights and lawful interests of neighbours or dwelling treated waif, preventing its destruction, the employer has the right to warn about the need to eliminate violations of the subtenant.



If the violations entailed the demolition of the dwelling, the tenant of a dwelling shall have the right to appoint a subtenant term for repair of residential premises. If you continue, these violations after warning, the employer is entitled to terminate the sub-lease contract residential premises and evict the subtenant and vselënnyh persons in conjunction with it.



5. upon refusal subtenant to vacate the premises upon termination of the sublease contract or he faces, vselënnye together with him in the living room on a sublease contract shall be evicted by judicial procedure without the provision of alternative accommodation.



 



Article 90. Temporary residents



 

1. the tenant of a dwelling and living together with him members of his family by mutual agreement and with prior notice, the landlord may allow gratuitous accommodation occupied their premises to other citizens as temporary residents without their sublease contract.
2. the landlord shall have the right to prohibit the stay of temporary residents, if after their installation total area corresponding to each dwelling unit living will be less.
3. the period of uninterrupted stay of temporary residents may not exceed six months.
4. Temporary tenants do not have an independent right to use the relevant accommodation. Responsibility for their action carries the tenant dwelling.  
5. Temporary tenants are obliged to release the premises upon termination of the lease of residential premises or upon expiry of the stay, agreed with the employer or, in the absence of harmonization of the presentation of the requirements immediately after the respective employer or cohabiting with him a member of his family.
6. upon refusal of temporary residents to vacate the premises upon the occurrence of the cases referred to in part 5 of this article, the temporary tenants subject to eviction in judicial procedure without the provision of alternative housing.
 
Article 91. The right of the employer to grant him a smaller dwelling instead occupied or excessive settlement of residential space by others 1. The tenant of a dwelling that has excess living space (over established norms), may, with the consent of the living with members of his family, including temporarily absent, consult a landlord of a dwelling for a smaller dwelling instead occupied. The landlord based on the statements of the employer on the replacement dwelling shall give the employer in consultation with it another premises within three months from the date of filing of the application.
2. an employer with separate accommodation, may request the landlord of the settlement excessive isolated dwelling size not less than the established norm, by choice, other registered persons requiring improvement of living conditions. In responding to requests by such persons is a separate lease of residential premises.
 
Article 92. A variation of the contract of employment of the living premises 1. Lease of residential premises may be changed only with the consent of the employer, the adult members of his family and the landlord, except as otherwise provided in this code.
2. Persons residing in the same dwelling premises and living quarters in it under separate contracts of employment, in the case of combining them into one family has the right to demand from the landlord with one contract for all their premises.
3. An adult family member, the employer may, with the consent of the employer and other adult family members ask the landlord for his employer on a previously signed contract of lease, instead of the original employer.
4. in the event of the death of the employer, his retiring from the premises contract is with one of the adult members of his family living in the residential premises.
5. An adult family member, the employer has the right to demand from the landlord with it a separate contract if, with the consent of the other members of the family and in accordance with its share in the area of residential premises or with the account held for the use of residential premises may be allocated a room that meets the requirements of article 12 of this code.
6. Change employer entail reissuance lease of residential premises.
 
Article 93. Specifies how to use residential premises upon termination of the family relations between members of the family of the employer of a person from among the members of the employer's family, interrupted family relations, but continue to reside in the same dwelling premises under a single contract of lease of residential premises, shall have the right to determine how to use residential premises without entering into individual contracts of employment.
 
Article 94. Sharing living quarters
 

1. a dwelling with the consent of the Employer residing with him members of his family, including temporary absentees, and the landlord has the right to exchange his residential premises to another premises of public or private housing.
2. Residing with the employer, the members of his family are entitled to claim from the employer to exchange their residential premises to another premises provided by other employers in different houses or apartments.
3. If the tenant dwelling and living with him members of his family have not reached agreement on the Exchange, either of them may require a forced exchange of occupied dwelling in the courts.
4. sharing living quarters inhabited by minors, incapable or limited capable family members employers, is allowed with prior consent of the tutorship and guardianship agencies.
5. in the course of the exchange of residential premises of public housing to housing from the private housing stock exchange simultaneously housing produced mutual transfer of rights and duties to their property, in accordance with the legislation of Turkmenistan.
6. Rules for the exchange of residential premises of public housing were approved by the Cabinet of Ministers of Turkmenistan.
 
