The translation of this document is outdated.
Translation validity: 27.03.2008.–10.03.2009.
Amendments not included:
12.02.2009.,
15.04.2009.,
12.06.2009.,
16.07.2009.,
22.10.2009.,
28.01.2010.,
16.06.2010.,
27.01.2011.,
21.02.2013.,
19.09.2013.,
16.01.2014.,
19.06.2014.,
01.06.2017.,
12.04.2018.
Disclaimer: The English language text below is
provided by the Translation and Terminology Centre for
information only; it confers no rights and imposes no
obligations separate from those conferred or imposed by
the legislation formally adopted and published. Only the
latter is authentic. The original Latvian text uses
masculine pronouns in the singular. The Translation and
Terminology Centre uses the principle of gender-neutral
language in its English translations. In addition,
gender-specific Latvian nouns have been translated as
gender-neutral terms, e.g. chairperson.
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Text consolidated by Tulkošanas un terminoloģijas
centrs (Translation and Terminology Centre) with amending
laws of:
22 August 1996;
28 November 1996;
11 June 1997;
7 May 1998;
16 December 1999;
3 August 2000;
14 December 2000;
5 July 2001;
27 June 2002;
20 November 2003;
7 April 2004;
24 February 2005;
15 December 2005;
18 May 2006;
6 June 2006 (Constitutional Court);
8 January 2007 (Cabinet Regulation No. 35);
19 April 2007;
21 February 2008.
If a whole or part of a
section has been amended, the date of the amending law
appears in square brackets at the end of the section. If
a whole section, paragraph or clause has been deleted,
the date of the deletion appears in square brackets
beside the deleted section, paragraph or clause.
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The Saeima1 has adopted and
the President has proclaimed the following law:
On Privatisation of State and
Local Government Residential Houses
Chapter I
General Provisions
Section 1. Terms used in this
Law
The following terms are used in this Law:
1) multi-apartment house - a residential house where
pursuant to the house inventory plan there is more than one
apartment, artist's workshop or non-residential premises and
auxiliary buildings and structures functionally belonging to the
house;
2) apartment - premises or a complex of premises
detached from the remainder of the multi-apartment house, that is
marked as an apartment in the house inventory plan and that has
belonging to it its walls, internal partition walls, ceilings,
floors, its finish thereto, windows, doors, pipes, chimneys,
parts of leads and other functionally indivisible parts of
elements associated with the use of the house, all improvements
located within the premises or within the boundaries of the
complex of premises, as well as auxiliary buildings and
structures existing outside the apartment and functionally
connected thereto (basement, toilet, shed, artist's
workshop);
3) family members of a tenant - persons lodged in the
residential space rented by a tenant in accordance with the
procedures specified in Sections 9 and 10 of the Law On
Residential Tenancy;
4) common apartment - an apartment, the residential
premises of which are used on the basis of individually entered
into residential tenancy contracts and the auxiliary premises of
which are transferred for collective usage;
5) part of house in joint property - a part of a
multi-apartment house comprising of external walls, apartments,
the partition walls of non-residential premises or artist's
workshops, roof, attic, staircases, basements, as well as
windows, doors, communications, facilities and other functionally
indivisible elements associated with the use of the house, that
do not belong to an apartment, artist's workshop or
non-residential premises;
6) undivided share of the joint property - a part,
which is in proportion with the area of an apartment,
non-residential premises or artist's workshop in relation to the
total area of all apartments, non-residential premises and
artist's workshops existing in the house;
7) [7 April 2004];
8) artist's workshop - non-residential premises or a
complex of non-residential premises existing in a multi-apartment
house, which are marked as an artist's workshop in the house
inventory plan and which are not functionally associated with any
of the apartments existing in the house and which have belonging
to them their walls, internal partition walls, ceilings, floors,
their finish thereto, windows and doors, pipes, chimneys, parts
of leads and other functionally indivisible parts of elements
associated with the use of the house, all improvements located
within the premises or within the boundaries of the complex of
premises, as well as auxiliary buildings and structures existing
outside the artist's workshop and functionally connected thereto
(basement, toilet, shed);
9) non-residential premises - premises or a complex of
premises existing in a multi-apartment house, which are marked as
non-residential premises in the house inventory plan and which
are not functionally associated with any of apartments or
artist's workshops existing in the house and which have belonging
to them their walls, internal partition walls, ceilings, floors,
their finish thereto, windows and doors, pipes, chimneys, parts
of leads and other functionally indivisible parts of elements
associated with the use of the house, all improvements located
within the premises or within the boundaries of the complex of
premises, as well as auxiliary premises and auxiliary buildings
existing outside the non-residential premises and functionally
connected thereto (basement, toilet, shed);
10) non-citizen - a person who in accordance with the
Law On the Status of those Former U.S.S.R. Citizens who do not
have the Citizenship of Latvia or that of any Other State has the
rights to an aliens passport issued by the Republic of
Latvia;
11) privatisation - a set of activities, in the result
of which legal persons and natural persons acquire apartments,
non-residential premises, artist's workshops, single dwellings or
multi-apartment houses existing in State or local government
residential houses;
12) technical execution of privatisation - a set of
legal and organisational technical activities to be executed so
that executive body of privatisation could take a decision
regarding privatisation;
13) [7 April 2004];
14) single dwelling - a residential house where there
is one apartment pursuant to the house inventory plan and
auxiliary buildings functionally connected thereto;
15) transfer of apartment, artist's workshop or
non-residential premises into ownership until privatisation of
the residential house - a set of activities to be performed
in order to transfer an apartment, artist's workshop or
non-residential premises existing in State or local government
residential houses into the ownership of persons indicated in
this Law until privatisation of the residential house;
16) preparation of a residential house for
privatisation - a set of legal and organisational technical
activities to be performed in order to specify the plot of land
that is functionally necessary to a residential house and to
register the house or the house and land in the Land Register
until the commencement of registration of the residential
house;
17) social residential house - a residential house
specified by a decision of a local government and owned by a
local government, maintenance and management of which is partly
or completely performed for the funds of local the government
budget and in which apartments are rented in accordance with the
procedures specified in Law;
18) State residential house - a residential house owned
by the State, which has been transferred into possession of a
State institution or capital company;
19) artist - a person who has acquired secondary
special or higher education at educational institutions specified
by the Ministry of Culture and who is a member of a creative
professional organisation registered at the Ministry of Culture,
or also a person who contributes to culture with his or her
creative work, and it is confirmed by the creative professional
organisation registered at the Ministry of Culture;
20) plot of land that is functionally necessary to a
residential house to be privatised - land, on which a
residential house has been built, elements of infrastructure,
utilities and communications necessary for the maintenance,
management and functioning thereof, which have been indicated in
the detail plan of such plot of land; and
21) proposal of privatisation - a submission of a
person where a wish to privatise an apartment, artist's workshop
or single dwelling has been expressed if any of the reasons
hindering privatisation of the relevant object referred to in
this Law exist at the time of submitting the submission.
[22 August 1996; 28 November 1996;
11 June 1997; 7 May 1998; 26 October 2000; 7 April 2004; 18 May
2006]
Section 2. Application and
Objectives of the Law
This Law prescribes the procedures for privatisation of State
and local government residential houses, and the objective
thereof shall be to develop the immovable property market and to
promote the putting into order of residential houses, in
protecting the interests of residents.
Section 3. Openness and Voluntarity
of Privatisation
(1) Privatisation shall be performed openly by informing
society regarding privatisation objects and explaining the
conditions and procedures of privatisation.
(2) Openness of privatisation shall be ensured by
privatisation commissions in publishing information in the cases
specified and the procedures provided for in this Law.
(3) Any natural person and physical person has the right to
receive information regarding privatisation objects, conditions
and procedures of privatisation.
(4) Tenants and lessees of apartments, artist's workshops
existing in State and local government multi-apartment houses, as
well as single dwellings shall privatise them voluntarily.
Section 4. Types of
Privatisation
(1) Privatisation shall take place by redeeming the
privatisation object referred to in Sections 7 and 8 of this Law
and entering into a purchase contract or by receiving the
privatisation object into ownership free of charge and entering
into an agreement.
(2) A privatisation object may redeemed according to the
following procedures:
1) the person concerned purchases the privatisation object
offered;
2) the person concerned purchases the privatisation object
offered to the public in a public auction; or
3) a land owner purchases the privatisation object offered to
the public.
Section 5. Means and Procedures of
Payment
Payments for the privatised object shall be made in
privatisation certificates and lats in accordance with Sections
45 and 46 of this Law.
Section 6. Persons who have the
Right to Privatise Apartments, Non-residential Premises, Artist's
Workshops, as well as Multi-apartment Houses and Single
Dwellings
The following persons have the right to privatise the
privatisation objects referred to in Sections 7 and 8 of this Law
in accordance with the procedures specified by this Law:
1) owners of privatisation certificates - Latvian citizens,
non-citizens and persons who have received a permanent residence
permit; and
2) owners of privatisation certificates - legal persons who
have the right to purchase land in accordance with the laws in
force, except State, local governments and capital companies, in
which State or local government capital shares separately or in
total exceed 50 per cent.
[18 May 2006]
Chapter II
Privatisation Object
Section 7. Privatisation Object, if
the Residential House is Located on Land Owned by the State or
Local Government
(1) If a multi-apartment house is completely or partly located
on land owned by the State or a local government, to acquisition
of which into ownership restrictions are applicable to even one
of the privatising persons in accordance with the Law On
Privatisation of Land in Rural Areas, the Law On Land Reform in
the Cities of the Republic of Latvia, the Railway Law or other
laws, an apartment (total undivided share of the apartment),
non-residential premises or an artist's workshop existing in a
residential house shall be regarded a privatisation object
together with the corresponding undivided share of the part of
the house in joint property. The owner of the privatised object
shall have the lease rights of a plot of land owned by the State
or local government for 99 years.
(2) If a multi-apartment house is completely or partly located
on land owned by the State or a local government, an apartment
(the total undivided share of the apartment), non-residential
premises or an artist's workshop existing in a residential house
shall be regarded a privatisation object together with the
corresponding undivided share of the part of the house in joint
property and the undivided share owned by the State or the local
government, except cases referred to in Paragraph one of this
Section.
(3) If a single dwelling or a multi-apartment house is
completely or partly located on land owned by 'the State or a
local government, to acquisition of which into ownership
restrictions are applicable to the privatising person in
accordance with the Law On Privatisation of Land in Rural Areas,
the Law On Land Reform in the Cities of the Republic of Latvia,
the Railway Law or other laws, the single dwelling or the
undivided share thereof or the multi-apartment house shall be
regarded a privatisation object. Owner of the privatised object
shall have the lease rights of a plot of land owned by the State
or the local government for 99 years.
(4) If a single dwelling or a multi-apartment house is
completely or partly located on land owned by the State or a
local government, the single dwelling or the undivided share
thereof or the multi-apartment house shall be regarded a
privatisation object together with the plot of land owned by the
State or local government, except cases referred to in Paragraphs
three, five and six of this Section.
(5) If a single dwelling or a multi-apartment house is located
on land owned by the State or a local government, which is
completely or partly located within the red lines of roads,
streets or driveways marked in the spatial planning approved by a
local government city council (county, parish council), the
single dwelling or the undivided share thereof, the
multi-apartment house or an apartment, non-residential premises
or an artist's workshop existing in the residential house shall
be regarded a privatisation object together with the
corresponding undivided share of the part of the house in joint
property. The owner of the privatised object shall have the lease
rights of a plot of land owned by the State or the local
government for 99 years.
(6) If a single dwelling or a multi-apartment house is
completely or partly located on land owned by the State or a
local government, on which buildings that cannot be privatised in
accordance with the procedures of this Law are also located, and
pursuant to the territorial development plan of a local
government approved by the local government city council (county,
parish council) it is not permissible to separate a plot of land
functionally necessary to a residential house from the plot of
land belonging to the State or local government, the
multi-apartment house or an apartment, non-residential premises
or an artist's workshop existing in the residential house shall
be regarded a privatisation object together with the
corresponding undivided share of the part of the house in joint
property.
[27 June 2002; 18 May 2006]
Section 8. Privatisation Object if
the Residential House is Located on Land Owned by a Natural
Person or Legal Person
If a single dwelling or a multi-apartment house is located on
land owned by a natural person or a legal person, an apartment
(the total undivided share of the apartment), non-residential
premises or an artist's workshop existing in the multi-apartment
house together with the corresponding undivided share of the part
of the house in joint property or the single dwelling or the
undivided share thereof, or the multi-apartment house shall be
regarded a privatisation object.
[16 December 1999; 27 June 2002; 18
May 2006]
Section 8.1 Decision
Regarding Commencement of Privatisation of a Residential
House
(1) The Construction, Energy and Housing State Agency shall
take a decision regarding commencement of privatisation of a
State residential house.
(2) A local government city council (county, parish council)
shall take a decision regarding commencement of privatisation of
a local government residential house.
[11 June 1997; 20 November 2003; 21
February 2008]
Chapter III
Conditions to be Complied with in Offering an Separate Apartment,
Non-residential Premises, Artist's Workshop, Single Dwelling or
Multi-apartment House for Privatisation
Section 9. Conditions of
Privatisation if the Residential House is a Joint Property
(1) If a residential house is a joint property of the State or
a local government and any other person, the part of the joint
property belonging to the State or the local government shall be
privatised as apartments, artist's workshops or non-residential
premises if previously the property rights of the State or the
local government to individual apartments, artist's workshops or
non-residential premises have been specified in accordance with
the provisions of Section 24 of the Law On Residential Property
and Clause 20 of the Transitional Provisions of this Law. In
performing division of the joint property, provisions of Section
1075 of the Civil Law shall not be applicable.
(2) If an agreement regarding division of a joint property -
apartments, artist's workshops or non-residential premises - has
not been reached among joint owners in accordance with Clause 20
of the Transitional Provisions of this Law, the State or a local
government shall sell the undivided share of the joint property
belonging thereto in an auction in accordance with a respective
Cabinet order or a decision of the relevant local government city
council (county, parish council), the Law On Alienation of State
and Local Government Property and this Law.
(3) If a single dwelling is a joint property of the State or a
local government and any other person, a joint owner (joint
owners) thereof shall privatise the part of the joint property
belonging to the State or the local government.
[16 December 1999]
Section 10. Conditions of
Privatisation if a Residential House has been Nationalised or
Illegally Alienated
A single dwelling or undivided share thereof, or a
multi-apartment house, as well as an apartment, non-residential
premises and artist's workshop in a multi-apartment house, which
has been nationalised or illegally alienated after 21 July 1940,
shall be privatised if:
1) the former owner of the house or his or her heirs have not
submitted an application in accordance with the procedures and
time periods specified in the Law;
2) the application has been rejected in accordance with the
procedures specified in the Law; or
3) the former owner of the house or his or her heirs have
requested compensation for the nationalised or illegally
alienated residential house.
[16 December 1999]
Section 11. Conditions of
Privatisation if a Residential House has been Recognised as a
Cultural Monument
A single dwelling or a multi-apartment house, an apartment,
non-residential premises and an artist's workshop, which has been
recognised as a cultural monument, as well as an apartment,
non-residential premises, an artist's workshop, a single dwelling
or a multi-apartment house, to which a cultural monument belongs,
shall be privatised in conformity with the requirements specified
in the Law On Protection of Cultural Monuments.
Section 12. Conditions of
Privatisation of Service Apartments
A service apartment shall be privatised if the status of
service apartment has been previously withdrawn.
Chapter IV
Sequence, in Which Single Dwellings or Multi-apartment Houses,
Apartments, Non-residential Premises and Artist's Workshops that
are Located in Multi-apartment Houses Built on Land Belonging to
the State or Local Government shall be Privatised
Section 13. Sequence, in Which an
Apartment or Single Dwelling, for Utilisation of which a Tenancy
Contract of Residential Space has been Entered into, shall be
Privatised
(1) Any apartment, for utilisation of which a tenancy contract
of residential space has been entered into (hereinafter - rented
apartment), shall be offered for privatisation to the tenant of
such apartment and his or her family members.
(2) The tenant of an apartment and his or her family members
may privatise the rented apartment if:
1) the tenant of the apartment and his or her family members
enter into an agreement confirmed notarially or by a
privatisation commission regarding who will privatise the rented
apartment. If the tenant of the apartment and his or her family
members want to privatise the apartment as a joint property, the
subsequent procedures for utilisation of residential premises
shall be provided for in the referred deed of agreement; or
2) a claim regarding termination of the tenancy contract and
eviction of the tenant and his or her family members has not been
brought to the court.
(3) If a tenant and his or her family members do not reach an
agreement regarding who will privatise the rented apartment or
refuse from privatisation thereof, the privatisation commission
shall not offer the apartment for privatisation to other persons.
The tenant and his or her family members shall not lose the
rights to privatise the apartment in future in conformity with
the procedures specified in this Law, except the case provided
for in Paragraph four of this Section.
