The translation of this document is outdated.
Translation validity: 09.07.2021.–20.06.2024.
Amendments not included:
23.05.2024.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
21 June 2007 [shall come
into force on 1 August 2007];
7 February 2008 [shall come into force on 15 February
2008];
18 December 2008 [shall come into force on 31 December
2008];
29 January 2009 [shall come into force on 1 July
2009];
16 June 2009 [shall come into force on 1 July
2009];
24 September 2009 [shall come into force on 15 October
2009];
18 February 2010 [shall come into force on 10 March
2010];
17 June 2010 [shall come into force on 1 July
2010];
5 May 2011 [shall come into force on 1 June 2011];
19 September 2013 [shall come into force on 1 January
2014];
16 January 2014 [shall come into force on 1 February
2014];
29 January 2015 [shall come into force on 1 March
2015];
6 June 2019 [shall come into force on 3 July 2019];
6 July 2021 [shall come into force on 9 July 2021].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima 1 has adopted and
the President has proclaimed the following law:
Law on the Completion of
Privatisation of State and Local Government Property and Use of
Privatisation Certificates
Chapter I
General Provisions
Section 1. Terms and Concepts Used
in the Law
(1) Terms and concepts in the provisions of this Law which
govern the privatisation of State or local government property
objects and of built-up and vacant plots of land owned by or
under jurisdiction of the State or a local government are used
within the meaning of the law On Privatisation of State and Local
Government Property Objects.
(2) Terms and concepts in the provisions of this Law which
govern the alienation of State or local government property are
used within the meaning of the Law on the Alienation of the
Property of a Public Person.
(3) Terms and concepts in the provisions of this Law which
govern the granting of privatisation certificates, the
transactions with privatisation certificates, and also the use of
privatisation certificates are used within the meaning of the law
On Privatisation Certificates.
(4) Terms and concepts in the provisions of this Law which
govern the completion of the land reform in cities and rural
areas are used within the meaning of the laws On Land Reform in
the Cities of the Republic of Latvia, On Completion of Land
Reform in Cities, On Land Privatisation in Rural Areas, and On
the Completion of Land Reform in Rural Areas.
(5) The terms "land" and "plot of land" used in this Law and
the land reform laws correspond to the term "land parcel" used in
the State Immovable Property Cadastre Law.
[21 June 2007; 5 May 2011]
Section 2. Purpose of the Law
The purpose of the Law is to ensure that the privatisation of
State or local government property is completed, and also the
granting and use of privatisation certificates are completed in
the privatisation, alienation, and redemption of State or local
government property.
Section 3. Scope of Application of
the Law
(1) The Law prescribes the following in the field of
privatisation of State or local government property objects,
built-up and vacant plots of land:
1) the deadline by which a person may submit a proposal for
privatisation;
2) the procedures for submitting and registering a proposal
for privatisation;
3) the procedures for taking the decision to transfer a State
or local government property object, built-up and vacant plots of
land for privatisation;
4) the procedures for privatising built-up and vacant plots of
land and the privatisation conditions;
5) the procedures for privatising a built-up plot of land if
the owner of a building (structure) has changed, joint property
of buildings (structures) has been established, or buildings
(structures) have been divided into independent property objects
upon receipt of a proposal for privatisation;
6) the payment procedures;
7) the procedures for taking the decision to terminate
privatisation;
8) further action involving State or local government capital
shares and capital companies;
9) further actions involving State or local government
property objects, built-up and vacant plots of land;
10) the action involving objects having importance to national
economy;
11) the action in case of any disputes regarding matters
related to the privatisation of State or local government
property objects, built-up or vacant plots of land.
(2) The Law prescribes the following in the field of
alienation of a plot of land owned by the State or a local
government:
1) the deadline by which a person may submit a proposal for
alienation in order to use property compensation certificates as
means of payment for a built-up plot of land to be alienated;
2) the procedures for submitting and registering a proposal
for alienation;
3) the procedures for taking the decision to transfer a
built-up plot of land for alienation;
4) the procedures for alienating a built-up plot of land and
the alienation conditions;
5) the payment procedures;
6) actions involving vacant plots of land;
7) actions in case of any disputes regarding matters related
to the alienation of built-up plots of land.
(3) The Law prescribes the following in the field of
completion of the land reform:
1) the deadline by which a person may submit a proposal for
redemption of the land in rural areas granted for permanent
use;
2) the procedures for establishing a register for redemption
of land in cities and land in rural areas granted for use;
3) further action involving the land in cities and rural areas
not included in the relevant register or included in the register
but not redeemed;
4) the deadline when the right to use the land in rural areas
and the right to use the land in cities granted for permanent use
expire in accordance with the law;
41) the right of the Cabinet to designate a person,
including a private individual, (hereinafter - the authority
designated by the Cabinet) which, starting from 1 March 2014,
performs the delegated State administration task - conclusion of
contracts for redemption (purchase) of land, control of the
fulfilment of such contracts, and transfer of the land not
redeemed into the ownership of a local government;
5) the action in case of any disputes regarding matters
related to the land reform.
(4) The Law prescribes the following in the field of granting
and use of privatisation certificates:
1) the procedures for terminating granting and settlement of
privatisation certificates;
2) the conditions for the use of privatisation
certificates;
3) the action in case of any disputes regarding the issues of
granting privatisation certificates.
[21 June 2007; 16 January 2014]
Section 4. Legal Framework
(1) A State or local government property object and built-up
and vacant plots of land owned by or under jurisdiction of the
State or a local government shall be transferred for
privatisation and privatised in accordance with the law On
Privatisation of State and Local Government Property Objects,
unless prescribed otherwise by this Law.
(2) A built-up plot of land owned by the State or a local
government shall be transferred for alienation and alienated in
accordance with the Law on the Alienation of the Property of a
Public Person, unless prescribed otherwise by this Law.
(3) Land in cities and land in rural areas for use shall be
redeemed in accordance with the procedures laid down in the laws
On Completion of Land Reform in Cities, On Land Reform in the
Cities of the Republic of Latvia, On the Completion of Land
Reform in Rural Areas, and On Land Privatisation in Rural Areas,
unless prescribed otherwise by this Law.
(4) Privatisation certificates shall be granted and used in
accordance with the procedures laid down in the law On
Privatisation Certificates, unless prescribed otherwise by this
Law.
(5) Use of the land in rural areas and the land in cities
granted for permanent use shall be governed by the laws and
regulations in the field of land reform and land management,
unless prescribed otherwise by this Law.
(6) Expenses of a private individual which are related to the
fulfilment of the State administration task delegated thereto in
this Law, i.e. conclusion of contracts for redemption (purchase)
of land, control of the fulfilment of such contracts, and
transfer of the land not redeemed into the ownership of a local
government, shall be covered, in accordance with the procedures
laid down by the Cabinet, from revenues from the service and
resources of the reserve fund established on the basis of the law
On Privatisation of State and Local Government Property
Objects.
[21 June 2007; 5 May 2011; 16 January 2014; 6 June
2019]
Chapter II
Completion of Privatisation of State or Local Government Property
Objects and Built-up and Vacant Plots of Land
Section 5. Submission and
Registration of Proposals for Privatisation
(1) A proposal for the privatisation of a State or local
government property object in accordance with the procedures laid
down in Section 12, Paragraphs one and two or Section 31,
Paragraphs one and two of the law On Privatisation of State and
Local Government Property Objects, and a proposal for the
privatisation of a built-up or vacant plot of land owned by or
under jurisdiction of the State or a local government in
accordance with the procedures laid down in Section 65 of the law
On Privatisation of State and Local Government Property Objects
may be submitted until 31 August 2006 (hereinafter - the date of
completion).
(2) In accordance with Section 65, Paragraph one of the law On
Privatisation of State and Local Government Property Objects, a
proposal for the privatisation of a built-up plot of land may be
submitted by the following:
1) a person whose ownership rights to buildings (structures)
which are on this plot of land have been corroborated in the Land
Register;
2) a person whose ownership rights to buildings (structures)
which are on this plot of land have not been corroborated in the
Land Register due to restrictions specified in laws but who has
acquired the right to these buildings (structures) as a result of
privatisation.
(3) All proposals for the privatisation of State or local
government property objects and built-up and vacant plot of land
shall be registered in the register of proposals for
privatisation (hereinafter - the Privatisation Register).
(4) The Privatisation Register shall be established and
maintained by the authorities carrying out privatisation.
(5) Proposals for privatisation shall be registered in the
Privatisation Register in the order of their submission on the
day of receipt of such proposals.
(6) All proposals for the privatisation of State or local
government property objects and built-up and vacant plots of land
which have been received by the authority carrying out
privatisation prior to coming into force of this Law and in
respect of the objects or plots of land referred to in the
proposals no purchase contract has been concluded shall also be
registered in the Privatisation Register in the order of their
submission.
(7) After the completion date, local governments shall, on a
quarterly basis, submit to the Ministry of Economics information
on the received proposals for the privatisation of local
government property objects and built-up and vacant plots of
land, the decisions to transfer such objects and plots of land
for privatisation, the purchase price, and the quantity of the
privatisation certificates to be used for payment.
(8) Information to be entered in the Privatisation Register
shall be publicly available, except for the information which
shall not be disclosed to a third person in accordance with the
Personal Data Protection Law.
(9) The Cabinet shall determine the information to be entered
in the Privatisation Register and the procedures for keeping the
Register.
Section 6. Decision to Transfer a
State or Local Government Property Object or Plots of Land for
Privatisation
(1) The authority carrying out privatisation of State
properties shall prepare and submit to the Ministry of Economics
a draft Cabinet Order specified in Section 12, Paragraph three
and Section 66, Paragraph one of the law On Privatisation of
State and Local Government Property Objects and regarding the
transfer of a State property object, a built-up plot of land
referred to in Section 5, Paragraph two, Clause 2 of this Law,
and also a vacant plot of land for privatisation within two
months from the day of receipt of the proposal for
privatisation.
(2) The Cabinet or a local government council shall take the
decision referred to in Section 12, Paragraph four, Section 31,
Paragraph three, and Section 66 of the law On Privatisation of
State and Local Government Property Objects to transfer a State
or local government property object, and also built-up and vacant
plots of land for privatisation or a reasoned refusal to reject
the proposal for privatisation within four months from the day of
receipt of the proposal for privatisation.
(3) When deciding on the transfer of a State or local
government property object, and also built-up and vacant plots of
land for privatisation, the Cabinet or a local government council
shall evaluate whether the relevant object or plot of land is
necessary for the performance of State administration functions
or State or local government commercial activities in accordance
with the State Administration Structure Law.
(4) The Cabinet shall determine State capital companies or
capital shares (stock) for the privatisation of which
privatisation certificates cannot be used.
(5) Only the Cabinet may take the decision to refuse to
transfer a State property object, the built-up plot of land
referred to in Section 5, Paragraph two, Clause 2 of this Law,
and also a vacant plot of land for privatisation. Objections of a
ministry or another authority to the transfer of the specific
State property for privatisation may not form the grounds for the
Cabinet not to examine the proposal for the privatisation of this
State property on the merits. The decision to refuse to transfer
a State property object, the built-up plot of land referred to in
Section 5, Paragraph two, Clause 2 of this Law, and also a vacant
plot of land for privatisation shall indicate the State
administration function or the commercial activity for the
performance of which the relevant object or plot of land is
necessary.
(6) Only a local government council may take the decision to
refuse to transfer a local government property object, and also
built-up and vacant plots of land owned by a local government for
privatisation. Objections of a local government unit, committee,
commission, or another authority to the transfer of the specific
local government property object, and built-up and vacant plots
of land owned by the local government for privatisation may not
form the grounds for not examining the proposal for privatisation
on the merits. The decision to refuse to transfer the local
government property object, and also the built-up and vacant
plots of land for privatisation shall indicate the State
administration function or the commercial activity for the
performance of which the relevant object or plot of land is
necessary.
(7) If the proposal for privatisation has been submitted
before the date of completion and the privatisation subject has
the right of first refusal in accordance with Section 17,
Paragraph one or Section 35, Paragraph one of the law On
Privatisation of State and Local Government Property Objects, the
Cabinet or a local government council is not entitled to transfer
the relevant State or local government property object for
privatisation in accordance with the Law on the Alienation of the
Property of a Public Person.
(8) Until 31 December 2007, the Cabinet or a local government
council is entitled to transfer itself for privatisation a State
or local government property object and also such vacant plot of
land which is being privatised through the method of investment
(Section 12, Paragraph two of this Law).
(9) The Cabinet or a local government council is not entitled
to transfer a built-up plot of land and a vacant plot of land
(Section 12, Paragraph one of this Law) for privatisation in
respect of which no proposal for privatisation has been received
before the date of completion.
[21 June 2007; 5 May 2011; 6 June 2019]
Section 7. Decision to Transfer a
Built-up Plot of Land for Privatisation
(1) The decision to transfer a built-up plot of land owned by
or under jurisdiction of the State for privatisation if the
ownership rights of the owner of a building (structure) which is
on this plot of land have been corroborated in the Land Register
shall be taken by the authority carrying out privatisation of
State properties not later than within two months from the day
when the proposal for privatisation and all documents necessary
for privatisation which confirm the right of first refusal of the
person have been received.
(2) The authority carrying out privatisation of State
properties may not transfer for privatisation a built-up plot of
land on which the Cabinet has taken the decision to maintain the
plot of land in the ownership of the State because it is
necessary for the performance of State administration functions
in accordance with the State Administration Structure Law. The
Cabinet decision shall indicate the State administration function
for the performance of which the plot of land is necessary.
(21) If a built-up plot of land owned by or under
jurisdiction of the State may not be privatised or alienated in
accordance with other laws, the authority carrying out privation
of State properties shall, within the time period specified in
Paragraph one of this Section, take a reasoned decision to refuse
to transfer the relevant built-up plot of land owned by or under
jurisdiction of the State for privatisation.
(3) Upon receipt of the decision of the authority carrying out
privatisation of State properties to commence privatisation of a
built-up plot of land, a public authority which possesses the
relevant plot of land shall transfer it to the authority carrying
out privatisation of State properties within the time period and
in accordance with the procedures laid down in Section 67 of the
law On Privatisation of State and Local Government Property
Objects.
