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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 15.01.2014.–30.06.2016.
Amendments not included: 30.11.2015.

Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

18 February 2010 [shall come into force from 23 February 2010];
12 July 2010
[shall come into force from 30 July 2010];
28 October 2010 [shall come into force from 1 December 2010];
20 June 2013 [shall come into force from 3 July 2013];
19 December 2013 [shall come into force from 15 January 2014].

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.

The Saeima1 has adopted and
the President has proclaimed the following Law:

Law On Administration of Residential Houses

Section 1. Terms Used in This Law

The following terms are used in this Law:

1) residential house - a building that has been put into service and, in accordance with the cadastral survey file, is a residential house (also apartment property house), buildings (structures) belonging thereto, land, on which it is situated, if the land together with the residential house form a single immovable property or is in the composition of apartment properties forming a residential house, or a building, which has been put into service and, in accordance with the cadastral survey file, is a residential house, buildings (structures) belonging thereto and the land attached to a residential house;

2) residential house owner - a residential house owner or a possessor of a State residential house. The residential house owner is also the apartment property owner (hereinafter - apartment owner);

3) residential house administrator - the owner or administrator of a residential house;

4) [19 December 2013];

5) administrator - an adult natural person with the capacity to act or a legal person, who on the basis of an administration contract performs the administrative activities assigned by the owner of the residential house; and

6) land attached to a residential house - land, on which a building belonging to another person is located, which has been put into service and, in accordance with the cadastral survey file, is a residential house, and which is in the use of the owner of the building.

[19 December 2013]

Section 2. Purpose and Tasks of this Law

(1) The purpose of this Law is:

1) to ensure the exploitation and maintenance (physical preservation during the whole exploitation time thereof) in accordance with the requirements of laws and regulations;

2) to promote improvement of residential houses during the whole exploitation time thereof;

3) to ensure the continuity of the administration process for every residential house;

4) to preserve and develop the aesthetic values of residential houses as environmental objects and, therefore, the aesthetic values of the relevant environment;

5) to prevent risks related to the public safety and the environmental safety during the exploitation of residential houses;

6) to improve the qualifications of the persons involved in the administration of residential houses in order to improve the organisation and efficiency of the administrative work.

(2) The Law prescribes the principles for the administration of residential houses, the mutual relations, rights, duties and accountability of the persons involved in the administrative process of residential houses, as well as the competence of the State and local government in this area.

Section 3. Scope of Application of the Law

This Law shall apply to the administration of all residential houses regardless of the type of the owner of the residential house, except in the cases specified in this Law.

Section 4. Principles for the Administration of a Residential House

The principles for the administration of a residential house shall be as follows:

1) the continuity of the administrative process shall ensure the preservation of the properties of use (quality) of the residential house throughout the period of exploitation thereof;

2) the selection of as optimal administrative work methods as possible, including the formation of optimal administrative costs of the residential house, in relation to the solvency of the owner of the residential house;

3) the content and quality of the provided services shall ensure the preservation of the properties of use (quality) of the residential house throughout the period of exploitation thereof;

4) the preclusion of invasion of the safety or health of an individual during the administrative process;

5) provision of the preservation and improvement of the surrounding environment during the administrative process.

Section 5. Provision of the Administration of a Residential House

(1) The provision of the administration of a residential house (including taking of decisions, entering into transactions related to the administration of the residential house) shall be the duty of the owner of the residential house.

(2) The decisions related to the administration of a residential house in the residential property house shall be taken in accordance with the procedures laid down in the Law On Residential Properties.

(3) The limitations of the property laid down in The Civil Law shall apply to the administration of a residential house in joint property, insofar as it is not laid down otherwise in Paragraphs four and five of this Section.

(4) The decisions related to ensuring the activities of administration to be carried out mandatorily in a residential house in joint property - assigning of the administrative task, withdrawal thereof, the provisions for entering into contracts necessary for maintaining the house, as well as the procedures by which mandatory expenses and remuneration for administration shall be determined and paid, shall be taken in conformity with the provisions of the Law On Residential Properties regarding taking of decisions by the community of apartment owners, and they are binding to all joint owners of the residential house.

(5) If in accordance with the provisions of Section 1070, Paragraph one of The Civil Law joint owners have agreed upon the procedures for divided use of the residential house and an entry thereon has been made in the Land Register, the provisions of Paragraph four of this Section shall apply insofar as they are not in contradiction with the procedures for divided use of the residential house stipulated by joint owners.

[19 December 2013]

Section 6. Administrative Activities of a Residential House

(1) The administration of a residential house shall include the following:

1) mandatory administrative activities;

2) other administrative activities.

