Šajā tīmekļa vietnē tiek izmantotas sīkdatnes. Turpinot lietot šo vietni, jūs piekrītat sīkdatņu izmantošanai. Uzzināt vairāk.
Teksta versija
LEGAL ACTS OF THE REPUBLIC OF LATVIA
home
 
Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

17 November 2016 [shall come into force on 1 January 2017];
22 June 2017 [shall come into force on 13 July 2017];
21 January 2021 [shall come into force on 3 February 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.

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

Law on Residential Properties

Chapter I
Residential Property

Section 1. Purpose of the Law

The purpose of this Law is to prescribe the status of a residential property, the rights, obligations, and accountability of an apartment owner, and also the competence and decision-making procedures of the community of apartment owners.

Section 2. Residential Property and the Composition Thereof

(1) A residential property is an independent immovable property which has been legally partitioned in a residential house.

(2) A residential property as a whole shall consist of an individual property and the relevant undivided share of the joint property. The individual property and the undivided share of the joint property included in the apartment property shall be legally inseparable.

(3) In relation to the residential property, insofar as it is not regulated by this Law, the norms of the Civil Law shall be applicable. The provisions of Section 927 of the Civil Law shall be applied to residential properties with the restrictions provided for in this Law.

Section 3. Individual Property

(1) An individual property is an apartment, non-residential premises, or artist's workshop which is structurally and functionally enclosed in a residential house and which has been registered as a residential or non-residential group of premises in the State Immovable Property Cadastre Information System (hereinafter also - the Cadastre Information System).

(2) Elements of an individual property shall be:

1) the structural non-load bearing, enclosing and finishing elements of the premises or a group of premises (including internal partitions, ceilings, floor and wall finishes, doors);

2) engineering networks and engineering communications to the vertical connecting pipe of the joint property;

3) engineering equipment components (including kitchen facilities, ventilation installations, toilet, shower and bath facilities) without which the elements of the existing share of the joint property residential house can function independently;

4) enclosing windows and doors of the individual property.

(3) In addition the composition of an individual property may include auxiliary premises located outside premises or a group of premises and functionally associated therewith and auxiliary structures or their parts which are not functionally associated with the existing share of the joint property residential house or another individual property.

[17 November 2016]

Section 4. Existing Joint Property Share

(1) An existing joint property share shall include the following:

1) external enclosing structures (including walls, architectural elements, the roof, windows and doors of premises for common use, also exterior doors) of an individual residential house and external premises thereof (galleries, balconies, loggias, terraces), internal load bearing constructions (including supporting walls and columns, and also enclosing walls of the individual properties), intermediate coverings (including heat and sound insulation layers), premises for common use (including attics, stairwells, and cellars), and also the engineering communication systems, devices servicing the individual residential house and other indivisible elements functionally associated with the exploitation of the individual residential house which do not belong to an individual property (including the heating elements within the boundaries of the individual property if their functional activity depends on the existing engineering communications of the joint property);

2) the auxiliary buildings and structures belonging to the residential house, except for those referred to in Section 3, Paragraph three of this Law;

3) the land parcel on which the relevant residential house is situated if it does not belong to another person.

(2) Sections 1067-1072 of the Civil Law shall be applied to the existing joint property share. Provisions of Section 1068, Paragraph one of the Civil Law shall be applied insofar as this Law does not provide otherwise.

[17 November 2016; 21 January 2021]

Section 5. Amount of the Undivided Share of the Joint Property

(1) The undivided share of the joint property contained within the residential property shall be the total area of the individual property in proportion to the total area of all individual properties existing in the residential house.

(2) Upon alteration of the total area of an individual property, the undivided shares of the joint property included in each residential property shall also be amended accordingly, except for the case referred to in Paragraph three of this Section.

(3) The amount of the undivided share of the joint property included within the residential property shall not change if changes in the total area have occurred within the limits of the individual property, including upon carrying out rebuilding or repeat survey of the individual property. The sum of the undivided share of the joint property shall form a whole.

(4) The amount of the undivided share of the joint property included within the residential property shall be calculated, re-calculated, and registered in the Cadastre Information System by a territorial unit of the State Land Service according to the current structure data registered in the Cadastre Information System.

