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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 27.12.1996.–30.06.2009.
Amendments not included: 19.02.2009.
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.

Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending laws of:

31 March 1994;
28 July 1994;
23 August 1995;
25 November 1996.

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.

The Republic of Latvia
Supreme Council
Law of 30 October 1991

On the Denationalisation of Building Properties in the Republic of Latvia

Division 1
Building Properties Subject to Denationalisation

Section 1.

The following are repealed:

the Latvian SSR Supreme Soviet Presidium Decree of 28 October 1940, "On Nationalisation of Large Buildings" and all regulatory enactments issued pursuant to this decree;

the Latvian SSR Supreme Soviet Presidium Decree of 14 March 1941 "On the Inclusion of Country, Large-Scale and Kulak Farms into the State Fund", the Latvian SSR People's Commissars Council Decree No. 359 of 14 March 1941, "On the Approval of the List of Country, Large-Scale and Kulak Farms to be Included in the State Fund" and all regulatory enactments issued pursuant to these decrees; and

all Latvian SSR Supreme Soviet Presidium decrees with which the building properties owned by individual natural persons were nationalised.

Section 2.

The building properties which were nationalised or expropriated, pursuant to the above-listed decrees, shall be returned to their previous owners or their heirs, except for those building properties which have been purchased by natural persons as purchasers in good faith pursuant to notarily certified agreements.

A purchaser in good faith shall not be a person who:

- has obtained the building property following the submission of a claim by the previous owner (heir) regarding the return of the building property, to State authorities or administrative institutions, the present manager of the building property or the Courts; or,

- by participating in repressions, has facilitated the transfer of a building property to his or her ownership.

If during the period from the time of nationalisation until 30 October 1991, a building property is reconstructed to such an extent that the greater part of its substance (more than 65%) forms a construction of a later period, and at the present time the building property in its entirety is utilised for State or public requirements, it shall not be returnable in kind, but compensation monies shall be payable to the previous owner, based on the valuation of the property prior to 17 June 1940. A decision regarding disbursement of compensation shall be taken by the Cabinet within a period of two months following the city council or district council taking a decision regarding a refusal to return the building property in kind, at the proposal of the interested Ministry or local government. If the Cabinet does not take a decision regarding disbursement of compensation, the building property shall be returnable in kind according to the procedures prescribed by this Law.

[28 July 1994]

Division 2
Deadlines and Procedures of Denationalisation

Section 3.

The basis for the review of a matter regarding the denationalisation of a building property shall be a claim by the previous owner or his or her heirs.

A claim shall have appended to it documents certifying ownership rights or a statement from the State archives regarding ownership rights at the time of nationalisation of the building property, but for heirs of the previous owner - additional documents that attest to the fact of death of the owner (death certificate), and other documents that provide the basis for recognising rights to the inheritance (birth certificate, marriage certificate, testament and other documents).

A claim shall be submitted to the city council or district council according to the location of the building property by 1 June 1994, but the remaining documents - not later than by 31 December 1996.

If a previous owner or his or her heirs have not submitted a claim regarding the denationalisation of a building property, but he or she, based on a request submitted by 1 June 1994 has had ownership rights restored to the land of a building property under dispute, the building property shall be returnable if it does not concern the lawful interests of third persons (property subject to privatisation, or reconstruction or renovation etc. has commenced following 1 June 1994).

[23 August 1995; 25 November 1996]

Section 4.

The claims regarding the denationalisation of a building property shall be reviewed by a Commission formed by the city council or district council. In Riga such commissions may also be established in the suburbs (districts).

The Commission shall prepare an act in which it provides its recommendations regarding the return of the building property in kind or compensation for its value.

The city council or district council shall, within one month following the preparation of the Commission's Act, based on this act and other materials, take a decision regarding the return of the building property in kind or compensation for its value.

The document certifying ownership rights shall be the building property denationalisation certificate regarding rights to the building property, which shall be issued within three days from the date that a decision has been taken regarding the return of the building property in kind or if a judgment of a court has come into legal force regarding the restoration of ownership rights.

This certificate may only be invalidated by the court.

[31 March 1994; 28 July 1994; 23 August 1995]

Section 5.

The Commission shall determine the composition, value and ownership rights of the returnable building property, based on documentation regarding the nationalised building property.

If no such documentation exists or if it is incomplete, then the composition of the building property and its ownership rights shall be determined by the court.

Section 6.

If a city council or district council within three months from the date of receipt of all the necessary documentation, has not in essence reviewed the claim of a previous owner or his or her heirs to renew the ownership rights to a building property, they have the right to request the restoration of ownership rights by court process.

If the necessary documentation for the restoration of ownership rights has not been submitted by 1 March 1996, the Commission of the city council or district council provided for in Section 4, Paragraph one of this Law shall send a caution to the persons who have requested the restoration of ownership rights regarding the submission of the necessary documentation within a period of three months, indicating in this caution which documents are missing, in order to restore the ownership rights. If the missing documents are not submitted according to the deadline indicated in Section 3, Paragraph three of this Law, the city council or district council shall reject the claim.

Complaints regarding the decisions of city councils and district councils in the matters of returning building properties as well as compensation for their value or other type of compensation, shall be reviewed by the courts.

Owners or their heirs shall be exempt from the payment of court costs in relation to requests regarding the return of building properties and the associated requirements thereof regarding the reimbursement of losses.

City councils and district councils shall be exempt from covering court costs in matters regarding the return of building properties and the associated reimbursement of losses thereof, if the court does not establish the fault of the relevant city council or district council.