(4) The person indicated in Section 6 of this Law may
privatise the rented apartment of a tenant with a consent of the
tenant and his or her family members if the tenant and his or her
family members refuse from privatisation of the apartment and
enter into an agreement confirmed notarially or by privatisation
commission with the person who wants to privatise the referred to
apartment. In such case the tenant shall preserve the rights of
utilisation of residential space unless provided otherwise in the
agreement.
(5) A single dwelling, regarding utilisation of which a
tenancy contract of residential space has been entered into
(hereinafter - rented single dwelling), shall be privatised in
conformity with the provisions of this Section.
[22 August 1996; 7 May 1998; 16
December 1999]
Section 14. Sequence for
Privatisation of Common Apartments
(1) A common apartment may be privatised in accordance with
the procedures specified in Paragraph three or 3.1 of
this Section.
(2) Any common apartment shall be offered for privatisation to
each tenant of residential space of such apartment and his or her
family members.
(3) A common apartment may be privatised if:
1) the tenants of the apartment and their family members enter
into an agreement confirmed notarially or by a privatisation
commission regarding who will privatise the apartment. If tenants
of the apartment and their family members want to privatise the
apartment as a joint property, the subsequent procedures for
utilisation of residential premises shall be provided for in the
referred deed of agreement;
2) a claim regarding termination of the tenancy contract and
eviction of the tenant and his or her family members has not been
brought to the court.
(31) A tenant of a common apartment and his or her
family members may privatise the undivided share of the common
apartment pursuant to the area of the apartment rented by him or
her if:
1) the tenants of the common apartment and their family
members have refused from privatisation of the common apartment
in accordance with the procedures specified in Paragraph two of
this Section;
11) the tenants of the common apartment and their
family members shall enter into a notarily or privatisation
commission certified agreement regarding the fact, which one of
them shall privatise the undivided share of the common
apartment;
2) a claim regarding termination of such tenancy contracts and
eviction of such tenants and their family members who want to
privatise the undivided share of the common apartment has not
been brought to the court; or
3) an agreement with a State or local government authorised
institution regarding subsequent procedures for utilisation of
the common apartment has been entered into.
(4) If tenants and their family members do not reach an
agreement regarding who will privatise the common apartment or
refuse from privatisation thereof, the privatisation commission
shall not offer the apartment for privatisation to other persons.
Tenants and their family members shall not lose the rights to
privatise the common apartment in future in conformity with the
procedures specified in this Law, except the case provided for in
Paragraph five of this Section.
(5) The person indicated in Section 6 of this Law may
privatise the common apartment rented by tenants with a consent
of the tenants and their family members if the tenants and their
family members refuse from privatisation of the apartment and
enter into an agreement confirmed notarially or by a
privatisation commission with the person who wants to privatise
the referred to apartment. In such case the tenant shall preserve
the right of utilisation of residential space unless provided
otherwise in the agreement.
(6) If separate residential premises of a common apartment
have not been rented, a tenant (tenants) of the common apartment
and his or her family members shall privatise the entire common
apartment in accordance with the procedures specified in this
Law.
[22 August 1996; 7 May 1998; 16
December 1999; 18 May 2006; 21 February 2008]
Section 15. Sequence for
Privatisation of an Apartment or Single Dwelling, for Utilisation
of which a Tenancy Contract of Residential Space has not been
Entered into
(1) An apartment, regarding utilisation of which a tenancy
contract of residential space has not been entered into
(hereinafter - unrented apartment), shall be offered for
privatisation to the public in an open auction. The following
natural persons shall be the first to participate therein:
1) those who rent residential space in denationalised houses
or houses returned to the lawful owners on the basis of a tenancy
contract of residential space, which has been entered into prior
to denationalisation or returning of such houses to former
owners, and against which claims have been brought to the court
regarding termination of the tenancy contract of residential
space and the owners are not obliged to provide such persons with
an equal residential space in accordance with the provisions of
the Law On Residential Tenancy; and
2) those who are to be evicted from a denationalised house or
a house returned to the lawful owners pursuant to a judgment of a
court, which has come into lawful effect, and the owner is not
obliged to provide such persons with an equal residential space
in accordance with the provisions of the Law On Residential
Tenancy.
(2) If any of the persons referred to in Paragraph one of this
Section has not applied to privatise an unrented apartment, the
following natural persons who have applied to an open auction
shall participate concurrently in the auction:
1) those who rent residential space in a house, which has
become unfit for living due to a natural disaster or whose
structure is in a state of disrepair;
2) those who rent residential space in a denationalised house
or a house returned to a lawful owner or a house, regarding which
a relevant decision regarding return to the lawful owner has been
taken or regarding which a decision regarding restoration of
ownership rights has been taken, or in a house, the former owner
of which or heirs thereof have submitted an application regarding
restoration of ownership rights in accordance with the Law On the
Denationalisation of Building Properties in the Republic of
Latvia and the Law On the Return of Building Properties to Lawful
Owners if a tenancy contract has been entered into prior to
denationalisation or return of such houses to former owners;
3) in whose family there are three or more minor children if
they rent an insufficiently large residential space and are
registered at the local government for receipt of aid for
resolving of apartment matters;
4) those who rent residential space in a common apartment for
more than five years;
5) those who rent residential space without facilities for
more than 40 years; and
6) those who are to be evicted from rented residential
premises pursuant to a judgment of a court, which has come into
lawful effect, without provision with another residential
space.
(3) If any of the persons referred to in Paragraphs one and
two of this Section has not applied to privatise an unrented
apartment, the natural persons who have property compensation
certificates and who have applied to an open auction shall
participate in the auction.
(4) If any of the persons referred to in Paragraphs one, two
and three of this Section has not applied to privatise an
unrented apartment, the natural persons and legal persons -
owners of property compensation certificates of any type who have
applied to an open auction - shall participate in the
auction.
(5) A person who has privatised an unrented apartment in
accordance with the procedures specified in Paragraphs one and
two of this Section shall not alienate it three years after the
person has acquired the relevant apartment in an auction.
(6) In accordance with the procedures specified in this
Section the persons referred to in Paragraphs one and two of this
Section may privatise a non-rented apartment only once.
(7) A single dwelling, regarding utilisation of which a
tenancy contract of residential space has not been entered into
(hereinafter - unrented single dwelling), shall be privatised in
conformity with the provisions of this Section.
(8) An unrented local government apartment or a single
dwelling shall be offered for privatisation in an open auction
for lats with a decision of the local government city council
(county, parish council) and an unrented State apartment or a
single dwelling - with a decision of the Construction, Energy and
Housing State Agency.
[7 April 2004; 24 February 2005; 21
February 2008]
Section 16. Sequence for
Privatisation of a Multi-apartment House where Apartments,
Non-residential Premises and Artist's Workshops are not Rented or
Leased
(1) A multi-apartment house where apartments, non-residential
premises and artist's workshops are not rented or leased
(hereinafter - unrented multi-apartment house) shall be offered
for privatisation as one whole object. A decision regarding
privatisation of the unrented multi-apartment house as one whole
object shall be taken by a local government city council (county,
parish council) or the Construction, Energy and Housing State
Agency.
(2) An unrented multi-apartment house shall be offered for
privatisation to the public as one whole object in an open
auction.
(3) [24 February 2005]
(4) [24 February 2005]
[11 June 1997; 20 November 2003; 24
February 2005; 21 February 2008]
Section 17. Sequence for
Privatisation of an Artist's Workshop
(1) Any leased artist's workshop shall be offered for
privatisation to the lessee of the workshop who is an artist in
accordance with the requirements of Section 1, Clause 19 of this
Law.
(2) A lessee of an artist's workshop may privatise it if:
1) he or she is an artist in accordance with the requirements
of Section 1, Clause 19 of this Law;
2) a claim regarding termination of a lease contract has not
been brought to the court; or
3) workshop of the relevant artist has been built and put into
service pursuant to a building design approved in accordance with
the procedures specified in regulatory enactments. This provision
shall not apply to an artist's workshop, regarding utilisation of
which a lease contract has been entered into until coming into
force of this Law.
(3) If a lessee of an artist's workshop who is an artist in
accordance with the requirements of Section 1, Clause 19 of this
Law refuses to privatise the leased workshop, it shall not be
offered for privatisation to another person until the end of the
time period of lease contract. A lessee of an artist's workshop
who is an artist in accordance with the requirements of Section
1, Clause 19 of this Law shall not lose the rights to privatise
the leased workshop until the end date of the time period of the
lease contract in conformity with the procedures specified in
this Law.
(4) An artist's workshop, lessee of which is not entitled to
privatise it, as well as an artist's workshop, regarding which a
lease contract of non-residential premises has not been entered
into (hereinafter - unleased artist's workshop), shall be offered
for privatisation in an open auction only to artists - owners of
privatisation certificates.
[14 December 2000; 5 July 2001]
Section 18. Sequence for
Privatisation of Non-residential Premises
(1) Any non-residential premises, regarding utilisation of
which a lease contract of non-residential premises has been
entered into (hereinafter - leased non-residential premises),
shall be offered for privatisation to a lessee of the
premises.
(2) A lessee of non-residential premises may privatise the
leased non-residential premises if:
1) a lease contract of the relevant non-residential premises,
which has been entered into in accordance with the procedures
specified in the Law, is valid at the time of submission of a
privatisation application;
2) the rental fee and payment for public utility services of
the non-residential premises is fully paid at the time of
submission of a privatisation application;
3) other liabilities provided for in the lease contract of the
non-residential premises have been duly fulfilled; and
4) taxes have been paid.
(3) Non-residential premises, which a lessee refuses to
privatise or is not entitled to privatise or regarding
utilisation of which a lease contract has not been entered into,
shall be offered for privatisation to the public in an open
auction where at first natural persons and legal persons who have
property compensation certificates participate.
(4) If any person who has property compensation certificates
has not applied to privatise the non-residential premises
referred to in Paragraph three of this Section, such natural
persons and legal persons - owners of property compensation
certificates of any type who have applied to an open auction -
shall participate in the auction.
[22 August 1996; 28 November 1996;
11 June 1997; 16 December 1999; 26 October 2000; 5 July 2001]
Chapter V
Sequence for Privatisation of Single Dwellings or Multi-apartment
Houses, as well as Apartments, Non-residential Premises and
Artist's Workshops that are Located in a Multi-apartment House
Built on Land Belonging to Natural Persons or Legal Persons
Section 19. Sequence for
Privatisation of a Rented Apartment or Rented Single Dwelling
(1) Any rented apartment shall be offered for privatisation to
each tenant of the apartment and his or her family members.
(2) A tenant of an apartment and his or her family members may
privatise the rented apartment if:
1) the tenant of the apartment and his or her family members
enter into an agreement confirmed notarially or by a
privatisation commission regarding who will privatise the rented
apartment. If the tenant of the apartment and his or her family
members want to privatise the apartment as a joint property, the
subsequent procedures for utilisation of residential premises
shall be provided for in the referred deed of agreement;
2) a claim regarding termination of the tenancy contract and
eviction of the tenant and his or her family members has not been
brought to the court.
(3) If a tenant and his or her family members do not reach an
agreement regarding who will privatise the rented apartment or
refuse from privatisation thereof, the privatisation commission
shall not offer the apartment for privatisation to other persons.
The tenant and his or her family members shall not lose the
rights to privatise the apartment in the future in conformity
with the procedures specified in this Law, except the case
provided for in Paragraph four of this Section.
(4) An owner of a plot of land on whose land a residential
house has been built or another person indicated in Section 6 of
this Law may privatise the apartment rented by a tenant with the
consent of the tenant and his or her family members if the tenant
and his or her family members refuse from privatisation of the
apartment and enter into an agreement confirmed notarially or by
a privatisation commission with the person who wants to privatise
the referred to apartment.
(5) A rented out single dwelling shall be privatised in
accordance with this Section.
[22 August 1996; 7 May 1998]
Section 20. Sequence for
Privatisation of a Common Apartment
(1) A common apartment may be privatised in accordance with
the procedures specified in Paragraph three or 3.1 of
this Section.
(2) Any common apartment shall be offered for privatisation to
each tenant of the residential space of such apartment and his or
her family members.
(3) A common apartment may be privatised if:
1) tenants of the apartment and their family members enter
into an agreement confirmed notarially or by a privatisation
commission regarding who will privatise the apartment. If the
tenants of the apartment and their family members want to
privatise the apartment as a joint property, the subsequent
procedures for utilisation of residential premises shall be
provided for in the referred deed of agreement; or
2) a claim regarding termination of the tenancy contract and
eviction of the tenant and his or her family members has not been
brought to the court.
(31) A tenant of a common apartment and his or her
family members may privatise the undivided share of the common
apartment pursuant to the area of the apartment rented by him or
her if:
1) tenants of the common apartment and their family members
have refused from privatisation of the common apartment in
accordance with the procedures specified in Paragraph two of this
Section;
11) the tenants of the common apartment and their
family members shall enter into a notarily or privatisation
commission certified agreement regarding the fact, which one of
them shall privatise the undivided share of the common
apartment;
2) a claim regarding termination of such tenancy contracts and
eviction of such tenants and their family members who want to
privatise the undivided share of the common apartment has not
been brought to the court; or
3) an agreement with a State or local government authorised
institution regarding subsequent procedures for utilisation of
the common apartment has been entered into.
(4) If tenants and their family members do not reach an
agreement regarding who will privatise the common apartment or
refuse from privatisation thereof, the privatisation commission
shall not offer the apartment for privatisation to other persons.
Tenants and their family members shall not lose the rights to
privatise the common apartment in the future in conformity with
the procedures specified in this Law, except the case provided
for in Paragraph five of this Section.
(5) An owner of a plot of land on whose land a residential
house has been built or another person indicated in Section 6 of
this Law may privatise the apartment rented by tenants with the
consent of tenants and their family members if tenants and their
family members refuse from privatisation of the apartment and
enter into an agreement confirmed notarially or by a
privatisation commission with the person who wants to privatise
the referred to apartment.
(6) If separate residential premises of a common apartment
have not been rented, a tenant (tenants) of the common apartment
and his or her family members shall privatise the entire common
apartment in accordance with the procedures specified in this
Law.
[22 August 1996; 7 May 1998; 16
December 1999; 18 May 2006; 21 February 2008]
Section 21. Sequence for
Privatisation of an Unrented Apartment
(1) An unrented apartment shall be offered for privatisation
to the public in an open auction. At first the following natural
persons shall participate therein:
1) who rent residential space in denationalised houses or
houses returned to the lawful owners on the basis of a tenancy
contract of residential space, which has been entered into prior
to denationalisation or returning of such houses to the former
owners, and against which claims have been brought to the court
regarding termination of the tenancy contract of residential
space and the owners are not obliged to provide such persons with
an equal residential space in accordance with the provisions of
the Law On Residential Tenancy; and
2) who are to be evicted from a denationalised house or a
house returned to the lawful owner pursuant to a judgment of a
court, which has come into lawful effect, and the owner is not
obliged to provide such persons with an equal residential space
in accordance with the provisions of the Law On Residential
Tenancy.
(2) If any of the persons referred to in Paragraph one of this
Section has not applied to privatise an unrented apartment, the
following natural persons who have applied to an open auction
shall participate concurrently in the auction:
1) who rent residential space in a house, which has become
unfit for living due to a natural disaster or whose structure is
in a state of disrepair;
2) who rent residential space in a denationalised house or a
house returned to a lawful owner or a house, regarding which a
relevant decision regarding return to the lawful owner has been
taken or regarding which a decision regarding restoration of
ownership rights has been taken, or in a house, the former owner
of which or heirs thereof have submitted an application regarding
restoration of ownership rights in accordance with the Law On the
Denationalisation of Building Properties in the Republic of
Latvia and the Law On the Return of Building Properties to Lawful
Owners if a tenancy contract has been entered into prior to
denationalisation or return of such houses to former owners;
3) in whose family there are three or more minor children if
they rent an insufficiently large residential space and are
registered at the local government for receipt of aid for
resolving of apartment matters;
4) who rent residential space in a common apartment for more
than five years;
5) who rent residential space without facilities for more than
40 years; and
6) who are to be evicted from rented residential premises
pursuant to a judgment of a court, which has come into lawful
effect, without provision with another residential space.
(3) If any of the persons referred to in Paragraphs one and
two of this Section has not applied to privatise an unrented
apartment, the natural persons who have property compensation
certificates and who have applied to an open auction shall
participate in the auction.
(4) If any of the persons referred to in Paragraphs one, two
and three of this Section has not applied to privatise an
unrented apartment, the natural persons and legal persons -
owners of property compensation certificates of any type who have
applied to an open auction - shall participate in the
auction.
(5) A person who has privatised an unrented apartment in
accordance with the procedures specified in Paragraphs one and
two of this Section shall not alienate it three years after the
person has acquired the relevant apartment in an auction.
(6) In accordance with the procedures specified in this
Section the persons referred to in Paragraphs one and two of this
Section may privatise an unrented apartment only once.