(5) In the case specified in Paragraph two of this Section, the amount of the undivided share of the joint property included within the residential property shall be re-calculated and registered according to the current structure data registered in the Cadastre Information System on the basis of a decision of the community of apartment owners.

(6) After all the purchase contracts of privatisation objects have been entered into or agreements for the transfer of an apartment or single dwelling into ownership free of charge have been entered into in accordance with the procedures laid down in the law On Privatisation of State and Local Government Residential Houses, a territorial unit of the State Land Service shall, according to the current structure data registered in the Cadastre Information System, re-calculate and register the undivided shares of the individual property and the joint property of a residential property in the Cadastre Information System free of charge, if the amount of the undivided share of the joint property in the privatisation process of a residential house has not been calculated in accordance with Paragraph one of this Section.

[17 November 2016 / Paragraph six shall come into force on 1 December 2019. See Paragraph 2 of Transitional Provisions]

Section 6. Establishment and Founding of a Residential Property

(1) A residential property may be established on the basis of law, a court judgment, transaction, including a will, or a decision of the house owner. The residential property shall be established by dividing a residential house entered in the Land Register in accordance with the provisions of this Law together with the auxiliary buildings, structures, and land belonging thereto.

(2) A residential property shall be established upon the recording thereof in the Land Register.

Section 7. Expiration of a Residential Property

A residential property shall expire if it has been destroyed or is being altered into a different property on the basis of law, a court judgment, transaction, including a decision of apartment owners or a will.

Chapter II
Apartment Owner, His or Her Rights, Obligations and Accountability

Section 8. Apartment Owner

(1) An apartment owner shall be a person who has acquired a residential property and has corroborated ownership rights in the Land Register.

(2) Until the initial registration of a residential property in the Land Register, all norms of this Law that determine the rights, obligations, and liability of a residential property owner shall apply to the acquirer of the residential property, except for such rights specified in the Law which the acquirer of the residential property acquires only after registration of the residential property in the Land Register.

[17 November 2016]

Section 9. Rights of an Apartment Owner

As regards the residential property, an apartment owner has complete right of control, including the following rights:

1) to possess and use his or her residential property, obtain benefits therefrom, use it at his or her own discretion for the propagation of property, and generally use it in every way, insofar as the owner is not restricted by laws and insofar as it does not create disturbances for other apartment owners;

2) to alienate, including give as a gift, a residential property;

3) to pledge and otherwise burden a residential property with property rights;

4) to transfer the residential property for use to other persons;

5) to lodge family members and other persons in the residential property;

6) to participate in the administration of the residential house;

7) to use the existing joint property share, insofar as limitations of use are not specified by decisions taken by the community of apartment owners in accordance with the procedures laid down in this Law.

Section 10. Obligations of an Apartment Owner

(1) An apartment owner has the following obligations:

1) to participate in the administration of the residential house;

2) to cover the administration expenditures of the residential house in accordance with the procedures laid down in Section 13 of this Law;

3) to settle accounts for the received services which are related to the use of the residential property (for example, heating, cold water, sewerage, and removal of household waste);

4) to pay the taxes imposed on the residential property;

5) to make lease payments for the use of land if the residential house is located on the land belonging to another person;

6) to treat with care the existing joint property share, complying with the conditions for its use, and also all the sanitary and fire safety requirements and other requirements laid down in laws and regulations in order not to cause harm to the safety and health of other persons, the quality of the surrounding environment, and to ascertain that these provisions and conditions are complied with by the persons lodged in his or her residential property;

7) to ensure the possibility for specialists authorised by the community of apartment owners or the administrator to perform such activities in the residential property which are necessary for the installing and normal functioning of communications, building structures and other elements related to the exploitation of the residential house, and also provide the possibility to inspect an individual property;

8) to execute the decisions taken by the community of apartment owners;

9) to conform to the restrictions on the right to use residential properties stipulated by the community of apartment owners;

10) upon alienating a residential property, to inform the acquirer of the residential property of such liabilities not fulfilled by the apartment owner which apply to the use of the residential property;

11) to submit a document certifying the residential property rights to the administrator of the residential house or a person who is keeping the house file according to the provisions of the administration contract.