(2) The mandatory administrative activities shall be as follows:

1) the maintenance (physical preservation) of the residential house (hereinafter - maintenance) in accordance with the requirements of laws and regulations:

a) the sanitary servicing of the residential house,

b) the supply of thermal energy, also natural gas, provision of water supply and sewerage, removal of household waste by entering into a respective contract with the service provider (hereinafter - the service necessary for the maintenance of the residential house),

c) the provision of electricity to the part of the residential house in joint ownership (also for the provision of operation of the facilities in joint ownership),

d) the inspection, technical servicing and current repairs of the residential house, the facilities and communications located therein,

e) the provision of the requirements set out for the residential house as an environmental object,

f) the provision of the fulfilment of the minimal energy efficiency requirements set out for the residential house,

2) the planning, organisation and supervision of administrative work, including:

a) the preparation of an administrative work plan, including a plan of measures necessary for the maintenance,

b) the preparation of the relevant annual draft budget,

c) the organisation of financial accounting;

3) keeping of the file of the residential house (hereinafter - house file);

4) entering into a contract with the owner of the land parcel regarding the use of the land attached to a residential house;

5) the provision of information to the State and local government institutions.

(3) Other administrative activities shall be activities, which are related to the administration of the residential house and are performed in accordance with the will and solvency of the residential house owner. They shall include the activities related to the improvement and development of the residential house and the preparation of a long-term plan of measures necessary for this purpose.

(4) The provisions of Paragraph two, Clause 2 of this Section shall not be binding to the owner of a single dwelling.

(5) The Cabinet shall issue regulations for the performance of the mandatory administrative activities for a residential house referred to in Paragraph two, Clause 1, Sub-clauses "a", "c" and "e" of this Section, as well as the procedures, by which the activities related to the renovation and reconstruction of a residential house shall be planned and organised. The requirements of this Cabinet Regulation shall not be applied to single dwellings.

[12 July 2010; 19 December 2013]

Section 7. Expenditure for the Administration of a Residential House

Expenditure for the administration of a residential house (hereinafter - administrative expenditure) shall be, on the basis of the decision of the residential house owner, specific payments:

1) the expenditure necessary for the mandatory administrative activities referred to in Section 6, Paragraph two of this Law (hereinafter - mandatory expenditure);

2) the expenditure intended for the administrative activities referred to in Section 6, Paragraph three of this Law (hereinafter - other expenditure related to the administration of a residential house);

3) remuneration for administration, if such has been provided for in the residential house administration contract.

Section 8. House File

(1) A house file shall be established for each residential house.

(2) The information to be incorporated in a house file shall be compiled in the following sections:

1) basic documents of the residential house - documents confirming immovable property rights, the cadastral survey file of the residential house (apartment property), the boundary plan of the land attached to a residential house and the contract regarding the usage of the land attached to a residential house;

2) the residential house owner (owners), the administrator of a State residential house, apartment owners (a list);

3) technical documentation - technical passport of the residential house (plans, diagrams), design documentation, energy passport and energy plan, opinions of the technical survey of the residential house, etc.;

4) documents related to the administration of the residential house - the residential house administration contract, the statutes of the associations, capital companies or co-operative societies established by apartment owners or the contract for administration of the residential house mutually entered into thereby, the decisions taken by the owner (owners) of the residential house, including the decisions taken at general meetings of apartment owners, the contracts related to the administrative activities, administrative work plans, budget reports, etc.

(3) The house file shall be retained by the owner of the residential house, but, if the house has several owners, - by the administrator, unless it is specified otherwise in the administration contract.

(4) The procedures for the keeping and updating of the house file shall be determined by the Cabinet. The requirements of this Cabinet Regulation shall not be applied to single dwellings.

[12 July 2010]

Section 9. Accountability of a Residential House Owner

A residential house owner shall be accountable, in accordance with the procedures laid down by law, for the administration of the residential house, including the failure or improper fulfilment of the provisions of Section 6, Paragraph two of this Law.

Section 10. Assigning of the Task of Administration of a Residential House to an Administrator

(1) A residential house owner may assign all or individual activities of administration of a residential house referred to in Section 6 of this Law to be performed by an administrator (hereinafter - administrative task). In performing the assigned activities the administrator shall become a service provider in relationship with the residential house owner within the meaning of this Law, except cases when it has received an authorisation to enter into a contract regarding provision of the service necessary for the maintenance of the residential house on behalf of the residential house owner.

(2) The residential house owner shall assign the administrative task to an administrator, entering into a residential house administration contract with him or her in writing (hereinafter - administration contract). Apartment owners shall enter into an administration contract in accordance with the decision of the body corporate of apartment owners, which was taken in accordance with the procedures laid down in the Law On Residential Properties. The administration contract entered into shall be binding to all apartment owners.

(3) When assigning an administrator with the administrative task, the residential house owner has a duty to provide the financing necessary for the fulfilment of the task.

(4) The administrator may receive remuneration for the fulfilment of the administrative task provided for in the administration contract (hereinafter - remuneration for administration).

(5) The liabilities acquired on the basis of the administrative task shall be applied to every residential house owner.

[28 October 2010; 19 December 2013]

Section 11. Conditions of an Administration Contract

(1) The provisions of The Civil Law regarding an authorisation contract shall be applied to administrative legal relations, insofar as they are not regulated by this Law.