Article 95. The conditions under which sharing living quarters not allowed Exchange of residential premises is not permitted in the following cases: 1) to the employer claim exchanged dwelling on termination or variation of the contract of employment of a residential premises;
2) challenge the justiciability of the right to use one shared accommodation;  
3) recognition exchanged dwelling in the prescribed manner unfit for residence;
4) decision of demolition or renovation for use for other purposes, for recognition of an emergency at home, which is one of the shared living quarters;
5) deciding on major repairs or reconstruction of one of the shared premises with the eviction of residents;
6) if the Exchange is selfish or fictitious character;
7) if one of the premises is in residence;
8) if one of the premises is at enterprises, institutions, organizations, listed by order of the Cabinet of Ministers of Turkmenistan in the lists of enterprises, institutions and organizations, the most important sectors of the economy, from premises which allowed the eviction of the justiciability of the workers and employees (together with others), separated from the employment relationship with the enterprise, institution, organization in connection with the dismissal of his own volition without valid reasons or, for breach of labour discipline or for committing a crime. Citizens have interrupted their employment relationship on other grounds, as well as receiving the accommodation is not in the context of working relations, have the right to Exchange on a common basis;
9) if as a result of sharing a living space the employer size falls below standards set for adoption at the accounting requiring improvement of living conditions, except when the Exchange is called the necessity of combining family (spouses, disabled parents with children, minor children with their parents, etc.);
10) in other cases stipulated by the legislation of Turkmenistan.
 
Article 96. Recognition of Exchange accommodation void 1. Sharing living quarters, committed in violation of the requirements provided for in articles 94-95 of the present Code, as well as on grounds established by the legislation of Turkmenistan for recognition of agreement as invalid, is recognized as invalid.
2. recognition of invalid Exchange is realized by judicial procedure.
3. in the event that the Exchange premises are subject to the resettlement side void previously occupied by their residential premises.
4. in the event that the Exchange premises due to invalid misconduct of one of the parties defaulting party shall compensate the other party for damages arising out of this Exchange.
 
Chapter 11. Payment of residential premises of public housing and public services Article 97. Fee for accommodation from public housing



 

1. the amount of the fee for accommodation in homes public housing (rent) is established by the Cabinet of Ministers of Turkmenistan.
2. To set single size paid built-up area used by the employer and the members of his family, as well as excessive built-up area if it does not exceed the dimensions for each Member of the family of the employer half of dwelling space standards, relying on one person. Fee for the rest of the excess living space will be charged at a higher rate, to be determined by the Cabinet of Ministers of Turkmenistan.
 


Article 98. Payment for public utilities

 
1. payment for utility services in addition to rents charged at tariffs approved by the Cabinet of Ministers of Turkmenistan.
2. the supply of water, gas and electricity within the established limits are free of charge in the manner determined by the legislation of Turkmenistan.


 



Article 99. The procedure and time limits for rents and utilities fees



 

1. The employer is obliged to pay rent and utility bills.

2. Rents, as well as payment for public utilities shall be made by the employer on a monthly basis not later than the tenth day of the month following the month of life.
 


Article 100. Rent relief and payment for public utilities



 

The benefits of rent and utilities fees are established by the normative legal acts of Turkmenistan.
 


Article 101. Free use of the accommodation from the State of the local housing, heating and electricity



 

1. Working and living in rural areas outside built-up areas (and in cases stipulated by the legislation of Turkmenistan, in villages), enjoy free accommodation with heating and electricity.
2. lists of professionals who have the right to use the benefits provided for by the first paragraph of this article, and the order granting them residential premises are determined by the Cabinet of Ministers of Turkmenistan.
 