(4) The decision to transfer a plot of land owned by or under
jurisdiction of a local government for privatisation shall be
taken by a local government council not later than within two
months from the day when the proposal for privatisation and all
the documents necessary for privatisation which confirm the right
of first refusal of the person have been received.
(5) The Cabinet shall, in accordance with the procedures laid
down in Section 6 of this Law, take the decision to:
1) transfer the built-up plot of land referred to in Section
5, Paragraph two, Clause 2 of this Law for privatisation;
2) transfer a built-up plot of land under jurisdiction of the
State and possessed by a local government for privatisation.
[21 June 2007; 6 June 2019]
Section 8. Price of a Built-up Plot
of Land
(1) The authority carrying out privatisation shall determine
the price of a built-up plot of land (a separate built-up plot of
lad and a built-up plot of land together with a State or local
government property object to be privatised) and it shall be
equal to the value of the specific built-up plot of land
determined by the State Land Service for the purposes of
privatisation, except for the case referred to in Paragraph three
of this Section.
(2) The State Land Service shall determine the value of a
built-up plot of land for the purposes of privatisation in
accordance with the Cabinet regulations regarding appraisal of
land for the purposes of privatisation by taking into account the
last base of cadastral values approved in accordance with the
procedures laid down in Section 68, Paragraph one of the State
Immovable Property Cadastre Law, the data registered in the State
Immovable Property Cadastre Information System on the area and
encumbrances of the plot of land, and the purpose of use of the
plot of land for privatisation.
(3) [16 June 2009]
(4) In privatising a built-up plot of land on which a forest
stand is located, a purchaser shall also purchase the forest
stand. The authority carrying out privatisation shall determine
the value of a forest strand in euros and it shall be equal to
the value of the forest stand determined by the State Forest
Service. The State Forest Service shall determine the value of
the forest stand in accordance with the Cabinet regulations
issued on the basis of the law On the Completion of Land Reform
in Rural Areas.
[21 June 2007; 16 June 2009; 19 September 2013]
Section 9. Procedures for
Privatising a Built-up Plot of Land
(1) The authority carrying out privatisation shall not lay
down provisions for the privatisation of a built-up plot of land
if the ownership rights to a building (structure) which is on it
have been corroborated in the Land Register (Section 5, Paragraph
two, Clause 1).
(2) The authority carrying out privatisation shall send the
notice of privatisation to a person who has the right of first
refusal to a built-up plot of land indicating the following:
1) the address and cadastre number (designation) of the plot
of land;
2) the total area of the plot of land;
3) the price of the plot of land;
4) the means of payment and their proportions;
5) the claims submitted in respect of the plot of land to be
privatised;
6) the conditions for the payment of the purchase price of the
plot of land;
7) the rights and obligations to be transferred;
8) the documents and information which must be submitted to
the authority carrying out privatisation in order to conclude the
contract for the purchase of the plot of land.
(3) The authority carrying out privatisation shall request in
the notice of privatisation the person who has the right of first
refusal to, within two months from the day the notice of
privatisation is received:
1) reply in writing whether he or she wishes to privatise the
plot of land under the respective conditions;
2) indicate in writing the preferred settlement period for the
plot of land;
3) submit the documents and information indicated in the
notice of privatisation in order to conclude the purchase
contract.
(4) [29 January 2015]
(5) Not later than within two weeks after the person who has
the right of first refusal has confirmed his or her wish to
privatise the plot of land, the authority carrying out
privatisation shall offer the person who has the right of first
refusal to conclude the contract for the purchase of the plot of
land by sending a draft contract to this person in a registered
letter or delivering it to him or her against signature of
receipt.
(6) The person who has the right of first refusal shall
respond within a month after receipt of the draft purchase
contract.
(7) If the person cannot or does not exercise his or her right
of first refusal to the built-up plot of land, he or she has the
land lease right to the same plot of land to which he or she has
the right of first refusal, and this plot of land shall not be
privatised or alienated to other persons. The Cabinet shall lay
down the procedures for calculating the lease payment for the
built-up plot of land. The lease payment for the plot of land
shall be based on the cadastral value of the plot of land.
[21 June 2007; 7 February 2008; 29 January 2015]
Section 10. Privatisation of a
Built-up Plot of Land if the Owner of a Building (Structure) Has
Changed, Joint Property of Buildings (Structures) Has Been
Established, or Buildings (Structures) Have Been Divided into
Independent Property Objects Upon Receipt of a Proposal for
Privatisation
(1) If the owner of a building (structure) which is on a plot
of land has changed upon receipt of a proposal for the
privatisation of the built-up plot of lad, the authority carrying
out privatisation may only take the decision to transfer the
built-up plot of land for privatisation if the new owner of the
building (structure) submits a request to continue privatisation
of the plot of land.
(2) If a building (structure) which is on a plot of land
becomes joint property upon receipt of a proposal for the
privatisation of the built-up plot of land, the undivided share
of the plot of land under jurisdiction of the joint owner shall
be privatised if the joint owner submits a request to continue
privatisation of the plot of land. The authority carrying out
privatisation shall take the decision to continue the
privatisation of the plot of land according to the undivided
share of the building (structure) owned by the joint owner.
(3) If buildings (structures) which are on a plot of land are
divided as independent property objects upon receipt of a
proposal for the privatisation of the built-up plot of land, the
authority carrying out privatisation shall take the decision to
divide the plot of land into independent property objects if the
plot of land can be actually divided.
(4) In the case referred to in Paragraph three of this
Section, persons requesting the division of a plot of land shall
cover expenses of the division of a plot of land in proportion to
the size of the divided plot of land. The persons requesting the
division of the plot of land shall be jointly liable for the
payment of the expenses incurred as a result of the division of
the plot of land.
(5) The authority carrying out privatisation may only take the
decision to privatise the newly created plot of land referred to
in Paragraph three of this Section, provided that:
1) the owner of the building (structure) which is on the newly
created plot of land submits the request to continue the
privatisation of the plot of land to which this owner has the
right of first refusal;
2) the expenses of the division of the plot of land referred
to in Paragraph four of this Section have been covered.
Section 11. Investment of a Built-up
Plot of Land in the Equity Capital of a Capital Company During
the Privatisation Process
(1) A built-up plot of land may only be invested in the equity
capital of a capital company that owns the buildings (structures)
which are on this plot of land.
(2) The Cabinet shall take the decision to invest a built-up
plot of land of the State in the equity capital of a capital
company.
(3) A local government council shall take the decision to
invest a built-up plot of land of the relevant local government
in the equity capital of a capital company.
Section 11.1 Right of
First Refusal of Privatisation Subjects
(1) The right of first refusal to a garage (group of premises)
to be privatised in the case of privatisation of garages which
constitute a State or local government property object shall
belong to the following:
1) the lessee of the garage (group of premises), unless he or
she has lease payment debts;
2) the joint owner, unless the persons referred to in Clause 1
of this Paragraph have exercised their right of first
refusal;
3) the privatisation subject who owns a plot of land on which
the garage is located if more than half of the territory occupied
by the garage to be privatised is located on this plot of land
and the persons referred to in Clauses 1 and 2 of this Paragraph
or any of them has exercised his or her right of first
refusal.
(2) The persons referred to in Paragraph one of this Section
shall acquire the right of first refusal if they apply within one
month from the day of publishing the notice regarding
commencement of privatisation of the garage which constitutes a
State or local government property object.
[17 June 2010]
Section 12. Conditions for the
Privatisation of Vacant Plots of Land
(1) If a vacant plot of land is privatised through the method
of sale, sale at auction shall be applied as a privatisation
technique without applying selection of tenderers, and the
opening price for the auction of the plot of land shall be its
normal value (in accordance with Section 871 of the Civil Law)
which is determined by a certified appraiser of immovable
property.
(2) If a vacant plot of land is privatised through the method
of investment, this plot of land shall be invested in the equity
capital of a capital company at its normal value in accordance
with Section 154, Paragraph three of the Commercial Law.
(3) The Cabinet shall take the decision to invest a vacant
plot of land of the State in the equity capital of a capital
company.
(4) A local government council shall take the decision to
invest a vacant plot of land of the relevant local government in
the equity capital of a capital company.
(5) If a vacant plot of land having the status of an
inter-area of land is transferred for privatisation, it shall be
sold in accordance with the procedures laid down in the Law on
the Alienation of the Property of a Public Person.
[17 June 2010; 5 May 2011]
Section 13. Settlement of Payments
for a State or Local Government Property Object, Built-up and
Vacant Plots of Land
(1) The maximum settlement period for a State or local
government object and also for built-up and non-built up plots of
land shall be five years from the day of concluding the purchase
contract.
(2) In concluding the purchase contract whereto a deferred
payment (hire) is applied, the fee for the deferred payment shall
be six per cent a year of the outstanding share of privatisation
certificates and euros by making payment in euros.
(3) In concluding the purchase contract for the purchase of a
vacant plot of land, euros shall serve as means of payment.
[21 June 2007; 16 June 2009; 19 September 2013, 6 June
2019]
Section 14. Decision to Terminate
Privatisation
(1) The authority carrying out privatisation of State property
may take the decision to terminate privatisation of a State
property object and also a built-up plot of land (Section 5,
Paragraph two, Clause 2 of this Law) and a vacant plot of land
if:
1) provisions of privatisation of the State property object
have been approved and no tenderer has applied for the
privatisation of this object or has been approved as a
purchaser;
2) an auction of the vacant plot of land of the State has been
announced and no tenderer has applied for the purchase of this
plot of land or has been approved as a purchaser;
3) the approved purchaser of the State property object and
also the built-up plot of land referred to in Section 5,
Paragraph two, Clause 2 of this Law or vacant plot of land has
failed to conclude the purchase contract within two months from
the day when he or she has received the invitation to conclude
the purchase contract or during extension of the time period for
concluding the purchase contract.
(2) A local government council may take the decision to
terminate privatisation of a local government property object and
also built-up and vacant plots of land if:
1) a draft of privatisation of the local government property
object has been approved and no tenderer has applied for the
privatisation of this object or has been approved as a
purchaser;
2) an auction of the local government property object or
vacant plot of land has been announced and no tenderer has
applied for the purchase of this property object or plot of land
or has been approved as a purchaser;
3) the approved purchaser of the local government property
object and also the built-up or vacant plots of land has failed
to conclude the purchase contract within two months from the day
when he or she has received the invitation to conclude the
purchase contract or during extension of the time period for
concluding the purchase contract;
4) it has received back a registered letter in which the
notice of privatisation or the invitation to conclude the
purchase contract was sent to the person who has the right of
first refusal to his or her indicated and declared address of
place of residence.
(3) The authority carrying out privatisation of State property
may take the decision to terminate privatisation of a built-up
plot of land (Section 5, Paragraph two, Clause 1 of this Law)
if:
1) the person who has the right of first refusal to this plot
of land has failed to conclude the purchase contract within two
months from the day when he or she has received the invitation to
conclude the purchase contract or during extension of the time
period for concluding the purchase contract;
2) it has received back a registered letter in which the
notice of privatisation or the invitation to conclude the
purchase contract was sent to the person who has the right of
first refusal to his or her indicated and declared address of
place of residence.
[7 February 2008; 17 June 2010; 29 January 2015; 6 June
2019]
Section 15. Further Action Involving
State or Local Government Capital Shares or Capital Companies
(1) Capital shares owned by the State or a local government in
respect of which a proposal for privatisation has not been
received before the date of completion or which the Cabinet or a
local government council has not transferred for privatisation in
accordance with Section 6, Paragraph eight of this Law may be
alienated in the future in accordance with the procedures laid
down in the Law on Governance of Capital Shares of a Public
Person and Capital Companies.
(2) State or local government capital companies in respect of
which a proposal for privatisation has not been received before
the date of completion or which the Cabinet or a local government
council has not transferred for privatisation in accordance with
Section 6, Paragraph eight of this Law may only become a fully
private capital company or a private capital company with State
or local government capital share in accordance with the
procedures laid down in the Law on Governance of Capital Shares
of a Public Person and Capital Companies.
(3) Capital shares and capital companies owned by the State or
local government in respect of which a proposal for privatisation
has been received before the date of completion but the Cabinet
or a local government council takes a reasoned decision to reject
the proposal for privatisation in accordance with Section 6,
Paragraph three of this Law may not be privatised in the future
in accordance with the law On Privatisation of State and Local
Government Property Objects but may be alienated in accordance
with the procedures laid down in the Law on Governance of Capital
Shares of a Public Person and Capital Companies.
[6 June 2019]
Section 16. Further Actions
Involving Other State or Local Government Property Objects,
Built-up and Vacant Plots of Land
(1) State or local government property objects, except for
those referred to in Section 15 of this Law, and also built-up
and vacant plots of land in respect of which a proposal for
privatisation has been received before the date of completion but
the Cabinet or a local government council takes a reasoned
decision to reject the proposal for privatisation in accordance
with Section 6, Paragraph three of this Law may not be privatised
in the future in accordance with the law On Privatisation of
State and Local Government Property Objects but may be
transferred for alienation in accordance with the Law on the
Alienation of the Property of a Public Person not earlier than
three years after taking of the decision to reject the proposal
for privatisation, except for the cases referred to in Paragraph
three of this Section.
(2) State or local government property objects, except for
those referred to in Section 15 of this Law, and also built-up
and vacant plots of land in respect of which a proposal for
privatisation has not been received or privatisation has been
terminated after the date of completion in accordance with
Section 14 of this Law, or which the Cabinet or a local
government council has not transferred for privatisation in
accordance with Section 6, Paragraph eight of this Law may be
alienated in the future in accordance with the procedures laid
down in the Law on the Alienation of the Property of a Public
Person.
(3) The time period referred to in Paragraph one of this
Section shall not be applied if the Cabinet or a local government
council takes a reasoned decision to reject a proposal for the
privatisation of a State or local government property object, a
built-up or vacant plot of land for privatisation in accordance
with Section 6, Paragraph three of this Law because the relevant
object or plot of land is necessary for the following:
1) the performance of commercial activities of the State or
local government and it will be invested in the capital company
specified in the decision to reject the proposal for
privatisation;
2) the performance of State administration functions and hence
it will be exchanged for immovable property owned by another
person in accordance with the Law on the Alienation of the
Property of a Public Person;
3) the performance of State administration functions and hence
it will be transferred into the ownership of the State or a local
government respectively without consideration.