(2) At least the following information and conditions shall be set out in the administration contract:

1) the contracting parties;

2) the address of the residential house where the administrative task shall be performed;

3) the mandatory administrative activities assigned to the administrator, including the list of services necessary for the maintenance of the residential house, in accordance with that laid down in Section 6, Paragraph two of this Law;

4) other administrative activities assigned to the administrator in accordance with the will of the residential house owner specified in accordance with Section 6, Paragraph three of this Law;

5) the deadlines and procedures for the provision of a report on the fulfilment of the administrative task, including a report on the use of the financial means transferred to the administrator;

6) the procedures, by which the administrator shall provide information to the residential house owner;

61) a contact person appointed by a decision of the residential house owner, who ensures circulation of the information related to the administration of the residential house (hereinafter - contact person);

7) matters, in which the residential house owner has authorised the administrator to take decisions on his or her behalf, to enter contracts on his or her behalf, as well as to make payments and receive payments, to represent the residential house owner in court;

8) the amount of administrative expenditure related to the fulfilment of the administrative task, the procedures for the determination and payment thereof, indicating separately:

a) a relevant amount of mandatory expenditure, the procedures for the determination and payment thereof,

b) the amount of other expenditure related to the administration of the residential house, including improvement and development of the residential house, the procedures for the determination and payment thereof,

c) the remuneration for administration, if the contracting parties agree thereupon, as well as to the procedures for the determination and payment of such remuneration;

9) the provisions regulating the provision of information related to the administration of the residential house to State and local government institutions;

10) the scope of the substitution, if the contracting parties reach agreement on sub-contracting the administrative task;

11) the procedures for amending and terminating the administration contract;

12) the procedures for taking over the obligations and things arising from the administration contract in the case of entering into, amending or termination of the contract;

13) the validity period of the administration contract;

14) the scope of the accountability of the administrator and the time of setting in thereof.

(3) [28 October 2010]

[28 October 2010; 19 December 2013]

Section 12. Taking Over of the Obligations and Things Arising from an Administration Contract

(1) The obligations and things arising from an administration contract shall be transferred in accordance with a transfer-acceptance act. This act shall be an integral part of the administration contract.

(2) When assigning the administrator with an administrative task, the residential house owner has a duty, unless otherwise specified in the administration contract, to provide the record-keeping necessary for the fulfilment of the administrative task, including the following:

1) the house file or separate documents thereof;

2) decisions of the residential house owner in matters relating to the administrative task; and

3) other things in accordance with the provisions of the administration contract.

(3) Upon termination of the administrative legal relations, including in the case referred to in Section 17.1, Paragraph one of this Law, the administrator has a duty within one month, unless otherwise specified in the administration contract, to transfer the following to the residential house owner with the transfer-acceptance act:

1) the record-keeping transferred to him or her in accordance with Paragraph two of this Section;

2) a revenue-expenditure report on the day indicated in the transfer-acceptance act;

3) the unused savings (property, financial resources, including money, etc.) on the day of signing the transfer-acceptance act;

4) the property acquired with the resources of the residential house owner and the property given into the possession or use of the administrator during the administration period;

5) the liabilities of the residential house owner obtained on the basis of the administrative task;

6) other liabilities and matters in accordance with the provisions of the administration contract.

(4) If, upon termination of the administrative legal relations, there is a dispute between the residential house owner and the administrator regarding taking over of the obligations and things, the contracting parties have a duty to draw up a protocol of dispute, indicating their opinions and their justification therein. In such case the delivery-acceptance act shall be drawn up regarding the things and obligations regarding which there is no dispute.

(5) Upon termination of the administrative legal relations the residential house owner has a duty to reimburse to the administrator the expenses necessary for the maintenance of the residential house and the expenses incurred according to a decision of the residential house owner taken in accordance with the procedures laid down in law, in carrying out the task of administrating the house.

[19 December 2013]

Section 13. Vocational Qualifications of the Administrator of a Residential House

(1) A person is entitled to perform the administrative task in an apartment house, if he or she has acquired the vocational education necessary for the administration of residential houses and a document certifying at least a fourth level vocational qualification, except the cases specified in this Section. If the administrator is a legal person, it shall be necessary for such employee of the legal person, who performs the administrative task assigned in the administration contract in the relevant house, to have a document certifying the vocational education necessary for the administration of residential houses and at least a fourth level vocational qualification.

(2) If the total area of an apartment house exceeds 1500 square metres, it shall be necessary for the following persons to have a document certifying the vocational education necessary for the administration of residential houses and at least a third level vocational qualification:

1) an owner, who is personally administrating a residential house belonging to him or her;

2) an owner, who has been authorised to perform administrative activities by the other residential house owners on the basis of a mutual contract entered into in accordance with the procedures laid down in The Civil Law;

3) an employee of a residential house administration society or association established by the owners, as well as a member of an administration society or association, who performs the relevant administrative activities and is a residential house owner himself or herself.