Chapter 12. Specifics of use of premises of public housing Article 102. The legal regime of the dwelling, provided from public housing 1. Accommodation provided from public housing, can be privatized by the employer with the consent of the owner of the residential premises in the manner prescribed by the legislation of Turkmenistan.
2. Exchange of residential premises used on the basis of a contract of employment, to another accommodation can be made with the consent of the local authorities, Gengeša in the absence of intentional deterioration of living conditions of persons occupying these premises, allowing setting of those persons registered as requiring improvement of living conditions.
 
Article 103. The legal regime of the official residential premises of public housing 1. Office accommodation is accommodation of public housing is designed for persons who due to the nature of their employment relationship need to reside at the place of work or in the immediate vicinity of the place of work. Inclusion of residential premises in the number of premises and the exception thereto is carried out on the request of the employers decision khyakims etraps, towns with etrap rights. For restricted housing is allocated a separate living room.
2. The decision to grant official residential premises was adopted by the enterprise, institution, organization, together with the Trade Union or the command of a military unit in charge of the service accommodation, and accommodation is available for use for the order, which is issued to hâkimom city, etrap etrap rights, arčynom.
Regulations on the procedure for granting official accommodation lists Government and other positions of right to obtain sample warrants Office premises and hiring official residential premises shall be approved by the Cabinet of Ministers of Turkmenistan.
3. Procedure for ensuring official accommodation of persons appointed or elected to public office of the highest State power or control organs of Turkmenistan, as well as employees of military, law enforcement and other State bodies, in the prescribed manner translated into another area to continue the execution of the service or employment duties, establishes the laws of Turkmenistan.
4. Office premises is used for its intended purpose and is available until the end of the duration of the employment contract, the authority of the public service or elective public office.
5. when using the Office premises apply rules of this code on the contract for the hiring of residential premises of public housing.
Contract of employment of an official residential premises is in writing between the owner of the dwelling or its authorized body and face, which at the time of work (services) it is passed in.
6. Official, who under the laws of Turkmenistan was granted official living quarters, must release the official residential premises within three months after the termination of the employment contract (undo) the State or another post as eligible for official residential premises, or after dismissal. When Dodge faces from release official residential premises is subject to eviction from the dwelling with all the living family members with him and others without providing alternative accommodation.
7. it is not allowed to check out official residential premises without providing alternative accommodation to the following persons: 1) dismissed in connection with the liquidation of an enterprise (Organization), downsizing or workforce;
2) laid off due to illness, which prevents further proceedings;
3) dismissed in connection with retirement;
4) Veterans of the great patriotic war, veterans of the fighting in the territories of other States, and veteran workers of the home front during the second world war and persons equal to them in the manner prescribed by the legislation of Turkmenistan;
5) family members of the deceased participant of the great patriotic war, persons disabled in the fighting in the territories of other States, and participating in them;

6) family members of a worker or a person who died while performing their duties or civic duty;
7) members of the family of a soldier who died (deceased) or a missing person in the performance of duty;
8) families with children with disabilities;
9) actual caregivers in the event of the liquidation of the family children's home;
10) employed (their careers were) at the State enterprise, institution or organization, which has granted official residential premises not less than ten years;
11) released from the position in which they have been granted official living quarters, but not stopped the employment relationship with the enterprise, institution or organisation which has granted this accommodation;
12) persons with disability groups I and II;
13) parent, who alone brings up one or more minor children living together with them.
8. the eviction of persons from official residential premises occupied in connection with the work shall not be permitted if they are in accordance with the legislation of Turkmenistan acquired the right to privatize their dwelling, but didn't make it right.
9. Persons residing in residential premises, can privatize the housing in which they reside, with the consent of the owner under the conditions provided for by the legislation of Turkmenistan.  
10. Persons residing in residential premises, shall have the right to exchange the dwelling to another, with the consent of the public authority, the grantor's premises.
11. official living quarters inhabited by the persons referred to in paragraphs 9 and 10 of the seventh part of this article may be excluded from the number of office premises by order of khyakims etraps, towns with etrap rights upon application by the employer of the dwelling, agreed with the Ministry (Office), which administers the Office premises.
 