(7) An owner of a plot of land on whose land a residential
house has been built has the rights to privatise one unrented
apartment, which exists in the house and is offered for
privatisation to the public, upon his or her choice in conformity
with the procedures specified in Section 38, Paragraphs two and
three of this Law. The privatisation commission shall send the
land owner a notification regarding privatisation of an unrented
apartment in an open auction, specifying the time period for the
submission of the privatisation application. The notification
shall be sent to the address, which is referred to in the
immovable property taxpayer register or which the land owner has
previously presented to the privatisation commission. In
privatising any other privatisation object provided for in this
Law, the owner of the plot of land shall have to observe the
sequence and the procedures of privatisation specified in this
Law. An assignee of the rights of the owner of the plot of land
does not have the rights referred to in this Law if the previous
owner of the plot of land has already used them.
(8) An unrented local government apartment or a single
dwelling shall be offered for privatisation in an open auction
for lats with a decision of the local government city council
(county, parish council) and an unrented State apartment or a
single dwelling - with a decision of the Construction, Energy and
Housing State Agency.
[7 April 2004; 24 February 2005; 21
February 2008]
Section 22. Sequence for
Privatisation of an Unrented Single Dwelling or an Unrented
Multi-apartment House
(1) An unrented single dwelling shall be at first offered for
privatisation to an owner of a plot of land - a natural person or
a legal person on whose land a residential house has been built.
If an unrented single dwelling is located on land of several
natural persons or legal persons and all the land owners or
several of them have submitted privatisation applications, they
may privatise the house as a joint property. If the land owners
do not agree to establishment of a joint property or do not agree
otherwise, the owner of the largest part of the plot of land has
the rights to privatise an unrented single dwelling. If land
owners agree to privatise the house as a joint property, they
shall enter into an agreement confirmed notarially or by a
privatisation commission. The procedures for utilisation of the
referred to single dwelling shall be provided for in the deed of
agreement. If an unrented single dwelling is concurrently located
on land of the State or local governments and a natural or a
legal person, the privatisation commission shall offer the house
for privatisation to the land owner - natural or legal
person.
(2) If an owner of a plot of land refuses to privatise the
single dwelling referred to in Paragraph one of this Section, it
shall be offered for privatisation to the public in an open
auction for lats.
(3) An unrented multi-apartment house shall be offered for
privatisation as one whole object. A decision regarding
privatisation of an unrented multi-apartment house as one whole
object shall be taken by a local government city council (county,
parish council) or the Construction, Energy and Housing State
Agency.
(4) An unrented multi-apartment house shall be offered for
privatisation as one whole object in conformity with the
procedures specified in Paragraph one of this Section. If an
owner of a plot of land refuses to privatise the referred to
multi-apartment house, the privatisation commission shall offer
it for privatisation to the public in an open auction for
lats.
(5) [24 February 2005]
(6) An owner of a plot of land shall privatise an unrented
single dwelling for certificates and an unrented multi-apartment
house - for lats.
[11 June 1997; 20 November 2003; 24
February 2005; 21 February 2008]
Section 23. Sequence for
Privatisation of an Artist's Workshop
An artist's workshop that is located in a multi-apartment
house, which is built on the land of a natural or a legal person,
shall be privatised in conformity with Section 17 of this
Law.
Section 24. Sequence for
Privatisation of Non-residential Premises
A leased and unleased non-residential premises (except
artist's workshop) that are located in a multi-apartment house,
which is built on land of a natural or a legal person, shall be
privatised in conformity with Section 18 of this Law.
Chapter VI
Evaluation of a Privatisation Object
Section 25. Sequence of Evaluation
of a Privatisation Object
At first unrented single dwellings and multi-apartment houses,
as well as multi-apartment houses with non-residential premises
shall be evaluated and offered for privatisation.
[7 May 1998]
Section 26. Institutions, which
Perform Evaluation of a Privatisation Object
(1) The privatisation commission shall organise and perform
preparation of the documents (inventory files of a residential
house, documents confirming land ownership rights, tenancy
contracts of the residential premises, accounting of tenancy and
lease payments etc.) necessary for privatisation of an apartment,
non-residential premises, artist's workshop, single dwelling or
undivided share thereof and multi-apartment house and evaluation
of a privatisation object in accordance with the procedures
specified by the Cabinet.
(2) The privatisation commission may invite experts for
specification of the value of privatisation object.
[16 December 1999]
Section 27. Specification of Value
and Initial Auction Price of a Privatisation Object
(1) The privatisation commission shall specify the value of a
privatisation object in accordance with Cabinet regulations.
(2) The value of the privatisation objects referred to in
Section 7 of this Law shall be formed by:
1) construction costs (costs of capital repairs, re-appraisal,
depreciation and infrastructure);
2) supplement or discount for the location of the residential
house;
3) supplement or discount for the layout of an apartment,
non-residential premises and artist's workshop in the relevant
residential house and other non-financial factors; and
4) cadastral value of the plot of land, on which the
residential house is built.
(3) The value of the privatisation objects referred to in
Section 8 of this Law shall be formed by:
1) construction costs (costs of capital repairs, re-appraisal,
depreciation and infrastructure);
2) supplement or discount for the location of residential
house; and
3) supplement or discount for the layout of an apartment,
non-residential premises and artist's workshop in the relevant
residential house and other non-financial factors.
(4) The initial auction price of an apartment and artist's
workshop (except non-residential premises) shall be equivalent to
the price of the relevant object, which has been specified in
conformity to the provisions of Paragraph two or three of this
Section. In case of repeated auction of the privatisation object
the privatisation commission is entitled to take a decision
regarding reduction of the initial auction price.
(5) In specifying the initial auction price of non-residential
premises (except artist's workshop), the value of one square
metre thereof shall not be less than double the average value of
one square metre in the relevant residential house. In case of
repeated auction of the privatisation object the privatisation
commission is entitled to take a decision regarding reduction of
the initial auction price.
(6) Payment for lease rights of a plot of land belonging to
the State or local government for 99 years shall be equivalent to
the purchase price of the same plot of land in buying it for
ownership.
[26 October 2000]
Section 28. Specification of the
Area of a Plot of Land to be Privatised or Transferred for
Lease
The area of a plot of land, which is to be privatised or
transferred for lease for 99 years and is necessary for the
functioning of a residential house, and boundaries thereof shall
be determined in accordance with the procedures specified in the
Law On the State and Local Government Land Ownership Rights and
Recording of Such Rights in Land Registers.
[7 May 1998]
Chapter VII
Notification Regarding Privatisation and Provision of Answer
Thereto
Section 29. Offer to Privatise a
Specific Privatisation Object
(1) Not later than within a time period of three months after
the taking of a decision regarding commencement of privatisation
of a residential house the privatisation commission shall offer
the following persons to purchase a privatisation object, sending
a notification regarding it:
1) to the tenant of a rented residential space or single
dwelling in offering him or her to privatise the apartment or
single dwelling rented by him or her (Section 13, Paragraph one,
Section 14, Paragraph two, Section 19, Paragraph one, Section 20,
Paragraph two);
2) to a lessee of a leased artist's workshop in offering him
or her to privatise the artist's workshop leased by him or her
(Section 17, Paragraph one, Section 23);
3) to the lessee of a leased non-residential premises in
offering him or her to privatise the non-residential premises
leased by him or her (Section 18, Paragraph one, Section 24);
4) to the land owner in offering him or her to privatise an
unrented single dwelling or multi-apartment house (Section 22,
Paragraphs one and four); or
5) to the joint owner of a single dwelling in offering him or
her to privatise a part of joint property of the single dwelling
belonging to State or local government.
(2) A privatisation notification, which has been received by a
tenant of an apartment or any of the adult family members of the
tenant, shall also be concurrently applicable to all members of
his or her family.
(3) If an unrented residential house is built on the land of
several land owners, a privatisation application shall be sent in
conformity to the provisions of Section 22, Paragraph one of this
Law.
(4) A privatisation notification shall be regarded as received
from the time when a tenant or any of adult members of his or her
family, a lessee of an artist's workshop or non-residential
premises or a land owner has confirmed by his or her signature
that he or she has received the notification. A person who has
received a notification regarding privatisation of an apartment
has a duty to introduce all family members with the notification
within a time period of one month from the day of receipt of the
privatisation notification.
[22 August 1996; 11 June 1997; 7
May 1998; 16 December 1999; 7 April 2004]
Section 30. Content of a
Privatisation Notification
The following shall be indicated in a privatisation
notification:
1) the given name and surname or the official title of a
tenant and his or her family members, a land owner, a joint owner
or a lessee of a single dwelling;
2) the privatisation object, address and area thereof;
3) the owner of the plot of land, on which a residential house
to be privatised has been built;
4) the value of the privatisation object;
5) the rights and duties of a tenant (his or her family
members), lessee, joint owner of a single dwelling or owner of a
plot of land in privatisation of the object;
6) the possible legal effects in case of refusal of
privatisation or in case if a person who has received a
notification regarding privatisation of an apartment has not
introduced the family members with the notification;
7) the time period, by which an answer to the privatisation
notification should be provided; and
8) the place where the privatisation application should be
submitted and information regarding the privatisation object
could be received.
[7 May 1998; 16 December 1999]
Section 31. Answer to a
Privatisation Notification
The persons referred to in Section 29, Paragraph one of this
Law shall answer to a privatisation notification by submitting a
privatisation application or a refusal to privatise the offered
privatisation object.
Section 32. Submission of a
Privatisation Application
(1) A person who wants to privatise the privatisation object
indicated in the notification shall submit a privatisation
application to the privatisation commission within a time period
of one month from the day of receipt of the privatisation
notification.
(2) A lessee of non-residential premises shall have to pay a
debt for the lease of non-residential premises and public utility
services where such debt exists within the time period specified
in Paragraph one of this Section. A lessee of non-residential
premises shall have to fulfil the obligations, which pursuant to
a lease contract should be fulfilled until the time of submission
of a privatisation application, as well as pay taxes within the
specified time period. In case of non-payment of the debt and
non-fulfilment of the contractual obligations the privatisation
application shall not be accepted.
(3) In cases specified in Section 13, Paragraphs two and four,
Section 14, Paragraphs three and five, Section 19, Paragraphs two
and four, Section 20, Paragraphs three and five and Section 22,
Paragraphs one and four of this Law an agreement confirmed
notarially or by a privatisation commission regarding which
person or persons will privatise the privatisation object offered
to them shall be submitted concurrently with a privatisation
application.
(4) In the case specified in Section 47 of this Law documents
proving that the house, which has been owned by a natural person,
has been alienated for the needs of the State and that
compensation for the alienated house has been granted to the
owner of the house and his or her family members shall be
submitted concurrently with a privatisation application.
[22 August 1996; 7 May 1998]
Section 33. Content of a
Privatisation Application
(1) The following shall be indicated in a privatisation
application:
1) given name, surname, personal identity number, address of
the place of residence of the natural person or name, address,
registration date, registration number of the legal person who
wants to privatise the offered object;
2) type of certificates belonging to the person and the
certificate account number;
3) address and area of the relevant privatisation object;
4) his or her status in relation to the privatisation
object;
5) information regarding payments for tenancy, lease and
public utility services; and
6) a resolution to undertake the liabilities of joint
administration and management of a multi-apartment house.
(2) A statement regarding settlement of payments for tenancy,
lease and public utility services or also debt of payments for
tenancy, lease and public utility services where such debt exists
shall be appended to the privatisation application.
[7 May 1998]
Section 34. Refusal to Privatise the
Offered Object
(1) A tenant and his or her family members, a lessee, a joint
owner of a single dwelling, or a land owner shall notify the
privatisation commission regarding refusal to privatise the
offered object in writing not later than within a time period of
one month from the day of receipt of a notification.
(2) Non-provision of an answer to a notification within the
period of time specified in Paragraph one of this Section shall
also be regarded a refusal to privatise the offered object.
(3) Refusal of a tenant and his or her family members to
privatise the offered object shall not withdraw the rights
thereof to submit a privatisation application afterwards, but not
later than until 31 August 2006; if a decision regarding
commencement of privatisation of a residential house has been
taken after 28 February 2006 - within a time period of six months
after the local government city council (county, parish council)
or the Construction, Energy and Housing State Agency has taken a
decision regarding commencement of privatisation of a residential
house.
[22 August 1996; 7 May 1998; 16
December 1999; 26 October 2000; 7 April 2004; 15 December 2005;
18 May 2006; 21 February 2008]
Section 34.1 Notification
Regarding Entering into a Purchase Contract
(1) The privatisation commission shall send a notification
regarding entering into a purchase contract to the person
(persons) who has acquired an apartment, artist's workshop or
non-residential premises into ownership until privatisation of a
residential house not later than within a time period of one
month after a decision regarding commencement of privatisation of
the residential house has been taken.
(2) The following shall be indicated in a notification
regarding entering into a purchase contract:
1) the given name and surname of the person or name of the
legal person who has acquired the apartment, artist's workshop or
non-residential premises into ownership until privatisation of
the residential house;
2) the privatisation object, address and area thereof;
3) the owner of the plot of land, on which the residential
house to be privatised has been built;
4) the time period, until which the purchase contract shall be
entered into, and the place where information regarding the
procedures for entering into the purchase contract may be
received; and
5) the consequences of not entering into the purchase contract
in the time period indicated in the notification.
(3) A notification regarding entering into a purchase contract
shall be regarded received from the day when a person who has
acquired an apartment, artist's workshop or non-residential
premises into ownership until privatisation of a residential
house has confirmed by his or her signature that he or she has
received the notification.
[11 June 1997]
Chapter VIII
Privatisation of an Object in Open Auction
Section 35. Time Period, in which
Privatisation of an Object in an Open Auction shall be
Commenced
(1) The privatisation commission shall offer the privatisation
objects referred to in Section 15, Paragraphs one and seven,
Section 16, Paragraph two, Section 17, Paragraph four, Section
18, Paragraph three, Section 21, Paragraph one, Section 22,
Paragraphs two and four, Sections 23 and 24 for privatisation to
the public in an open auction in conformity with the sequence
determined by this Law not later than within a time period of one
month after evaluation of the objects.
(2) Not later than within a time period of one month after the
person referred to in Section 29, Paragraph one, Clauses 3 and 4
of this Law has refused to privatise the object offered thereto,
the privatisation commission shall offer the object for
privatisation to the public in an open auction in conformity with
the sequence determined by this Law.
[22 August 1996; 7 April 2004; 24
February 2005]
Section 36. Public Offer to
Privatise an Object in an Open Auction
(1) Any offer to privatise an object in an open auction shall
be public, which means that such offer shall be placed in a
visible place at the building of the local government city
council (county, parish council) and the building of the
privatisation commission, as well as published in the newspaper
"Latvijas Vēstnesis" [the official Gazette of the
Government of Latvia].
(2) Preparation of public offers for publication and the
publication thereof in the newspaper "Latvijas Vēstnesis"
shall be financed in accordance with the procedures specified by
the Cabinet.
[22 August 1996]
Section 37. Content of a Public
Offer
(1) The following shall be indicated in a public offer to
privatise an object:
1) the privatisation object, address, area, year thereof;
2) [5 July 2001];
3) [5 July 2001];
4) initial price of the privatisation object;
5) the time period, by which the person who wants to privatise
the object in an open auction shall submit the privatisation
application;
6) [5 July 2001];
7) the place where the privatisation notification should be
submitted and information regarding the privatisation object
could be received; and
8) the place and time of the auction of the privatisation
object.
(2) The privatisation commission shall indicate the range of
the persons who have the right to purchase the privatisation
objects referred to in Section 15, 16, 17, 18, 21, 22, 23 or 24
of this Law and who have the first right to participate in an
auction in the provisions of the auction of the objects.
(3) In the case referred to in Section 21, Paragraph seven of
this Law the owner of a plot of land and the time period, by
which the owner of the land has to submit a privatisation
application, shall be indicated in the public offer. Other
persons may submit a privatisation application if the owner of
the land has not submitted the privatisation application in the
specified period of time.
[5 July 2001; 7 April 2004]
Section 38. Submission of a
Privatisation Application
(1) A person who wants to purchase the offered privatisation
object in an open auction shall submit an application regarding
participation in the auction to the privatisation commission
within a time period of one month after the day of publication of
the public offer. The information specified in Section 33 of this
Law shall be indicated in the application.
(2) A land owner who using the rights specified in Section 21,
Paragraph seven of this Law wants to purchase the privatisation
object indicated in the public offer shall submit an application
to the privatisation commission within a time period of two weeks
after the day of publication of the offer. The information
specified in Section 33 of this Law shall be indicated in the
application.
(3) If a land owner has applied within the time period
specified in Paragraph two of this Section, the privatisation
commission shall enter into a purchase contract with him of her
in accordance with the procedures specified in Section 41 of this
Law. In such case the auction shall not be organised even in the
case if other applicants have also applied for participation in
the auction.
(4) If only one applicant has applied within the time period
specified in Section 37, Paragraph one, Clause 5 of this Law, the
privatisation commission shall enter into a purchase contract
with him of her in accordance with the procedures specified in
Section 41 of this Law.
(5) If several applicants have applied within the time period
specified in Section 37, Paragraph one, Clause 5 of this Law who
have equal rights to purchase the privatisation object, an open
auction shall be organised.
