Regulation Regarding the Keeping and Updating of the House File
I. General Provisions
1. This Regulation prescribes the procedures for the keeping and updating (hereinafter - organisation) of the house file of an apartment house (hereinafter - house file).
2. The owner, administrator or person authorised by the owner of a residential apartment house (hereinafter - residential house) shall establish, organise and update the house file (hereinafter - house file organiser).
3. It is prohibited to transfer a house file into keeping to another person.
4. The house file organiser is responsible for the compliance of the information contained in the house file with the requirements of regulatory enactments and shall ensure the protection of the information included in accordance with regulatory enactments.
5. The house file organiser is responsible for the maintenance and protection of the house file.
6. The time periods referred to in this Regulation shall be applied to the organisation of a house file unless other time periods are specified in the administration contract.
II. Requirements for the Drawing up of a House File
7. A house file may be established either in paper form or in the form of an electronic document.
8. The house file organiser shall select the form of establishing the house file in order to ensure the maintenance and updating of the information contained therein.
9. A house file in the form of an electronic document shall be established in accordance with the regulatory enactments on the drawing up of electronic documents.
10. An electronically prepared document shall be retained in the same form as it was originally created, sent or received.
11. A title page shall be established for the house file, on which the house address and year in which the house file was commenced shall be indicated.
12. A house file shall be comprised of four sections.
13. A contents page shall be established for each section of the house file. All appended documents shall be entered into the contents page, indicating the number of pages of each document. The form of each document included in the house file shall be indicated in the contents.
14. If a house file is being organised both in the form of a paper document and in the form of an electronic document, contents pages for each section shall be created for both forms of the house file.
15. Documents which contain or supplement the information included in the house file shall be included in the house file in chronological order (from the oldest to the most recent). The documents shall be incorporated into the relevant section next to the appropriate documents, numbering the pages in ascending order.
16. Document originals or certified derivatives of the originals (true copies, certified copies, duplicates, excerpts) shall be incorporated into the house file, except the cases referred to in this Regulation when it is permitted to insert document copies.
17. If the content or form of documents to be included in a house file is specified in regulatory enactments, the house file organiser shall incorporate documents conforming to the relevant requirements.
18. Deletions or blocking out is not permitted in the documents included in a house file. Each correction made shall be certified by the performer of the relevant correction with his or her signature.
19. If the administrator is organising the house file of a residential house, information shall be included at the end of the house file regarding the persons who have become acquainted with the information in the house file.
20. A volume shall be established separate from the house file, in which outdated documents shall be included (hereinafter - archive volume). Outdated documents shall be deemed to be those which have been executed or whose deadline has expired. The house file organiser shall incorporate documents into the archive volume when two years or a longer time period has passed following the expiry of the validity thereof. Until 1 February of the following year the house file organiser shall bind and sign the documents and ensure the storage of the volumes. The requirement of binding shall not be applicable if the documents have been drawn up in compliance with the regulatory enactments regarding the drawing up of electronic documents. A mark shall be made next to the relevant document in the contents of the house file section that it has been incorporated into the archive volume. The archive volume shall be kept for at least two years or longer if such time period has been determined by the administrator.
III. Conditions for Updating the House File Sections and Information
21. A copy of the document certifying the ownership rights to immovable property and a copy of the cadastral survey file of the residential house (apartment property), as well as the basic documents of the residential house specified by regulatory enactments, shall be included in the first section of the house file. Documents with which changes have been made to basic documents already included shall be incorporated into the house file within 10 working days following the receipt thereof.
22. Information regarding the residential house owner and the possessor of a State residential house shall be included in the second section of the house file:
22.1. information regarding the entries of residential house owners and possessors of State residential houses in the list of residential house owners and administrators, which shall indicate in separate columns the relevant undivided shares and the owner and or/manager thereof (for natural persons - the given name, surname and personal identity number and for legal persons - the name and registration number);
22.2. information regarding the entries of apartment owners in the list of apartment owners, which shall indicate in separate columns the relevant apartment number and the owner thereof (for natural persons - the given name, surname and personal identity number and for legal persons - the name and registration number); and
22.3. in the case of a change in owner the new owner shall notify the house file organiser accordingly within 10 working days following the corroboration of the ownership rights in the relevant Land Register, submitting a copy of the Land Register certificate. Within two working days the house file organiser shall enter the changes in the list of apartment owners. The list shall be created so that all changes to owners may be seen.