Article 104. Provision of accommodation 1 foster homes. In deciding, in the manner prescribed by the legislation of Turkmenistan, decisions on the family orphanage persons assigned actual tutors for cohabitation with children, passed them to foster care provided out of turn dwelling of public housing.



2. the use of living accommodation provided for this purpose shall be carried out in the manner prescribed by this code for the use of office accommodation of State departmental housing.



 



Article 105. The legal regime of the official residential premises of State departmental housing for certain categories of military personnel



 



1. provision of the service of public institutional residential premises housing separate categories of military personnel and the use of them is determined by the Cabinet of Ministers of Turkmenistan.

2. accommodation in houses of State departmental housing provided in the prescribed manner by a soldier performing military service obligation, set for Turkmenistan Ministry of defence and other ministries and departments, which provide for military service. These living quarters when they release also occupied by soldiers and members of their family.
 
Article 106. The legal regime of specialized residential premises of public housing 1. Specialized residential premises are: 1) the hostel;
2) homes for persons with disabilities, veterans, lonely elderly, orphans;
3) orphanages and houses a special destination.
2. Hostels are premises, purpose-built or converted for living workers, employees, students and other citizens during the work, service or study, complete with furniture, beds, and other items of cultural and community purpose, necessary for their stay and leisure pursuits of persons living in them.
3. Decision on granting residential premises in dormitories was adopted by the enterprise, institution, organization or educational institution, it identifies all persons, together with the promise of a person shall be provided with accommodation in the hostel. Installation of other persons is not allowed.
4. accommodation in homes for persons with disabilities, veterans, lonely elderly, orphans in orphanages and houses a special designation granted authority under the authority of which they were created.
5. accommodation in a specialized residential premises may be bed and room types, requirements and the size of their living space are determined by the normative legal acts of Turkmenistan.
6. The procedure for the formation of specialized residential premises and the provision of residential property from him, the terms of use, as well as fees for accommodation are established by the Cabinet of Ministers of Turkmenistan.
7. a person who, in accordance with the legislation of Turkmenistan were granted residence within one month after the fall of the base, gave the right to obtain, should vacate the hostel, while evading the liberation it evicted from the hostel together with him family members without the provision of alternative accommodation.
Cannot be evicted from dormitories without providing alternative accommodation of a person listed in part seven of article 103 of this code.

8. Eviction from dwellings in residential institutions for persons with disabilities, veterans, lonely elderly, orphans in orphanages and houses a special assignment is carried out in connection with the Elimination of the reasons for which were provided by these premises.
 
Chapter 13. Termination of the right to use and eviction from the premises of public housing Article 107. Termination of employment of the living premises 1. The tenant of a dwelling shall have the right, with the consent of his or her family members at any time to terminate the contract of employment.

2. In the case of the departure of the tenant and his family members to another domicile dwelling employment contract is considered terminated from the day of departure.
3. Lease of residential premises may be terminated upon demand by the landlord on the grounds established by the present Code, in a judicial proceeding, except in cases of evictions from their homes, threatening to collapse.
 


Article 108. Eviction from premises 1. Eviction from the premises is permitted only on the grounds established by law.
2. the eviction from the premises judicially. In some cases, unauthorized occupation of residential premises or stay at homes, threatening to collapse, the eviction from the premises allowed by order of the Prosecutor.
3. If this code provides otherwise, citizens with eviction from the premises provided another living area, corresponding to the requirements of the legislation of Turkmenistan.
 


Article 109. Checkout from the granting of another suitable dwelling



 

People living in the residential premises may be evicted from the premises with the provision of other shelters in cases if: 1) home, where accommodation space is subject to demolition in connection with the seizure of the land plot;
2) dwelling threatens to collapse;
3) dwelling shall be transferred to uninhabited;
4) dwelling recognized unfit for habitation.
 