(3) If the residential house owner in the cases referred to in Paragraph two of this Section is a legal person, it shall be necessary for the employee of the legal person, who performs the administrative task, to have a document certifying the vocational education necessary for the administration of such house and at least a third level vocational qualification.

(4) A document certifying a vocational qualification shall not be necessary for the administrator of a single dwelling, as well as in cases where the total area of the apartment house is less than 1500 square metres and it is administered by:

1) the owner of the residential house himself or herself:

2) an owner of the residential house, who has been authorised to perform administrative activities by other residential house owners on the basis of a mutual contract entered into in accordance with the procedures laid down in The Civil Law;

3) a residential house administration society or association established by the residential house owners.

(5) A person who has not acquired the practical work experience necessary for the administration of residential houses until the day of coming into force of this Law, is entitled to carry out the task of administration in the residential house, if his or her professional competence in the field of residential house administration has been recognised within the time period laid down in this Law and he or she has received a document certifying third level professional qualification.

[18 February 2010; 12 July 2010; 19 December 2013]

Section 14. Competence of an Administrator

(1) The amount of the administrative task assigned to an administrator, the provisions and procedures for the performance thereof shall be determined by the administration contract. In performing the administrative task, the administrator has a duty to comply with the requirements of the laws and regulations regulating residential house administration and other laws and regulations, as well as the principles for the administration of a residential house specified in Section 4 of this Law.

(2) The administrator has a duty to present the residential house owner with current, unambiguous and complete information regarding the laws and regulations binding to the residential house owner and the obligations arising therefrom, regarding the obligations of the administrator arising from the administrative task, as well as - upon the request of the residential house owner - regarding matters, which relate to the administrative task.

(3) The administrator has a duty to warn the residential house owner in writing regarding urgent measures needed to be taken to prevent ruination, collapse or destruction of the residential house, as well as calculate the estimated costs of these measures.

(4) The administrator has a duty to inform residential house owners in due time regarding actions or failure to act of an individual residential house owner (including the non-fulfilment of the liabilities acquired on the basis of the administrative task), which affect or may affect the interests of other residential house owners, as well as to present unambiguous and complete information regarding these matters upon an individual request of the residential house owner.

(41) The administrator has a duty to control payments of the residential house owner for the administrative activities assigned to the administrator, including - if in accordance with Section 17.3, Paragraph two of this Law the residential house owner has taken a decision to make such payments with the intermediation of the administrator - for the services necessary for the maintenance of the residential house. Control of payments shall include a duty:

1) to prepare a statement regarding payments of the residential house owner;

2) to prepare a report on existence of a debt;

3) to bring a claim to the court within the interests of other residential house owners regarding non-fulfilment or inadequate fulfilment of the payment obligations.

(42) If the settlement of payments for the services necessary for the maintenance of the residential house is performed with the intermediation of the administrator, the administrator has a duty to transfer the payment received from the residential house owner to the service provider without delay in the exact amount paid by the residential house owner.

(43) If insolvency of the residential house owner is determined or if the residential house owner has died and recovery of other debts related to administration of the house is not possible, the administrator shall notify the service provider thereof, appending documents confirming the respective information.

(44) The administrator has a duty to organise a written survey in the residential house in accordance with the procedures laid down in law, if a written request of a joint owner of the residential house or in a apartment property house - a written request of the apartment owner has been received and the issue to be decided concerns administrative activities of the residential house.

(5) The administrator has the right to receive the funding necessary for the fulfilment of the administrative task assigned to him or her.

(6) The administrator does not have the right to use the savings accumulated by the residential house owner:

1) for covering of losses caused as a result of his or her activities;

2) for settlement of unfulfilled liabilities of the residential house owner (settlement of debts, etc.).

(7) [19 December 2013]

[28 October 2010; 19 December 2013]

Section 15. Administrative Work Plan and Report on the Fulfilment of the Administrative Task

(1) An administrator shall, at least once a year, acquaint the residential house owner in writing with the administrative work plan specified in this Law.

(2) The administrator has a duty, in accordance with the procedures laid down in the administration contract, to submit a report in writing to the residential house owner on the fulfilment of the administrative tasks specified in this Law by the administrator, including a report on the use of the financial resources and property transferred to the administrator. The administrator shall indicate the following separately in the report:

1) the total debt of the residential house owners for each service necessary for the maintenance of the residential house, if the administrator organises collecting of payments from the residential house owner in accordance with Section 17.3, Paragraph two of this Law maintenance, as well as the total debt from other obligations arising from the administration contract;

2) data regarding fulfilment of payment obligations in the previous year, if payment obligations arise from the administration contract.

(3) Any person authorised by the residential house owner has a duty to provide a report to the residential house owner on the fulfilment of the administrative task assigned.

[19 December 2013]

Section 16. Accountability of an Administrator

(1) An administrator shall be accountable to the residential house owner for the fulfilment of the administrative tasks assigned to him or her in accordance with this Law, The Civil Law and the provisions of the administration contract entered into.