(2) The acquirer of the residential property has an obligation to settle accounts for the payments indicated in Paragraph one, Clauses 2, 3, and 5 of this Section in relation to a residential property acquired as a result of an auction from the day when the court ruling on the approval of the auction act has entered into effect.

(3) If a residential property is alienated, the participants to the transaction shall, without delay, notify the administrator of the residential house in writing of the change of the apartment owner. The acquirer of the residential property shall, after conclusion of the transaction, submit a document certifying the ownership rights to the administrator of the residential house or the person who is keeping the house file according to the provisions of the administration contract.

[17 November 2016]

Section 11. Right of an Apartment Owner to Reconstruct, Renovate, or Restore a Residential Property

(1) An apartment owner has the right to reconstruct, renovate, or restore (hereinafter - to rebuild) an individual property, insofar as it does not affect the existing joint property shares or other residential properties, without having to coordinate with other apartment owners, but complying with the provisions of the laws and regulations.

(2) An apartment owner has the right, in conformity with the provisions of the laws and regulations, to rebuild the enclosing windows and doors of the individual property without coordinating with other apartment owners, if the community of apartment owners has not decided otherwise.

(3) If the rebuilding of an individual property affects the existing joint property share, it shall be necessary for the apartment owner to receive a consent of the community of apartment owners in accordance with the procedures laid down in this Law.

(4) If the rebuilding of an individual property affects another individual property, it shall be necessary for the apartment owner to obtain a consent of the relevant apartment owner.

Section 12. Right of First Refusal of Apartment Owners

(1) Upon alienating a residential property, the other apartment owners of the relevant residential house do not have the right of first refusal or redemption right, except for the cases where the community of apartment owners has taken a decision thereon in accordance with the procedures laid down in this Law and an entry has been made in the Land Register regarding the existence of right of first refusal.

(2) The right of first refusal shall be exercised in accordance with the procedures laid down in the Civil Law.

Section 13. Covering of Administration Expenditures of a Residential House

(1) An apartment owner shall, according to the existing joint property share included in his or her residential property, cover the expenditures specified on the basis of a decision of the community of apartment owners for the performance of the mandatory administration activities of the residential house, and also the remuneration to the administrator stipulated by the community of apartment owners for the administration of the residential house, if such has been provided for in the residential house administration contract.

(2) An apartment owner shall, according to the existing joint property share included in his or her residential property, cover the expenditures specified on the basis of a decision of the community of apartment owners cover for the performance of other administration activities of the residential house which ensure improvement and development of the residential house, promote the formation of optimal administration expenditures thereof, and apply to:

1) the changing of elements, installations, or communications which are in the joint property of the residential house, if such changing results in reduction of the maintenance costs of the house;

2) measures which result in reduction of expenditure for services related to the use of the residential property.

(21) An apartment owner shall, according to the existing joint property share included in his or her residential property, make the monetary payments specified on the basis of a decision of the community of apartment owners into the savings fund for the perfomance of administration activities of the residential house provided for in Paragraphs one and two of this Section. Upon taking the abovementioned decision, the community of apartment owners shall evaluate the documents justifying the performance of the relevant activities or their cost-effectiveness.

(22) The procedures for the making and use of the monetary payments referred to in Paragraph 2.1 of this Section shall be determined by the community of apartment owners.

(3) Upon taking the decision referred to in Paragraph two of this Section, the community of apartment owners shall evaluate the documents justifying the cost-effectiveness of the relevant activities in accordance with that specified in Paragraph two, Clauses 1 and 2 of this Section.

[17 November 2016]

Section 14. Accountability of an Apartment Owner

(1) An apartment owner shall be liable for the losses caused to other apartment owners or other persons according to the procedures laid down in the laws and regulations, decisions of the community of apartment owners, or mutually entered into contracts.

(2) If an apartment owner does not have other property to cover losses, recovery may be directed against the residential property in accordance with the procedures laid down in the Civil Procedure Law, concurrently evicting the apartment owner, his or her family members, and other persons lodged in the residential property.