(4) The State or local government may establish a fund for
exchange of vacant plots of land in which the vacant plots of
land owned by the State or a local government respectively shall
be included. The Cabinet regulations shall govern the action
involving plots of land included in the fund which constitutes
exchange thereof for immovable property owned by other
persons.
(5) The Cabinet regulations shall govern the lease of a plot
of land owned by or under jurisdiction of the State or a local
government and the procedures for calculating the lease
payment.
[21 June 2007; 5 May 2011]
Section 17. Action Involving Objects
Having Importance to National Economy
(1) Valsts akciju sabiedrība "Latvenergo" [State
joint-stock company Latvenergo], valsts akciju sabiedrība
"Latvijas pasts" [State joint-stock company Latvian Post],
valsts akciju sabiedrība "Starptautiskā lidosta "Rīga"
[State joint-stock company Riga International Airport], valsts
akciju sabiedrība "Latvijas dzelzceļš" [State joint-stock
company Latvian Railway], valsts akciju sabiedrība "Latvijas
gaisa satiksme" [State joint-stock company Latvian Air
Traffic], and valsts akciju sabiedrība "Latvijas valsts
meži" [State joint-stock company Latvian State Forests] and
stock of these companies may not be privatised or alienated.
(2) If any of the State stock companies referred to in
Paragraph one of this Section owns 100 per cent of capital shares
in another capital company, the Cabinet shall take a decision on
the fact that the State joint-stock company referred to in
Paragraph one of this Section will no longer own 100 per cent of
capital shares in another capital company.
(3) The Cabinet shall take the decision to terminate a
decisive influence (within the meaning of the Group of Companies
Law) of the State joint-stock company referred to in Paragraph
one of this Section in other companies.
Chapter III
Termination of the Use of Property Compensation Certificates as
Means of Payment for the Alienation of Built-up Plot of Land and
Action Involving Vacant Plots of Land
Section 18. Submission and
Registration of a Proposal for the Alienation of a Built-up Plot
of Land
(1) A proposal for the alienation of a State or local
government plot of land if the ownership rights of another person
to a building (structure) which is on this plot of land have been
corroborated in the Land Register shall be submitted by the owner
of the building (structure) whose building (structure) is on this
plot of land (hereinafter - the built-up plot of land to be
alienated) to valsts akciju sabiedrība "Valsts nekustamie
īpašumi" [State joint-stock company State Real Estate] and a
local government (hereinafter - the authority carrying out
alienation) in accordance with Section 28 of the law On Land
Reform in the Cities of the Republic of Latvia and Section 4,
Paragraph four of the Law on the Alienation of the Property of a
Public Person.
(2) The authority carrying out alienation shall register a
proposal for alienation submitted before the date of completion
in the register of proposals for alienation of this authority
(hereinafter - the Alienation Register).
(3) Proposals for alienation shall be registered in the
Alienation Register in the order of their submission on the day
of receipt of such proposals.
(4) All proposals for the alienation of State or local
government built-up plots of land which have been received by the
authority carrying out alienation before coming into force of
this Law and in respect of the plots of land specified in the
proposals no purchase contract has been concluded shall also be
registered in the Alienation Register in the order of their
submission.
(5) Local governments shall, after the date of completion on a
quarterly basis, submit to the Ministry of Economics information
on the built-up local government plots of land to be alienated,
the received proposals for alienation, the decisions to transfer
such plots of land for alienation, the purchase price, and the
quantity of the property compensation certificates to be used for
payment.
(6) Information to be entered in the Alienation Register shall
be publicly available, except for the information which shall not
be disclosed to a third person in accordance with the Personal
Data Protection Law.
(7) The Cabinet shall lay down the information to be entered
in the Alienation Register and the procedures for keeping the
Register.
[5 May 2011]
Section 19. Decision to Transfer a
Built-up Plot of Land for Alienation
(1) The decision to transfer a built-up plot of land owned by
the State for alienation shall be taken by the State joint-stock
company State Real Estate not later than within two months from
the day when the proposal for alienation and all the documents
necessary for alienation which confirm the right of first refusal
of the person have been received or not later than within two
months from entering the plot of land to be alienated in the Land
Register in the name of the State.
(2) The State joint-stock company State Real Estate may not
transfer for alienation a built-up plot of land in respect of
which the Cabinet has taken the decision to maintain the plot of
land in the ownership of the State as it is necessary for the
performance of State administration functions in accordance with
the State Administration Structure Law. The Cabinet decision
shall indicate the State administration function for the
performance of which the plot of land is necessary.
(3) The decision to transfer a built-up plot of land owned by
a local government for alienation shall be taken by a local
government council not later than within two months from the day
when the proposal for alienation and all documents necessary for
alienation which confirm the right of first refusal of the person
have been received or not later than within two months from
recording the plot of land to be alienated in the Land Register
in the name of the local government.
(4) A local government council may not transfer for alienation
a built-up plot of land in respect of which it has taken the
decision to maintain the plot of land in the ownership of a local
government because it is necessary for the performance of State
administration functions in accordance with the State
Administration Structure Law. The decision of the local
government council shall indicate the State administration
function for the performance of which the plot of land is
necessary.
Section 20. Basic Conditions for the
Alienation of a Built-up Plot of Land
(1) A built-up plot of land and a forest stand which is on it
shall be sold at a price which has been determined in accordance
with Section 8 of this Law.
(2) The authority carrying out alienation shall not lay down
provisions for the alienation of a built-up plot of land.
(3) The authority carrying out alienation shall send to the
person who has the right of first refusal to a built-up plot of
land the notice of alienation indicating the following:
1) the address and cadastre number (designation) of the plot
of land;
2) the total area of the plot of land;
3) the price of the plot of land;
4) the means of payment and their proportions;
5) the claims submitted in respect of the plot of land to be
alienated;
6) the conditions for the payment of the purchase price of the
plot of land;
7) the rights and obligations to be transferred;
8) the documents and information which must be submitted to
the authority carrying out alienation in order to conclude the
contract for the purchase of the plot of land.
(4) The authority carrying out alienation shall request in the
notice of alienation the person who has the right of first
refusal to, within two months from the day the notice of
alienation is received:
1) reply in writing whether he or she wishes to purchase the
plot of land under the respective conditions;
2) indicate in writing the preferred settlement period for the
plot of land. The maximum settlement period for a built-up plot
of land shall be five years from the day of concluding the
purchase contract;
3) submit the documents and information indicated in the
notice of alienation in order to conclude the purchase
contract.
(5) [29 January 2015]
(6) Not later than within two weeks after the person who has
the right of first refusal has confirmed his or her wish to
purchase the plot of land, the authority carrying out alienation
shall offer the person who has the right of first refusal to
conclude the contract for the purchase of the plot of land by
sending a draft contract to this person in a registered letter or
delivering it to him or her against signature of receipt.
(7) The person who has the right of first refusal shall
respond within a month after receipt of the draft purchase
contract.
(8) In concluding the contract for the purchase of the plot of
land to be alienated to which a deferred payment (hire) is
applied, the fee for the deferred payment shall be six per cent a
year of the outstanding share of property compensation
certificates and euros by making payment in euros.
(9) If the person cannot or does not exercise his or her right
of first refusal to the built-up plot of land, he or she has the
land lease right to the same plot of land to which he or she has
the right of first refusal, and this plot of land shall not be
alienated for other persons. The Cabinet shall lay down the
procedures for calculating the lease payment for the built-up
plot of land. The lease payment for the plot of land shall be
based on the cadastral value of the plot of land.
(10) The authority carrying out alienation shall take the
decision to terminate the alienation of a built-up plot of land
using property compensation certificates as means of payment and
the decision on the fact that further alienation thereof may take
place in accordance with the procedures laid down in the Law on
the Alienation of the Property of a Public Person in the
following cases:
1) the person who has the right of first refusal has failed to
provide a reply within two months after receipt of the notice of
alienation or has provided a reply that he or she does not wish,
under the offered conditions, to acquire in his or her ownership
the relevant State or local government plot of land on which
buildings (structures) owned by this person are;
2) the person who has the right of first refusal has failed to
conclude the purchase contract within two months from the day
when he or she has received an invitation to conclude the
purchase contract or during extension of the time period for
concluding the purchase contract;
3) the authority carrying out alienation has repeatedly
received back a registered letter in which the notice of
alienation or the invitation to conclude the purchase contract
was sent to the person who has the right of first refusal to his
or her indicated and declared address of place of residence.
[21 June 2007; 7 February 2008; 16 June 2009; 5 May 2011;
19 September 2013; 29 January 2015; 6 June 2019]
Section 21. Investment of a Built-up
Plot of Land in the Equity Capital of a Capital Company During
the Alienation Process
(1) A built-up plot of land may only be invested in the equity
capital of a capital company that owns the buildings (structures)
which are on this plot of land.
(2) The Cabinet shall take the decision to invest a built-up
plot of land of the State in the equity capital of a capital
company.
(3) A local government council shall take the decision to
invest a built-up plot of land of the relevant local government
in the equity capital of a capital company.
Section 22. Action Involving Vacant
Plots of Land
(1) Vacant plots of land owned by the State or a local
government may be alienated in accordance with the procedures
laid down in the Law on the Alienation of the Property of a
Public Person or leased. Vacant plots of land owned by the State
or a local government may be leased with the right of superficies
in compliance with the provisions of this Section.
(2) The decision to lease a vacant plot of land owned by the
State or a local government with the right of superficies shall
be taken by the Cabinet or a local government council
respectively. If the vacant plot of land owned by the State or a
local government is leased with the right of superficies, the
lessee of the plot of land becomes entitled to request transfer
of the relevant built-up plot of land for alienation, provided
that all buildings (structures) envisaged in a lease contract
have been built on this plot of land and put into operation and
ownership rights thereto have been corroborated in the Land
Register.
(3) A local government may only lease a vacant plot of land
with the right of superficies in the case the ownership rights of
the local government to the relevant plot of land have been
corroborated in the Land Register.
(4) [21 June 2007]
[21 June 2007; 5 May 2011]
Chapter IV
Procedures and Registers for Redemption (Purchase) of Land in
Rural Areas and Cities, and Action Involving the Land not
Redeemed
[21 June 2007]
Section 23. Procedures and Register
for Redemption (Purchase) of Land in Rural Areas
(1) Permanent users of the land in rural areas shall submit to
the territorial unit of the State Land Service requests for
redemption (purchase) of land until the date of completion.
(2) Until 30 November 2007, a request for redemption
(purchase) of land shall be submitted to the territorial unit of
the State Land Service by the following person:
1) to whom land was granted for permanent use but the right of
permanent use of the land expired on 1 September 2006 in
accordance with Section 25, Paragraph one, Clause 1 of this Law,
it is in actual use by this person, has not been recorded in the
Land Register in the name of a local government and a land lease
contract has been concluded with the local government until the
submission of the request for redemption (purchase) of the
land;
2) in respect of whom the decision to grant the land for
permanent use has been taken in the case referred to in Section
2, Paragraph two of the law On the Completion of Land Reform in
Rural Areas during a period after 1 June 2006 to 1 September
2007, and the person's right of permanent use of the land has not
expired in the case referred to in Clause 1 of this
Paragraph;
3) whose area of the land granted to him or her for permanent
use exceeds the area of the land to which the ownership rights
are to be reinstated and it exceeds the permissible non-binding
limits.
(3) The territorial unit of the State Land Service shall
include the plot of land, which has been indicated in the request
for redemption (purchase) of land, in the Register for Redemption
of Land in Rural Areas if the permanent user of the land or the
persons referred to in Paragraph two, Clause 1 of this Law
(hereinafter in this Chapter - the person) have the right to
redeem (purchase) the land. If at the moment of examination of
the request for redemption (purchase) of land the person does not
have the right to redeem (purchase) the land but this right can
arise during the period until taking of the decision to grant the
land into ownership for consideration (Section 23.1),
the plot of land shall be included in the Register for Redemption
of Land in Rural Areas on condition that before or concurrently
with the submission regarding taking of the decision to grant the
land into ownership for consideration but not later than by the
time period specified in Paragraph eleven of this Section a
person shall submit to the territorial unit of the State Land
Service the documents which confirm the right to redeem
(purchase) the land.
(4) Information to be entered in the Register for Redemption
of Land in Rural Areas shall be publicly available, except for
the information which shall not be disclosed to a third person in
accordance with the Personal Data Protection Law.
(5) The Cabinet shall lay down the procedures for submitting
and examining requests for redemption (purchase) of land in rural
areas, the procedures for including a plot of land to be redeemed
in the Register for Redemption of Land in Rural Areas, the
information to be entered in the Register, and the procedures for
maintaining the Register.
(6) In addition to the person's request for redemption
(purchase) of land, the State Land Service shall include the
following in the Register for Redemption of Land in Rural
Areas:
1) the plot of land the boundary plan of which has been
submitted for registration in the State Immovable Property
Cadastre Information System until 31 August 2006;
2) [6 June 2019].
(7) If a plot of land has been granted for permanent use to
several joint users, the request for redemption (purchase) of
land shall be submitted by one of them in the name of all joint
users. If at the moment of examination of the matter regarding
inclusion of the plot of land in the Register for Redemption of
Land in Rural Areas one or more joint users do not have the right
to redeem (purchase) the land but this right can arise during the
period until taking of the decision to grant the land into
ownership for consideration (Section 23.1), the
decision on inclusion of the plot of land in the Register for
Redemption of Land in Rural Areas and the right of this joint
user to redeem the undivided share of the plot of land shall be
taken on condition that before or concurrently with the
submission regarding taking of the decision to grant the land
into ownership for consideration but not later than by the time
period specified in Paragraph eleven of this Section the
documents which confirm the right to redeem (purchase) the land
shall be submitted to the territorial unit of the State Land
Service.
(8) In respect of a person whose plot of land in permanent or
actual use has been included in the Register for Redemption of
Land in Rural Areas but restrictions have been imposed on
purchase thereof by this person in Section 29, Paragraph two,
Clause 5 of the law On Land Privatisation in Rural Areas, and
buildings (structures) owned by this person are on the plot of
land, a local government shall take the decision to create a
separate plot of land in the area which is necessary for the
maintenance of the buildings (structures) in accordance with the
building surface provided for in the binding regulations of the
local government. An appropriate purpose of use shall be
determined for the created plot of land and the decision to
create a separate plot of land shall be accompanied by a
graphical annex of this plot of land indicating the cadastral
designation of the plot of land to be divided.