(2) An administrator shall be accountable, in accordance with the procedures laid down in this Law, for failure to comply with the requirements of the Law, while performing an administrative task.

(3) The accountability of an administrator of a residential house specified in Paragraphs one and two of this Section shall enter into effect at the time specified in the administration contract.

Section 17. Sub-contracting an Administrative Task

Sub-contracting an administrative task to another person shall be permitted, if the administration contract does not specify otherwise.

Section 17.1 Revocation of the Administrative Task

(1) Joint owners of a jointly owned residential house or apartment owners in an apartment property house shall revoke an administrative task on the basis of a decision of the residential house owners taken in accordance with the procedures laid down in law.

(2) The residential house owner shall inform the administrator regarding revocation of an administrative task by sending a respective notification in a registered letter. The notification shall specify the date from which the administrative task is revoked.

(3) Legal relations between the parties arising from the administration contract shall end one month after a notification on revocation of the administrative task was sent, unless another time period is laid down in the administration contract.

[19 December 2013]

Section 17.2 Contracts Regarding Provision of the Services Necessary for the Maintenance of the Residential House

(1) A contract regarding provision of the service necessary for the maintenance of the residential house (hereinafter - the service contract) shall be concluded by the residential house owner and the provider of the respective service, taking into account the provisions of Paragraph two of this Section.

(2) Joint owners of a residential house or apartment owners in an apartment property house, on the basis of a decision of owners taken in accordance with the procedures laid down in law, shall authorise one person who may also be the administrator, for entering into the service contract. The authorised person shall enter into the service contract on behalf of all residential house owners.

(3) At least the following information and conditions shall be indicated in the service contract:

1) the contracting parties;

2) the address of the residential house where the service is ensured;

3) the procedures by which payments for the service are made, taking into account the provisions of Section 17.3 of this Law;

4) the criteria and methodology by which the share to be paid by each residential house owner is calculated for the service necessary for the maintenance of the residential house;

5) the person who calculates the share to be paid by each residential house owner for the service necessary for the maintenance of the residential house, ensures the preparation and delivery of invoices, collects payments and performs recovery on behalf of the service provider;

6) the procedures by which the service provider provides information to the residential house owner;

7) the procedures for amending and terminating the service contract.

(4) The criteria and methodology referred to in Paragraph three, Clause 4 of this Section shall be determined by the residential house owners in conformity with the Cabinet Regulation regarding the procedures by which the share to be paid by each residential house owner for a respective service necessary for the maintenance of the residential house is determined, calculated and accounted.

(5) The provisions for the provision of the respective service necessary for the maintenance of the residential house shall be the same for all owners of the particular residential house.

[19 December 2013]

Section 17.3 Payments for Services Necessary for the Maintenance of the Residential House

(1) The residential house owner shall settle the payments for the services necessary for the maintenance of the residential house independently with the provider of the respective service, making direct payments to the service provider, except the case referred to in Paragraph two of this Section.

(2) The residential house owner is entitled, in accordance with the procedures laid down in law, to take a decision to assign a task to the authorised person who may also be the administrator, to organise collecting of payments from the residential house owner for a respective service necessary for the maintenance of the residential house and transfer of the received payments to the service provider on behalf of the residential house owner [payment with the intermediation of the authorised person (administrator)].

[19 December 2013]

Section 17.4 Competence of the Service Provider

(1) The service provider has a duty to perform economically justified calculations and to ensure the residential house owner with a possibility of receiving comprehensive and complete information regarding the price of the service offered thereby.

(2) The service provider has a duty to enter into the service contract with the residential house owner regarding the possibility to settle payments for the service according to the procedures which have been selected by the residential house owner in accordance with the provisions of Section 17.3 of this Law.

(3) The service provider itself or by entering into an agreement with a person, which has been registered or licensed in accordance with the procedures laid down in laws and regulations for the provision of payment services (hereinafter - the payment authority), shall ensure the residential house owner with a possibility of making direct payments for the service in accordance with Section 17.3, Paragraph one of this Law.

(4) The service provider has a duty to control payments of the residential house owner for the service provided. Control of payments shall include the duty:

1) to prepare and issue a statement regarding payments;

2) to prepare a notification on existence of a debt and to hand it over to the addressee;

3) in due time to bring a claim to the court against the residential house owner for non-fulfilment or inadequate fulfilment of payment obligations.

(5) The service provider has a duty to inform, in due time, residential house owners regarding non-fulfilment of obligations by an individual residential house owner, which concerns or may concern the interests of other residential house owners, as well as upon request of a residential house owner to provide unequivocal and complete information regarding the service.

(6) In the case referred to in Section 14, Paragraph 4.3 of this Law the service provider has a duty to reduce the amount of the registered debt obligations for the sum of debt that cannot be recovered.

[19 December 2013]

Section 17.5 Statement Regarding Payments

(1) The service provider or in the case referred to in Section 17.3, Paragraph two of this Law - the authorised person (administrator) of the residential house owner shall prepare a statement regarding payments upon written request of the residential house owner.

