Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
22 August 1996 [shall come
into force on 19 September1996];
28 November 1996 [shall come into force on 1 January
1997];
11 June 1997 [shall come into force on 11 July
1997];
7 May 1998 [shall come into force on 2 June 1998];
16 December 1999 [shall come into force on 1 January
2000];
3 August 2000 [shall come into force on 6 September
2000];
26 October 2000 [shall come into force on 1 November
2000];
14 December 2000 [shall come into force on 30 December
2000];
5 July 2001 [shall come into force on 3 August
2001];
27 June 2002 [shall come into force on 1 August
2002];
30 October 2003 [shall come into force on 1 January
2004];
20 November 2003 [shall come into force on 28 November
2003];
7 April 2004 [shall come into force on 12 May
2004];
24 February 2005 [shall come into force on 23 March
2005];
15 December 2005 [shall come into force on 1 January
2006];
18 May 2006 [shall come into force on 1 July 2006];
6 June 2006 (Constitutional Court Judgment) [shall come
into force on 6 June 2006];
19 April 2007 [shall come into force on 19 May
2007];
21 February 2008 [shall come into force on 27 March
2008];
12 February 2009 [shall come into force on 11 March
2009];
15 April 2009 (Constitutional Court Judgment) [shall come
into force on 21 April 2009];
12 June 2009 [shall come into force on 1 July
2009];
16 July 2009 [shall come into force on 13 August
2009];
22 October 2009 [shall come into force on 1 November
2009];
28 January 2010 [shall come into force on 3 March
2010];
16 June 2010 [shall come into force on 20 July
2010];
27 January 2011 (Constitutional Court Judgment) [shall
come into force on 1 February 2011];
21 February 2013 [shall come into force on 21 March
2013];
19 September 2013 [shall come into force on 1 January
2014];
16 January 2014 [shall come into force on 1 February
2014];
19 June 2014 [shall come into force on 1 October
2014];
1 June 2017 [shall come into force on 27 June
2017];
12 April 2018 (Constitutional Court Judgment) [shall come
into force on 12 April 2018];
13 June 2019 [shall come into force on 12 July
2019];
17 June 2021 [shall come into force on 1 July 2021].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
On Privatisation of State and
Local Government Residential Houses
Chapter I
General Provisions
Section 1. Terms Used in the Law
The following terms are used in the Law:
1) apartment house - a residential house where,
pursuant to the cadastral survey file, 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
intended for living and enclosed from the remainder of the
apartment house which is marked as an apartment in the cadastral
survey file and to which belongs its walls, internal separating
walls, ceilings, floors, their finishes, windows, doors, pipes,
flues, 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 borders of the complex
of premises, and also auxiliary rooms and auxiliary buildings
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) communal apartment - an apartment the residential
spaces of which are used on the basis of individually concluded
residential tenancy agreements and the auxiliary rooms of which
are transferred for collective use;
5) part of a house in joint property - a part of an
apartment house comprising external walls, the partition walls of
apartments, non-residential premises or artist's workshops, roof,
attic, staircases, basements, and also windows, doors,
communications, facilities and other functionally indivisible
elements associated with the use of the house which 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
in the house;
7) [7 April 2004];
8) artist's workshop - non-residential premises or a
complex of premises in an apartment house which is marked as an
artist's workshop in the cadastral survey file and which is not
functionally associated with any of the apartments in the house
and to which belongs its walls, internal separating walls,
ceilings, floors, their finishes, windows and doors, pipes,
flues, 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 borders of the complex
of premises, and also auxiliary rooms and auxiliary buildings
existing outside the artist's workshop and functionally connected
thereto (basement, toilet, shed);
9) non-residential premises - premises or a complex of
premises in an apartment house which is marked as non-residential
premises in the cadastral survey file and which is not
functionally associated with any of apartments or artist's
workshops in the house and to which belongs its walls, internal
separating walls, ceilings, floors, their finishes, windows and
doors, pipes, flues, 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
borders of the complex of premises, and also auxiliary rooms 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 right to a non-citizen passport issued by the Republic of
Latvia;
11) privatisation - a set of activities as a result of
which the apartments, non-residential premises, artist's
workshops in State or local government residential houses, single
dwellings or apartment houses are acquired into ownership by
natural persons and legal persons;
12) technical execution of privatisation - a set of
legal and organisational and 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 cadastral survey file and
auxiliary buildings functionally connected thereto;
15) transfer of an 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 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 and technical activities
to be performed in order to specify the land parcel that is
functionally necessary for a residential house and to register
the house or the house and land in the Land Register until the
commencement of privatisation 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 the maintenance and management of which is
partly or completely performed using the funds of the local
government budget and in which apartments are rented in
accordance with the procedures specified in the 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
specialised or higher education at the 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) land parcel that is functionally necessary for a
residential house - the land on which a residential house has
been built, the elements of infrastructure, utilities, and
communications necessary for the maintenance, management, and
functioning thereof which have been indicated in the detailed
plan of such land parcel;
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; 19 June
2014]
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 is to develop the immovable property market and to
promote the putting into order of residential houses by
protecting the interests of residents.
