Procedures by Which a Person Has the Right to Receive a Local Government Apartment into Ownership Free of Charge if a House, Which Has Been the Personal Property of the Person, Has Been Demolished Due to Alienation of a Plot of Land for the State or Public Needs and an Apartment from the State or Public Apartment Fund Has Been Granted as a Compensation for the Alienated Property

Issued pursuant to
Section 47, Paragraph five
of the Law On Privatisation of State and
Local Government Residential Houses

1. These Regulations prescribe the procedures by which a person has the right to receive a local government apartment into ownership free of charge if a house, which has been the personal property of the person, has been demolished due to alienation of a plot of land for the State or public needs and an apartment (apartments) from the State or public apartment fund, which at the time of coming into effect of the Law On Privatisation of State and Local Government Residential Houses is (are) located in a house that has been denationalised or returned to the former owners (or heirs thereof) or regarding the return of which an application has been submitted, has been granted to the referred to natural person and his or her family members who have permanently resided together in the demolished house as a compensation for the alienated property.

2. An unrented and otherwise unencumbered local government apartment (hereinafter - local government apartment) shall be granted to a person free of charge by the local government, in the administrative territory of which the apartment that has been granted to the person in the case referred to in Paragraph 1 of these Regulations is located.

3. A local government shall establish, maintain and update a register of persons who have been recognised as being entitled to receive a local government apartment free of charge (hereinafter - register). The following information shall be included in the register:

3.1. the given name, surname and personal identity number of the person; and

3.2. the registration date of the submission referred to in Paragraph 4 of these Regulations.

4. A person who wants to receive a local government apartment free of charge shall submit a written submission to the respective local government. Documents confirming that the person is entitled to receive a local government apartment free of charge shall be appended to the submission:

4.1. a statement of the archives (original) that the demolished house had belonged to the respective person or his or her family members at the time of demolishing the house;

4.2. a decision of the respective institution regarding demolishing of the house indicated in the statement of the archives;

4.3. a decision of the respective institution regarding granting of an apartment to the owners of the demolished house and his or her family members who have resided together with him or her and were registered in the apartment; and

4.4. a copy of the tenancy contract (presenting the original).

5. If all the documents referred to in Paragraph 4 of these Regulations have been submitted and a house, in which a person has been granted an apartment, has been denationalised or returned to the former owners (or heirs thereof) or regarding the return of which to former owners (or heirs thereof) an application has been submitted, a local government council (parish council) shall examine the submission of the person and documents appended thereto and take one of the following decisions:

5.1. to recognise the person as being entitled to receive a local government apartment free of charge and to include him or her in the register; or

5.2. to refuse to recognise the person as being entitled to receive a local government apartment free of charge if the requirements of these Regulations have not been complied with.

6. A local government shall notify in writing the submitter of the submission regarding the decision referred to in Paragraph 5 of these Regulations.

7. If all the documents referred to in Paragraph 4 of these Regulations have not been submitted or additional information is necessary for taking of the decision referred to in Paragraph 5 of these Regulations, a local government shall send a request for information to the submitter, indicating the deadline for submission of the information. The deadline for submission of the information shall not be less than two weeks. If the requested information is not submitted in the specified time period, the local government shall take a decision to refuse to recognise the person as being entitled to receive a local government apartment free of charge.

8. A local government may offer the respective person to receive any local government apartment of an equal value and fit for living free of charge by notifying about it in writing (hereinafter - notification). The address, the area, the number of rooms, the floor number, the level of amenities of the offered local government apartment, as well as the day when a person may get acquainted with the offered local government apartment (not sooner than seven days after the date of sending the notification) shall be indicated in the notification.

9. A person shall provide an answer to the offer not later than within seven days after the date indicated in the notification. If the person agrees to receive the local government apartment offered, the local government shall enter into a contract with the person regarding granting of the local government apartment free of charge.

10. If a person has had an opportunity to get acquainted with at least three offers of local government apartments, however, he or she has refused these offers or has not provided a local government with an answer to the offers received, the referred to person shall be re-registered in the register with the last sequence number.

11. A person may be excluded from the register in the following cases:

11.1. the person has submitted a written submission with a request to be excluded from the register; or

11.2. the person has provided false information regarding the conditions which have served as the basis for inclusion of the person in the register.

12. A person shall be sent a written notification not later than two weeks before exclusion of the person from the register.

13. A decision regarding exclusion of a person from the register shall be taken by a local government council (parish council). The local government shall notify in writing the submitter of a submission about the taking of this decision.

Prime Minister I. Godmanis

Minister for Economics K. Gerhards

Translation © 2009 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)