(2) It shall be indicated in the statement regarding payments whether payment obligations provided for in the administration contract and the service contract have been fulfilled. If the residential house owner has not fulfilled the payment obligations or has not fulfilled them adequately, the following shall be indicated in the statement regarding payments:

1) the payment obligation from which debt arises;

2) the amount of the debt, indicating separately the principal sum of the debt, as well as late-payment interest and penalty, if such have been agreed upon.

[19 December 2013]

Section 17.6 Notification Regarding Existence of a Debt

(1) The following shall be indicated in a notification regarding existence of a debt:

1) the composition of the debt of administration expenses, indicating separately the principal sum of the debt, as well as late-payment interest and penalty;

2) the total sum of the debt;

3) the deadline for paying the debt;

4) the place for paying the debt;

5) the details necessary for making the payment.

(2) The deadline for making the payment shall be indicated in the notification regarding existence of a debt, and it may not be shorter than the last working day of the next calendar month.

(3) An invoice shall also be deemed a notification, if all the information referred to in Paragraphs one and two of this Section is indicated therein in addition.

[19 December 2013]

Section 17.7 Contract Regarding Use of the Land Attached

A contract regarding use of the land attached shall be concluded in conformity with the provisions of The Civil Law, other laws, as well as Section 17.2, except its Paragraph four, of this Law.

[19 December 2013]

Section 18. Register of Administrators

(1) Any person who conforms to the requirements stipulated in this Law for an administrator and has entered into an administration contract with the residential house owner, as well as a society or association established by apartment owners, which on the basis of a decision of the body corporate of apartment owners administers the residential house itself, shall register in the Register of Administrators (hereinafter - Register) within one month after entering into the administration contract, by submitting the documents specified in this Law to an official of the Register.

(2) A natural person or legal person is also entitled to register in the Register of Administrators, if it wishes to offer services of an administrator, conforms with the requirements stipulated for an administrator in this Law, but has not received an administrative task and has not entered into an administration contract.

(3) An administrator of a single dwelling, as well as an apartment house owner, who in conformity with the provisions of this Law administers a residential house belonging to himself or herself, the total area of which is less than 1500 square metres, need not register in the Register of Administrators.

(4) Everyone has the right to become acquainted with the entries of the Register and the documents submitted to the Register.

(5) The procedures for the keeping and updating the Register, the documents to be submitted and the deadlines for submitting them, the types of services, as well as the official responsible for keeping the Register shall be determined by the Cabinet.

[28 October 2010; 19 December 2013]

Section 19. Information to be Entered in the Register of Administrators

(1) An entry shall be made in the Register of Administrators on the basis of a submission of a person or a court judgement.

(2) The following information shall be included in the Register:

1) the given name, surname or name of the administrator;

2) the declared place of residence or legal address of the administrator;

3) the types of services offered by the administrator (transport and other technical services, twenty-four hours service in emergency situations, etc.);

4) the territory for the provision of services;

5) the qualifications of the administrator, employees of the administrator;

6) information regarding the employee of the administrator, who directly performs the administrative activities in the relevant residential house;

7) the address of the residential house where the administrator is performing the administrative task, and the term for which the relevant administration contract has been entered into, as well as the contact person;

8) substantiated information regarding violations of the professional activity of the administrator;

9) a note regarding the fact that a non-compliance of the information provided for registration has been determined;

10) a note, regarding the fact that, in accordance with a court adjudication that has entered into effect, it has been determined that the administrator is prohibited from performing the professional activity of an administrator;

11) information regarding the termination or liquidation of the activity of the administrator;

12) other information if such information is directly provided for by the law.

(21) The information referred to in Paragraph two, Clause 6 of this Section and information regarding the declared place of residence of the administrator shall not be available in online mode of the register of residential house administrators.

(3) The date when the entry was made shall be added to each entry. The entry shall be made in the Register on the same day when a decision to make such entry was taken.

(4) An official of the Register shall take a decision to make an entry, to refuse to make an entry or to defer the making of an entry in the Register within three days of the receipt of an application or court adjudication.

(5) The time period for the rectification of deficiencies shall be indicated in a decision to defer the making of an entry.

[19 December 2013]

Section 20. Removal of an Administrator from the Register

(1) An administrator shall be removed from the Register, if:

1) a relevant submission has been received from the administrator;

2) substantiated information regarding the termination or liquidation of the activity of the administrator has been received;

3) an official of the Register determines that the administrator or an employee of the administrator who performs the administrative task has not acquired the professional qualification laid down in this Law.

(2) The administrator may be removed from the Register, if it has provided false information to the Register, which formed the basis for performance of registration activities.

(3) An official shall take a decision to remove an administrator from the Register within five days of the receipt of a submission or court adjudication.