(6) If no applicant has applied for participation in an open
auction within the time period specified in Section 37, Paragraph
one, Clause 5 of this Law, the privatisation commission shall
extend the time period for application by applicants or shall
notify the public regarding repeated sale of the privatisation
object in an auction by changing the initial price thereof.
(7) [26 October 2000]
(8) If several land owners on whose land a residential house
is located have applied in using the rights specified in Section
21, Paragraph seven of this Law, an auction among them shall be
organised.
[22 August 1996; 26 October 2000; 7
April 2004; 24 February 2005]
Section 39. Legal Regulation of the
Organisation of an Auction of a Privatisation Object
The privatisation commission shall organise an auction in
accordance with this Law and Cabinet regulations.
Chapter IX
Purchase Contract
Section 40. Decision Regarding
Entering into a Purchase Contract
(1) The privatisation commission shall take a decision
regarding entering into a purchase contract with the person
referred to in Section 29, Paragraph one of this Law not later
than within a time period of one month from the day when a
privatisation application submitted by the person has been
received.
(2) In the case referred to in Section 38, Paragraphs three
and four of this Law the privatisation commission shall take a
decision regarding entering into a purchase contract with the
person not later than within a time period of one month from the
day when a privatisation application of the relevant person has
been received.
(3) If a privatisation object offered to the public is being
purchased in an open auction, the privatisation commission shall
take a decision regarding approval of the results of the auction
and entering into a purchase contract with the person who has the
winning bid for the relevant privatisation object not later than
within a time period of one month from the day of the
auction.
[11 June 1997]
Section 41. Entering into a Purchase
Contract
(1) The privatisation commission, on the basis of a decision
taken by it and a document confirming the payment (first deposit)
made by a purchaser for the privatised object, shall enter into a
purchase contract of the relevant object with the persons
referred to in Section 40 of this Law.
(2) The privatisation commission shall enter into a purchase
contract with a person who has acquired an apartment, artist's
workshop or non-residential premises into ownership until
privatisation of the residential house on the basis of a
certificate regarding ownership rights of the apartment, artist's
workshop or non-residential premises until privatisation of the
residential house or a statement of the State Land Service.
Concurrently a statement regarding payment of the house
management expenditure and public utility services or also a
statement regarding a debt of management expenditure and payments
for public utility services where such debt exists shall be
submitted to the privatisation commission.
(3) A purchase contract shall be entered into in writing in
conformity with the provisions of Section 1477-1484 of the Civil
Law.
(4) Upon entering into a purchase contract with a person who
has a debt of rental, lease, house management expenditure or
payments for public utility services at the time of entering into
the purchase contract, a pledge right to the privatised object
shall be concurrently registered in favour of the State or local
government according to the amount of the sum of the debts at the
time of entering into the purchase contract.
(5) A purchase contract and a pledge contract with a person
who makes payments in accordance with Section 46 of this Law
shall be entered into within a time period of one month from the
day when a purchaser has made the first deposit and the
privatisation commission has reached an agreement with the
purchaser regarding the time periods of future payments.
(6) If a purchaser has not entered into a purchase contract
and a pledge contract in accordance with the procedures specified
in Paragraph five of this Section, as well as has not done it
within a time period of one month from the day of sending a
warning or has not notified regarding reasons, which hinder the
entering into the contact, the privatisation commission may
cancel a decision regarding entering in a purchase contract in
notifying the purchaser about it. The payments made shall be
reimbursed to the purchaser in accordance with the procedures and
amount specified by the Cabinet.
[11 June 1997; 7 May 1998; 5 July
2001; 27 June 2002]
Section 42. Content of a Purchase
Contract
(1) The Cabinet shall develop a standard purchase
contract.
(2) The following shall be mandatorily indicated in a purchase
contract:
1) the name, address of the privatised object;
2) a precise description of the privatised object;
3) the purchase price;
4) the means, time period and procedures for payment;
5) the procedures, by which the privatised object is
transferred to the purchaser;
6) liabilities to be assumed and additional liabilities of the
purchaser;
7) the conditions of the land use rights;
8) the limitations of the property; and
9) the liability regarding breach of contractual
obligations.
(3) Upon entering into a purchase contract with a person who
has acquired an apartment, artist's workshop or non-residential
premises into ownership until privatisation of the residential
house, the purchase price shall be the price for the transfer of
the apartment, artist's workshop or non-residential premises into
ownership until privatisation of the residential house indicated
in a decision of the privatisation commission in accordance with
the procedures specified in Section 73.5 or 73.6 of this Law.
[28 November 1996]
Section 43. Specification of the
Purchase Price
(1) In accordance with Section 27 of this Law the
privatisation commission shall specify the purchase price in
conformity with the provisions of Paragraph four of this Section,
except in cases where the privatised object has been acquired in
an open auction.
(2) The purchase price of an object acquired at an auction
shall be the highest price bid.
(3) A purchase price shall be specified in lats and
accordingly in privatisation certificates pursuant to the nominal
value thereof.
(4) In specifying a purchase price, the privatisation
commission shall take into account the following conditions:
1) if a person privatises an apartment in a residential house,
in building or capital repairs of which he or she has invested
resources or work and may prove it documentarily, the relevant
investment shall be included in the purchase price;
2) if a person has purchased rental rights of an apartment
from a local government after 1 September 1992 according to a
local government decision, payment for the rental rights of the
apartment shall be included in the purchase price; and
3) if a lessee of an artist's workshop or non-residential
premises privatises the leased space, expenditure related to
improvement of the object shall be included in the purchase price
if the expenditure have been performed with a written consent of
the lessor. The lessee of the artist's workshop or
non-residential premises shall submit an application regarding
calculation of the expenditure referred to in this Section to the
privatisation commission not later than within a time period of
one month from the day when a privatisation notification has been
received or concurrently with an application regarding transfer
of the artist's workshop or non-residential premises into
ownership until privatisation of the residential house.
(5) Family members of the persons referred to in Paragraph
four, Clauses 1 and 2 of this Section who have assumed the
liabilities of an entered into tenancy contract of residential
space also have the right to reduction of the purchase price.
[28 November 1996; 11 June 1997; 7
May 1998; 26 October 2000]
Section 44. Reimbursement of a
Lessee's Expenditure
(1) An acquirer of an object privatised at an auction in the
cases specified in Section 17, Paragraph four, Section 18,
Paragraphs three and four, Sections 23 and 24 of this Law shall
reimburse the expenditure related to the maintenance and
improvement of the object to the present lessee in accordance
with the provisions of Sections 866-868 of the Civil Law.
(2) The privatisation commission shall determine the amount of
the lessee's expenditure related to the maintenance and
improvement of the object referred to in Paragraph one of this
Section until the auction upon the request of the lessee. The
acquirer of the privatised object shall pay the referred to sum
in money in addition to the price bid in the auction and it shall
be disbursed to the present lessee.
[22 August 1996]
Section 45. Time Periods of
Payment
(1) A privatisation object shall be redeemed by paying in
property compensation certificates or other types of
privatisation certificates and in conformity with the provisions
of this Law. A purchaser has the rights to redeem the
privatisation object also by paying in lats.
(2) The payment procedures shall be determined by the
Cabinet.
(3) A purchaser shall make payments for the privatised object
regardless of the means of payment to the Latvian Mortgage and
Land Bank on the basis of a decision taken by the privatisation
commission.
(4) A purchaser shall settle the payment for the privatised
object within a time period of one month from the day when the
privatisation commission has taken a decision regarding entering
into a purchase contract, except the case specified in Paragraph
five of this Section.
(5) A natural person, in privatising an apartment, a single
dwelling or undivided share thereof, or a multi-apartment house
or an artist's workshop, as well as a natural or legal person, in
privatising non-residential premises, regarding utilisation which
he or she has entered into a lease contract, may pay the purchase
price in parts in conformity to the provisions of Section 46 of
this Law.
(6) A purchaser shall settle the payment for a privatisation
object, which has been offered for privatisation in an open
auction to persons who have property compensation certificates in
paying only in property compensation certificates, except the
case specified in Paragraph seven of this Section.
(7) In making payment for non-residential premises or an
artist's workshop, a purchaser shall settle 50 per cent of the
purchase price in lats and 50 per cent - in privatisation
certificates. If non-residential premises have been offered for
privatisation in an open auction to persons who have property
compensation certificates, a purchaser shall settle 50 per cent
of the purchase price in lats and 50 per cent - in property
compensation certificates.
(8) If payment or first deposit for a privatisation object is
not made within the time periods specified in Paragraph four of
this Section or Section 46, Paragraph two, as well as within a
period of one month from the day of the sending of a warning
notice, the privatisation commission shall revoke the decision
regarding the entering into of the purchase contract.
(9) After the privatisation commission has revoked the
decision regarding the entering into of the purchase contract in
the cases referred to in Paragraph eight of this Section, the
non-residential premises or artist's workshop to be privatised
shall be offered for privatisation by public auction. The
decision regarding the offering of the relevant non-residential
premises or artist's workshop for privatisation by public auction
shall be taken after the end of the time period for disputing or
appealing the decision taken by the privatisation commission
referred to in Paragraph eight of this Section or the legal
dispute regarding the decision has been terminated.
[22 August 1996; 11 June 1997; 16
December 1999; 27 June 2002; 24 February 2005; 21 February
2008]
Section 46. Hire Purchase
(1) A purchaser may pay the purchase price by making regular
payments within a time period of 5 years from the day of entering
into a purchase contract.
(2) A purchaser shall make the first payment - not less than
30 per cent from the purchase price - within a time period of one
month from the day when the privatisation commission has taken a
decision regarding entering into a purchase contract.
(3) For the provision of the purchase price pledge rights
shall be granted in favour of the State or local government to
the privatised objects in accordance with this Law. In
registering ownership rights on the basis of a contract, pledge
rights in favour of the State or local government shall be
concurrently registered in the amount of the unpaid sum.
[22 August 1996; 11 June 1997; 16
December 1999; 26 October 2000]
Section 47. Transfer of an Apartment
or Single Dwelling into Ownership Free of Charge
(1) If a house, which has been the personal property of a
natural person, has been torn down due to alienation of a plot of
land for State or local government needs and an apartment
(apartments) from the State or public apartment fund has been
granted to the referred to natural person and his or her family
members who have permanently resided together in the torn down
house as a compensation for the alienated property, the apartment
(apartments) rented in a State or local government residential
house or the single dwelling rented at the time of coming into
force of this Law shall be transferred into ownership of the
referred to person (persons) free of charge.
(2) Family members of the persons referred to in Paragraph one
of this Section who have assumed the liabilities of the entered
into tenancy contract of residential space also have the right to
acquire an apartment or a single dwelling into ownership free of
charge.
(3) If the referred to person has submitted a privatisation
application in accordance with the procedures specified in
Section 32 of this Law, the privatisation commission shall enter
into a written agreement with the person regarding transfer of an
apartment or a single dwelling into ownership free of charge on
the basis of a decision taken by the privatisation commission
within a time period of two months from the day when the
privatisation application has been received.
(4) The following shall be compulsorily indicated in an
agreement deed:
1) the name and address of the privatised object;
2) a precise description of the privatised object;
3) liabilities to be assumed and additional liabilities of the
acquirer of the privatised object;
4) the conditions of the land use rights;
5) limitations of the property; and
6) liability regarding breach of contractual obligations.
(5) If a house, which has been the personal property of a
natural person, has been torn down due to alienation of a plot of
land for the State or public needs and an apartment (apartments)
from the State or public apartment fund, which at the time of
coming into effect of this Law is (are) located in a house that
has been denationalised or returned to former owners (or heirs
thereof) or regarding return of which an application has been
submitted, has been granted to the referred to natural person and
his or her family members who have permanently resided together
in the torn down house as a compensation for the alienated
property, the referred to person (persons) has (have) the rights
to receive a local government apartment into ownership free of
charge in accordance with the procedures specified by the
Cabinet.
(6) If a natural person to whom land ownership rights have
been restored has alienated a plot of land belonging to him or
her from a local government free of charge and an apartment in a
residential house of the relevant local government has been
rented to the person, the apartment shall be transferred into
ownership of the referred to natural person free of charge in
accordance with the procedures specified by the relevant local
government.
[22 August 1996; 28 November 1996;
11 June 1997; 7 May 1998]
Chapter X
Registration of Ownership Rights
Section 48. Registration of
Ownership Rights of a Privatised Object
(1) Only such person shall be recognised the owner of a
privatised object who has been recorded as such in the Land
Register. The privatised object shall be registered and the
ownership rights shall be recorded in the Land Register in
accordance with the procedures specified in the Land Register Law
and the Law On Recording of Immovable Property in the Land
Registers.
(2) Upon recording ownership rights to an apartment, the
undivided share of a joint property shall be indicated
concurrently.
(3) Upon recording ownership rights to privatised
non-residential premises and artist's workshops, the procedures
for recording of ownership rights of privatised apartments shall
be applied.
(4) Ownership rights shall be recorded on the basis of the
entered into purchase contract, except the case referred to in
Section 49 of this Law. Encumbrances, debts and corroboration of
rights recorded in the purchase contract shall be recorded in the
Land Register as notes.
(5) If during privatisation of a residential house
inaccuracies in the privatisation documents are detected in
comparison with the records made in the Land Register, the
privatisation commission of residential houses shall take a
decision regarding specification of entries regarding the
undivided share of a joint property or other entries made in the
Land Register until the transfer of the privatised residential
house in the administration of apartment owners on the basis of a
statement of an immovable property evaluation service.
[ 11 June 1997; 16 December
1999]
Section 49. Recording of Ownership
Rights to Apartments or Single Dwellings Transferred into
Ownership Free of Charge
If in accordance with Section 47 of this Law an agreement
regarding transfer of an apartment or a single dwelling into
ownership free of charge has been entered into, the ownership
rights shall be recorded on the basis of a respective
agreement.
Chapter XI
Administration of a Privatised Residential House
[26 October
2000]
Section 50. Duties of the Owner of a
Privatised Object
(1) An owner of a privatised object (hereinafter - also
apartment owner) has a duty:
1) to observe the conditions of the purchase contract or
agreement;
2) to participate in the joint administration and management
of the multi-apartment house by joining with the other owners of
the house in a society of apartment owners or by entering into a
contract regarding administration and management of a joint
property in conformity with the regulatory enactments in
force;
3) to enter into a land lease contract or to authorise the
administrator and the manager of the residential house to enter
into a land lease contract with the owner - natural person or
legal person - of the plot of land, on which the privatised
object is located; and
4) to observe the lease or tenancy contracts entered into by
the present possessor of the privatised object and the time
periods thereof, except in the cases provided for by law.
(2) The provision of the necessary services for the
maintenance of the privatised object and accounts regarding them
shall occur in accordance with the relevant service contract. The
service contract shall entered into by the owner of the
privatised object or his or her authorised administrator and the
manager of the residential house and the service provider
according to the procedures specified in the regulatory
enactments regulating the relevant service. The relevant service
provision regulations shall be the same for all the owners the
privatised objects in the residential house.
(3) Until the moment when a society of apartment owners or a
person authorised by a mutual contract of apartment owners
assumes the administration rights of a residential house with a
delivery-acceptance deed, the apartment owners according to the
procedures specified by law in agreement amongst themselves shall
determine:
1) the procedures for the administration and management of the
residential house and the payments for this; and
2) how the payment share of each apartment owner shall be
specified, as well as the procedures for the provision of
necessary services for the maintenance of the existing joint
property share belonging to him or her.
(4) If the apartment owners have not agreed regarding that
referred to in Paragraph three, Clause 1 of this Section, the
procedures by which an administrator shall calculate the payment
for the administration and management of the residential house,
draw up an estimate of the work for the maintenance and
management of the residential house, notify the apartment owners
regarding the amount of payment for a specific time period,
inform the apartment owners regarding the specified time periods
for payment provided in the estimates, as well as prepare for the
apartment owners an annual accounting regarding the utilisation
of the relevant payments, shall be determined by the Cabinet.
(5) If the apartment owners have not agreed regarding that
referred to in Paragraph three, Clause 2 of this Section, the
criteria for the payment procedures for the heating, water
supply, sewerage, garbage collection, household waste management
and lift services necessary for the maintenance of the
residential house in the cases when the services are provided
through the intermediation of the administrator, on the basis of
which the payment share for the received services is specified
for each apartment owner, as well as the procedures by which
apartment owners shall be informed regarding the conditions of
the relevant contract, shall be determined by the Cabinet.
(6) The provisions of Paragraphs one, two, three, four and
five of this Section shall also apply to the State and local
governments if they are apartment owners.
(7) A possessor of a State residential house or a local
government has a duty to administer and manage the residential
house until transfer of the administration rights of the
residential house to a society of apartment owners or a person
authorised by a mutual contract of apartment owners.