Article 110. Provision of residential premises in connection with eviction from the premises, threatens to collapse if the dwelling to face collapse, people living in the residential premises lawfully and are evicted from it by a decision of the authority of local executive authority, Gengeša, comfortable accommodation is available from the State housing stock.  


 



Article 111. Housing in connection with transfer of residential premises in the non-residential premises or it unfit for habitation



 

1. If a House is subject to demolition on grounds other than those provided for in this code, the employers who are evicted from the House, more comfortable accommodation is provided by the host, and if the landlord is unable provide accommodation-accommodation is provided by the authority of local executive authority, the local Council.
2. If the (residential) building is scheduled for transfer to non-residential premises or recognized in the established manner unfit for residence, the landlord evicted persons from such a dwelling, more comfortable living quarters.
 
Article 112. Provision of residential premises of public housing in connection with major repair or reconstruction of the dwelling house 1. In the production of major repairs or reconstruction of the dwelling house, when such repair or reconstruction cannot be made without the eviction of tenants, the landlord must give the tenant and his family members more accommodation during major repairs or reconstruction, not when terminating an employment contract while dwelling in the dwelling-house.
2. Accommodation provided at the time of major repairs or reconstruction, shall meet the requirements of the legislation of Turkmenistan and is located within the village.
3. The relocation of the employer and the members of his family from owner-occupied dwelling unit in conjunction with the major repairs or reconstruction in another living room and back on completion of repair or reconstruction is done at the expense of the landlord, which is subject to major repairs or reconstruction of the premises.
4. stay in another employer's premises in connection with major repair or reconstruction is freed from charges for the use of the dwelling and utilities.  
5. By agreement of the parties, instead of providing temporary accommodation for the period of major repairs or reconstruction of the employer can be granted for a new contract of employment to permanent usage more comfortable living space that meets the requirements of paragraph 2 of this article and article 70 of the present code.
6. In cases where the employer does not agree with the results of major repairs or reconstruction of a residential premises or violated their right to accommodation in accordance with the wish of the employer is more comfortable living quarters in the order stipulated by the present code.
 
Article 113. Providing another comfortable living quarters in connection with eviction from the premises 1. More comfortable premises of public housing provided by individuals in connection with eviction on the grounds stipulated in article 109 of this code, shall fulfil the requirements of article 70 of the present code and be the size not less than that previously held the evicted.

2. If the tenant occupied a separate apartment or more than one room, him, respectively, should be given a separate apartment or premises, consisting of the same number of rooms.
3. If the tenant had excess living space, a room is provided in accordance with the standard provided for in this code, and the tenant or living together with him, to the person entitled to extra living space, taking into account the right to additional living space.
4. Accommodation provided by vyselâemomu should be stated in the Court's decision on the dissolution of the contract and evict the tenant.
 
Article 114. The eviction with the provision of the tenant and his family members other living premises 1. With the provision of alternative accommodation can be evicted: 1) workers and employees (together with others), interrupted their employment relations with enterprises, institutions and organizations, the most important sectors of the economy, the list of which is approved by the Cabinet of Ministers of Turkmenistan, providing accommodation, in connection with the dismissal of his own volition without valid reasons or for breach of labour discipline or for having committed a crime;
2) persons granted accommodation in houses of daykhan associations, if they are excluded from members of peasant associations or come out of it at their own request;
3) persons deprived of parental rights if they live together with their children, for which have been deprived of their parental rights;
4) other persons in the cases provided for by the legislation of Turkmenistan.
2. In case of liquidation of a family orphanage actual caregivers should release provided them with accommodation, and in case of refusal-are to be evicted with providing them with alternative accommodation.
3. Provided by citizens in connection with the eviction of another dwelling shall meet the requirements of the legislation of Turkmenistan and stay within the boundaries of the village.
4. Accommodation provided by vyselâemomu should be stated in the Court's decision on the dissolution of the contract and evict the tenant.
 