(9) A person whose plot of land in permanent or actual use has
been included in the Register for Redemption of Land in Rural
Areas but has not been subject to cadastral surveying shall, not
later than by 1 September 2008, submit for registration a
boundary plan of the land to the State Immovable Property
Cadastre Information System or make a prepayment in accordance
with Section 32, Paragraph two of this Law. If the relevant
person has made the prepayment by the respective date, the
boundary plan of the land shall be submitted for registration to
the State Immovable Property Cadastre Information System not
later than by 31 August 2010. The respective time period shall
not apply to the former land owners or their heirs whose total
area of the plot of land determined as a result of cadastral
survey of the land exceeds the area of the land to which the
ownership rights are to be reinstated, and it exceeds the
non-bounding limits permissible in the cadastral survey of the
land, and to the persons whose request for redemption (purchase)
of land indicates the plot of land that has been included in the
Register for Redemption of Land in Rural Areas on the condition
referred to in Paragraph three of this Section. The relevant
person shall submit the boundary plan of the plot of land for
registration in the State Immovable Property Cadastre Information
System before submitting the submission for taking the decision
to grant the land into ownership for consideration.
(10) Valsts akciju sabiedrība "Latvijas Hipotēku un zemes
banka" [State joint-stock company Latvian Mortgage and Land
Bank] shall, by 30 September 2008, submit to the State Land
Service the information regarding the prepayments made.
(11) A person shall submit to the regional unit of the State
Land Service the submission for taking the decision to grant the
land into ownership for consideration within the following
deadlines:
1) before 31 May 2010 in case the boundary plan of the plot of
land in actual use has been submitted for registration in the
State Immovable Property Cadastre Information System before 31
August 2009;
2) [5 May 2011];
3) before 31 August 2010 if the plot of land indicated in the
request for redemption (purchase) of land has been included in
the Register for Redemption of Land in Rural Areas on the
condition referred to in Paragraph three of this Section;
4) before 31 August 2011 if the person has made a prepayment
for the land in his or her actual use within the time period
specified in the law and the boundary plan of the plot of land
has been submitted for registration in the State Immovable
Property Cadastre Information System before 31 August 2010
(Paragraph nine of this Section).
(111) The deadlines referred to in Paragraph eleven
of this Section shall not apply to the former land owners or
their heirs whose total area of the plot of land determined as a
result of cadastral survey of the land exceeds the area of the
land to which the ownership rights are to be reinstated, and it
exceeds the non-bounding limits permissible in the cadastral
survey of the land, and also to the cases where the plot of land
has several joint users and one of them has submitted the
submission for taking the decision to grant the land into
ownership for consideration until 31 August 2009. The territorial
unit of the State Land Service shall take the decision to grant
the land into ownership for consideration within two months after
submission of the person has been received.
(112) The Cabinet shall appoint an authority which,
starting from 1 March 2014, concludes contracts for redemption
(purchase) of the land in rural areas in the name of the State
and controls the fulfilment of such contracts.
(12) A person shall conclude the contract for the redemption
(purchase) of land with the State joint-stock company Latvian
Mortgage and Land Bank not later than by 30 December2011 also in
the case where the decision under which the land has been granted
into ownership for consideration indicates another deadline for
concluding such contract. The respective deadline shall not apply
to the former land owners or their heirs whose total area of the
plot of land determined as a result of cadastral survey of the
land exceeds the area of the land to which the ownership rights
are to be reinstated, and it exceeds the non-bounding limits
permissible in the cadastral survey of the land. In this case,
starting from 1 March 2014, the authority which ensures
redemption (purchase) process of land and has been appointed by
the Cabinet shall conclude the contract for the redemption
(purchase) of land with the former land owners or their heirs. In
case of joint use of the land, all joint users shall conclude one
contract for the redemption (purchase) of land at the same
time.
(13) The State joint-stock company Latvian Mortgage and Land
Bank shall, before 31 March 2012, submit to the State Land
Service the information regarding the concluded contracts for
redemption (purchase) of land.
(14) The land which has been recorded in the Land Register in
the name of the State by the State joint-stock company Latvian
Mortgage and Land Bank and in respect of which no contract for
the redemption (purchase) of land has been concluded until 30
December 2011 shall be transferred into the ownership of the
relevant local government without consideration by the deed of
delivery and acceptance. Starting from 1 March 2014, the relevant
deed of delivery and acceptance shall be signed by the authority
which has been appointed by the Cabinet in accordance with
Paragraph 11.2 of this Section.
[21 June 2007; 16 June 2009; 24 September 2009; 17 June
2010; 5 May 2011; 16 January 2014; 6 June 2019]
Section 23.1 Decision to
Transfer Land into Ownership for Consideration in Rural Areas
(1) The territorial unit of the State Land Service shall take
the decision to transfer land into ownership for consideration
after the plot of land has been included in the Register for
Redemption of Land in Rural Areas and after cadastral survey of
the land on the basis of a submission which has been submitted by
a person by the deadline specified in Section 23, Paragraph
eleven of this Law. The person referred to in Section 23,
Paragraph two, Clause 1 of this Law shall annex to his or her
submission a statement from a local government that the person
does not have any debts of the lease payment and immovable
property tax in respect of the plot of land to be redeemed
(purchased).
(11) The territorial unit of the State Land Service
shall, on the basis of the person's submission and after
performance of cadastral survey works, take the decision to
transfer land into ownership for consideration to the former land
owners or their heirs whose total area of the plot of land
determined as a result of cadastral survey of the land exceeds
the area of the land to which the ownership rights are to be
reinstated, and it exceeds the non-bounding limits permissible in
the cadastral survey of the land.
(2) The decision to transfer land into ownership for
consideration shall additionally indicate the payment for a
forest stand, if any.
(3) If a plot of land has several joint users, the decision to
transfer land into ownership for consideration shall be taken if
all joint users of the land have expressed their will to the
action involving the undivided share determined for each of them,
namely a submission has been received for taking of the decision
to transfer land into ownership for consideration or refusal to
redeem (purchase) the undivided share determined for him or her.
If the joint user has failed to submit the submission for taking
the decision to transfer land into ownership for consideration or
refusal to redeem (purchase) the undivided share determined for
him or her by the deadlines specified in Section 23, Paragraph
eleven, it shall be deemed that this joint user has refused to
redeem (purchase) the undivided share of the plot of land. The
respective deadline shall not apply to the former land owners or
their heirs whose total area of the plot of land determined as a
result of cadastral survey of the land exceeds the area of the
land to which the ownership rights are to be reinstated, and it
exceeds the non-bounding limits permissible in the cadastral
survey of the land.
(31) The joint user is not entitled to submit the
submission for taking the decision to transfer land into
ownership for consideration if the joint user has not expressed
his or her will to the action involving the undivided share
determined for him or her before 31 August 2010 and the decision
has already been taken to transfer land into ownership for
consideration to another joint user (Paragraph three of this
Section).
(4) If any of the joint users refuses to redeem (purchase) the
undivided share determined for him or her and also in case a
local government has taken the decision to terminate the right to
use the land in respect of any of the joint users in accordance
with the law On Land Use and Land Survey, other joint users have
the right of first refusal to redeem (purchase) this plot of land
in equal parts, unless a written agreement has been reached on
another division of undivided shares or actual division of the
plot of land.
(5) If as a result of division of the plot of land any of the
plots of land created is smaller than the minimum area of a plot
of land intended for the appropriate purpose of use of immovable
property determined in the binding regulations of a local
government or its configuration does not allow to use the
relevant plot of land according to the approved territorial
spatial plan, or it is impossible to ensure access to a road or
street from this plot of land, the plot of land shall not be
divided and it shall be redeemed in the entire area granted to
the person for permanent use.
[21 June 2007; 16 June 2009; 24 September 2009; 5 May 2011;
6 June 2019]
Section 24. Procedures and Register
for Redemption (Purchase) of Land in Cities
(1) A local government shall establish the Register for
Redemption of Land in Cities before the date of completion in
which it includes all opinions of the commission of the land in
cities on the right to acquire land into ownership for
consideration. The Register for Redemption of Land in Cities
shall not register opinions of the land commission on the land
which has already been acquired into ownership for consideration.
Owners of a residential building or users of orchards to whom
land has been granted for establishing orchards with the right of
superficies (on the basis of an opinion of the commission of the
land in cities on the right to acquire land into ownership for
consideration) that have been registered in the Register for
Redemption of Land in Cities shall, before 1 September 2008,
submit to the territorial unit of the State Land Service for
registration in the State Immovable Property Cadastre Information
System the boundary plan of land or, in accordance with the
procedures laid down by the Cabinet, a confirmation regarding
making of the prepayment in the form of privatisation
certificates before concluding the contract for the redemption
(purchase) of land (Section 32).
(11) Until 30 November 2007, the Register for
Redemption of Land in Cities shall also include opinions of the
commission of the land in cities on an application of a natural
person for the purchase of a plot of land. Opinions of the land
commission on land in respect of which the contract for the
purchase of land has been concluded with the State joint-stock
company Latvian Mortgage and Land Bank shall not be registered in
the Register for Redemption of Land in Cities. Owners of a
residential building or users of orchards to whom land has been
granted for establishing orchards with the right of superficies
(on the basis of an opinion of the commission of the land in
cities on an application of a natural person for the purchase of
a plot of land) that have been registered in the Register for
Redemption of Land in Cities shall, before 1 September 2008,
submit to the territorial unit of the State Land Service the
boundary plan registered in the State Immovable Property Cadastre
Information System or, in accordance with the procedures laid
down by the Cabinet, a confirmation regarding making of the
prepayment in the form of privatisation certificates before
concluding the contract for the redemption (purchase) of land
(Section 32).
(12) The Register for Redemption of Land in Cities
shall also include a fraction of the equivalent reinstated or
granted area of plot of land of the former land owners or their
heirs which exceeds the area of the land to which the ownership
rights are to be reinstated, and it exceeds the permissible
non-binding limits as a result of cadastral survey of the
land.
(2) Information to be entered in the Register for Redemption
of Land in Cities shall be publicly available, except for the
information which shall not be disclosed to a third person in
accordance with the Personal Data Protection Law.
(3) The Cabinet shall lay down the information to be entered
in the Register for Redemption of Land in Cities and the
procedures for keeping the Register.
(4) The State joint-stock company Latvian Mortgage and Land
Bank shall, before 31 March 2012, submit to the relevant local
government the information regarding the concluded contracts for
redemption (purchase) of land.
(41) The Cabinet shall appoint an authority which,
starting from 1 March 2014, concludes contracts for redemption
(purchase) of the land in cities in the name of the State and
controls the fulfilment of such contracts.
(5) The State land which has been recorded in the Land
Register in the name of the State by the State joint-stock
company Latvian Mortgage and Land Bank and in respect of which no
contract for the redemption (purchase) of land has been concluded
before 30 December 2011 shall be transferred into the ownership
of the relevant local government without consideration by the
deed of delivery and acceptance. Starting from 1 March 2014, the
relevant deed of delivery and acceptance shall be signed by the
authority which has been appointed by the Cabinet in accordance
with Paragraph 4.1 of this Section.
[21 June 2007; 16 June 2009; 17 June 2010; 5 May 2011; 16
January 2014]
Section 25. Action Involving the
Land in Rural Areas not Redeemed
(1) The right of permanent use of land held by legal and
natural persons to whom land has been granted for permanent use
shall expire if:
1) a person has failed to submit a request for redemption
(purchase) of land or it has not been included in the Register
for Redemption of Land in Rural Areas before the date of
completion or - in the cases referred to in Section 23, Paragraph
two of this Law - before 30 November 2007;
2) a boundary plan of land or a confirmation regarding making
of the prepayment in privatisation certificates before concluding
the contract for the redemption (purchase) of land (Section 32)
has not been submitted to the territorial unit of the State Land
Service for registration in the State Immovable Property Cadastre
Information System before 1 September 2008;
3) a submission and the relevant documents for taking the
decision to transfer land into ownership for consideration have
not been submitted to the territorial unit of the State Land
Service within the deadlines specified in Section 23, Paragraph
eleven or a refusal to redeem (purchase) land has been
received;
4) the contract for the redemption (purchase) of land has not
been concluded with the State joint-stock company Latvian
Mortgage and Land Bank before 30 December 2011, also in case
where the prepayment has been made before cadastral survey of the
land and conclusion of the contract for the redemption (purchase)
of land.
(11) The deadlines referred to in Paragraph one,
Clauses 2, 3, and 4 of this Section shall not apply to the former
land owners or their heirs whose total area of the plot of land
determined as a result of cadastral survey of the land exceeds
the area of the land to which the ownership rights are to be
reinstated, and it exceeds the non-bounding limits permissible in
the cadastral survey of the land. In this case, starting from 1
March 2014, the authority appointed by the Cabinet in accordance
with Paragraph 11.2 of Section 23 shall conclude the
contract for the redemption (purchase) of land with the former
land owners or their heirs.
(2) A person whose right of permanent use of land expires in
the cases referred to in Paragraph one of this Section or whose
right of permanent use of land has expired in accordance with the
law On the Completion of Land Reform in Rural Areas shall acquire
the priority rights of land lease to the former land in his or
her use. A land lease contract shall be concluded for a period of
not less than 10 years, unless the lessee of the land wishes to
conclude the land lease contract for a shorter period of time. If
the lessee of the land wishes, the land lease contract shall be
extended. The lessee of the land has the right to record the land
lease contract in the Land Register.
(21) A person shall exercise the priority rights of
land lease within one year from expiry of the right of permanent
use of land. If the person fails to exercise the priority rights
of land lease within the respective period, a local government
shall take the decision to use the respective land to complete
the land reform or to include it in the reserve land fund. If the
local government takes a decision before 30 December 2009, then
the land shall be used to complete the land reform, but if a
decision is taken after 30 December 2009, then the land shall be
included in the reserve land fund. Taking of the respective
decisions shall not apply to the land which has been recorded in
the Land Register in the name of the State by the State
joint-stock company Latvian Mortgage and Land Bank. A separate
law shall govern the use of the reserve land fund.