(3) A residential property may be alienated in accordance with the procedures laid down in the Civil Procedure Law, concurrently evicting the apartment owner, his or her family members, and other persons lodged in the residential property, if the apartment owner, a member of his or her family, or another person lodged in the residential property violates the requirements of the laws and regulations which apply to the use of the residential property, including sanitary and fire safety norms, and, thus, causes harm to the safety and health of other persons, the quality of the surrounding environment.

(4) The request for the alienation of a residential property in the cases specified in Paragraph three of this Section may be raised by any apartment owner.

Chapter III
Community of Apartment Owners

Section 15. Status of the Community of Apartment Owners

(1) The community of apartment owners is the administrative body of a residential house which is partitioned into residential properties.

(2) The composition of the community of apartment owners shall include all apartment owners of the residential house.

(3) If the existing residential properties in the residential house belong to one person, he or she shall have all the rights and obligations of the community of apartment owners provided for in this Law.

Section 16. Competence of the Community of Apartment Owners

(1) The community of apartment owners has the right to decide any matter which relates to the existing joint property share. The community of apartment owners may, by entering into a relevant contract, authorise another person to decide a matter which is within the competence of the community, except for the matters referred to in Paragraph two of this Section.

(2) Only the community of apartment owners has the right to take a decision on the following:

1) the alteration of the existing joint property share (increasing, decreasing);

2) the specification of the procedures for the use of the existing joint property share between apartment owners;

21) the procedures for the reconstruction and restoration of the elements of the joint property of the residential house within the limits of the individual property;

3) the establishment and revoking of the right of first refusal of apartment owners;

4) the granting and revoking of authorisations;

5) the determination of the restrictions on the rights of use in conformity with the requirements of laws and regulations, including in relation to the installation construction, or relocation of equipment and facilities for water supply, sewage, public electronic communications networks, thermal energy, electricity, and gas supply;

6) the transfer for use of the existing joint property share;

7) the form of administration of the existing joint property share;

8) the assigning of individual or all administration activities of the residential house to the administrator and the revocation thereof;

9) the procedures for the determination and payment of the management expenditures of the residential house;

10) other matters which the community of apartment owners has specified as such that only fall within the competence of the community of apartment owners.

(3) A decision of the community of apartment owners shall be binding on all apartment owners and shall be taken if the apartment owners who represent more than a half of the residential properties of the residential house have voted "for", except where another number of votes necessary for taking a decision has been provided for in Section 17 of this Law or a larger necessary number of votes has been stipulated by the community of apartment owners itself.

(4) A court may, on the basis of an application by an apartment owner, declare a decision taken by the community of apartment owners as invalid if the decision or the procedures for its taking are in contradiction with the provisions of this Law. An action may be brought within three months from the day when the respective person became aware or should have become aware of the decision of the community of apartment owners, but not later than one year from the day of taking the decision.

[17 November 2016; 21 January 2021]

Section 17. Conditions for Decision-Making of a Community of Apartment Owners

(1) Upon taking a decision of a community of apartment owners, each apartment owner shall have as many votes as there are apartments in his or her ownership.

(2) If one apartment owner owns more than a half of the apartments existing in the residential house, when voting he or she shall have 50 per cent of the votes of all votes of apartment owners.

(3) If a residential property belongs to two or more joint owners, they shall authorise one person to represent all apartment owners and shall have one vote when voting.

(4) When authorising another person to represent his or her interests in the community of apartment owners, an apartment owner shall draw up a written authorisation thereof.

(5) In order to take a decision on the matters referred to in Section 16, Paragraph two, Clause 1 of this Law, it shall be necessary that all apartment owners vote "for".

(6) In order to take the decision on the establishment of the right of first refusal referred to in Section 16, Paragraph two, Clause 3 of this Law, it shall be necessary that all apartment owners vote "for". In order to take the decision on deletion of the entry on the right of first refusal from the Land Register, it shall be necessary that apartment owners who vote "for" represent more than a half of all apartment properties.