Article 115. The eviction of the tenant and his family members without the provision of alternative accommodation 1. The tenant of a dwelling and living together with him members of his family may be evicted from the premises without the provision of alternative accommodation in the following cases: 1) systematic destruction of or damage to the dwelling;
2) using residential premises for purposes other than as intended;
3) when they their behavior makes it impossible to live with them in one apartment or House of others, and preventive measures and public exposure proved futile;
4) unauthorized occupation of the dwelling;
5) invalidation of the contract of employment of a residential premises;
6) cause for eviction from the premises specified in the part of the sixth article 103 of this code.
2. Persons subject to eviction without providing alternative accommodation because it is impossible to live together with them, may be obliged by the Court to replace the evictions to Exchange occupied residential premises to another premises, specified by a party interested in an Exchange.
 
Section IV. HOUSING MANAGEMENT, ENSURING ITS preservation, maintenance and repair of Chapter 14. Housing management and ensure its preservation Article 116. Housing management 1. The housing management functions include measures to ensure the proper maintenance and repair of housing, non-residential premises and buildings, equipment maintenance, outdoors plots, calculation and collection of all payments, calculation with contractors and service providers and other activities aimed at creating the necessary conditions for their stay.
2. Housing Management is carried out in compliance with the requirements of the legislation of Turkmenistan directly authorized by their owners or governing bodies.
3. the administering organization acting on behalf of the owner of the housing stock and operates on the basis of an agreement signed with him in respect of the relevant housing. The administering organization supported by the customer when concluding contracts with contractors to perform all types of maintenance and repair of housing, to ensure consumers of public services.
4. The owners of the housing or control bodies shall have the right to conclude contracts for housing management with appropriate housing and operating organizations.
5. Partnerships, as well as homeowners ' associations have the right to manage the building or to conclude a contract for the Office with the relevant management organization.
 
Article 117. The duties of the landlord to secure housing 1. The landlord is obliged to take care of the preservation of the housing stock and raise the level of his accomplishment.
2. The enterprise, institution or organization is responsible for accommodation, are responsible for its safety.
3. the landlord must, in the manner indicated in the present Code, to make the overhaul of the residential premises, to ensure the smooth operation of the service equipment of dwellings, proper upkeep of dwellings, their entryways and adjacent land, other common areas of residential premises.
 
Article 118. Responsibilities of tenants to secure premises
 

1. Tenants are obliged to ensure the safety of the premises, to respect the sanitary and other equipment, to objects, to abide by the rules of the dwelling house and adjacent land, fire safety rules to abide by cleanliness and order in doorways, elevators, staircases and other common areas.
2. employers premises under the conditions and in the manner determined by the legislation of Turkmenistan, shall produce at their own expense to the current repair of residential premises, and with the release of premises-hand it over in good condition.
 
Chapter 15. Operation and maintenance of the housing stock in Article 119. Organization of housing maintenance and repair 1. Housing operation, holding it for capital and current repairs carried out with obligatory observance of common rules and norms of operation and maintenance of the housing stock.
2. Maintenance, overhaul and maintenance of the housing stock are carried out under the contract of housing maintenance, repair or other relevant entities or individuals on request of the owner or tenant of the dwelling.
3. operation, overhaul and maintenance of the public housing fund departmental housing maintenance and repair services of State authorities and administration, the balance of which is living space. In the absence of such services, maintenance and repair of these houses are carried out by other relevant entities or individuals on request of the owner or tenant of the dwelling.
 