(22) A person whose right of permanent use of land
has expired in accordance with the law On the Completion of Land
Reform in Rural Areas shall, before 30 December 2012, exercise
the priority rights of land lease which have been recorded in the
Land Register in the name of the State by the State joint-stock
company Latvian Mortgage and Land Bank. Prior to concluding a
lease contract, a local government shall corroborate a plot of
land in the Land Register in the name of the local
government.
(3) If a person fails to conclude a land lease contract for
the entire former plot of land in his or her permanent use or
part thereof, this land shall be further used to complete the
land reform in accordance with a decision of a local government,
except for the following:
1) the case where the former land owner or his or her heir,
who has not received compensation for this land or equivalent
land in another place and who has confirmed in writing, before
the date of completion, his wish to reinstitute the ownership
rights to the relevant land, had applied for this land within the
time period specified in the law;
2) the case referred to in Paragraph four of this Law;
3) the case where as a result of division of the plot of land
any of the plots of land created is smaller than the minimum area
of a plot of land intended for the appropriate purpose of use of
immovable property determined in the binding regulations of a
local government or its configuration does not allow to use the
relevant plot of land according to the approved spatial plan, or
it is impossible to ensure access to a road or street from this
plot of land. In this case, the land lease contract shall be
concluded for the entire former land in permanent use of the
person.
(4) A land lease contract shall be concluded for land which is
necessary for a land user to maintain buildings (structures)
owned by him or her, including the land which has been recorded
in the Land Register in the name of the State by the State
joint-stock company Latvian Mortgage and Land Bank, and the owner
of buildings (structures) may alienate it in the future in
accordance with the procedures laid down in the Law on the
Alienation of the Property of a Public Person, but it may not be
alienated or leased to another person.
(41) If the person's right of permanent use of land
has expired in accordance with this Law and he or she does not
exercise the priority rights of land lease but buildings
(structures) owned by this person are located on the plot of
land, a local government shall take the decision to create a
separate plot of land in the area which is necessary for the
maintenance of the buildings (structures) in accordance with the
building surface provided for in the binding regulations of the
local government, except for the land which has been recorded in
the Land Register in the name of the State by the State
joint-stock company Latvian Mortgage and Land Bank. An
appropriate purpose of use shall be determined for the created
plot of land and the decision to create a separate plot of land
shall be accompanied by a graphical annex of the plot of land
indicating the cadastral designation of the plot of land to be
divided. A land lease contract shall be concluded for the created
plot of land and the owner of buildings (structures) may alienate
it in the future in accordance with the procedures laid down in
the Law on the Alienation of the Property of a Public Person, but
it may not be alienated or leased to another person.
(5) The lease payment for land shall be paid from the day when
the land user has acquired the priority rights of land lease.
(6) The land user shall pay the lease payment for the entire
land granted for use, unless he or she has, before the day the
right of permanent use of land expires:
1) concluded a land lease contract for the right of lease to
the part of the former land in his or her use;
2) waived the right to use the land in writing.
(7) The Cabinet shall approve the standard contract for the
lease of the land in rural areas and lay down the procedures for
concluding a land lease contract, the substantive provisions of
the contract, and the procedures for calculating the lease
payment on the basis of the cadastral value of the land in rural
areas.
(8) If the former land owner or his or her heir does not
redeem, in accordance with Section 23, Paragraph two, Clause 3 of
this Law, the area of the land granted for permanent use which
exceeds the area of the land to which the ownership rights are to
be reinstated, and it exceeds the permissible non-binding limits,
a local government shall take the decision to create a separate
plot of land the area of which is not smaller than the minimum
area of a plot of land intended for the appropriate purpose of
use of immovable property determined in the binding regulations
of a local government or the configuration of which allows to use
the relevant plot of land according to the approved spatial plan,
or from which it is possible to ensure access to a road or
street. An appropriate purpose of use shall be determined for the
created plot of land and the decision to create a separate plot
of land shall be accompanied by a graphical annex of this plot of
land indicating the cadastral designation of the plot of land to
be divided.
[21 June 2007; 7 February 2008; 16 June 2009; 24 September
2009; 17 June 2010; 5 May 2011; 16 January 2014]
Section 26. Action Involving the
Land in Cities not Redeemed
(1) The right to use the land held by the owners of a
residential building or users of orchards to whom land has been
granted with the right of superficies shall expire if:
1) a boundary plan of land or a confirmation regarding making
of the prepayment in privatisation certificates before concluding
the contract for the redemption (purchase) of land (Section 32,
Paragraph two) has not been submitted to the territorial unit of
the State Land Service for registration in the State Immovable
Property Cadastre Information System before 1 September 2008;
2) a registered boundary plan of land accompanied by the
submission for taking the decision to transfer land into
ownership for consideration or the submission for taking the
decision on boundaries, area of the plot of land and payment for
it has not been submitted to the commission of the land in cities
before 31 August 2009;
21) the submission for taking the decision to
transfer land into ownership for consideration accompanied by a
registered boundary plan of land has not been submitted to the
commission of the land in cities before 31 August 2011 but a
confirmation has been submitted within the deadline specified in
the law regarding making of the prepayment in the form of
privatisation certificates before concluding the contract for the
redemption (purchase) of land and the boundary plan of land has
been registered in the State Immovable Property Cadastre
Information System before 31 August 2009;
3) the contract for the redemption (purchase) of land has not
been concluded with the State joint-stock company Latvian
Mortgage and Land Bank before 30 December 2011, also in case
where the prepayment has been made before cadastral survey of the
land and conclusion of the contract for the redemption (purchase)
of land.
(11) The deadlines referred to in Paragraph one of
this Section shall not apply to the former land owners or their
heirs whose total area of the plot of land determined as a result
of cadastral survey of the land exceeds the area of the land to
which the ownership rights are to be reinstated, and it exceeds
the non-bounding limits permissible in the cadastral survey of
the land. In this case, starting from 1 March 2014, the authority
appointed by the Cabinet in accordance with Section 24, Paragraph
4.1 shall conclude the contract for the redemption
(purchase) of land with the former land owners or their
heirs.
(2) A person whose right to use land expires in the cases
referred to in Paragraph one of this Section shall acquire the
right of land lease to the former land in his or her use. A land
lease contract shall be concluded for this land with a local
government and the owner of a residential building or user of an
orchard to whom land has been granted with the right of
superficies may alienate this land in the future in accordance
with the procedures laid down in the Law on the Alienation of the
Property of a Public Person, but it may not be alienated or
leased to another person. A land lease contract shall be
concluded for a period of not less than 10 years, unless the
lessee of the land wishes to conclude the land lease contract for
a shorter period of time. A person may not refuse to conclude the
land lease contract. The lessee of the land has the right to
record the land lease contract in the Land Register.
(21) Land which has been recorded in the name of
the State by the State joint-stock company Latvian Mortgage and
Land Bank shall be corroborated in the Land Register in the name
of the local government before concluding a lease contract.
(3) The lease payment for land shall be paid from the day when
the land user has acquired the right of land lease.
(4) The Cabinet shall approve the standard contract for the
lease of the land in cities and lay down the procedures for
concluding a land lease contract, the substantive provisions of
the contract, and the procedures for calculating the lease
payment on the basis of the cadastral value of a plot of
land.
[21 June 2007; 7 February 2008; 16 June 2009; 17 June 2010;
5 May 2011; 16 January 2014]
Section 26.1 Equivalent
Land Compensation Fund in Cities
(1) In order to transfer equivalent land into the ownership of
the former land owners or their heirs in the cases specified in
Section 12 of the law On Land Reform in the Cities of the
Republic of Latvia and in accordance with Section 6, Paragraph
one of the law On Land Ownership Rights of the State and Local
Governments and Corroboration Thereof in the Land Registers, a
local government council shall establish an equivalent land
compensation fund.
(2) The former land owners or their heirs shall be granted
equivalent land instead of their former property in the territory
of the same city and the current cadastral value of this land
shall compensate for the property value of the former land as at
21 July 1940.
(21) A person whose ownership rights cannot be
reinstated in accordance with Section 12, Paragraph one, Clause 3
of the law On Land Reform in the Cities of the Republic of Latvia
or who has chosen to receive equivalent land in accordance with
Section 12, Paragraph three, Sub-clause 2 of the respective law,
and whose former land had such low property value as at 21 July
1940 that it does not compensate for the cadastral value of the
plot of land included in the equivalent land compensation fund,
is entitled to acquire in his or her ownership one plot of land
from the plots of land included in the land compensation fund
with the closest possible cadastral value the area of which is
not smaller than the minimum area of the plot of land determined
in the territorial local government spatial plan. The former land
owners or their heirs shall cover the difference between the
cadastral value of the land granted and the property value of the
former land by using privatisation certificates or euros as means
of payment. The relevant person shall chose the mean of
payment.
(3) The Cabinet shall lay down the procedures for establishing
the equivalent land compensation fund and also the procedures for
calculating the property value of the former land as at 21 July
1940, and the procedures for granting equivalent land to the
former land owners or their heirs.
[21 June 2007; 7 February 2008; 29 January 2009; 17 June
2010; 19 September 2013; 6 July 2021]
Chapter V
Procedures for Terminating Granting and Settlement of
Privatisation Certificates
Section 27. Termination of the
Granting of Privatisation Certificates
(1) A person may submit applications for granting
privatisation certificates in accordance with the law On
Privatisation Certificates and also the relevant documents
confirming the ownership and inheritance rights to the relevant
State or local government institutions before 28 April 2006 but
persons who have obtained the status of a politically repressed
person after this date - before 28 December 2007.
(2) The deadline referred to in Paragraph one of this Section
shall not apply to the granting of privatisation certificates for
the period lived in Latvia and the activities in respect of which
the deadlines have lapsed in accordance with other laws before 28
April 2006.
(3) State or local government authorities shall examine all
applications for granting privatisation certificates in
accordance with the law On Privatisation Certificates and take
the relevant decisions within two months.
(4) In accordance with Section 9.1 of the law On
Renewal of Property Rights to Undertakings and Other Property
Objects, a person may lodge a claim with a court regarding
granting of compensation before 28 February 2006, unless the
prescriptive period for the claim determined in the Civil Law has
set in.
(5) The granted privatisation certificates shall be credited
to a privatisation certificate account in accordance with the
procedures laid down in the law On Privatisation Certificates if
the recipient of certificates has submitted the documents
necessary for opening the account or crediting the additionally
granted privatisation certificates to the person to whom the
Cabinet has delegated, in accordance with Section 3.1
of the law On Privatisation Certificates, a State administration
task to service the privatisation certificate account
(hereinafter - the holder of privatisation certificate accounts)
within four months after the relevant local government documents
and the information approved by the person to whom the Cabinet
has delegated, in accordance with Section 3.1 of the
law On Privatisation Certificates, a State administration task to
administer the handling of privatisation certificates have been
submitted to the holder of privatisation certificate
accounts.
(6) A person shall lose the right to deposit the privatisation
certificates granted thereto to the privatisation certificate
account, unless the conditions referred to in Paragraph five of
this Section have been met.
(7) Any disputes arising in relation to Paragraph five of this
Section shall be examined by the Ministry of Economics. A
decision by the Ministry of Economics may be appealed to the
court.
[21 June 2007; 16 January 2014]
Section 28. Settlement of
Privatisation Certificates upon Receipt of Payment in Cash
(1) The right to settle privatisation certificates in the
cases specified in laws upon receipt of their value in cash shall
lapse if a person:
1) has acquired the right to settle privatisation certificates
before 30 September 2005 but has failed, before 29 September
2006, to perform the activities involving privatisation
certificates provided for in Cabinet regulations and to notify a
bank account to which cash is to be credited;
2) has acquired the right to settle privatisation certificates
after 30 September 2005 or after 31 August 2007 but afterwards,
within 12 months, has failed to approach the holder of
privatisation certificate accounts and to perform the activities
provided for the settlement of privatisation certificates in
accordance with Cabinet regulations.
(2) The right of the persons determined in the law On Renewal
of the Disbursement of Compensations to Persons Deported in an
Administratively Unjustified Manner and Settlement of the
Property Compensation Certificates Granted to Such Persons and of
the politically repressed persons referred to in Section 12 of
the law On Land Privatisation in Rural Areas to settle
privatisation certificates upon receipt of their value in cash
shall lapse if the person:
1) has acquired the right to settle privatisation certificates
before 31 August 2007 but has failed, before 31 August 2008, to
approach a credit institution with which his or her privatisation
certificate account has been opened and to perform the activities
for the settlement of privatisation certificates provided for in
Cabinet regulations;
2) has acquired the right to settle privatisation certificates
after 30 September 2005 or after 31 August 2007 but afterwards,
within 12 months, has failed to approach the holder of
privatisation certificate accounts and to perform the activities
provided for the settlement of privatisation certificates in
accordance with Cabinet regulations.
[21 June 2007; 16 January 2014]
Section 29. Termination of Crediting
Privatisation Certificates Back
After taking the decision to terminate privatisation of State
or local government property, the authority carrying out
privatisation is not entitled to perform any activities as a
result of which privatisation certificates would be credited back
to the acquirer of the State or local government property. In the
case of alienation, property compensation certificates shall not
be credited back after fulfilment of the obligations under the
purchase contract.
Chapter VI
Conditions for the Use of Privatisation Certificates
Section 30. Part to be Paid in
Property Compensation Certificates for a Plot of Land to be
Privatised
(1) In privatising a separate built-up plot of land owned by
or under jurisdiction of the State or a local government or land
included in the composition of immovable property in respect of
which a proposal for privatisation has been submitted to and
registered, in accordance with the prescribed procedures, in the
authority carrying out privatisation before 31 December 2003, the
part to be paid in property compensation certificates shall not
be smaller than 80 per cent but in respect of a plot of land
which is located in the territories requiring special assistance
- not smaller than 90 per cent of the sale price of the plot of
land.