(7) [21 January 2021]

(71) In order to take a decision on the matters referred to in Section 16, Paragraph two, Clause 2 of this Law, it shall be necessary that apartment owners who vote "for" represent at least three-fourths of all apartment properties. In order to take a decision on the installation of a traffic sign, creation of a parking lot for persons with disability or a parking lot for electric vehicles if a charging point for electric vehicles is being installed at the same time, apartment owners representing more than half of all residential properties need to vote "for".

(8) [17 November 2016]

(9) [21 January 2021]

[17 November 2016; 21 January 2021]

Section 18. Procedures for Decision-Making of a Community of Apartment Owners

(1) The procedures and manner of decision-making of a community of apartment owners shall determined by the community of apartment owners, in conformity with the provisions of this Law.

(2) The community of apartment owners may take decisions on the matters within the competence thereof as follows:

1) at a general meeting of apartment owners (Section 19);

2) without convening a general meeting of apartment owners - by means of a questionnaire (Section 20);

3) upon mutual agreement of another kind (Section 21).

(3) All decisions of the community of apartment owners shall have equal legal force regardless of the manner referred to in Paragraph two of this Section in which they were taken.

(4) The community of apartment owners may specify which matters may only be decided at a general meeting of apartment owners.

(5) All decisions taken by the community of apartment owners shall be drawn up in writing.

(6) A decision of the community of apartment owners shall be sent to the administrator within a reasonable period of time, but not later than within one month from the day of taking the decision.

[17 November 2016]

Section 19. Procedures for the Convening of and Procedural Requirements for a General Meeting of Apartment Owners

(1) A general meeting of apartment owners shall be convened upon the initiative of one or more apartment owners or the administrator according to the procedures stipulated by apartment owners.

(2) Every apartment owner shall be invited, in writing or according to other procedures stipulated by the community of apartment owners, to a general meeting of apartment owners not later than one week prior thereof. The invitation shall include the place, time, and agenda of the general meeting.

(3) A general meeting of apartment owners shall have a quorum if apartment owners representing more than half of all residential properties participate therein. If the specified number of apartment owners does not attend the general meeting, the general meeting shall be deemed not to have taken place.

(4) Apartment owners who are in attendance at a general meeting shall register in the registration list of members in attendance.

(5) At a general meeting of apartment owners a chair and a recorder of minutes for the general meeting shall be elected.

(6) The procedures by which general meetings of apartment owners shall be convened and how the decisions taken therein and minutes shall be drawn up shall be determined by the community of apartment owners.

Section 20. Decision-Making of a Community of Apartment Owners, without Convening a General Meeting of the Community of Apartment Owners

(1) Apartment owners have the right to take decisions without convening a general meeting of apartment owners - by means of a questionnaire if the community of apartment owners has not specified that the relevant matter shall only be decided at a general meeting of apartment owners.

(2) If a decision is taken without convening a general meeting of apartment owners - by means of a questionnaire, the apartment owner, a person specified by the community of apartment owners, or the administrator shall, in writing, send each apartment owner the draft decision on the matter to be decided and the documents which are relevant to taking of the decision, and also indicate the time limit within which the apartment owner can vote in writing "for" or "against" taking the relevant decision. The time limit shall not be less than two weeks after sending of the draft decision. If the apartment owner has not replied in writing within the specified period, it shall be considered that he or she has voted against taking of the decision.

(3) The apartment owner, a person specified by the community of apartment owners, or the administrator shall prepare a voting report on the results of voting and, within five working days, send it to all apartment owners. The voting report shall indicate the following:

1) the date when the draft decision was sent and the time limit within which the apartment owners had to vote;

2) the decision taken and the voting results related thereto;

3) upon a request of apartment owners - the content of differing opinions;

4) other significant information on the voting.

(4) If any of apartment owners so requests, the apartment owner, a person specified by the community of apartment owners, or the administrator shall provide the voting results of other apartment owners.

(5) The procedures by which the community of apartment owners shall take decisions without convening a general meeting of apartment owners - by means of a questionnaire shall be determined by the community of apartment owners.

[17 November 2016]

Section 21. Decision-Making of a Community of Apartment Owners by Mutual Agreement of Another Kind

(1) A mutual agreement between all apartment owners shall be accepted as the decision of the community of apartment owners.

(2) If all apartments in a residential house belong to one person, his or her decision shall be considered as the decision of the community of apartment owners.