[19 December 2013]

Section 21. Appointment of the Appointed Administrator [19 December 2013]

Section 22. Decision Regarding the Appointment of an Appointed Administrator

[19 December 2013]

Section 23. Qualifications of an Appointed Administrator [19 December 2013]

Section 24. Procedures for the Selection of an Appointed Administrator

[19 December 2013]

Section 25. Competence of an Appointed Administrator [19 December 2013]

Section 26. Dismissal of an Appointed Administrator [19 December 2013]

Section 27. Competence of an Owner during the Period of Activity of an Appointed Administrator [19 December 2013]

Section 28. Information Related to the Administration of a Residential House

(1) Information related to the administration of a residential house necessary for the fulfilment of the functions of State and local government institutions, except information, which is accessible in the integrated State information system, shall be submitted to State and local government institutions. The information shall be provided by the residential house owner or administrator within the scope of the competence thereof.

(2) The owner and administrator of a residential house shall, within the scope of their competence, have the right to receive information from State and local government institutions necessary for the administration of the residential house.

[19 December 2013]

Transitional Provisions

1. The mandatory administrative activities specified in Section 6, Paragraph two of this Law in relation to the land attached to a residential house shall be performed by the residential house owner until the time when an agreement regarding the use and maintenance of the land shall be signed with the owner of the land.

2. The file of a residential house in accordance with the requirements of Section 8 of this Law shall be established by 30 June 2011.

3. For an apartment house, which has been divided into apartment properties, the house file shall be kept by the administrator, if the apartment owners have not determined otherwise. Apartment owners have the right to become acquainted with the house file without restrictions.

4. Administration contracts, which are in effect on the day of the coming into force of this Law, but do not conform to the provisions of this Law, shall be harmonised with the provisions of this Law by 31 December 2011.

5. Until 31 December 2011 any person who has acquired a document certifying the necessary education necessary for the administration of a residential house and at least a level three vocational qualification, except the case referred to in Paragraphs 6 and 6.1 of these Transitional Provisions, has the right to perform administrative activities (task) in a multi-apartment residential house.

[12 July 2010]

6. Persons who until the day of the coming into force of this Law have entered into the relevant residential house administration contracts, have the right to perform the administrative obligations taken up in accordance with the contract regardless of whether the qualifications of the person comply with the requirements of Section 13 of this Law, but not longer than until 31 August 2013.

[12 July 2010; 20 June 2013]

6.1 The person referred to in Section 13, Paragraph five of this Law is entitled to continue administration of a residential house also after 1 September 2013, if, as a result of the evaluation of the professional competence thereof by 31 August 2013 in accordance with the procedures laid down by law, it has acquired a vocational education document certifying a third level vocational qualification.

[12 July 2010; 20 June 2013]

6.2 [19 December 2013]

7. Prior to the transfer of the right to administer a privatised State or local government residential house to the apartment owner society of the respective house or to the person authorised by a mutual agreement of apartment owners, the administrator has the right to enter into contracts on behalf of apartment owners regarding the provision of a respective service necessary for the residential house, the provision of electricity provided for common use, as well as the use of the land attached.

[19 December 2013]

8. Until 31 December 2009 the Cabinet shall issue:

1) regulations regarding the sanitary servicing of a residential house;

2) regulations regarding the survey, technical servicing and current repair of a residential house, the facilities and communications therein;

3) regulations regarding the procedures by which the activities related to the renovation and reconstruction of a residential house shall be planned and organised;

4) regulations regarding the procedures for the keeping and updating a house file.

9. Until 30 June 2011 the Cabinet shall issue regulations regulating the minimal requirements for the provision of energy efficiency of a residential house.

[12 July 2010]

10. Until 1 January 2011 the Cabinet shall issue regulations regarding the procedures for the keeping and updating of the Register of Administrators, the documents to be submitted to the Register, the deadlines for the submission thereof, as well as the official responsible for keeping of the Register.

11. Section 6, Paragraph two, Clause 1, Sub-clause "e" of this Law shall come into force on 1 January 2012.

[12 July 2010]

12. Section 18 of this Law shall come into force on 1 January 2012.

13. Until entering into an administration contract with apartment owners the co-operative societies of apartment owners, as well as the societies established by apartment owners, which have been granted the administration rights by the possessor of a State or local government residential house until 14 January 2014, shall ensure the performance of mandatory administrative activities. The co-operative society of apartment owners or the society established by apartment owners shall enter into contracts, on behalf of apartment owners, regarding provision of a respective service necessary for the residential house, provision of electricity provided for common use, as well as a contract regarding use of the land attached.

[19 December 2013]

14. Upon termination of the administrative legal relations, in cases when the administrator has entered into contracts regarding provision of the services referred to in Section 6, Paragraph two, Clause 1, Sub-clause "b" of this Law and electricity provided for common use, as well as the use of the land attached until 14 January 2014 on its behalf and not on behalf of apartment owners, the following provisions shall be conformed to:

1) a claim to the court against an apartment owner regarding such payment debt shall be brought by the administrator, to which the residential house owner has assigned the administrative task, if the previous administrator covered a debt to the respective service provider from the resources of the savings fund and an authorisation of the residential house owner was received for the utilisation thereof;

2) in other cases a claim to the court against an apartment owner regarding such payment debt shall be brought by the previous administrator.