(2) In privatising a separate built-up plot of land owned by
or under jurisdiction of the State or a local government in
respect of which a proposal for privatisation has been submitted
to and registered, in accordance with the prescribed procedures,
in the authority carrying out privatisation from 1 January 2004
to the date of completion, the part to be paid in property
compensation certificates shall constitute the following
percentage of the sale price of the plot of land:
1) 40 per cent in Rīga and Jūrmala;
2) 50 per cent in Daugavpils, Liepāja, Jelgava, Rēzekne,
Ventspils, Baldone, Baloži, Olaine, Salaspils, Saulkrasti,
Sigulda, and Vangaži;
3) 80 per cent in other cities and rural areas.
(3) A purchaser of a plot of land is entitled to pay in euros
the part which is to be paid in property compensation
certificates but in the cases referred to in Section 31,
Paragraphs seven and eight of the law On Land Reform in the
Cities of the Republic of Latvia and Section 63, Paragraph six of
the law On Privatisation of State and Local Government Property
Objects - to pay in property compensation certificates the part
which is to be paid in euros.
[29 January 2009; 19 September 2013]
Section 31. Part to be Paid in
Property Compensation Certificates for a Plot of Land to be
Alienated
(1) In alienating a built-up plot of land owned by or under
jurisdiction of the State or a local government or land included
in the composition of immovable property in respect of which a
proposal for alienation has been submitted to and registered, in
accordance with the prescribed procedures, in the authority
carrying out alienation before 31 December 2003, the part to be
paid in property compensation certificates shall be 80 per cent
of the sale price of the plot of land.
(2) In alienating a built-up plot of land owned by or under
jurisdiction of the State or a local government in respect of
which a proposal for alienation has been submitted to and
registered, in accordance with the prescribed procedures, in the
authority carrying out alienation from 1 January 2004 to the date
of completion, the part to be paid in property compensation
certificates shall constitute the following percentage of the
sale price of the plot of land:
1) 40 per cent in Rīga and Jūrmala;
2) 50 per cent in Daugavpils, Liepāja, Jelgava, Rēzekne,
Ventspils, Baldone, Baloži, Olaine, Salaspils, Saulkrasti,
Sigulda, and Vangaži;
3) 80 per cent in other cities and rural areas.
(3) A purchaser of a plot of land is entitled to pay in euros
the part which is to be paid in property compensation
certificates but in the cases referred to in Section 31,
Paragraphs seven and eight of the law On Land Reform in the
Cities of the Republic of Latvia - to pay in property
compensation certificates the part which is to be paid in
euros.
[29 January 2009; 19 September 2013]
Section 32. Settlement of Payments
for Land to be Redeemed (Purchased)
(1) A person who has the right in accordance with this Law,
the law On Land Privatisation in Rural Areas, the law On the
Completion of Land Reform in Rural Areas, the law On Land Reform
in the Cities of the Republic of Latvia, and the law On
Completion of Land Reform in Cities is entitled to use
privatisation certificates as means of payment in the cases, in
the amount, and in accordance with the procedures laid down in
the land reform laws by complying with the provisions of this
Law.
(2) The person referred to in Paragraph one of this Section
shall, after inclusion of a plot of land in the Register for
Redemption of Land in Rural Areas or the Register for Redemption
of Land in Cities, is entitled to make a prepayment in
privatisation certificates for the entire land to be redeemed
(purchased) according to the cadastral value of the land
(hereinafter - the prepayment) before cadastral survey of the
land and concluding of the contract for the redemption (purchase)
of land. The prepayment shall not include the value of a forest
stand.
(3) If on the day of taking the decision to transfer land into
ownership for consideration the cadastral value of the plot of
land for which the prepayment was made has changed in accordance
with the procedures laid down in the laws and regulations
governing cadastral survey of land, the amount of the payment
shall be determined in the decision to transfer land into
ownership for consideration at the cadastral value of land which
formed the basis for the calculation of the prepayment.
(4) If a person has made the prepayment but has failed to,
within the time period specified in this Law, conclude a contract
with the State joint-stock company Latvian Mortgage and Land Bank
or the authority referred to in Section 23, Paragraph
11.2 or Section 24, Paragraph 4.1 of this
Law, the credited privatisation certificates shall be settled in
accordance with the Cabinet regulations issued on the basis of
the law On Privatisation Certificates.
(5) Upon written request of the person who has the right of
redemption (purchase), the relevant local government council in
respect of the land in cities or the State Land Service in
respect of the land in rural areas shall issue a certified
statement indicating the following:
1) the information regarding the plot of land to which the
person has the right of redemption (purchase);
2) the cadastral value of the plot of land;
3) the account number to which privatisation certificates are
to be credited.
(6) In making the prepayment, the transfer order of
privatisation certificates shall indicate that this is a
prepayment.
(7) The Cabinet shall lay down the procedures for prepayment
and the procedures by which the State joint-stock company Latvian
Mortgage and Land Bank notifies of the prepayments made.
(8) The Cabinet shall lay down the procedures for concluding
the contract for the redemption (purchase) of land, the
substantive provisions of the contract, the procedures for
covering expenses associated with concluding the contract, and
the amount of the expenses, and also approve the standard
contract for the redemption (purchase) of land.
(9) The contract for the redemption (purchase) of land shall
provide for the deferred payment upon request of a person. A fee
for the deferred payment shall be six per cent a year of the
outstanding share of privatisation certificates and euros by
making interest charge in euros, and the time period for the
settlement of payments shall be five years. In concluding the
contract for the redemption (purchase) of land, the first
instalment for the payment for the land to be redeemed
(purchased) shall be determined as [zero per cent of the
redemption (purchase) price of the land].
[21 June 2007; 29 January 2009; 24 September 2009; 19
September 2013; 16 January 2014; 6 June 2019; 6 July
2021]
Section 33. Opening of a
Privatisation Certificate Account
If the proposal for the privatisation of a built-up plot of
land has been registered in the Privatisation Register or a
proposal for alienation - in the Alienation Register, or the
request for redemption of the land granted for permanent use - in
the Register for Redemption of Land in Rural Areas, or an opinion
of the commission of the land in cities on the right to acquire
land into ownership for consideration - in the Register for
Redemption of Land in Cities, a purchaser of land to whom
privatisation certificates have not been granted has the right to
open a privatisation certificate account in accordance with the
Cabinet regulations issued on the basis of the law On
Privatisation Certificates.
[21 June 2007]
Section 34. Privatisation
Certificates as Means of Payment Instead of Property Compensation
Certificates
(1) In order to promote the use of privatisation certificates
as means of payment in the privatisation, alienation of the State
or local government property, and implementation of the land
reform, a person has the right to use privatisation certificates
in the cases and in accordance with the procedures laid down in
this Section in order to make the payments to be made in property
compensation certificates in accordance with the laws and
regulations and the concluded purchase contracts.
(2) If on the first day of each month the number of property
compensation certificates not used has been smaller for more than
three consecutive months than three per cent of the total number
of the granted property compensation certificates, the Cabinet
shall, within a month, take a decision determining that a person
acquires the right to use privatisation certificates as means of
payment instead of property compensation certificates starting
from the first day of the following month. If the abovementioned
number of the property compensation certificate not used is not
reached before 1 June 2008, the Cabinet shall take a decision
determining that the person acquires the right to use
privatisation certificates as means of payment instead of
property compensation certificates starting from 1 July 2008.
(3) The Cabinet shall, on a quarterly basis, determine the
proportion in which privatisation certificates can be used as
means of payment instead of property compensation certificates
and the time period within which payments can be made according
to this proportion. The proportion in which privatisation
certificates can be used as means of payment instead of property
compensation certificates shall be determined according to the
ratio of average prices of property compensation certificates and
privatisation certificates over the previous 12 months which has
been determined according to the information provided by licensed
intermediate companies regarding the sale of privatisation
certificates, including property compensation certificates,
except for the sale to another intermediate company. The 12-month
period referred to in this Paragraph shall end one month before
the date from which the Cabinet determines, in accordance with
Paragraph two of this Section, the proportion in which
privatisation certificates can be used as means of payment
instead of property compensation certificates.
(4) In making a transaction in which privatisation
certificates are used as means of payment instead of property
compensation certificates, the number of property compensation
certificates instead of which privatisation certificates are
credited shall be indicated in a payment order.
[21 June 2007]
Chapter VII
Action in Case of Disputes
[21 June 2007]
Section 35. Action in Case of any
Disputes Regarding Matters Related to the Privatisation of State
or Local Government Property Objects, Built-up or Vacant Plots of
Land
If court proceedings have been initiated regarding matters
related to the transfer of State or local government property
objects, built-up or vacant plots of land for privatisation, and
a court ruling, under which the decision taken by the Cabinet or
the authority carrying out privatisation of local government or
State property respectively on the refusal of the proposal for
the privatisation of a State or local government property object,
a built-up or vacant plot of land has been recognised as
unlawful, has entered into legal effect, the decision to transfer
State or local government property objects, built-up or vacant
plots of land for privatisation shall be taken within four months
from the day the court ruling has entered into effect.
[7 February 2008; 29 January 2009; 6 June 2019]
Section 36. Valuation of State or
Local Government Property Objects or Built-up Plots of Land
(1) [17 June 2010]
(2) If a court ruling has entered into legal effect under
which after the day of coming into force of this Law the decision
taken by the Cabinet or the authority carrying out privatisation
of local government or State property on the refusal to transfer
for privatisation a built-up plot of land (a separate built-up
plot of land or a built-up plot of land together with a State or
local government property object to be privatised) has been
recognised as unlawful, the relevant built-up plot of land shall
be privatised in the future at the value of a built-up plot of
land for the purpose of privatisation at which this plot of land
was valued on the day when the decision was taken on the refusal
to transfer it for privatisation but if the decision on the
refusal to transfer the relevant built-up plot of land for
privatisation was taken after 31 August 2007 - this built-up plot
of land shall be privatised in the future at the value of a
built-up plot of land for the purpose of privatisation which has
been determined in accordance with Section 8, Paragraph two of
this Law.
(3) If a court ruling has entered into legal effect under
which after the day of coming into force of this Law the decision
taken by the authority carrying out alienation on the refusal to
alienate a built-up plot of land of the State or a local
government has been recognised as unlawful, the relevant built-up
plot of land of the State or a local government shall be
alienated in the future at the value of a built-up plot of land
for the purpose of privatisation at which this plot of land was
valued on the day when the decision was taken on the refusal to
alienate it but if the decision on the refusal to alienate the
relevant built-up plot of land was taken after 31 August 2007 -
this built-up plot of land shall be alienated in the future at
the value of a built-up plot of land for the purpose of
privatisation which has been determined in accordance with
Section 8, Paragraph two of this Law.
[7 February 2008; 29 January 2009; 17 June 2010; 6 June
2019]
Section 37. Performance of
Activities in Case of Any Disputes Regarding Matters Related to
the Land Reform
(1) If the activities provided for in this Law, the law On
Land Privatisation in Rural Areas, the law On the Completion of
Land Reform in Rural Areas, the law On Land Reform in the Cities
of the Republic of Latvia, and the law On Completion of Land
Reform in Cities cannot be performed objectively within the
specified time periods, all the remaining activities shall be
performed not later than within a year from the day of entry into
effect of a decision of the Central Land Commission, a decision
of the commission of the land in cities in a case regarding a
dispute about land boundaries, a decision of the State Land
Service, or a court ruling, or if a court has set aside a
decision of the competent authority or recognised it as invalid -
not later than within a year from the day of entry into effect of
a new decision of the competent authority if a dispute or court
proceedings have been initiated regarding taking of the following
decision or action:
1) regarding the decision of a local government to transfer
land for permanent use;
2) regarding the decision of a local government to terminate
the right of permanent use of land;
3) regarding inclusion of land in the Register for Redemption
of Land in Rural Areas or the Register for Redemption of Land in
Cities;
4) regarding the decision in relation to the issuance of a
certified statement of prepayment;
5) regarding the decision to transfer land into ownership for
consideration;
6) regarding a decision taken by the State joint-stock company
Latvian Mortgage and Land Bank or the authority appointed by the
Cabinet that ensures redemption (purchase) process of land;
7) regarding conclusion of the contract for the redemption
(purchase) of land;
8) regarding a dispute about land boundaries.
(2) If a court ruling has entered into legal effect under
which the decision referred to in Paragraph one, Clauses 1, 2,
and 3 of this Section has been recognised as unlawful, land shall
be redeemed (purchased) at the cadastral value of plot of land as
at the day when the decision, which has been recognised as
unlawful, was taken.
[16 June 2009; 16 January 2014]
Section 38. Time Periods for the
Examination of Disputes
Disputes which are related to the privatisation of State or
local government property objects, built-up or vacant plot of
lands, the granting and use of privatisation certificates, and
the issues of land reform in cities and rural areas shall be
examined by a court not later than within nine months from the
day an application is received.
Transitional
Provisions
1. The provisions of Section 8 of this Law regarding the
procedures for determining the price and the provision of Section
13, Paragraph two regarding the application of interest in the
case of the deferred payment (hire) shall not be applicable
provided that one of the following conditions is present:
1) provisions of privatisation of a State property object has
been sent to the person who has the right of first refusal before
the day of coming into force of this Law and this person submits,
within the time period specified in the provisions of
privatisation, to the authority carrying out privatisation of
State properties a confirmation that he or she agrees to
privatise the State property object in accordance with these
provisions of privatisation;
2) a notice regarding approval of the provisions of
privatisation of a State property object has been published
before the day of coming into force of this Law in accordance
with the procedures laid down by law and the privatisation
subject submits, within the time period specified in the
provisions of privatisation, to the authority carrying out
privatisation of State properties a confirmation that he or she
wishes to privatise the object in accordance with these
provisions of privatisation;
3) an offer to conclude the contract for the purchase of a
local government property object to be privatised has been sent
to a person who has the right of first refusal before the day of
coming into force of this Law and this person submits, within the
time period specified in law, to the local government a
confirmation that this person agrees to conclude this contract
under the conditions which are provided for in the approved draft
of privatisation of the local government property object;
4) a notice regarding approval of the draft of privatisation
of a local government property object has been published before
coming into force of this Law in accordance with the procedures
laid down by law;
5) a notice regarding approval of the provisions of
privatisation of a vacant State or local government plot of land
has been published before coming into force of this Law in
accordance with the procedures laid down by law and the
privatisation subject submits, within the time period specified
in this notice, to the authority carrying out privatisation of
State properties or to a local government a confirmation that he
or she wishes to privatise the plot of land in accordance with
these provisions of privatisation;
6) provisions of privatisation of a built-up State or local
government plot of land to be privatised has been sent before
coming into force of this Law to the person who has the right of
first refusal and this person submits, within the time period
specified in law, to the authority carrying out privatisation of
State properties or a local government the documents and
information requested in the provisions of privatisation.