Section 3. Openness and Voluntary
Nature of Privatisation
(1) Privatisation shall be performed openly by informing
society of privatisation objects and explaining the conditions
and procedures for 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 and legal person has the right to receive
information on privatisation objects, conditions and procedures
for privatisation.
(4) Tenants and lessees of apartments, artist's workshops in
State and local government apartment houses as well as single
dwellings shall privatise them on a voluntary basis.
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 concluding a purchase contract or by receiving the
privatisation object into ownership free of charge and entering
into an agreement.
(2) A privatisation object may be 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 through a public auction;
3) a land owner purchases the privatisation object offered to
the public.
Section 5. Means and Procedures of
Payment
(1) Payments for the privatised object shall be made in
privatisation certificates and euros in accordance with Sections
45 and 46 of this Law.
(2) The Cabinet shall specify a person (it can also be a
private person) (hereinafter - the authority specified by the
Cabinet) to whose account the payments for the objects referred
to in Section 45, Paragraph three, Section 73.3,
Paragraph nine, and Section 73.4, Paragraph six of
this Law are transferred starting from 1 March 2014.
[19 September 2013; 16 January 2014]
Section 6. Persons who have the
Right to Privatise Apartments, Non-residential Premises, Artist's
Workshops as well as Single Dwellings and Apartment Houses
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 who are Latvian
citizens, non-citizens, and persons who have received a permanent
residence permit;
2) owners of privatisation certificates who are legal persons
who have the right to purchase land in accordance with the laws
in force, except for the State, local governments, and capital
companies in which State or local government capital shares
separately or combined exceed 50 per cent.
[18 May 2006]
Chapter II
Privatisation Object
Section 7. Privatisation Object if
the Residential House is Located on the Land Owned by the State
or Local Government
(1) If an apartment house is completely or partly located on
the land owned by the State or local government and restrictions
to its acquisition into ownership are applicable to even one of
the privatising persons in accordance with the law On Land
Privatisation in Rural Areas, the law On Land Reform in the
Cities of the Republic of Latvia, the Railway Law or other laws,
the privatisation object shall be an apartment (the total
undivided share of the apartment), non-residential premises, or
an artist's workshop in a residential house together with the
corresponding undivided share of the residential house in joint
property. The owner of the privatised object shall have the lease
rights of the land parcel owned by the State or local government
for 99 years.
(2) If an apartment house is completely or partly located on
the land owned by the State or local government, the
privatisation object shall be an apartment (the total undivided
share of the apartment), non-residential premises, or an artist's
workshop in a residential house together with the corresponding
undivided share of the residential house in joint property and
the undivided share of the land parcel owned by the State or
local government, except for the cases referred to in Paragraph
one of this Section.
(3) If a single dwelling or apartment house is completely or
partly located on the land owned by the State or local government
and restrictions to its acquisition into ownership are applicable
to the privatising person in accordance with the law On Land
Privatisation in Rural Areas, the law On Land Reform in the
Cities of the Republic of Latvia, the Railway Law or other laws,
the privatisation object shall be the single dwelling or
undivided share thereof or the apartment house. The owner of the
privatised object shall have the lease rights of the land parcel
owned by the State or local government for 99 years.