[7 April 2004; 21 February
2008]
Section 51. Procedures, by which
Administration Rights of Residential House are Transferred to the
Society of Apartment Owners or Person Authorised by the Mutual
Contract of Apartment Owners
(1) In order to establish a society of apartment owners or to
enter into a mutual contract regarding administration and
management of the joint property part of a residential house in
accordance with the procedures specified in the Civil Law, a
general meeting of apartment owners of the residential house
shall be convened not later than within a time period of six
months from the time when a decision regarding the commencement
of privatisation of the relevant residential house has been
taken.
(2) A general meeting of apartment owners in a multi-apartment
house to be privatised and belonging to the State shall be
convened by the possessor of the residential house, but in a
multi-apartment house to be privatised and belonging to a local
government - by the local government if regardless of the coming
into existence of the conditions referred to in Paragraph one of
this Section such society has not been established or a contract
has not been entered into until the referred to time. A general
meeting of apartment owners of the multi-apartment house may also
be convened by one or several apartment owners of the
multi-apartment house. All apartment owners of the
multi-apartment house shall be invited to the general meeting of
apartment owners. An invitation to the general meeting shall be
issued to the apartment owner or his or her family members in
return for a signature.
(3) A local government or a possessor of a State residential
house shall transfer the administration rights of the residential
house to a society of apartment owners or a person authorised by
the mutual contract of apartment owners in conformity with the
conditions of Paragraph five of this Section if not less than
half of all privatisation objects existing in the house are
privatised in the residential house.
(4) If less than a half of all privatisation objects existing
in the house are privatised in a residential house, a local
government or a possessor of State residential house may transfer
the administration rights of the residential house to a society
of apartment owners or a person authorised by the mutual contract
of apartment owners in conformity with the conditions of
Paragraph five of this Section.
(5) Administration rights of a residential house shall be
transferred if a society of apartment owners or a person
authorised by the mutual contract of apartment owners has
submitted an application regarding taking over of the residential
house and the following conditions are observed:
1) the society of apartment owners has been established or the
mutual contract of apartment owners has been entered into in
accordance with the procedures specified in this Law and other
laws;
2) a protocol of the general meeting of apartment owners of
the residential house regarding transfer of the administration
and management duties of the joint property part of the
residential house to the relevant society of apartment owners or
the person authorised by the mutual contract of apartment owners,
statutes of the society of apartment owners and a certificate
regarding registration in the Enterprise Register or a mutual
contract of apartment owners has been submitted;
3) all participants of the society of apartment owners or
apartment owners who have entered into a mutual contract have
entered into the purchase contract provided for in Section 41 of
this Law with the privatisation commission; and
4) participants of the society of apartment owners represent
more than a half of the number of privatisation objects existing
in the residential house or also apartment owners who have
entered into a mutual contract and who represent not less than
three quarters of the number of privatisation objects existing in
the residential house. This provision shall not apply to the case
referred to in Paragraph four of this Section.
(6) A local government or a possessor of a State residential
house shall transfer the administration rights of the residential
house to a society of apartment owners or a person authorised by
the mutual contract of apartment owners within a time period of
not more than two months from the day when all the conditions
referred to in Paragraph five of this Section have been
fulfilled. Administration rights of a residential house shall be
transferred by signing a delivery-acceptance deed of the
residential house.
(7) If less than a half of all privatisation objects existing
in a residential house are privatised in the house, but not all
the conditions of Paragraph five of this Section have been
fulfilled, a local government or a possessor of the State
residential house, in taking a respective decision, may transfer
the administration rights of the residential house to a society
of apartment owners or a person authorised by the mutual contract
of apartment owners.
(8) If all privatisation objects existing in a residential
house have not been privatised at the time of the transfer of
administration rights of the house, a local government or a
possessor of the State residential house shall reach an agreement
with a society of apartment owners or a person authorised by the
mutual contract of apartment owners regarding subsequent
administration and management procedures.
[27 June 2002]
Section 52. Actions Involving a
Privatised Object
Actions involving a privatised object, restrictions of
utilisation thereof, as well as the administration and management
procedures shall be regulated by other laws and Cabinet
regulations.
Section 53. Rights of Use and
Redemption of a Plot of Land Owned by the State or Local
Government
(1) An owner of a privatised apartment, non-residential
premises, artist's workshop, single dwelling or multi-apartment
house shall acquire the lease rights of a plot of land, which
belongs to the State or local government and on which a
residential house has been built, for 99 years in accordance with
Section 7, Paragraphs one and three of this Law.
(2) Land lease rights acquired for 99 years may be sold,
changed or otherwise alienated if a privatised apartment,
non-residential premises, artist's workshop, single dwelling or
multi-apartment house is being sold, changed or otherwise
alienated without application of the conditions of Section 2115
of the Civil Law.
(3) If a residential house is torn down, a lessee of a plot of
land who has acquired the land in lease for 99 years shall
continue to have the lease rights and the rights specified in
Paragraph two of this Section.
(4) A person who has acquired lease rights of a plot of land
for 99 years in the result of privatisation shall acquire the
leased plot of land into ownership without additional payment if
the conditions provided for in this Law and other laws for
obtaining land into ownership have been fulfilled, by submitting
a request of corroboration to a Land Register office.
(5) A land lease contract shall be entered into regarding the
use of a plot of land transferred for rent for 99 years in
complying with the conditions of this Section. Lease payment in
accordance with this contract may not exceed the amount of land
tax.
Section 54. Rights and Duties of the
Owner of a Plot of Land
(1) An owner of a plot of land has a duty to enter into a land
lease contract with an owner of the privatised object.
(2) Lease payment of a plot of land for an owner of the
privatised apartment and artist's workshop shall not exceed five
per cent per year from the cadastral value of land. In other
cases the lease payment of a plot of land shall be determined
upon agreement of the owner of the privatised object and the
owner of the plot of land.
(3) If an owner of a plot of land sells the plot of land, on
which a privatisation object is located, an owner (owners) of the
privatised object shall have pre-emptive rights thereto.
(4) If in accordance with the requirements of Section 50,
Paragraph one, Clause 3 of this Law land lease contracts with an
owner of a plot of land have not been entered into, the owner of
the plot of land has the rights to direct a claim to the court
regarding entering into a land lease contract against the person
to whom the administration and management rights of the
respective residential house have been transferred.
[18 May 2005]
Chapter XII
Social Guarantees of a Tenant and Lessee in Privatised
Objects
Section 55. Protection of the Rights
of Apartment Tenants
(1) The change of an owner of an apartment or a residential
house may not be the grounds for eviction of a tenant and his or
her family members from the apartment.
(2) A person who in accordance with Section 13, Paragraph
four, Section 14, Paragraph five, Section 19, Paragraph four and
Section 20, Paragraph five has privatised an apartment rented by
a tenant may evict the tenant and his or her family members from
the rented apartment only in such case if the eviction is
provided for in an agreement previously entered into by the
person who has privatised the apartment and the tenant and his or
her family members.
Section 56. Protection of the Rights
of Tenants of Non-residential Premises and Artist's Workshops
An owner of privatised non-residential premises or an artist's
workshop may not request termination of a tenancy contract
entered into by the present lessor within a time period of three
years after recording of the privatised property in the Land
Register if the lessee duly fulfils his or her liabilities.
Chapter XIII
Supervision of the Privatisation Commission and
Privatisation
Section 57. Privatisation
Commissions
(1) Privatisation commissions shall be privatisation
commissions of city residential houses, privatisation commissions
of parish residential houses and the Construction, Energy and
Housing State Agency.
(2) Operation of the privatisation commissions of city and
parish residential houses shall be regulated by this Law and the
by-laws approved by the respective local government city council
(county, parish council), which has been developed in accordance
with the standard by-laws approved by the Cabinet.
[11 June 1997; 20 November 2003; 21
February 2008]
Section 58. Construction, Energy and Housing State
Agency
[21 February 2008]
The Construction, Energy and Housing State Agency shall
perform supervision of the privatisation of residential houses,
privatisation of State residential houses, as well as the other
functions specified in regulatory enactments.
[20 November 2003; 21 February
2008]
Section 59. Competence of the
Construction, Energy and Housing State Agency
(1) The Construction, Energy and Housing State Agency has a
duty:
1) to supervise the operation of the privatisation commissions
of city and parish residential houses;
2) [20 November 2003];
3) to develop drafts of regulatory enactments necessary for
ensuring of privatisation;
4) to provide free of charge consultations;
5) to provide a report regarding the process of privatisation
to the Cabinet not less than once in a half year;
6) to transfer apartments, artist's workshops and
non-residential premises existing in State multi-apartment houses
into ownership until privatisation of the residential house;
7) to develop drafts of regulatory enactments regarding the
transfer of State residential houses to local governments and
regarding the preservation of residential houses in ownership of
the State;
8) to coordinate transfer of State residential houses to local
governments;
9) to perform privatisation of the State residential
houses;
10) to transfer non-privatised apartments, artist's workshops,
non-residential premises existing in State residential houses and
non-privatised State residential houses to local governments;
11) to maintain, update and improve the electronic data base
of privatisation of residential houses in ensuring free of charge
co-operation with the information systems (registers) of other
State and local government institutions, and on the basis thereof
to establish, maintain and develop an information system and a
data base for observation, analysis, forecasting and control of
the situation in the field of housing (a housing monitoring
system) in accordance with the procedures specified by the
Cabinet;
12) to summarise and maintain information regarding the
transfer of State and local government residential houses into
the administration and management of apartment owners;
13) to perform supervision of the administration and
management of the parts in residential houses belonging to the
State;
14) to administer the residential houses in possession thereof
until the transfer of the houses in the administration and
management of apartments owners in conformity with the provisions
of the Civil Law and other laws; and
15) to develop and to co-ordinate in accordance with the
procedures specified in laws samples of educational programmes
for the administrators of houses in the field of administration
and management of houses.
(2) The Construction, Energy and Housing State Agency has the
right:
1) [20 November 2003];
2) [20 November 2003];
3) to issue methodological instructions regarding work
organisation of the privatisation commissions of residential
houses to the privatisation commissions of city and parish
residential houses;
4) to request and receive information related to privatisation
from the privatisation commissions of city and parish residential
houses, as well State and local government institutions, capital
companies;
5) to perform other functions provided for in this Law or
Cabinet regulations;
6) to participate in organisation of the maintenance and
management of privatised residential houses, as well as to
organise the training of owners of privatised apartments and
managers thereof regarding issues related to the management of
residential houses;
7) to privatise residential houses of the respective local
governments with an authorisation of the city and county council,
county, parish council or district council;
8) to provide paid services within the competence thereof;
and
9) to request and receive free of charge information from
other State information systems, which is necessary for the
maintenance and updating of the electronic data base of the
privatisation of residential houses.
[28 November 1996; 11 June 1997; 16
December 1999; 26 October 2000; 27 June 2002; 20 November 2003; 7
April 2004; 18 May 2006; Cabinet Regulation No. 35 of 8 January
2007; 19 April 2007; 21 February 2008]
Section 60. Privatisation
Commissions of City Residential Houses and Privatisation
Commissions of Parish Residential Houses
(1) The city council shall establish a privatisation
commission of city residential houses consisting of five members
and shall appoint the chairperson thereof.
(2) The county, parish council shall establish a privatisation
commission of parish residential houses consisting of five
members and shall appoint the chairperson thereof.
(3) [20 November 2003]
(4) The privatisation commission of city residential houses
and the privatisation commission of parish residential houses
shall organise privatisation of the State and local government
residential houses that are in the administrative territory of
the relevant city and the relevant parish.
(5) Activities of a privatisation commission of city
residential houses and a privatisation commission of parish
residential houses shall be financed from the budget of the
respective local government, resources of the State property
privatisation fund and resources of the local government property
privatisation fund.
[7 May 1998]
Section 61. Functions of
Privatisation Commissions of City and Parish Residential
Houses
(1) Privatisation commissions of city and parish residential
houses shall independently, as well as with the assistance of
invited experts organise the privatisation of objects in
accordance with this Law and other regulatory enactments
regulating the procedures for the privatisation of such
objects.
(2) Privatisation commissions of city and parish residential
houses shall take decisions and act independently insofar as
activities thereof are not regulated by this Law or other
regulatory enactments.
(3) Privatisation commissions of city and parish residential
houses shall once a quarter submit a report to the Construction,
Energy and Housing State Agency regarding the process of
privatisation.
[20 November 2003; 21 February
2008]
Section 62. Distribution of Duties
among the Members of Privatisation Commissions of City and Parish
Residential Houses
(1) Privatisation commissions of city and parish residential
houses shall perform their activities collegially, they are
entitled to take decisions if at least half of the members of the
commission participate in a meeting.
(2) Privatisation commissions of city and parish residential
houses shall take decisions by a majority of members of the
commission by open vote. If alternative decisions receive an
equal number of votes, a decision of the commission shall be
taken in such edition, regarding which the chairperson of the
commission has voted, but in his or her absence - the
vice-chairperson of the commission.
(3) Meetings of the privatisation commissions of city and
parish residential houses shall be recorded in minutes. If
disagreements regarding the content of a decision of the
commission or the procedures for execution thereof arise, the
decision shall be valid in such formulation, in which it has been
recorded in the minutes of the meeting. A member of the
commission who does not agree with the decision of the commission
has the right to append his or her individual opinion to the
minutes in writing.
(4) Privatisation commissions of city and parish residential
houses shall determine independently the functions of the members
of commissions and distribution of duties thereof within the
competence thereof.
[20 November 2003]
Section 63. Rights of the
Chairperson of a Privatisation Commission of City or Parish
Residential Houses
(1) A chairperson of a privatisation commission of city and
parish residential houses and in his or her absence -
vice-chairperson of a commission is entitled to suspend execution
of a decision by an independently taken decision, notifying
members of the commission and direct executors of the respective
decision without delay if he or she may justify that the
respective decision of the commission is illegal.
(2) If a privatisation commission of city and parish
residential houses, which has re-examined the respective decision
according to substance within a time period of one week after
suspension thereof, recognises that the decision of the
chairperson of the commission to suspend the decision of the
commission is illegal, it shall take a repeated final decision of
the commission.
[20 November 2003]
Section 64. Supervision of a Local
Government over the Activities of the Privatisation Commission of
Residential Houses
(1) A local government has the right to control and supervise
the lawfulness of the activities of the privatisation commission
of residential houses and the chairperson of the commission
appointed by it.
(2) A local government city council (county, parish council)
has the right:
1) to repeal or amend illegal decisions of the privatisation
commission of residential houses or to suspend illegal activities
of the commission; and
2) to remove the privatisation commission of residential
houses or the chairperson thereof if laws or Cabinet regulations
are not complied with repeatedly or are violated.
(3) [20 November 2003]
[7 May 1998; 20 November 2003]
Section 65. Legal Regulation of the
Activities of the Privatisation Commissions of Residential
Houses
Other provisions of the activities of the privatisation
commissions of city and parish residential houses shall be
regulated by Cabinet regulations.
Chapter XIV
Resources Obtained as a Result of Privatisation
Section 66. Payment for Technical
Execution of Privatisation of Residential House and Taxes
(Fees)
(1) All persons shall settle payments for the technical
execution of privatisation of a residential house, as well as for
services related to privatisation of the residential house in
accordance with the procedures and amounts specified by the
Cabinet. Persons who have acquired an apartment, artist's
workshop or non-residential premises into ownership until
privatisation of the residential house shall be released from
payment for the technical execution of privatisation, as well as
for the services related to privatisation of the residential
house.
(2) Natural persons shall settle payments for the technical
execution of privatisation of a residential house, as well as for
services related to privatisation of the residential house in
privatisation certificates and legal persons - in lats.
(3) Transactions (contracts, agreements), which are entered
into by and between the privatisation commission and purchasers
of privatisation objects, payments, which are related to
privatisation of privatisation objects at an open auction, as
well as the transfer of privatisation objects to the new owners
shall be exempted from all taxes and fees specified by the State
and local governments.
[28 November 1996; 11 June 1997; 24
February 2005]
Section 67. Utilisation of Resources
Obtained in the Result of Privatisation of Residential Houses
(1) Resources obtained in the result of privatisation of State
and local government residential houses in lats shall be
transferred to the privatisation fund of the respective local
government in the amount of 60 per cent as a separate part of the
fund and shall be used for financing of the privatisation process
of residential houses and maintenance of residential houses
during privatisation process thereof, as well as for organisation
of the management after privatisation thereof.
(2) Resources obtained in the result of privatisation of State
and local government residential houses shall be transferred in
the amount of 40 per cent to the State basic budget and to the
account of the Ministry of Finance indicated in the Treasury and
shall be used for payment of national debt and
over-financing.
(3) Resources, which are obtained in privatising unrented
apartments in the cases specified in Section 15, Paragraph eight,
Section 21, Paragraph eight and Section 73.3,
Paragraph five of this Law, shall be transferred into the
revenues of the respective local government.
(4) All resources, which are obtained in privatising unrented
apartments belonging to the State in accordance with the
procedures specified in Section 15, Paragraph eight, Section 21,
Paragraph eight and Section 73.3, Paragraph five of this Law,
shall be transferred to the account of the Ministry of Finance
indicated in the Treasury and shall be used for payment of the
national debt and over-financing after covering of the
expenditure related to organisation of auctions.