[19 December 2013]

15. The service provider shall calculate the costs for servicing invoices by 31 May 2014, ensuring receipt of direct payments from residential house owners (hereinafter - costs for servicing invoices), in conformity with that laid down in Section 17.4, Paragraph one of this Law, and send the abovementioned information to administrators of such residential houses, owners of which settle payments for services with the intermediation of an administrator.

[19 December 2013]

16. If the residential house owner settles payments for a service with the intermediation of an administrator on 1 May 2014, the administrator has a duty to send the following to the residential house owner not later than by 30 September 2014:

1) a notification in which the total debt for each service supplied to the apartment property house and separately - the debt of each apartment owner for each service, the entered into schedules for repayment of debts, the amount of payments transferred to the service provider and the debt to the service provider for the time period until the day of preparing the notification are indicated;

2) information regarding the duty of the residential house owner laid down in laws and regulations to take a decision regarding the procedures by which subsequent payments for the service necessary for the maintenance of the residential house shall be made. The types of payments provided for in this Law and the procedures, the deadline for taking the respective decision shall be indicated in the information;

3) information received from the service provider regarding the costs for servicing an invoice, if payments for service are to be made in accordance with the procedures referred to in Section 17.3, Paragraph one of this Law.

[19 December 2013]

17. The residential house owner, which on 1 May 2014 settles payments for a service with the intermediation of an administrator, must decide, in accordance with the procedures laid down in laws and regulations, on the way in which subsequent payments with the service provider will be made. Upon taking the decision, the residential house owners shall evaluate the information prepared by the respective service provider regarding costs for servicing invoices. The date from which the payment procedures will be changed, taking into account that laid down in Paragraphs 20 and 21 of this Regulation, as well as the criteria and methodology by which the share to be paid by each owner of the residential house for the service necessary for the maintenance of the house is calculated and accounted, shall be indicated in the decision. The residential house owner shall notify the administrator and the service provider regarding the decision taken within two weeks from the day of taking the decision.

[19 December 2013]

18. In apartment property houses, in which the administration rights have not been transferred to the society of apartment owners of the respective house or to a person authorised by a mutual contract of apartment owners and in which the community of apartment owners has not taken a decision, the opinion of the community of apartment owners shall be ascertained without convening a general meeting - in the form of a survey in accordance with the procedures laid down in laws and regulations by 31 January 2015, and the survey shall be organised by the administrator. The content of the draft written decision to be sent shall be determined by the Cabinet.

[19 December 2013]

19. The administrator shall prepare the survey results regarding each residential house, the owners of which have decided in favour of direct payments, by 30 March 2015 and send information to the service provider regarding the number of apartment properties, the residential house owners, debt repayment schedules, which have been entered into with the residential house owners, regarding the total debt to the service provider. Concurrently the administrator has a duty to send updated information referred to in Paragraph 15 of this Regulation to the residential house owner within the abovementioned period of time.

[19 December 2013]

20. After information has been compared and agreement has been reached regarding the total debt of residential house owners, the administrator and the service provider may agree upon who will carry out control of payments in relation to debt obligations, which have arisen for the residential house owners until commencement of direct payments. If an agreement is not reached, control of payments in relation to debt obligations, which have arisen for the residential house owners until commencement of direct payments, shall be carried out by the administrator.

[19 December 2013]

21. The service provider shall compare the information received from the administrator regarding the total debt of the residential house owners with the data in the book-keeping thereof and shall send information to the administrator regarding the results of comparison.

[19 December 2013]

22. The service provider shall ensure the fulfilment of the requirements of Section 17.4, Paragraph two of this Law not later than until 30 September 2015.

[19 December 2013]

23. Direct payments for services shall be commenced not earlier than on 1 October 2015, except cases when the residential house owner and the service provider have already agreed upon direct payments in the service contract until 30 September 2015.

[19 December 2013]

24. The service provider has a duty to register and control such payments, which have been made by the residential house owner upon settling payments directly with the service provider.

[19 December 2013]

25. The provisions of the contract, which are related to the change of the type of payments, shall be amended on behalf of the residential house owner by its authorised person. In residential houses, in which the administration rights have not been transferred to the society of apartment owners of the respective house or to a person authorised by a mutual contract of apartment owners, the respective amendments on behalf of the residential house owner shall be made by the administrator.

[19 December 2013]

This Law shall come into force on 1 January 2010.

This Law has been adopted by the Saeima on 4 June 2009.

President V. Zatlers

Riga, 19 June 2009

 


1 The Parliament of the Republic of Latvia

Translation © 2015 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 04.06.2009.Entry into force: 01.01.2010.Theme:  Apartment rights; Immovable property, constructionPublication: Latvijas Vēstnesis, 96 (4082), 19.06.2009.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 14, 23.07.2009.
Language:
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193573
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