(4) If a single dwelling or apartment house is completely or
partly located on the land owned by the State or local
government, the privatisation object shall be the single dwelling
or undivided share thereof or the apartment house together with
the land parcel owned by the State or local government, except
for the cases referred to in Paragraphs three, five, and six of
this Section.
(5) If a single dwelling or apartment house is located on the
land owned by the State or local government which is partly
located within the red lines of roads, streets, or driveways
marked in the spatial plan approved by a local government
council, such land may be divided in accordance with the
provisions of the laws and regulations governing general spatial
planning, use, and building by separating such land which is
located within the red lines of roads, streets, or driveways.
After the privatisation restriction referred to in this Paragraph
no longer exists, namely after division of the land owned by the
State or local government, the privatisation object shall be a
single dwelling or undivided share thereof, an apartment house,
an apartment, artist's workshop, or non-residential premises in a
residential house together with a respective undivided share of
the residential house in joint property, and an undivided share
of the land parcel under the residential house which is not
located within the red lines of roads, streets, or driveways.
(6) If a single dwelling or apartment house is completely or
partly located on the land owned by the State or local government
on which buildings that cannot be privatised in accordance with
the procedures laid down in this Law are also located, this land
may be divided in accordance with the provisions of the laws and
regulations governing general spatial planning, use, and
building. After the privatisation restriction referred to in this
Paragraph no longer exists, namely after division of the land
owned by the State or local government, the privatisation object
shall be a single dwelling or undivided share thereof, an
apartment house, or an apartment (the total undivided share of
the apartment), an artist's workshop, or non-residential premises
in a residential house together with a respective undivided share
of the residential house in joint property and an undivided share
of the separated land parcel owned by the State or local
government.
(7) If a single dwelling or apartment house is completely or
partly located on the land owned by the State or local government
which is located within the red lines of roads, streets, or
driveways marked in the spatial plan approved by a local
government council or on which buildings that cannot be
privatised in accordance with the procedures laid down in this
Law are also located, and the land may not be divided in
accordance with the requirements of Paragraph five or six of this
Section, the owner of the privatised object shall have the lease
rights of the land parcel owned by the State or local government
for 99 years.
[27 June 2002; 18 May 2006; 19 June 2014]
Section 7.1 Privatisation
Object if the Residential House is Located on the Land in Joint
Property of the State or Local Government and a Natural or Legal
Person
(1) If a single dwelling or apartment house is completely or
partly located on the land in joint property of the State or
local government and a natural or legal person, such land may be
divided into actual shares in proportion to the size of the
undivided shares owned by the State or local government and a
natural or legal person upon mutual agreement between the joint
owners by imposing certain servitudes, where necessary, on one
share in favour of the other share. In dividing land in joint
property, the laws and regulations regarding general spatial
planning, use, and building shall be followed.
(2) After the privatisation restriction referred to in
Paragraph one of this Section no longer exists, namely after the
actual division of the land in joint property of the State or
local government and a natural or legal person, the privatisation
object shall be a single dwelling or undivided share thereof, an
apartment house, or an apartment (the total undivided share of
the apartment), an artist's workshop, or non-residential premises
in a residential house together with a respective undivided share
of the residential house in joint property and an undivided share
of the separated land parcel owned by the State or local
government.
[19 June 2014 / See Paragraphs 48 and 49 of Transitional
Provisions]
Section 8. Privatisation Object if
the Residential House is Located on the Land Owned by a Natural
or Legal Person
If a single dwelling or apartment house is located on the land
owned by a natural or legal person, the privatisation object
shall be an apartment (the total undivided share of the
apartment), an artist's workshop, or non-residential premises in
the apartment house together with the corresponding undivided
share of the part of the house in joint property or the single
dwelling or undivided share thereof, or the apartment house.
[16 December 1999; 27 June 2002; 18 May 2006]
Section 8.1 Decision on
Commencement of Privatisation of a Residential House
(1) The authority specified by the Cabinet (hereinafter - the
authority carrying out privatisation of State residential houses)
shall take the decision on commencement of privatisation of a
residential house.