Article 120. Financing costs for maintenance and repair of housing 1. Financing costs for operation, overhaul the State local housing stock is carried out at the expense of public housing-operational services, and in case of insufficiency of these funds at the expense of the State budget of Turkmenistan.
2. financing costs for operation, overhaul and maintenance of State departmental housing is carried out at the expense of the organs of State power and administration, the balance of which is living space.
3. financing costs for maintenance and repair of private housing is carried out on the basis of ownership at the expense of own funds of the individuals who belong to the living quarters, as well as at the expense of legal entities with non-State property.
4. financing costs for maintenance and repair of dwellings associations is carried out at the expense of their own funds.
5. the owners of residential premises located in multifamily dwellings of different ownership forms, participate in the financing of the costs for the operation of residential premises and conduct repairs in it in accordance with this code.
6. To finance the costs of operation of the housing holding it repairs and maintenance can be brought at voluntary funds received from sources not prohibited legislation of Turkmenistan.
 
Article 121. Financing costs for operation and repair of non-residential buildings and non-residential units in apartment buildings Financing costs associated with the maintenance and repair of those on the balance sheet of the authority of local executive authority, Gengeša individual non-residential buildings and commercial premises in premises intended for commercial, domestic and other needs, is carried out at the expense of public housing-operational services, in case their lack-at the expense of the State budget of Turkmenistan as well as at the expense of natural and legal persons who received ownership or owner-specified premises.
 
Article 122. Logistical support for the operation and maintenance of the housing stock of material and technical resources needed for the operation, repair and maintenance of public housing are allocated in accordance with the norms of consumption.
 
Article 123. Housing maintenance contracts For maintenance and repair of housing housing owner or installed them the managing organization may enter into a contract for the execution of works, rendering services with housing maintenance and repair and construction companies.
 
Section v. RESPONSIBILITY for VIOLATION of HOUSING LEGISLATION Chapter 16. Responsibility for improper use of housing and compensation for damage caused to housing, article 124. Responsibility for improper use of housing and other violations of housing legislation 1. Offence under Turkmen law, improper use of housing stock and housing legislation of Turkmenistan the following violations: 1) failure to comply with the order of registration of citizens with the right to be granted accommodation, with accounting and the provision of housing;
2) delays in the settlement of residential premises established by the legislation of Turkmenistan;
3) violation of the rules regarding the use of residential premises, pollution landings, elevators, driveways, adjacent land and other public places;
4) unauthorized alteration and re-planning of premises and their use for purposes other than as intended;

5) misuse of equipment, water, electricity, gas, heating, air conditioning, sewage systems and other support equipment of dwellings, non-compliance with the rules of their operation and maintenance;
6) damage equipment and facilities improvement of dwellings;
2. the laws of Turkmenistan may be responsible for other violations of housing legislation of Turkmenistan and the operation of the housing stock.
 
Article 125. Compensation for damage caused to housing 1. Natural and legal persons, causing damage to residential premises, communications and service equipment, facilities improvement and greenery on land adjacent to homes, shall be liable for damage.
2. in the cases contemplated in paragraph 1 of this article with regard to the payment of damage caused to legal persons, compensation is carried out guilty officers and other employees in the order established by the legislation of Turkmenistan.
 
SECTION VI. TRANSITIONAL PROVISIONS Chapter 17. Saving the order granting premises of public housing Article 126. The preservation order citizens registered in need of better housing 1. Registered persons requiring improvement of living conditions and eligible premises of public housing by the time of the enactment of the present Code, retain these rights in the same manner.
2. in the case of transfer of State departmental housing in local State Housing Fund, together with the relevant local authority housing Executive, Gengešu and lists of registered persons requiring improvement of living conditions in the workplace.
Persons who at the time of the transfer of the housing stock to registered requiring improvement of living conditions in the workplace, are included in the lists drawn up by place of residence, based on the date of acceptance of their registration at the place of work. If these persons are registered and the place of residence, they are included in the lists on the basis of the date of acceptance of their registration at the place of work or residence, at the choice of the applicant.
3. the authority of local executive authorities, local councils in ten-day's term from the date of the enactment of this code shall disclose the changes in the lists of citizens requiring improvement of living conditions, identifying and confirming the reasons for any changes.
4. no deterioration of legal status to obtain a dwelling of citizens registered in need of better housing before the date of entry into force of this code.