[6 June 2019]
2. The provisions of Section 8 of this Law regarding the
procedures for determining the price and the provision of Section
20, Paragraph eight regarding the application of interest in the
case of the deferred payment (hire) shall not be applicable if
the provisions of alienation of a built-up plot of land has been
sent before coming into force of this Law to the person who has
the right of first refusal and this person submits, within the
time period specified in the provisions of alienation, to the
authority carrying out alienation a confirmation that he or she
agrees to purchase the built-up plot of land in accordance with
these provisions of alienation.
3. Until the date of completion, the lessee has the right to
submit, in accordance with the procedures laid down in this Law,
to the authority carrying out privatisation or the authority
carrying out alienation respectively the proposal for the
privatisation or for the alienation of a vacant plot of land
which is leased before the day of adoption of this Law and:
1) its lease term is at least 10 years;
2) its lease contract has been corroborated in the Land
Register;
3) its lease contract provides for the right of the lessee to
build buildings (structures) on the leased plot of land as
independent property objects.
4. The plot of land referred to in Paragraph 3 of Transitional
Provisions shall be privatised or alienated in accordance with
the provisions of this Law regarding the privatisation or
alienation of a built-up plot of land if the ownership rights of
the lessee to the buildings (structures) which are on the plot of
land are corroborated in the Land Register not later than by 31
December 2008.
[21 June 2007]
4.1 If the ownership rights of the lessee of the
plot of land to the buildings (structures) which have been built
on this plot of land are not corroborated in the Land Register
before the time period referred to in Paragraph 4 of Transitional
Provisions, the authority carrying out privatisation or
alienation respectively shall take the decision not to transfer
this plot of land for privatisation or alienation if the
ownership rights of the lessee of the plot of land to the
buildings (structures) have not been corroborated in the Land
Register before the deadline referred to in Paragraph 4 of
Transitional Provisions. This plot of land may be alienated in
the future in accordance with the procedures laid down in the Law
on the Alienation of the Property of a Public Person.
[21 June 2007; 5 May 2011]
4.2 If the plot of land referred to in Paragraph 3
of Transitional Provisions has been transferred for privatisation
as a vacant parcel and the ownership rights of the lessee of the
plot of land to the buildings (structures) which have been built
on this plot of land are not corroborated in the Land Register
before the deadline referred to in Paragraph 4 of Transitional
Provisions, the authority carrying out privatisation shall take
the decision to terminate privatisation of this plot of land.
This plot of land may be alienated in the future in accordance
with the procedures laid down in the Law on the Alienation of the
Property of a Public Person.
[21 June 2007; 5 May 2011]
5. The Cabinet shall, not later than by 1 September 2005,
issue regulations which prescribe the following:
1) the procedures for keeping the Privatisation Register and
the information to be entered in the Register which have been
referred to in Section 5, Paragraph nine;
2) the procedures for keeping the Alienation Register and the
information to be entered in the Register which have been
referred to in Section 18, Paragraph seven;
3) [21 June 2007];
4) the procedures for keeping the Register for Redemption of
Land in Cities and the information to be entered in the Register
which have been referred to in Section 24, Paragraph three.
[21 June 2007]
5.1 The Cabinet shall, before 30 September 2007,
issue regulations which govern the procedures for submitting and
examining the requests for redemption (purchase) of the land in
rural areas referred to in Section 23, Paragraph three of this
Law, and also the procedures for including the plots of land to
be redeemed (purchased) in the Register for Redemption of Land in
Rural Areas, the information to be entered in the Register, and
the procedures for maintaining the Register.
[21 June 2007]
6. The Cabinet shall, not later than by 1 March 2008, issue
regulations which prescribe the following:
1) the prepayment procedures and the procedures by which the
State joint-stock company Latvian Mortgage and Land Bank notifies
of the made prepayments which have been referred to in Section
32, Paragraph seven of this Law;
2) the procedures for concluding the contract for the
redemption (purchase) of land, the substantive provisions of the
contract, the procedures for covering expenses associated with
concluding the contract, and the amount of the expenses, and also
the standard contract for the redemption (purchase) of land which
have been referred to in Section 32, Paragraph eight of this
Law;
3) the procedures for establishing the equivalent land
compensation fund and also the procedures for granting equivalent
land to the former land owners or their heirs which have been
referred to in Section 26.1, Paragraph three of this
Law.
[21 June 2007; 7 February 2008]
6.1 Until the day of coming into force of the
regulations referred to in Paragraphs 5.1 and 6 of
Transitional Provisions but not later than until 30 September
2007, Cabinet Regulation No. 641 of 30 August 2005, Regulations
Regarding the Register for Redemption of Land in Rural Areas,
Cabinet Regulation No. 418 of 23 May 2006, Regulations Regarding
the Payments when Redeeming the Land Granted for Use in Rural
Areas, and the Cabinet Regulation No. 701 of 29 August 2006,
Procedures for Making the Prepayment and Submitting a
Confirmation of the Prepayment when Redeeming Land in Cities,
shall be applicable, insofar as the respective regulations are
not in conflict with this Law.
[21 June 2007]
7. The Cabinet shall, before 30 November 2008, analyse the
situation in respect of the land transferred for permanent use
but not subject to survey and provide a report on this to the
Saeima.
[7 February 2008]
7.1 The Cabinet shall, before 1 March 2010, analyse
the situation in respect of the use of certificates and provide a
report on this to the Saeima.
[7 February 2008]
8. The Cabinet shall, not later than by 1 September 2005,
issue the regulations referred to in Section 8, Paragraph two of
this Law regarding appraisal of land for the purpose of
privatisation.
9. The Cabinet shall, not later than by 1 September 2005,
issue regulations which prescribe the following:
1) the procedures for calculating the lease payment for the
built-up plot of land referred to in Section 9, Paragraph seven
and Section 20, Paragraph nine of this Law;
2) the procedures for calculating the lease payment for the
vacant plot of land referred to in Section 22, Paragraph four of
this Law;
3) the procedures for concluding the contract for the lease of
the land in rural areas not redeemed, the substantive provisions
of the lease contract, and the procedures for calculating the
lease payment, and also the approval of the standard contract for
the lease of the land in rural areas which have been referred to
in Section 25, Paragraph seven of this Law;
4) the procedures for concluding the contract for the lease of
the land in cities not redeemed, the substantive provisions of
the lease contract, and the procedures for calculating the lease
payment, and also the approval of the standard contract for the
lease of the land in cities which have been referred to in
Section 26, Paragraph four of this Law.
10. The time period for taking the decision referred to in
Section 6, Paragraphs one and two, and also Section 7, Paragraphs
one and four of this Law in respect of the proposals for
privatisation which have been received before the day of coming
into force of this Law shall be counted from the day when the
relevant proposal for privatisation has been registered in the
Privatisation Register rather than from the day when the proposal
has been submitted.
11. The time period for taking the decision referred to in
Section 19, Paragraphs one and three of this Law in respect of
the proposals for alienation which have been received before the
day of coming into force of this Law shall be counted from the
day when the relevant proposal for alienation has been registered
in the Alienation Register rather than from the day when the
proposal has been submitted.
12. The Cabinet or a local government council shall take the
decision to transfer for privatisation referred to in Section 6,
Paragraph two of this Law or a reasoned refusal to reject the
proposal for privatisation within 52 months from the day of
receipt of the proposal for privatisation in respect of the
proposals for privatisation which have been registered in the
Privatisation Register in accordance with Section 5, Paragraphs
one, four, and five of this Law starting from 1 July 2006.
[21 June 2007; 7 February 2008; 18 December 2008; 18
February 2010]
13. The authority carrying out privatisation of State property
shall, within 25 months from the day a proposal for privatisation
has been submitted, prepare and submit to the Ministry of
Economics a draft Cabinet Order in respect of the proposals for
privatisation which have been registered in the Privatisation
Register in accordance with Section 5, Paragraphs one, four, and
five of this Law starting from 1 July 2006.
[21 June 2007; 7 February 2008; 6 June 2019]
14. The Rīga Local Government City Council shall take the
decision referred to in Section 6, Paragraph two of this Law to
transfer a local government property object or a built-up plot of
land for privatisation or a reasoned refusal to reject the
proposal for the privatisation of a local government property
object or a built up plot of land:
1) before 31 August 2007 - in respect of the proposals for
privatisation which have been registered in the Privatisation
Register in accordance with Section 5, Paragraphs one, four, and
five of this Law from 1 September 2005 to 31 December 2005;
2) before 29 February 2008 - in respect of the proposals for
privatisation which have been registered in the Privatisation
Register in accordance with Section 5, Paragraphs one, four, and
five of this Law from 1 January 2006 to 30 June 2006;
3) before 31 December 2010 - in respect of the proposals for
privatisation which have been registered in the Privatisation
Register in accordance with Section 5, Paragraphs one, four, and
five of this Law starting from 1 July 2006.
[21 June 2007; 7 February 2008; 18 December 2008; 18
February 2010]
14.1 The Rīga Local Government City Council shall
take the decision referred to in Section 6, Paragraph two of this
Law to transfer a vacant plot of land for privatisation or a
reasoned refusal to reject the proposal for the privatisation of
a vacant plot of land before 30 December 2010.
[7 February 2008; 18 February 2010]
14.2 If during the period until the deadline
specified in Section 6, Paragraph two of this Law and Paragraph
12, 14, or 14.1 of Transitional Provisions court
proceedings have been initiated but have not been completed in
relation to a dispute about ownership rights to a State or local
government property object or a vacant plot of land or
corroboration thereof in the Land Register, or court proceedings
have been initiated but have not been completed in a case
regarding recognition of property as ownerless property or
property without heirs, the Cabinet or a local government council
shall take the decision to transfer for privatisation or a
reasoned refusal to transfer for privatisation referred to in
Section 6, Paragraph two of this Law within four months from the
day when a court ruling or a notarial deed has entered into legal
effect.
[7 February 2008]
15. [16 June 2009]
16. If during the period until the date of completion court
proceedings have been initiated but have not been competed in
relation to a dispute about ownership rights to buildings
(structures) or corroboration thereof in the Land Register, a
person is entitled to, after the ownership rights to the
buildings (structures) which are located on the plot of land have
been corroborated in the Land Register, submit the proposal for
the alienation of a built-up plot of land within three months
from the day when a court judgement has entered into legal effect
in the respective case. Submission of such proposal for
alienation has the same legal consequences as submission of the
proposal for alienation before the date of completion.
[21 June 2007]
17. The priority rights of land lease shall expire on 30
November 2007 in respect of a person whose right of permanent use
of land has expired from 1 September 2006 in accordance with
Section 25 of this Law.
[21 June 2007]
18. If by 1 August 2007 a local government has failed to
submit a request for corroboration for registration in the Land
Register in respect of the land to which the person's right of
permanent use expired from 1 September 2006 in accordance with
Section 25 of this Law, the right to this land may not be
corroborated in the Land Register in the name of the local
government until 30 December 2011, except for the cases referred
to in Section 25, Paragraph one, and also Section 26, Paragraph
one of this Law where the person refuses to redeem (purchase)
land.
[24 September 2009; 5 May 2011]
19. A person who has concluded a land lease contract with a
local government and has submitted the request for the redemption
(purchase) of land in accordance with the procedures laid down in
Section 23, Paragraph two of this Law, and also has been included
in the Register for Redemption of Land in Rural Areas shall
compensate the local government for the expenses, if any,
associated with the cadastral survey of the land and the
registration of cadastre data in the State Immovable Property
Cadastre Information System.
[21 June 2007]
20. If in accordance with a decision of a local government the
land is to be used for the completion of the land reform and the
ownership rights of the former owner or his or her heir have been
reinstated to this land, the respective person shall compensate
the local government for the expenses associated with the
cadastral survey of the land and the registration of cadastre
data in the State Immovable Property Cadastre Information System
if the local government has incurred such expenses, and the
person shall be obliged to compensate for them in the cases
specified in laws and regulations. The expenses shall be
compensated for not later than within six months from the day
when the decision has been taken to reinstate the ownership
rights.
[21 June 2007]
21. If a person whose right of permanent use of land expired
from 1 September 2006 in accordance with Section 25 of this Law
has performed cadastral survey of the land and registration of
cadastre data, and the right to this land has been corroborated
in the Land Register in the name of a local government, the local
government shall be obliged to, not later than within six months
from the day when the right has been corroborated in the Land
Register, compensate this person for the expenses associated with
the cadastral survey of the land and the registration of cadastre
data in the State Immovable Property Cadastre Information
System.
[21 June 2007]
22. After the deadline specified in Section 6, Paragraph eight
of this Law but not later than by 30 December 2009, the Cabinet
or a local government council is entitled to transfer for
privatisation itself the State or local government capital shares
of a capital company in which the State or a local government
already owns the capital shares transferred for privatisation but
not privatised yet.
[21 June 2007]
23. Persons who had lost the right from 1 April 2006 to 1
August 2007 to credit to a privatisation certificate account the
privatisation certificates granted to them may credit the
privatisation certificates to this account in accordance with
Section 27, Paragraph five of this Law.
[21 June 2007]
24. In privatising a State or local government property
object, a built-up or vacant plot of land of joint property, a
joint owner as the person who has the right of first refusal
shall sell the undivided share owned by the State or a local
government of the State or local government property object, a
built-up or vacant plot of land in accordance with the procedures
laid down in Section 14, Paragraphs two, three, and four of the
Law on the Alienation of the Property of a Public Person.
[21 June 2007; 5 May 2011]
25. The time period referred to in Section 38 of this Law in
respect of applications which have been filed with a court in the
matters referred to in this Section before 31 July 2007 shall be
determined from 1 August 2007.
[21 June 2007]
26. If a person has concluded the contract for the purchase of
a State or local government property object and also a built-up
or vacant plot of land to which the deferred payment (hire) is
applied and the fee for the deferred payment is 12 per cent a
year of the outstanding share of privatisation certificates and
euros, the fee for the deferred payment specified in Section 13,
Paragraph two and Section 20, Paragraph eight of this Law shall
be applied when making future payments after 1 August 2007.