23. The technical documents of a residential house shall be incorporated in the third section of the house file. Documents with which changes are made to technical documents already included shall be incorporated into the house file within 10 working days following the receipt thereof.
24. Copies of documents certifying the lawfulness of the form of administration of the residential house, documents specified by other regulatory enactments, as well as documents to certify the mandatory activities to be performed and the ensuring of other administrative activities of the residential house and the performance thereof, shall be incorporated into the fourth section of the house file. Documents shall be appended to the fourth section of the house file on the basis of which servitude rights for the benefit of other persons or another parcel of land shall be established.
25. The following shall be incorporated in the fourth section of the house file:
25.1. printouts from accounting documents (for the previous month) received from the owner of each undivided share or apartment owner and certifying the payments transferred to service providers - until the last day of each month;
25.2. meter readings (in the house inlet as well as those installed in apartments and other premises) for the previous month, if account payments are performed for services received with the intermediation of the administrator - until the last day of each month;
25.3. a report of the actual income and expenditure of the residential house for each previous quarter - until the fifteenth date of the first month of the first quarter of the current year, and an annual report of the actual income and expenditure of the residential house for the previous calendar year, until 31 May of the current year;
25.4. work planning documents related to the technical maintenance of the residential house - within 10 working days following the approval of the relevant plan in accordance with the procedures specified by regulatory enactments;
25.5. documents certifying the implementation of work related to the technical maintenance of the residential house (technical servicing of the heating network and electricity supply system, the maintenance of the water pipe and drainage system and other work) - within two working days following the performance of the relevant measure, or the signing of the deed of delivery and acceptance; and
25.6. information regarding the amount of accrued funds - once a year.
26. Other information important for the management and administration of a residential house may be included in the house file.
IV. Provision of Information
27. A residential house owner has the right to become acquainted with the house file in the presence of the house file organiser.
28. On the basis of a written request the house file organiser has the duty to provide information in the house file to an institution in whose competence is the supervision of the implementation of the requirements of regulatory enactments regulating the administration of residential houses regarding matters related to the administration of the residential house in the competence thereof.
29. On the basis of a written request the house file organiser has the duty to provide information placed in the third and fourth sections of the house file to State and local government institutions, if the information referred to is necessary for the implementation of the functions thereof and if they show justified reasons for the request for this information.
30. If the administrator organises the house file of a residential house, at the end of the house file information shall be incorporated regarding:
30.1. the date of the examination of the house file;
30.2. which sections of the house file were examined and a note as to which information has been copied or otherwise moved; and
30.3. the person who has become acquainted with the house file, indicating the given name, surname, institution represented and the signature thereof.
V. Closing Provisions
31. When organising a house file, the documents at the disposal of the house file organiser shall be incorporated therein and the contents pages of the sections shall be created. Documents need not be included in the third section of the house file, except for cases where the regulatory enactments or contracts entered into by the administrator determine that these are to be included.
32. Documents which are continuously required by the administrator for ensuring the administration procedures need not be appended to the house file. The administrator shall append such documents to the house file, transferring the residential house administration rights or house file organisation to another person.
33. If the residential house administration rights or house file organisation is transferred to another person, he or she shall append a deed of acceptance and delivery of the house file to the house file, in which the date that the house file organisation has been taken over and documents which are appended to the house file, as well as those documents yet to be appended, shall be indicated. The deed of acceptance and delivery of the house file shall be signed by the current house file organiser and the successor of rights.
34. When taking over the organisation of a house file, the successor of the rights shall make sure that the documents are appended to the house file in accordance with the contents pages of the sections. If disputes arise between the person transferring the house file and the person taking over the house file, or the documents appended to the house file conform with that indicated in the contents pages of the sections, the disputes in question shall be recorded in the deed of acceptance and delivery of the house file.
Prime Minister V. Dombrovskis
Minister for Economics A. Kampars
Translation © 2012 Valsts valodas centrs (State Language Centre)