(5) From resources, which have been transferred to the State
basic budget in accordance with the annual State budget law, the
Construction, Energy and Housing State Agency shall receive a
grant from general income and shall use it for:
1) financing of the privatisation process of residential
houses;
2) maintenance of residential houses during the privatisation
process thereof;
3) organisation of maintenance and management of privatised
residential houses; and
4) performance of the functions specified in Section 59 of
this Law.
[7 May 1998; 26 October 2000; 5
July 2001; 27 June 2002; 30 October 2003; 7 April 2004; 21
February 2008]
Chapter XV
Procedures for Examination of Complaints and Disputes
Section 68. Competence of Local
Government City Council (county, parish council) in Examination
of Disputes
(1) A city council and a county, parish council shall examine
any disputes, which are related to the technical execution of
privatisation of apartments, non-residential premises, artist's
workshops, single dwellings and apartment houses, i.e., related
to:
1) specification of the value of the privatisation object;
2) specification of the area of the plot of land to be
transferred into lease or to be privatised; and
3) specification of the purchase price of the privatisation
object.
(2) A city council and a county, parish council shall examine
the disputes referred to in Paragraph one of this Section in
conformity with the provisions of Section 69, 70 and 71 of this
Law.
Section 69. Procedures for
Examination of Disputes in a Local Government City Council
(county, parish council)
(1) If a decision of the privatisation commission regarding
the technical execution of privatisation of the relevant object
is appealed in accordance with the procedures specified in this
Law, execution thereof shall be suspended until examination of
the submitted claim. Upon the receipt of a claim regarding the
technical execution of privatisation of an object, the local
government city council (county, parish council) shall notify
about it the privatisation commission, the decision of which is
being contested.
(2) The local government city council (county, parish council)
shall examine the disputes referred to in Paragraph one of this
Section according to an application of one party.
(3) The local government city council (county, parish council)
shall invite both parties concerned to examination of the
disputes referred to in Paragraph one of this Section, and they
shall be examined within a time period of one month. If the
parties to whom the date of examination of a dispute has been
notified in writing do not appear, it shall not be an impediment
to the examination of the dispute.
[7 April 2004]
Section 70. Decisions of a Local
Government City Council (county, parish council) Regarding
Disputes Related to the Technical Execution of Privatisation of
Privatisation Objects
(1) A local government city council (county, parish council)
shall indicate in the decision thereof regarding a dispute, which
is related to the technical execution of privatisation of an
apartment, non-residential premises, artist's workshop, single
dwelling or undivided share thereof or a multi-apartment house,
the procedures for execution of the decision and the measures to
be performed for the prevention of detected violations.
(2) If decisions of a local government city council (county,
parish council) in relation to the technical execution of
privatisation of an object are not appealed in the time period
specified in Section 71, Clause 7 of this Law, they shall be
compulsory to the parties concerned, State institutions, local
governments and officials, as well as natural persons and legal
persons.
[16 December 1999]
Section 71. Rights and Duties of the
Parties Concerned and Representatives Thereof
If a dispute regarding the technical execution of
privatisation of an object is examined by a local government city
council (county, parish council), the parties concerned and
representatives thereof have the following rights and duties:
1) to acquaint themselves with the materials prepared for
examination of the relevant dispute and make extracts from
these;
2) to participate in examination of the dispute, submit
documents and other evidence;
3) to express requests;
4) to provide oral explanations and written explanations;
5) to object against the requests, supporting arguments and
considerations of the other party;
6) to request and receive a true copy of the decision taken;
and
7) to appeal the decision of the local government city council
(county, parish council) to the court within a time period of one
month after it has been notified to the parties concerned.
Section 72. Court Jurisdiction in
Examining Disputes Related to the Privatisation of Residential
Houses
(1) The following disputes related to the privatisation of
residential houses shall be within the jurisdiction of a
court:
1) disputes regarding violation of the auction provisions of
apartments, non-residential premises, artist's workshops, single
dwelling or undivided share thereof and multi-apartment
houses;
2) disputes regarding the rights of the privatisation subject
and regarding the priority rights to privatise an object;
3) disputes, which are related to the entering into,
fulfilment, amendment or withdrawal of a purchase contract;
4) disputes regarding transfer of an apartment or a single
dwelling or undivided share thereof into ownership without a
fee;
5) disputes, which are related to recording of the ownership
rights of the privatised object in the Land Register;
6) disputes, which are related to the technical execution of
privatisation of State residential houses, as well as apartments,
artist's workshops or non-residential premises existing in a
State residential house, i.e., related to specification of the
value of the privatisation object, specification of the area of
the plot of land to be transferred into lease or to be privatised
and specification of the purchase price of the privatisation
object; and
7) other disputes, which occur in the result of privatisation
of residential houses and examination of which is not within the
competence of a local government city council (county, parish
council).
(2) A court shall examine the disputes referred to in Section
68 of this Law after a local government city council (county,
parish council) has taken a decision regarding them in accordance
with the procedures specified in this Law.
[16 December 1999; 18 May 2006]
Section 73. Recognition of the
Privatisation of Apartments, Non-residential Premises, Artist's
Workshops, Single Dwellings or Undivided Shares Thereof and
Multi-apartment Houses as Illegal
Privatisation of apartments, non-residential premises,
artist's workshops, single dwellings or undivided shares thereof
and multi-apartment houses shall be recognised as illegal if:
1) an apartment, non-residential premises, artist's workshop,
single dwelling or undivided share thereof or multi-apartment
house is offered for privatisation not observing the sequence and
the procedures for privatisation specified in this Law;
2) a person has privatised the rented apartment or single
dwelling or undivided share thereof, not notifying family members
about it; or
3) other requirements of this Law or Cabinet regulations
issued on the basis of this Law are not observed.
[16 December 1999]
Chapter
XV.1
Transfer of Apartments, Artist's Workshops
and Non-residential Premises into Ownership until Privatisation
of a Residential House
[11 June
1997]
Section 73.1 Cases where
the Transfer of Apartments, Artist's Workshops and
Non-residential Premises into Ownership until Privatisation of a
Residential House shall be Applicable
(1) Provisions of this Chapter shall be applicable in cases
where the Construction, Energy and Housing State Agency or a
local government has not commenced the privatisation of a
residential house in accordance with the procedures specified in
this Law and the following persons residing in a State or local
government single dwelling or multi-apartment house want to
perform the following activities:
1) apartment owners, family members thereof or other persons
indicated in this Law want to acquire the apartment rented by
them into ownership;
2) lessees of artist's workshops who are artists in accordance
with the requirements of Section 1, Clause 19 of this Law want to
acquire the artist's workshop leased by them into ownership;
or
3) lessees of non-residential premises want to acquire the
non-residential premises leased by them into ownership.
(2) Provisions of this Chapter shall be applicable in relation
to non-privatised apartments that are under the supervision of
the State or local government in multi-apartment houses, in which
apartments have been privatised in accordance with the Law On
Privatisation of Agricultural Undertakings and Collective
Fisheries or the Law On Privatisation of Co-operative
Apartments.
(3) Provisions of this Chapter shall not be applicable to
residential houses, which are located in the territory of free
economic zones and special economic zones.
(4) Apartments, artist's workshops and non-residential
premises that are located in single dwellings or multi-apartment
houses, which were nationalised or otherwise illegally alienated
after 21 July 1940 and regarding which applications of former
owners or their heirs regarding return thereof have been
received, shall be transferred into ownership until privatisation
of the residential house only after examination of the
applications in accordance with the procedures specified in the
law.
(5) After commencement of privatisation of residential house
apartments, artist's workshops and non-residential premises,
which have been transferred into ownership until privatisation of
the residential house, shall be privatised in accordance with the
procedures specified in this Law.
(6) Provisions of this Chapter shall not be applicable to
buildings belonging to the State or local government, which do
not have the status of residential house.
[7 May 1998; 26 October 2000; 14
December 2000; 5 July 2001; 20 November 2003; 21 February
2008]
Section 73.2
Institutions, which Transfer an Apartment, Artist's Workshop and
Non-residential Premises into Ownership until Privatisation of
the Residential House
The Construction, Energy and Housing State Agency shall
transfer a rented apartment, a leased artist's workshop and
non-residential premises existing in a State single dwelling or
multi-apartment house into ownership until privatisation of the
residential house, and a privatisation commission of residential
houses of local government - a rented apartment, a leased
artist's workshop and non-residential premises in a single
dwelling or multi-apartment house of the local government.
[5 July 2001; 20 November 2003; 21
February 2008]
Section 73.3 Procedures,
by which Apartments shall be Transferred into Ownership until
Privatisation of a Residential House
(1) In order to obtain ownership rights to an apartment until
privatisation of a residential house, a tenant of the apartment
and his or her family members shall submit an application to the
privatisation commission.
(2) The privatisation commission shall take a decision
regarding the transfer of an apartment into ownership until
privatisation of a residential house within a time period of one
month from the day of receipt of an application.
(3) A decision regarding the transfer of an apartment into
ownership until privatisation of a residential house shall be
taken if:
1) a tenant of the apartment and his or her family members
enter into an agreement confirmed notarially or by a
privatisation commission regarding who will privatise the rented
apartment; and
2) a claim regarding termination of a tenancy contract and
eviction of the tenant and his or her family members has not been
brought to the court.
(4) If a tenant of an apartment and his or her family members
do not want to acquire the rented apartment into ownership until
privatisation of a residential house, the person indicated in
Section 6 of this Law may privatise the rented apartment with
consent of the tenant and his or her family members. In such case
the tenant of the apartment and his or her family members shall
enter into an agreement confirmed notarially or by a
privatisation commission with the person who wants to acquire the
apartment rented by the tenant into ownership.
(5) An unrented State or local government apartment may be
transferred into ownership until privatisation of a residential
house with a decision of a local government city council (county,
parish council) or the Construction, Energy and Housing State
Agency in conformity with the provisions of Section 15 or 21, as
well as 36, 37, 38 and 39 of this Law.
(6) [24 February 2005]
(7) The privatisation commission shall send a notification to
a tenant, in which the payment for the transfer of an apartment
into ownership until privatisation of a residential house, as
well the procedures for making of the indicated payment specified
in the decision are indicated, within a time period of two weeks
after the taking of the decision.
(8) A common apartment shall be privatised as one single
object. So that the tenants of the common apartment might acquire
their rented common apartment into ownership until privatisation
of a residential house, they shall have to enter into an
agreement confirmed notarially or by a privatisation commission
regarding who will privatise the apartment. If tenants of the
apartment want to privatise the apartment as a joint property,
the subsequent procedures for utilisation of residential premises
shall be provided for in the referred deed of agreement.
(9) A tenant shall make payments for the transfer of an
apartment into ownership until privatisation of a residential
house at the Latvian Mortgage and Land Bank within a time period
of one month from the day of receipt of the notification.
(10) If payments for the transfer of an apartment into
ownership until privatisation of a residential house are not made
within the time period specified in Paragraph nine of this
Section, as well as within a period of one month from the day of
sending a warning notice, the privatisation commission shall
revoke the decision regarding the transfer of the apartment into
ownership until privatisation of the residential house.
[7 May 1998; 20 November 2003; 24
February 2005; 21 February 2008]
Section 73.4 Procedures,
by which Non-residential Premises or an Artist's Workshop shall
be Transferred into Ownership until Privatisation of a
Residential House
(1) A lessee of non-residential premises or an artist's
workshop in order to obtain ownership rights to the
non-residential premises or artist's workshop until privatisation
of a residential house shall submit to the privatisation
commission an application regarding evaluation of the
non-residential premises or artist's workshop and a lease
contract of the non-residential premises or artist's workshop in
accordance with the procedures specified in this Law. Evaluation
of the non-residential premises or artist's workshop shall be
performed in accordance with the provisions of Section 27 of this
Law.
(2) The privatisation commission shall evaluate the
non-residential premises or artist's workshop within a time
period of one month from the day of receipt of an application if
a lessee has paid the fee for evaluation of the non-residential
premises or artist's workshop. Non-residential premises or
artist's workshops shall be evaluated in accordance with the
procedures specified by the Cabinet.
(3) The privatisation commission shall determine the purchase
price of the non-residential premises or artist's workshop within
a time period of one month from the day of evaluation of the
non-residential premises or artist's workshop, notifying the
lessee about the decision taken.
(4) A lessee shall submit to the privatisation commission
either a confirmation of privatisation of the non-residential
premises or artist's workshop for the specified purchase price in
indicating the procedures for making of payments and submitting
documents confirming that the conditions referred to in Section
17, Paragraph two or Section 18, Paragraph two have been
fulfilled, or a refusal of privatisation of the non-residential
premises or artist's workshop within a time period of one month
after receipt of a notification. In case of refusal the lessee
shall keep the right to privatise his or her leased
non-residential premises or artist's workshop in accordance with
the procedures specified in this Law. If the lessee submits the
confirmation of privatisation of non-residential premises or an
artist's workshop and of the specified purchase price later than
within a time period of one month, the respective non-residential
premises or artist's workshop shall be re-evaluated, except in
cases when the lessee has contested the purchase price specified
by the privatisation commission in accordance with the specified
time periods and the procedures.
(5) The privatisation commission shall take a decision
regarding transfer of non-residential premises or an artist's
workshop into ownership until privatisation of a residential
house within a time period of one month from the day of receipt
of approval of a lessee and shall notify the lessee about it.
(6) A lessee shall make a payment or the first deposit for the
transfer of non-residential premises or an artist's workshop into
ownership until privatisation of a residential house at the
Latvian Mortgage and Land Bank within a time period of one month
from the day of receipt of the notification.
(7) If payments or the first deposit for the transfer of
non-residential premises or an artist's workshop into ownership
until privatisation of a residential house are not made within
the time period specified in Paragraph six of this Section, as
well as within a period of one month from the day of sending a
warning notice, the privatisation commission shall revoke the
decision regarding the transfer of the non-residential premises
or the artist's workshop into ownership until privatisation of a
residential house.
[24 February 2005; 21 February
2008]
Section 73.5 Payment for
the Transfer of an Apartment into Ownership until Privatisation
of a Residential House
(1) Payment for the transfer of an apartment into ownership
until privatisation of a residential house shall be formed by a
payment specified in privatisation certificates for the apartment
and a payment specified in lats for preparation of the
residential house for privatisation. If an apartment is
transferred into ownership until privatisation of a residential
house, a tenant shall not have to pay the payment specified in
privatisation certificates for the apartment in the cases
specified in Section 47, Paragraphs one, two, five and six of
this Law.
(2) The procedures and amounts, in which a payment for the
transfer of an apartment into ownership until privatisation of a
residential house is to be determined, shall be determined by the
Cabinet in conformity with the provisions of Section 43,
Paragraph four of this Law.
(3) Resources that have been acquired in transferring
apartments into ownership until privatisation of residential
houses shall be used in accordance with the procedures specified
in Section 67 of this Law.
[7 July 1998; 30 October 2003; 24
February 2005]
Section 73.6 Payment for
the Transfer of Non-residential premises or an Artist's Workshop
into Ownership until Privatisation of a Residential House
(1) Payment for the transfer of non-residential premises or an
artist's workshop into ownership until privatisation of a
residential house and the payment procedures shall be specified
by the Cabinet in conformity with the provisions of Sections 45
and 46 of this Law.
(2) Payment for the transfer of non-residential premises or an
artist's workshop into ownership until privatisation of a
residential house shall be formed from:
1) the purchase price in accordance with the procedures
specified in Section 43 of this Law;
2) the payment for preparation of the residential house for
privatisation; and
3) the payment for evaluation of the non-residential premises
or artist's workshop.
(3) A lessee of non-residential premises or an artist's
workshop may pay the purchase price in parts by making regular
payments within a time period not longer than five years.
(4) Pledge rights to non-residential premises or artist's
workshops, which have been transferred into ownership until
privatisation of a residential house, shall be granted for
ensuring of the purchase price in favour of the State or local
government by this Law. In registering non-residential premises
or an artist's workshop in the Cadastre Register of the State
Land Service (hereinafter - Cadastre Register), concurrently
pledge rights in favour of the State or local government shall be
recorded in the amount of the unpaid sum.
(5) Resources, which have been obtained in transferring the
non-residential premises or artist's workshops into ownership
until privatisation of a residential house, shall be used in
accordance with the procedures specified in Section 67 of this
Law, except the payment for evaluation of the non-residential
premises or artist's workshop, which shall be transferred by a
lessee to the account indicated by the relevant privatisation
commission.
[30 October 2003; 24 February
2005]
Section 73.7 Certificate
Regarding Ownership Rights to an Apartment, Artist's Workshop or
Non-residential Premises until the Privatisation of a Residential
House
(1) On the basis of a decision taken by the privatisation
commission and a document confirming that a payment for the
transfer of an apartment into ownership until the privatisation
of a residential house has been made, the State Land Service
shall issue a certificate to a tenant regarding ownership rights
to the apartment until privatisation of the residential
house.