[31 March 1994; 28 July 1994; 23 August 1995]

Section 6.1

If a previous owner or his or her heirs within six months following a city council or district council taking a decision regarding the return of a building property in kind, have not taken it over or entered it into the Land Register (except for the cases when a building property is not taken over due to the fault of the local government), the relevant local government shall continue to manage the building property and may lodge new tenants (leaseholders) within it, as well as perform the repairs necessary for the maintenance of the building property, and it shall have the right to request reimbursement of costs from the person who has had their ownership rights restored.

[23 August 1995]

Section 7.

Disputes between natural persons regarding the return of a building property or the division of its value, as well as disputes between natural persons and legal persons, which must return the building property to citizens or compensate them for its value, shall be decided by the court.

Division 3
Procedures for Compensation

Section 8.

Compensation shall be ensured to the previous owners or their heirs in the cases specified in Section 2 of this Law, as well as in cases where the owner (heir), whose ownership rights have been recognised according to the procedures prescribed by law, does not wish to receive the building property.

Section 9.

If a nationalised building property no longer exists, the previous owner (heir) has the right to compensation according to the procedures prescribed by law.

Section 10.

Material claims between the existing manager of the building and the owner shall be reviewed according to the procedures prescribed by the Civil Law.

[31 March 1994]

Section 11.

The owner (heir) has the right to agree with the present manager of the building property regarding a different form and procedure of compensation.

The ownership rights of the present manager to the building property may be approved based upon such agreement.

[25 November 1996]

Division 4
Social Guarantees for Tenants in Denationalised Buildings

Section 12.

The terms of rental or lease agreements of a denationalised building entered into by the present manager shall be obligatory for the owner, except for the cases prescribed by this Law.

[31 March 1994]

Section 13.

The rent for tenants with whom lease agreements have been entered into by the present manager of a returned building, shall not exceed the level of rent specified by the Cabinet, without the agreement of these tenants thereto.

[31 March 1994]

Section 14.

A local government has the right to grant a subsidy, credits or provide other type of assistance to the building owner for the compensation of expenses for capital renovation and operations of the building, as specified for the local government accommodation fund.

Section 15.

Eviction from denationalised buildings shall only be allowed according to the procedures of the Law On Residential Tenancy, but during the first seven years following the restoration of ownership rights - only by providing other equivalent residential premises, if the owner is requesting eviction of the tenants pursuant to Section 29, Paragraphs four and five of the Law On Residential Tenancy.

State and local government educational, cultural and scientific establishments, during the first seven years following the restoration of ownership rights to the previous owners shall retain the leasehold rights for the premises. The extension of these norms to a specific educational, cultural and scientific establishment shall be approved by the Ministry of Education, Culture and Science.

The provisions of Paragraphs one and two of this Section regarding the seven year deadline shall not apply to politically repressed persons whose properties are rural farmsteads and houses built for single family requirements in cities and other populated areas.

If a denationalised building is in such condition that it threatens to collapse (emergency condition), the local government has a duty within a period of one year from the receipt of a claim from the owner, to ensure the tenants with equivalent residential premises and the right to provide material assistance for the aversion of building damage.

[31 March 1994]

Section 16.

If a building owner and members of his or her family wish to return to their building property and occupy an apartment, they shall submit a request to the appropriate local government. Based on this request, the local government within a period of one year shall ensure the vacation of an apartment appropriate to the owner's requirements, allocating the tenant equivalent residential premises.

If an owner has received an apartment in a denationalised building, he or she together with his or her spouse and minor children shall vacate the residential premises that he or she or his or her spouse has until now leased, in those cases when the apartment and recoverable building property are located within the boundaries of one city or parish.

[31 March 1994; 25 November 1996]

Section 17.

The conditions of Section 29, Paragraph five of the Law On Residential Tenancy (the termination of a residential premises lease agreement and eviction of tenants at the initiative of a lessor, if the residential premises are necessary for the habitation of a lessor and his or her family members) shall not be applicable to lone persons unable to work, lone pensioners and politically repressed persons living in denationalised buildings.

If the tenants specified in Paragraph one of this Section agree to vacate residential premises for the owner's family, the local government, based on a submission by these persons, shall within a period of one year grant an apartment appropriate to their state of health, except for the cases when the owner ensures them with equivalent residential premises.

[31 March 1994; 25 November 1996]

Division 5
Final Provisions

Section 18.

[31 March 1994]

Section 19.

[31 March 1994]

Transitional Provisions

1. The Cabinet shall ensure that the State Archives up to 1 June 1996 issue the necessary information to persons who have submitted a claim regarding the denationalisation of a building property and up to 1 April 1996 have requested information from the Archives.

2. In the City of Riga, all decisions that are associated with the denationalisation of building properties, shall be taken by the suburb (district) boards, if the Riga City Council does not include the taking of these decisions within its competence.

[23 August 1995; 25 November 1996]

Chairperson of the Supreme Council
of the Republic of Latvia A. Gorbunovs

Secretary of the Supreme Council
of the Republic of Latvia I. Daudišs

Rīga, 30 October 1991

 


Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)

 
Document information
Status:
In force
in force
Issuer: Supreme Council Type: law Adoption: 30.10.1991.Entry into force: 01.01.1992.Theme:  Immovable property, constructionPublication: Latvijas Republikas Augstākās Padomes un Valdības Ziņotājs, 46, 21.11.1991.; Diena, 223, 15.11.1991.
Language:
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