Transitional Provisions

[17 November 2016]

1. With the coming into force of this Law, the law On Residential Properties (Latvijas Republikas Saeimas un Ministra Kabineta Ziņotājs, 1996, No. 1; 1997, No. 4; 1998, No. 23; 2001, No. 24; 2004, No. 9; 2009, No. 24) is repealed.

[17 November 2016]

2. Amendment regarding the supplementation of Section 5 of this Law with Paragraph six (regarding the re-calculation of the undivided shares of the individual and joint property of a residential property if, during the privatisation process of the residential house, the undivided shares of the joint property have not been calculated in accordance with Section 5, Paragraph one of this Law) shall come into force concurrently with amendments made to the State Immovable Property Cadastre Law and the Land Register Law providing for the updating of the re-calculated undivided shares of the individual and the joint property of the residential property in the Land Register.

[17 November 2016]

3. The new wording of Section 3, Paragraph one of this Law (regarding registration of the individual property as a building unit in the State Immovable Property Cadastre Information System) shall not apply to such residential properties that have been registered in the State Immovable Property Cadastre Information System until 31 December 2016.

[22 June 2017]

4. Amendment to Section 4, Paragraph one, Clause 1 of this Law (regarding the replacement of the words "residential house" with the words "individual residential house") shall not apply to such residential properties which have been registered in the State Immovable Property Cadastre Information System until 31 December 2016, and also to such residential houses which have been recorded in the Land Register or for the construction of which a construction permit has been issued until 31 December 2016.

[22 June 2017]

The Law shall come into force on 1 January 2011.

The Law was adopted by the Saeima on 28 October 2010.

President V. Zatlers

Riga, 17 November 2010


1 The Parliament of the Republic of Latvia

Translation © 2021 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Dzīvokļa īpašuma likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 28.10.2010.Entry into force: 01.01.2011.Theme: Apartment rights; Immovable property, constructionPublication: Latvijas Vēstnesis, 183, 17.11.2010.
Language:
LVEN
Related documents
  • Amendments
  • Changes legal status of
  • General Findings of the Supreme Court
  • Annotation / draft legal act
  • Explanations
  • Other related documents
221382
{"selected":{"value":"03.02.2021","content":"<font class='s-1'>03.02.2021.-...<\/font> <font class='s-3'>Sp\u0113k\u0101 eso\u0161\u0101<\/font>"},"data":[{"value":"03.02.2021","iso_value":"2021\/02\/03","content":"<font class='s-1'>03.02.2021.-...<\/font> <font class='s-3'>Sp\u0113k\u0101 eso\u0161\u0101<\/font>"},{"value":"01.12.2019","iso_value":"2019\/12\/01","content":"<font class='s-1'>01.12.2019.-02.02.2021.<\/font> <font class='s-2'>V\u0113sturisk\u0101<\/font>"},{"value":"13.07.2017","iso_value":"2017\/07\/13","content":"<font class='s-1'>13.07.2017.-30.11.2019.<\/font> <font class='s-2'>V\u0113sturisk\u0101<\/font>"},{"value":"01.01.2017","iso_value":"2017\/01\/01","content":"<font class='s-1'>01.01.2017.-12.07.2017.<\/font> <font class='s-2'>V\u0113sturisk\u0101<\/font>"},{"value":"01.01.2011","iso_value":"2011\/01\/01","content":"<font class='s-1'>01.01.2011.-31.12.2016.<\/font> <font class='s-2'>Pamata<\/font>"}]}
03.02.2021
84
0
  • Twitter
  • Facebook
  • Draugiem.lv
 
0
Latvijas Vestnesis, the official publisher
ensures legislative acts systematization
function on this site.
All Likumi.lv content is intended for information purposes.
About Likumi.lv
News archive
Useful links
For feedback
Contacts
Mobile version
Terms of service
Privacy policy
Cookies
Latvijas Vēstnesis "Everyone has the right to know about his or her rights."
Article 90 of the Constitution of the Republic of Latvia
© Official publisher "Latvijas Vēstnesis"
ISO 9001:2015 (quality management system)
ISO 27001:2013 (information security)