(2) The State Land Service shall issue a certificate regarding
ownership rights to non-residential premises or an artist's
workshop until the privatisation of a residential house to a
lessee of the non-residential premises or artist's workshop on
the basis of a decision taken by the privatisation commission, a
document confirming that the lessee has made a payment or the
first deposit for the transfer of the non-residential premises or
artist's workshop into ownership until the privatisation of the
residential house and a pledge contract if such has been entered
into in favour of the State or local government.
(3) The State Land Service shall issue a certificate regarding
ownership rights to an apartment, non-residential premises or
artist's workshop until the privatisation of a residential house
within a time period of two weeks from the day of submission of
the documents referred to in Paragraph one or two of this
Section.
[24 February 2005]
Section 73.8 Registration
of an Apartment, Artist's Workshop, Non-residential Premises and
Owners Thereof
(1) An apartment, artist's workshop, non-residential premises
and owners thereof until the privatisation of a residential house
shall be registered in the Cadastre Register. The pledge rights,
which have been provided for an apartment property, and other
encumbrances of the apartment property shall also be registered
in the Cadastre Register. Registration in the Cadastre Register
in relation to legal effects shall be comparable to registration
in the Land Register.
(2) The State Land Service shall notify the Construction,
Energy and Housing State Agency and respective local governments
regarding registered apartments, artist's workshops,
non-residential premises and owners thereof at least once a
month.
[7 May 1998; 20 November 2003; 21
February 2008]
Section 73.9 Actions
Involving Apartment, Artist's Workshop and Non-residential
Premises Transferred into Ownership until Privatisation of
Residential House
(1) A person who has acquired an apartment, artist's workshop
or non-residential premises into ownership until the
privatisation of a residential house shall be recognised an owner
from the time when the apartment, artist's workshop,
non-residential premises and owners thereof have been registered
in the Cadastre Register.
(2) An owner of an apartment, artist's workshop or
non-residential premises and the respective State institution or
local government shall have to enter into a mutual contract
regarding maintenance and management of a residential house not
later than within a time period of one month from the time when a
certificate regarding ownership rights to the apartment, artist's
workshop or non-residential premises until the privatisation of
the residential house has been issued.
(3) Anyone who has acquired an apartment, artist's workshop or
non-residential premises into ownership in the result of entering
into a transaction or inheritance shall be recognised the owner
of the apartment, artist's workshop or non-residential premises
if he or she is registered in the Cadastre Register.
(4) If an apartment, artist's workshop or non-residential
premises have been acquired in the result of entering into a
transaction or inheritance, the acquirer shall register the
referred to property in the Cadastre Register until the
privatisation of a residential house after the entering into a
contract with the respective State institution or local
government regarding participation in the maintenance and
management of the residential house. The contract shall be
entered into until the privatisation of the residential house in
accordance with the procedures specified in this Law. The State
institution or local government and the owner of the apartment,
artist's workshop or non-residential premises shall enter into
the contract regarding maintenance and management of the
residential house within a time period of one month from the day
of concluding the transaction or receipt of inheritance.
(5) Payment for the maintenance and management of a
residential house shall be determined to an owner of an
apartment, artist's workshop or non-residential premises in
conformity with Cabinet regulations regarding the procedures for
calculation of the rental payment of an apartment, and it shall
not exceed the amounts of rental payment in the relevant
house.
(6) The rights, duties and liability of an owner of an
apartment, artist's workshop or non-residential premises, as well
as of the family members of the apartment owner and other persons
lodged in the apartment shall be regulated by the Law On
Residential Property insofar as it complies with this Law.
(7) Transactions, which are entered into by and between an
owner of an apartment, artist's workshop or non-residential
premises and the respective State institution or local government
regarding the maintenance and management of a residential house
until the privatisation thereof, shall not be taxed with value
added tax. In transferring an apartment or artist's workshop into
ownership until the privatisation of a residential house of a
person who has a debt of rental, lease payments or payments for
public utility services at the time of privatisation, pledge
right shall be concurrently recorded to the privatised object in
favour of the State or local government according to the amount
of the sum of debts at the time of entering into a pledge
contract.
(8) After commencement of privatisation of a residential
house, an owner of an apartment, artist's workshop or
non-residential premises shall enter into the purchase contract
referred to in Section 40 of this Law in the time period
indicated in the notification regarding entering into a purchase
contract.
(9) If a person who has acquired an apartment, artist's
workshop or non-residential premises into ownership until the
privatisation of a residential house has not entered into a
purchase contract in the time period indicated in the
notification regarding entering into a purchase contract, any
transactions related to the apartment, artist's workshop or
non-residential premises, which have been transferred into
ownership until the privatisation of a residential house, are
prohibited.
[7 May 1998; 16 December 1999]
Chapter XVI
Final Provisions
Section 74. Transfer of State and
Local Government Residential Houses for Privatisation
(1) Any State and local government residential houses, which
have been put into service until coming into force of this Law,
shall be transferred for privatisation, except the cases referred
to in this Law.
(2) Residential houses, which are included in the fixed
capital of State or local government capital companies, shall be
privatised in accordance with the procedures specified in this
Law only after they have been excluded from the fixed capital of
State or local government capital companies.
(3) State residential houses shall be transferred for
privatisation to the Construction, Energy and Housing State
Agency or local governments in accordance with the procedures
specified by the Cabinet. Residential houses transferred to local
governments shall become the property of local governments.
Residential houses transferred to the Construction, Energy and
Housing State Agency shall remain in possession and management of
the previous possessor also after taking of a decision regarding
commencement of privatisation of a residential house, except in
cases where the Construction, Energy and Housing State Agency
takes over the relevant residential houses in possession and
management thereof according to an agreement with the previous
possessor.
(4) State residential houses and undivided shares of
residential houses shall not be transferred for privatisation if
the Cabinet has taken a decision regarding non-privatisation and
keeping thereof in the State property or regarding selling in an
auction in accordance with the Law On Alienation of State and
Local Government Property. If an apartment, artist's workshop or
non-residential premises existing in a residential house are
transferred into ownership until privatisation of the residential
house, such residential house shall be transferred for
privatisation in accordance with the procedures specified in this
Law.
(41) Rented State residential houses, which are
located in the territory of free economic zones or special
economic zones and regarding which non-privatisation and
preservation in State ownership, in evaluation of the development
plan of the relevant territory, as well as the point of view of
the board of directors of the relevant free economic zone or
special economic zone, up to 1 December 2008 the Cabinet has
taken a decision, shall not be transferred to privatisation.
(5) Unrented apartment residential houses and unrented
apartments, regarding non-privatisation and keeping of which in
the property of local government, which is necessary for
implementation of the functions of local government specified in
laws, a decision of the respective local government city council
(county, parish council) has been taken, shall not be transferred
to privatisation.
(51) Local government multi-apartment residential
houses and single dwellings, which are located in the territory
of free economic zones or special economic zones and regarding
which non-privatisation and preservation in State ownership, in
evaluation of the development plan of the relevant territory, as
well as the point of view of the board of directors of the
relevant free economic zone or special economic zone, up to 1
December 2008 a decision has been taken by the relevant local
government city council, shall not be transferred to
privatisation.
(6) Non-residential premises shall not be transferred for
privatisation if State or local government capital companies or
institutions are situated therein. If a residential house is
transferred for privatisation to a local government, the
non-residential premises where State or local government capital
companies or institutions are situated shall be kept in the State
property and recorded in the Land Register in the name of the
State. This provision shall be also applicable to non-residential
premises, which are located in a State residential house to be
transferred for privatisation to a local government and where
State capital companies are situated, if the respective
non-residential premises are not included in the fixed capital of
such capital companies.
(7) Official accommodation facilities, official flats, as well
as social residential houses shall not be transferred for
privatisation.
(8) Apartments existing in non-residential houses (schools,
stations and other similar buildings) shall not be privatised in
accordance with this Law.
(9) [24 February 2005]
(10) In cases provided for in the Law On Assistance in Solving
Apartment Matters residential premises rented in accordance with
the procedures specified therein shall not be transferred for
privatisation, and it shall not be possible to acquire them into
ownership until privatisation of a residential house.
[11 June 1997; 7 May 1998; 16
December 1999; 3 August 2000; 26 October 2000, 5 July 2001, 20
November 2003, 7 April 2004, 24 February 2005, 18 May 2006; 21
February 2008]
Section 75. Application of This Law
in Relation to Privatised Co-operative Apartments, as well as
Apartments and Residential Houses Privatised for Co-operative
Shares
(1) If apartments existing in a residential house have been
privatised in accordance with the Law On Privatisation of
Co-operative Apartments and the Law On Privatisation of
Agricultural Undertakings and Collective Fisheries, the
privatisation commission shall determine the undivided share of
the joint property of an owner of each apartment and transfer a
plot of land, on which the residential house has been built, for
privatisation or in lease for 99 years.
(2) If an apartment has been purchased in accordance with the
Decision of the Council of Ministers of the Latvian S.S.R. and
Latvian Republican Trade Union Council No. 171, 24 July 1989, On
Sale of Apartments and Houses of the State and Public Apartment
Foundation to Citizens into Personal Ownership, the privatisation
commission shall determine the undivided share of the joint
property of an owner of each apartment and transfer a plot of
land, on which the residential house has been built, for
privatisation or in lease for 99 years.
(3) State or local government plots of land, which are located
in cities, shall be transferred to the owners of the apartments
referred to in Paragraphs one and two of this Section, as well as
State or local government plots of land, on which privatised
single dwellings are located, shall be transferred to the owners
thereof in rural areas for privatisation for certificates.
(4) State or local government plots of land, which are located
in rural areas, shall be transferred into ownership of the
apartment owners referred to in Paragraphs one and two of this
Section free of charge by entering into an agreement regarding
transfer of land into ownership free of charge.
(5) If a residential house, in which apartments have been
privatised in accordance with the Law On Privatisation of
Co-operative Apartments and the Law On Privatisation of
Agricultural Undertakings and Collective Fisheries or purchased
in accordance with the procedures specified in Paragraph two of
this Section, is built on the land of a natural person or a legal
person, the duty of an owner of the plot of land and owners of
the privatised apartments shall be to enter into a land lease
contract in conformity with the provisions of Sections 50 and 54
of this Law.
(6) The undivided share of the joint property of the owners of
privatised apartments and the size and value of a plot of land,
on which a residential house is built, shall be determined, an
offer to purchase the plot of land, to acquire it into ownership
free of charge or to lease it for 99 years shall be made, as well
as a contract regarding purchase of the plot of land or an
agreement regarding transfer of the plot of land into ownership
free of charge shall be entered into in conformity with the
provisions of this Law.
(7) Apartment owners referred to in Paragraphs one and two of
this Section shall have to establish a society for joint
administration and management of a house or to enter into a
contract regarding joint administration and management of a
multi-apartment house.
(8) Apartment owners referred to in Paragraph one of this
Section shall settle the accounts for specification of a plot of
land necessary for exploitation of a residential house, survey of
the plot of land and registration of the residential house in the
Land Register in lats.
[28 November 1996; 7 May 1998]
Section 76. Inheritance of Apartment
Privatisation Rights
(1) A right of privatisation of an apartment tenant shall be
recognised a transferable right in accordance with Section 382 of
the Civil Law.
(2) A right of privatisation of an apartment tenant shall be
recognised to be returned to others from the day when the tenant
of the apartment:
1) has submitted a submission to the privatisation commission
in conformity with the provisions of Section 73.3, Paragraph one
of this Law, or
2) has submitted an application to the privatisation
commission in conformity with the provisions of Section 32 of
this Law.
[11 June 1997]
Section 77. Actions Involving
Non-privatised Residential Houses, Apartments, Artist's Workshops
and Non-residential Premises Existing in Residential Houses
[18 May 2006]
Section 78. Privatisation of
Non-residential Premises Functionally Unassociated with
Apartments, Artist's Workshops and Non-residential Premises
Existing in Residential Houses
Non-residential premises existing in an auxiliary building or
structure functionally associated with a multi-apartment house or
also a complex of premises, which are marked as non-residential
premises in the house inventory plan and are not functionally
associated with any of the apartments, artist's workshops or
non-residential premises existing in a residential house, may be
privatised as an independent privatisation object -
non-residential premises together with a respective undivided
share of the residential house in joint property in conformity
with the procedures for privatisation of non-residential premises
specified in this Law.
[5 July 2001]
Section 79. Notification Regarding
Reasons Hindering Privatisation
The privatisation commission or the "Būvniecības, enerģētikas
un mājokļu valsts aģentūra" [Construction, Energy and Housing
State Agency] shall send a notification to the tenants of single
dwellings and adult family members thereof, as well as lessees of
the leased artist's workshops that it cannot commence
privatisation of the respective residential house because any one
of the following reasons hindering privatisation exist:
1) division of the joint property has not been terminated and
the State or local government ownership rights to individual
apartments, artist's workshops or non-residential premises have
not been specified in accordance with the provisions of Section 9
of this Law;
2) exclusion of the residential house or part thereof from the
fixed capital of a State or local government capital company has
not been terminated in accordance with the provisions of Section
74 of this Law; or
3) legal proceedings in relation to the issue regarding
ownership rights of the residential house have not been initiated
and the relevant court adjudication has not come into effect.
[7 April 2004; 24 February 2005; 18
May 2006; 21 February 2008]
Section 80. Sending of a
Notification Regarding Reasons Hindering Privatisation
The sent notification of the privatisation commission or the
Construction, Energy and Housing State Agency referred to in
Section 79 of this Law shall be regarded received from the time
when a tenant of an apartment or a single dwelling or any of the
adult family members thereof or a lessee of an artist's workshop
has confirmed with his or her signature that he or she has
received the notification.
[7 April 2004; 21 February
2008]
Section 81. Submission of a Proposal
of Privatisation
(1) After receipt of a notification regarding reasons
hindering privatisation, a tenant of an apartment or a single
dwelling, as well as a lessee of an artist's workshop has the
right to submit a proposal of privatisation to the privatisation
commission until 31 August 2006.
(2) The following shall be indicated in a proposal of
privatisation:
1) the address and area of the privatisation object;
2) the given name and surname of the person who wants to
acquire an apartment, artist's workshop or single dwelling in his
or her ownership; and
3) the reasons hindering privatisation of the privatisation
object.
[7 April 2004; 24 February 2005; 15
December 2005]
Section 82. Registration of a
Proposal of Privatisation
(1) A privatisation commission or the Construction, Energy and
Housing State Agency shall register a proposal of privatisation
in accordance with the procedures specified by the Cabinet and
within a time period of one month from the day of receipt of the
proposal of privatisation shall provide a submitter of the
proposal of privatisation with a written answer, which includes
the following information:
1) the time of registration of the proposal of
privatisation;
2) information regarding the rights and possibilities of the
person who has submitted the proposal of privatisation to acquire
an apartment, artist's workshop or single dwelling into
ownership; and
3) the consequences, which will come into effect if the person
does not use the privatisation rights reserved thereto in the
specified period of time.
(2) If an object, regarding privatisation of which a proposal
of privatisation has been submitted, is not transferable for
privatisation pursuant to this Law, the privatisation commission
shall not register the proposal of privatisation and shall
provide a justified answer to the submitter of the proposal of
privatisation in writing within a time period of two weeks.
[7 April 2004; 21 February
2008]
Section 83. Time Periods and
Procedures for the Submission of an Application of
Privatisation
(1) After removal of reasons hindering privatisation of a
residential house a person who has submitted a proposal of
privatisation until 31 August 2006 or a person who has lawfully
acquired the privatisation rights of a privatisation object after
submission of a proposal of privatisation shall privatise the
respective apartment, artist's workshop or single dwelling in
accordance with the procedures specified in this Law, in
submitting an application of privatisation not later than:
1) until 28 February 2007 if a local government city council
(county, parish council) or the Construction, Energy and Housing
State Agency has taken a decision regarding commencement of
privatisation of a residential house until 31 August 2006; or
2) within a time period of six months after a local government
city council (county, parish council) or the Construction, Energy
and Housing State Agency has taken a decision regarding
commencement of privatisation of a residential house if it has
been taken after 31 August 2006.
(2) If an application of privatisation is not submitted within
the period of time specified in Paragraph one of this Section or
it has become known that an object is not transferable for
privatisation in accordance with the procedures specified in this
Law, the registered proposal of privatisation shall be deleted
and the submitter of the proposal shall be notified about it.