[21 June 2007; 19 September 2013]
27. The Cabinet shall, not later than by 1 November 2007,
issue the regulations referred to in Section 16, Paragraph five
of this Law. Until the issuance of these Cabinet regulations but
not later than until 1 November 2007, Cabinet Regulation No. 645
of 30 August 2005, Regulations Regarding the Procedures for
Calculating the Lease Payment for Plots of Land and the
Procedures for Entering into Contracts for the Lease of the Land
in Cities not Redeemed, is in force, insofar as it is not in
conflict with this Law.
[21 June 2007]
28. [16 June 2009]
29. [16 June 2009]
30. [16 June 2009]
31. The authority carrying out privatisation or alienation
shall before signing of a purchase contract inform the person who
has the right of first refusal by sending him or her a notice in
a registered letter of the right to purchase a built-up plot of
land at the value for the purpose of privatisation as at 31
August 2007. In this case, the person shall provide a reply
within 30 days from the day of receipt of the notice. The
authority carrying out privatisation or alienation shall not send
a notice to such person if the notice of privatisation or
alienation (provisions of privatisation, a draft of
privatisation) has been sent to him or her before 15 February
2008 regarding the right to purchase the plot of land at the
value for the purpose of privatisation which is lower than the
value as at 31 August 2007.
[7 February 2008]
32. If a hire purchase contract for the sale of a built-up
plot of land valued for the purpose of privatisation during the
period from 31 August 2007 to 15 February 2008 has been concluded
before 15 February 2008 with the person who has the right of
first refusal, the authority carrying out privatisation or
alienation shall send to such person a notice regarding a
possibility to amend the contract by determining the value of the
relevant built-up plot of land as at 31 August 2007. In this
case, the person shall provide a reply within 30 days from the
day of receipt of the notice. The authority carrying out
privatisation or alienation shall not send a notice to such
person if the hire purchase contract has been concluded before 15
February 2008 where the value of the built-up plot of land to be
sold for the purpose of privatisation is lower than the value as
at 31 August 2007.
[7 February 2008]
33. If the purchase contract for the sale of a built-up plot
of land valued for the purpose of privatisation during the period
from 31 August 2007 to 15 February 2008 has been concluded before
15 February 2008 with the person who has the right of first
refusal, the authority carrying out privatisation or alienation
shall send to such person a notice regarding a possibility to
conclude a contract which would provide for the right of this
person to receive reimbursement of the amount which constitutes a
difference between the value of the built-up plot of land
determined in the purchase contract and its value for the purpose
of privatisation as at 31 August 2007. In this case, the person
shall provide a reply within 30 days from the day of receipt of
the notice. The authority carrying out privatisation or
alienation shall not send a notice to such person if the purchase
contract has been concluded before 15 February 2008 where the
value of the built-up plot of land to be sold for the purpose of
privatisation is lower than the value as at 31 August 2007.
[7 February 2008]
34. If equivalent land is granted to the former owners or
their heirs instead of the former property after 1 January 2008
in accordance with the procedures laid down in Section
26.1, Paragraph two of this Law, the cadastral value
of the land for determining the area of the equivalent land shall
be calculated at the value as at 31 December 2007.
[7 February 2008]
35. Amendments to Section 9, Paragraph seven, Section 20,
Paragraph nine, and Section 26, Paragraph four of this Law
(regarding procedures for determining the lease payment for a
plot of land) shall come into force on 1 January 2010.
[7 February 2008]
36. The Rīga Local Government City Council shall, each month
in 2009, submit to the Saeima a report on the information
regarding the course of examination of the submitted proposals
for privatisation.
[18 December 2008]
37. Legal relations which, on the basis of Section 9,
Paragraph seven, Section 16, Paragraph five, Section 20,
Paragraph nine, and Section 26, Paragraph four of this Law, have
been established before 1 July 2009 shall be discussed in
accordance with the concluded land lease contract and the
provisions of the law which were in force at the moment of
establishment of such relations. This condition in the part which
applies to the procedures for determining the amount of the lease
payment shall be valid not later than until 1 July 2010.
[16 June 2009; 17 June 2010]
38. Amendments to Section 8, Paragraph two of this Law which
grants to the Cabinet the right to lay down the procedures for
appraising land for the purpose of privatisation shall be applied
to built-up plots of land (a separate built-up plot of land or a
built-up plot of land together with a State or local government
property object to be privatised) which are valued for the
purpose of privatisation after 30 June 2009.
[16 June 2009]
39. If a notice (provisions) regarding privatisation or
alienation of a built-up plot of land is sent to the person who
has the right of first refusal before 1 July 2009, the authority
carrying out privatisation or alienation shall before signing a
purchase contract inform this person by sending him or her a
notice in a registered letter of the right to purchase a built-up
plot of land at the value which has been determined for the
purpose of privatisation in accordance with Section 8, Paragraph
two of this Law if the person will cover appraisal costs of the
authority carrying out privatisation or alienation before
appraisal of the plot of land.
[16 June 2009]
40. If the person referred to in Paragraph 39 of these
Transitional Provisions agrees to cover appraisal costs before
appraisal of the plot of land to be privatised or alienated, he
or she shall provide a reply and cover the appraisal costs within
30 days from the day of receipt of the notice.
[16 June 2009]
41. If the person referred to in Paragraph 40 of these
Transitional Provisions concludes the contract for the purchase
of a built-up plot of land to be privatised or alienated, the
amount which he or she has paid for the appraisal of the plot of
land shall be included in the purchase price of the plot of land.
If the person referred to in Paragraph 40 of these Transitional
Provisions does not conclude the contract for the purchase of a
built-up plot of land to be privatised or alienated, the amount
which he or she has paid for the appraisal of the plot of land
shall not be reimbursed.
[16 June 2009]
42. In respect of the contract for the purchase of a State or
a local government property object and a also a built-up or
vacant plot of land to which the deferred payment (hire) has been
applied and which has a time period for the settlement of
payments of up to five years, and which has been concluded before
1 July 2009, the maximum period for the settlement of payments
may, upon expression of intent of a person in writing, be
extended up to 10 years.
[16 June 2009]
43. In taking the decision to transfer land into ownership for
consideration before 30 December 2009, the regional unit of the
State Land Service shall compare the expected cadastral value of
the plot of land for 2010 which has been determined by taking
into account Cabinet Regulation No. 948 of 18 August 2009,
Regulations Regarding the Base of Cadastral Values for 2010, with
its cadastral value. The amount of the payment for the land to be
redeemed (purchased) shall be calculated by taking into account
the lowest numerical value.
[24 September 2009]
44. If the decision to transfer land into ownership for
consideration has been taken before 15 October 2009 and the
person has failed to conclude a redemption (purchase) contract
with the State joint-stock company Latvian Mortgage and Land
Bank, the person has the right to redeem (purchase) land in his
or her actual use at the expected cadastral value for 2010 which
has been determined by taking into account Cabinet Regulation No.
948 of 18 August 2009, Regulations Regarding the Base of
Cadastral Values for 2010, or at the cadastral value if it is
lower in comparison with that determined in the decision to
transfer land into ownership for consideration. In order to
change the amount of payment, the person shall submit to the
State joint-stock company Latvian Mortgage and Land Bank a
certified statement of the State Land Service regarding the
expected cadastral value for 2010. If the contract for the
redemption (purchase) of land is concluded after 30 December
2009, the person shall submit the Cadastre Statement Regarding
Immovable Property to the State joint-stock company Latvian
Mortgage and Land Bank in order to change the amount of the
payment. If a local government has determined a reduction in the
amount of the payment before taking of the decision to transfer
land into ownership for consideration, the statement regarding
the expected cadastral value for 2010 or the Cadastre Statement
Regarding Immovable Property shall be accompanied by information
regarding the amount of the payment for the land to be redeemed
(purchased) by taking into account the reduction in the amount of
the payment determined by the local government.
[24 September 2009]
45. In case of joint use of a plot of land where at least one
joint user of land has submitted the submission for taking the
decision to transfer land into ownership for consideration before
31 August 2009, the decision to transfer land into ownership for
consideration shall be taken according to the will expressed by
the joint users of land before 31 August 2009 in respect of the
action involving undivided share determined for each of them on
the assumption that a joint user who has not expressed his or her
will before 31 August 2009 has refused to redeem (purchase) the
undivided share of the plot of land.
[24 September 2009]
45.1 In case of joint use of a plot of land where
at least one joint user of land has submitted the submission for
taking the decision to transfer land into ownership for
consideration before 31 August 2010, the decision to transfer
land into ownership for consideration shall be taken according to
the will expressed by the joint users of land before 31 August
2010 in respect of the action involving undivided share
determined for each of them on the assumption that a joint user
who has not expressed his or her will before 31 August 2010 has
refused to redeem (purchase) the undivided share of the plot of
land.
[5 May 2011]
46. In respect of the persons who have concluded the contract
for the redemption (purchase) of land with the State joint-stock
company Latvian Mortgage and Land Bank to which the deferred
payment (hire) has been applied and which has a time period for
the settlement of payments of up to five years, and which has
been concluded before 15 October 2009, the maximum period for the
settlement of payments may, upon expression of intent of such
persons in writing, be extended up to 10 years. Starting from 1
March 2014, the authority appointed by the Cabinet in accordance
with Section 23, Paragraph 11.2 or Section 24,
Paragraph 4.1 is entitled to extend the maximum period
for the settlement of payments.
[24 September 2009; 16 January 2014]
47. Persons have the right to submit a boundary plan of land
and the submission for taking the decision to transfer land into
ownership for consideration before 31 August 2010, provided that
their request for the redemption (purchase) of land indicates a
plot of land which has been included in the Register for
Redemption of Land in Rural Areas on condition that, before
taking the decision to transfer land into ownership for
consideration but not later than by 31 August 2009, these persons
shall submit to the territorial unit of the State Land Service
the documents which confirm their right to redeem (purchase)
land.
[24 September 2009]
48. It shall be determined that the following procedures for
making payments are provided for during the period of time from 1
July 2010 to 31 December 2012:
1) payments which are made by the purchaser of a State or
local government property object or a built-up or vacant plot of
land for the relevant property object or plot of land shall be
first included by the authority carrying out privatisation or
alienation in the proportional settlement of the principal amount
of the purchase price and interest payment for the deferred
payment (hire);
2) settlement of the principal amount of the purchase price
and interest payment for the deferred payment shall not release
the purchase of a State or local government property object or a
built-up or vacant plot of land from the payments of the penalty
calculated in accordance with the procedures laid down in the
hire purchase payment;
3) if the purchaser of a State or local government property
object or a built-up or vacant plot of land fails to make
payments provided for in the hire purchase contract for the
settlement of the principal amount and interest payment for the
deferred payment, the authority carrying out privatisation or
alienation shall calculate the penalty provided for in the hire
purchase contract;
4) after settlement of the principal amount of the purchase
price and interest payment for the deferred payment for a State
or local government property object or a built-up or vacant plot
of land, future payments made by the purchaser of this object or
plot of land shall be included in the settlement of the penalty
calculated in accordance with the procedures laid down in the
hire purchase contract, in accordance with the procedures laid
down in Sub-paragraph 3 of this Paragraph.
[17 June 2010]
49. It shall be determined that during the period of time from
1 July 2010 to 31 December 2012, the authority carrying out
privatisation or alienation may, upon request of the purchaser of
a State or local government property object or a built-up or
vacant plot of land, postpone the payment of the principal amount
of the purchase price and the penalty specified in the contract
for hire purchase of this property object or plot of land for the
period requested by the purchaser of the property object or plot
of land but not longer than for one year, provided that the
purchaser submits a document issued by a competent authority
regarding the fact that he or she has paid the taxes specified in
law, and also may prove his or her insolvency.
[17 June 2010]
50. The time period for the redemption of land referred to in
Section 26, Paragraph one, Clause 3 of this Law, namely 30
December 2010, shall not be applicable if during the period from
31 December 2009 to 1 July 2010 a local government has taken the
decision to transfer property of the local government for
alienation. In this case, the person has the right to acquire
land into ownership in accordance with the procedures laid down
in the Law on the Alienation of the Property of a Public
Person.
[17 June 2010; 5 May 2011]
51. Until the moment when the Cabinet appoints an authority
which shall fulfil the State administration task specified in
this Law, namely to ensure the redemption (purchase) process of
land, the tasks specified in this Law shall be fulfilled by
valsts akciju sabiedrība "Latvijas Attīstības finanšu
institūcija Altum" [State joint-stock company Development
Finance Institution Altum].
[16 January 2014]
52. If the provisions of privatisation of a State property
object have been approved or provisions of auction of a State
vacant plot of land have been announced before 28 February 2015,
the Cabinet may take the decision to terminate privatisation of a
property object or a vacant plot of land if the provisions of
privatisation have been approved or the auction has been
announced two times and no tenderer has applied for the
privatisation of the object or for the purchase of the plot of
land or has been approved as a purchaser.
[29 January 2015]
53. If a local government council has approved a draft of
privatisation of the local government property object or
announced provisions of auction of a vacant plot of land of the
local government before 28 February 2015, the local government
council may take the decision to terminate privatisation of a
property object or a vacant plot of land if the draft of
privatisation or provisions of privatisation have been approved
or the auction has been announced two times and no tenderer has
applied for the privatisation of the object or for the purchase
of the plot of land or has been approved as a purchaser.
[29 January 2015]
54. The maximum time period (of up to five years) for the
deferred payments (hire) referred to in Section 13, Paragraph one
of this Law shall not be applicable to the contracts for the
purchase of State or local government property objects and also a
built-up or vacant plot of land which have been concluded before
the day of coming into force of the relevant amendments
(regarding reduction of the time period of 10 years to five
years).
[6 June 2019]
55. The maximum time period (of up to five years) for the
settlement of payments referred to in Section 32, Paragraph nine
of this Law shall not be applicable to the contracts for the
redemption (purchase) of land which have been concluded before
the day of coming into force of the relevant amendments
(regarding reduction of the time period of 10 years to five
years).
[6 June 2019]
The Law shall come into force on 1 September 2005.
The Law has been adopted by the Saeima on 16 June
2005.
President V. Vīķe-Freiberga
Rīga, 6 July 2005
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)