[24 February 2005; 15 December
2005; 21 February 2008 ]
Section 84. Privatisation of a Plot
of Land Owned by the State or Local Government After Removal of
Privatisation Restrictions
If privatisation of a single dwelling or a multi-apartment
house in accordance with the procedures specified in Section 8.1
of this Law has been commenced until 31 July 2002 and the house
is completely or partially situated on land belonging to the
State or local government, in relation to which privatisation
restrictions do not exist, which were in effect at the time of
commencement of privatisation of the single dwelling or
multi-apartment house, the plot of land belonging to the State or
local government (hereinafter - plot of land) shall be
transferred for privatisation pursuant to a decision of the local
government city council (county, parish council) or the
Construction, Energy and Housing State Agency in conformity with
the following procedures:
1) the plot of land, on which the residential house
transferred for privatisation is completely or partially
situated, shall be transferred into ownership free of charge;
2) the privatisation commission or the Construction, Energy
and Housing State Agency shall take a decision to enter into an
agreement with the owner of the privatised apartment, artist's
workshop or non-residential premises regarding transfer of the
plot of land into ownership free of charge according to the
undivided share of the joint property of the privatised
object;
3) the privatisation commission or the Construction, Energy
and Housing State Agency shall send an invitation to privatise
the plot of land to each owner of the privatised object;
4) in the invitation the privatisation commission or the
Construction, Energy and Housing State Agency shall indicate the
area of the plot of land to be privatised, expenditure, which are
referred to in Clause 6 of this Section, as well as the period of
time, until which the agreement regarding transfer of the plot of
land into ownership free of charge should be entered into;
5) the privatisation commission or the Construction, Energy
and Housing State Agency shall enter into the agreement regarding
transfer of the plot of land into ownership free of charge in
accordance with the procedures specified in this Law with each
owner of the privatised object; and
6) expenditure for specification of the plot of land, survey
of the plot of land and registration thereof in the Land Register
shall be covered by the owner of the apartment, artist's workshop
or non-residential premises in proportion to the undivided share
of the joint property of the privatised object.
[7 April 2004; 21 February
2008]
Transitional Provisions
1. During land reform legal registration of an apartment,
non-residential premises, artist's workshop, as well as a single
dwelling and multi-apartment house property shall be admissible
prior to recording of land ownership rights in the Land
Register.
2. Any State or local government residential house, which has
been put into service until the day of coming into force of this
Law, may be alienated only by privatising it in accordance with
the procedures specified in this Law. State residential houses
and apartments existing therein shall be transferred to a local
government in accordance with the procedures specified by the
Cabinet after all expenditures in relation to preparation of the
residential house for privatisation have been covered and then
they shall be privatised in accordance with the procedures
specified in this Law. Local governments shall have to accept for
privatisation residential houses of such State undertakings,
which have been privatised in accordance with the Law On
Privatisation of Property in Agriculture Service Undertakings,
the Law On Privatisation of Milk Processing Undertakings, the Law
On Privatisation of Meat Processing Undertakings and the Law On
Privatisation of State Undertakings of Bread Production. If a
State residential house and land underneath it is registered in
the Land Register in the name of the State, the local government
shall have to transfer the residential house together with the
land. If a local government residential house is put into service
after entering into force of this Law, it shall be transferred
for privatisation only with a decision of the respective local
government city council (county, parish council). If a State
residential house is put into service after entering into force
of this Law, it shall be transferred for privatisation only with
a decision of the Cabinet.
2.1 In the case provided for in Section 7,
Paragraph six of this Law actions involving the respective State
or local government plot of land shall be regulated by the Law On
Alienation of State and Local Government Property.
3. Beginning with the day of coming into force of this Law it
is prohibited to alienate, pledge and encumber State and local
government residential houses or parts thereof, as well as
residential houses or parts thereof included in the fixed capital
of State and local government companies with property rights if
apartments existing therein are being rented and non-residential
premises are being leased, except the cases provided for in
Section 9 and Section 74, Paragraph four of this Law.
4. Beginning with the day of coming into force of this Law it
is prohibited to sell rental rights of State and local government
apartments, except the cases provided for in the Law On
Disbursement of Compensation to Emigrants Vacating
Apartments.
4.1 Until the taking of a decision regarding
commencement of privatisation of a residential house or a
decision regarding non-privatisation of a residential house and
keeping of the house in State or local government ownership it is
prohibited to transform apartments existing in the residential
house or elements of the residential house (attic, basements,
staircases etc.), which do not belong to an apartment,
non-residential premises or artist's workshop existing in the
house, into artist's workshops or non-residential premises.
5. Provisions of Sections 15 and 21 of this Law shall not be
applicable to the selling of rental rights of an apartment if
they are being sold in accordance with the Law On Disbursement of
Compensation to Emigrants Vacating Apartments.
6. Any unrented local government apartment shall be offered
for rental at first to persons who are registered with the local
government in order to receive assistance in solving apartment
matters. If none of the persons referred to in this Section has
applied to rent the unrented apartment in accordance with the
procedures specified in the Law On Assistance in Solving
Apartment Matters, it shall be privatised in accordance with the
procedures specified in this Law. Any unrented State apartment,
which is to be privatised in accordance with the procedures
specified in this Law, shall be at first offered for transfer
into ownership of the local government, in the administrative
territory of which the unrented apartment is located. If the
council (county, parish council) of the relevant local government
has not taken a decision regarding taking over of the unrented
State apartment into ownership of the local government within a
time period of one month, the unrented apartment shall be
privatised in accordance with the procedures specified in this
Law. If the council (county, parish council) of the relevant
local government has taken a decision regarding taking over of
the unrented State apartment into ownership of the local
government, it shall be transferred to the local government in
accordance with the procedures specified by the Cabinet.
7. The Cabinet, in co-ordinating with the Latvian Association
of Local and Regional Governments, shall have to approve the
by-law of the Central Privatisation Commission of Residential
Houses and a standard by-law regarding privatisation commissions
of city and parish residential houses until 31 July 1995, as well
as to approve any other regulatory enactments necessary for the
commencement of privatisation of residential houses until 30
September 1995.
8. The Cabinet shall have to establish the Central
Privatisation Commission of Residential Houses until 31 July
1995, and city and parish local governments shall have to
establish privatisation commissions of city and parish
residential houses until 30 September 1995.
9. Offering of apartments, non-residential premises, artist's
workshops, single dwellings and multi-apartment houses for
privatisation shall be commenced with 1 November 1995.
10. The Riga City Council has the right to establish several
privatisation commissions of State and local government
residential houses.
11. With the coming into force of this Law the Law On
Restrictions to Transactions Involving State and Local Government
Residential Houses (Latvijas Republikas Saeimas un Ministru
Kabineta Ziņotājs, 1995, No. 8) is repealed.
12. Due to the amendments made on 22 August 1996 to Section 18
of this Law and cancellation of auctions of leased
non-residential premises, the council (county, parish council) of
the respective local government may cancel the auctions of leased
non-residential premises, which were announced until 15 August
1996.
13. Residential houses included in the fixed capital of State
or local government companies shall be excluded from the fixed
capital of the company and transferred to the local governments
of the respective administrative territories or the Construction,
Energy and Housing State Agency for privatisation after all
expenditure related to the preparation of the residential house
for privatisation have been covered if the Cabinet has not
specified other procedures for financing of the preparation of
the residential house for privatisation.
14. The Cabinet shall specify the procedures, by which an
unrented local government apartment is transferred into ownership
of a natural person (persons) free of charge in accordance with
Section 47, Paragraph five of this Law, by 31 December 1996.
15. With the coming into force of this Law, Cabinet Regulation
No. 119 "Amendments to the Law On Privatisation of State and
Local Government Residential Houses" (Latvijas Republikas
Saeimas un Ministru Kabineta Ziņotājs, 1996, No. 10)
is repealed.
16. [21 February 2008]
17. A person, in privatising a State or local government
apartment or single dwelling, shall be allowed to use
privatisation or property compensation certificates of his or her
minor children without the consent of the Orphan's court (parish
court). In such case the children may request recognition of
ownership rights to a corresponding undivided share of the
privatised apartment or a disbursement of a corresponding money
compensation.
18. [5 July 2001]
19. If a decision regarding commencement of privatisation of a
residential house has been taken until 1 June 1998, the general
meeting of apartment owners of the residential house referred to
in Section 50, Paragraph six of this Law shall be convened not
later than within a time period of six months prior to this day
in order to establish a society of apartment owners or to enter
into a mutual contract regarding administration and management of
the part of the multi-apartment house in joint property in
accordance with the procedures specified in the Civil Law.
20. The procedures for termination of joint property in
apartment residential houses, which are in joint property of the
State or local government and any other person, shall be as
follows:
1) the State joint stock company "Valsts nekustamie
īpašumi" [State Immovable Property], as well as State and
local government institutions, which possess apartment
residential houses that are in joint property of the State or
local government and any other person, shall develop and offer
projects to joint owners regarding division of the joint property
in apartment properties or actual parts. The developed project of
division of the joint property shall be sent to the joint owners
for examination and an announcement regarding the project of
division of the joint property shall be published in the
newspaper "Latvijas Vēstnesis" [the official Gazette of
the Government of Latvia];
2) if the joint owner agrees to the offered project of
division of the joint property, the State or local government
shall transfer the apartment properties, artist's workshops or
non-residential premises for privatisation within a time period
of two months after entering into a contract regarding division
of the joint property into apartment properties or actual
parts;
3) if the joint owner does not agree to the offered project of
division of the joint property or has not given an answer within
a time period of two months after publication of the announcement
in the newspaper "Latvijas Vēstnesis", the State joint
stock company "Valsts nekustamie īpašumi" or another State
or local government institution, which has offered the project of
division of the joint property, shall sell the undivided share of
the joint property belonging to the State or local government in
an auction on the basis of a Cabinet order or a decision of the
respective local government city council (county, parish council)
in accordance with the Law On Alienation of State and Local
Government Property and Clause 20 of these Transitional
Provisions;
4) the State joint stock company "Valsts nekustamie
īpašumi" or another State or local government institution,
which organises an auction, shall publish an announcement in the
newspaper "Latvijas Vēstnesis" regarding the auction and
the time period, until which the persons with pre-emptive rights
may apply to the relevant auction, as well as shall send an offer
to exercise the pre-emptive rights to the following persons:
a) to joint owners - for the undivided share to be sold for
the initial auction price in making full payment in lats, and
b) to a group (groups) of apartment tenants, the total area
rented by the participants of which is not less than the area of
the house belonging to the State or local government pursuant to
the amount of the undivided share if the group (groups) of
apartment tenants (has) have reached an agreement regarding the
purchase of the undivided share belonging to the State or local
government and has (have) entered into an authorisation
agreement, in which a specific person is authorised to exercise
the pre-emption rights of the group of apartment tenants in the
name of the respective group. If the total area of the rented
premises is smaller than the area of the house belonging to the
State or local government pursuant to the amount of the undivided
share, the area rented by the participants of the group of
tenants shall be not less than 50 per cent from the total area
rented in the house. The group of apartment tenants is entitled
to exercise pre-emption rights to the undivided share to be sold
and belonging to the State or local government, which conforms to
the total area of premises rented by the group of apartment
tenants, for the initial auction price in making full payment in
privatisation certificates, but to the undivided share, which
exceeds the total area of premises rented by the group of
apartment tenants - in making full payment in lats;
5) if the time period for application specified in an auction
notification has been missed, persons who have pre-emption rights
shall lose the pre-emption rights to the undivided share to be
sold;
6) if one or several joint owners and one or several groups of
apartment owners or one or several joint owners or groups of
apartment owners, which have been established in accordance with
the provisions provided for in Sub-clause 4 of this Clause, have
applied to the auction, an auction among the persons who have the
pre-emption rights shall be organised. Each joint owner and each
group of apartment owners shall be an independent participant of
the auction; and
7) the difference between the bidden and the initial auction
price shall be paid in lats.
21. State residential houses, as well as apartments, artist's
workshops and non-residential premises existing in residential
houses belonging to the State, regarding privatisation of which
purchase contracts have not been entered into and which have not
been transferred into ownership until privatisation of the
residential house (hereinafter - non-privatised part of
residential house), shall be transferred in accordance with the
procedures specified by the Cabinet into ownership of such city
and parish local governments, in the administrative territory
whereof the respective houses are located.
22. [27 June 2002]
23. [27 June 2002]
24. The Central Privatisation Commission of Residential Houses
shall be liquidated by a Cabinet order. The Cabinet shall also
determine the procedures for liquidation of the Central
Privatisation Commission of Residential Houses and the day, from
which it is regarded liquidated. The Construction, Energy and
Housing State Agency shall take over the liabilities of the
Central Privatisation Commission of Residential Houses in
accordance with the procedures specified by the Cabinet.
24.1 The Construction, Energy and Housing State
Agency shall commence the fulfilment of the functions specified
in Section 59 of this Law from 1 January 2004.
25. [26 October 2000]
26. A local government city council (county, parish council)
may take a decision regarding termination of operation of the
privatisation commission of residential houses of the relevant
local government if all local government residential houses
existing in the administrative territory of the respective local
government are offered for privatisation in accordance with the
procedures specified in this Law.
27. [1 July 2004]
28. The Central Privatisation Commission of Residential Houses
shall receive a grant from the general income of the State budget
for the maintenance of residential houses during the
privatisation process thereof until transfer of the houses to the
Construction, Energy and Housing State Agency according to the
State budget law for year 2004.
29. The privatisation commission or the Construction, Energy
and Housing State Agency shall send the notification provided for
in Section 79 of this Law in the time period until 1 December
2004.
30. From 1 September 2006 State or local government
residential houses, undivided shares thereof if the residential
house is in the joint property of the State or local government
and any other person, as well as apartments, artist's workshops
and non-residential premises existing in residential houses shall
be alienated in accordance with the Law On Alienation of State
and Local Government Property, except the cases provided for in
Clause 30.1 of Transitional Provisions of this
Law.
30.1 After 1 September 2006 the following shall be
privatised in accordance with the procedures specified in this
Law:
1) residential houses and the apartments, non-residential
premises and artist's workshops existing therein the
privatisation of which the Construction, Energy and Housing State
Agency or a local government city council (county, parish
council) had to commence in accordance with the conditions of
this Law;
2) the undivided shares of residential houses if the house is
in the joint property of State or local government and any other
person and which were established in the period up to 31 August
2006;
3) in accordance with the procedures specified by law,
residential houses, the undivided shares thereof and apartment
properties recognised as properties without owners, which are
rented or in which the persons living therein are resident there
legally; and
4) privatisation objects in cases provided for in Section 83
of this Law.
30.2 The Construction, Energy and Housing State
Agency or a local government city council (county, parish
council) shall take a decision regarding commencement of
privatisation of a residential house not later than by 31
December 2008.
31. Clause 27 of these Transitional Provisions shall be in
force until 30 June 2004.
32. Section 84 of this Law shall come into force on 1 July
2004.
33. Privatisation of a plot of land owned by the State or
local government, which has been commenced until 1 July 2004 in
accordance with the provisions of Clause 27 of these Transitional
Provisions, shall be terminated in accordance with the referred
to provisions.
34. The Cabinet shall approve the procedures for specification
of the competence criteria of the administrators of residential
houses, certification of administrators and organisation of
training thereof until 1 September 2004.
35. The Cabinet shall approve the procedures for the
registration of proposals of privatisation until 1 September
2004.
36. If an artist's workshop has been built and put into
service pursuant to a building design approved in accordance with
the procedures specified in regulatory enactments until the day
of coming into force of the Law On Privatisation of State and
Local Government Residential Houses, it shall be privatised by
applying the procedures for the privatisation of an apartment
specified by the Law.
37. Upon the proposal of the Ministry of Economics the Cabinet
may restore the status of residential house to buildings
belonging to the State if the status of residential house had
been recorded in the inventory file of the respective building on
the day of coming into force of this Law. Rented apartments and
leased artist's workshops existing in such a house shall be
transferred for privatisation if the rental contracts of the
respective residential premises or lease contracts of artist's
workshops have been entered into within a time period until 25
July 1995. The other apartments, artist's workshops and
non-residential premises existing in such a house shall not be
transferred for privatisation, they shall be kept in the State
property and recorded in the Land Register in the name of the
State.
38. A local government city council (county, parish council)
may restore the status of residential house to buildings,
apartments, artist's workshops or non-residential premises
existing (or having existed) and which have been transferred into
ownership until the privatisation of a residential house if at
the time of privatisation of the referred to objects the building
had been a residential house and the type of use of the building
had been changed until transfer thereof for privatisation, in the
result of which the building is not a residential house
anymore.
39. The Cabinet shall develop the procedures for the
establishment, maintenance and development of an information
system and a data base for observation, analysis, forecasting and
control of the situation in the field of housing (a housing
monitoring system) until 31 December 2005.
40. The lease payment of a plot of land for an owner of the
privatised apartment and artist's workshop, which has been
specified in conformity with the procedures specified in Section
54, Paragraph two, first sentence of this Law, in 2008, 2009 and
2010 may not exceed the amount of the lease payment of the plot
of land calculated for the previous year by more than 25 per
cent.
[22 August 1996; 28 November 1996;
11 June 1997; 7 May 1998; 16 December 1999; 26 October 2000; 5
July 2001; 27 June 2002; 20 November 2003; 30 October 2003; 7
April 2004; 24 February 2005; 18 May 2006; Cabinet Regulation No.
35 of 8 January 2007; 19 April 2007; 21 February 2008]
This Law has been adopted by the Saeima on 21 June
1995.
President G. Ulmanis
Rīga, 11 July 1995
1 The Parliament of the Republic of
Latvia
Translation © 2008 Tulkošanas un terminoloģijas
centrs (Translation and Terminology Centre)