(2) A local government council shall take the decision on
commencement of privatisation of a local government residential
house.
[11 June 1997; 20 November 2003; 21 February 2008; 12 June
2009; 13 June 2019]
Chapter III
Conditions to be Complied with in Offering a Separate Apartment,
Non-residential Premises, Artist's Workshop, Single Dwelling or
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
local government and any other person, the part of the joint
property owned by the State or local government shall be
privatised as apartments, artist's workshops, or non-residential
premises if previously the ownership rights of the State or local
government to individual apartments, artist's workshops, or
non-residential premises have been specified in accordance with
the 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,
i.e. apartments, non-residential premises or artist's workshops,
has not been reached among joint owners in accordance with
Paragraph 20 of the Transitional Provisions of this Law, the
State or local government shall sell its undivided share of the
joint property at an auction in accordance with a respective
Cabinet order or a decision of the relevant local government
council, the Law on the Alienation of the Property of a Public
Person, and this Law.
(3) If a single dwelling is a joint property of the State or
local government and any other person, the part of the joint
property belonging to the State or local government may be
privatised by the joint owner (joint owners) thereof.
[16 December 1999; 18 May 2006; 21 February 2013]
Section 10. Conditions of
Privatisation if a Residential House has been Nationalised or
Illegally Alienated
A single dwelling or undivided share thereof, or an apartment
house as well as an apartment, non-residential premises, and
artist's workshop in an 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;
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 apartment house, apartment,
non-residential premises, and artist's workshop in a house which
has been recognised as a cultural monument, and also an
apartment, non-residential premises, an artist's workshop, single
dwelling or 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 may be privatised if the status of service
apartment has been previously withdrawn.
Chapter IV
Sequence for the Privatisation of Single Dwellings or Apartment
Houses, Apartments, Non-residential Premises, and Artist's
Workshops that are Located in Apartment Houses Built on the Land
Belonging to the State or Local Government
Section 13. Sequence for the
Privatisation of an Apartment or Single Dwelling for the Use of
which a Residential Tenancy Agreement has been Concluded
(1) Any apartment for the use of which a residential tenancy
agreement has been concluded (hereinafter - the rented apartment)
shall be offered for privatisation to the tenant of such
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 which is notarised or certified by a
privatisation commission regarding which one of them will
privatise the rented apartment. If the tenant of the apartment
and his or her family members wish to privatise the apartment as
a joint property, the subsequent procedures for use of
residential premises shall be provided for in the abovementioned
deed of agreement;
2) a claim regarding termination of the tenancy agreement 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 which one of them 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 for
the case provided for in Paragraph four of this Section.
(4) The 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 which is notarised or certified by a
privatisation commission with the person who wishes to privatise
the abovementioned apartment. In such case the tenant shall
preserve the rights of use of residential space unless provided
otherwise in the agreement.
(5) A single dwelling regarding the use of which a residential
tenancy agreement has been concluded (hereinafter - the 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 the
Privatisation of Communal Apartments
(1) A communal apartment may be privatised in accordance with
the procedures specified in Paragraph three or 3.1 of
this Section.
(2) Any communal apartment shall be offered for privatisation
to each tenant of the residential space of such apartment and his
or her family members.
(3) A communal apartment may be privatised if:
1) the tenants of the apartment and their family members enter
into an agreement which is notarised or certified by a
privatisation commission regarding which one of them will
privatise the apartment. If tenants of the apartment and their
family members wish to privatise the apartment as a joint
property, the subsequent procedures for use of residential
premises shall be provided for in the abovementioned deed of
agreement;
2) a claim regarding termination of the tenancy agreement and
eviction of the tenant and his or her family members has not been
brought to the court.
(31) A tenant of a communal apartment and his or
her family members may privatise the undivided share of the
communal apartment according to the area of the apartment rented
by him or her if:
1) the tenants of the communal apartment and their family
members have refused from privatisation of the communal apartment
in accordance with the procedures specified in Paragraph two of
this Section;
11) the tenant of the communal apartment and his or
her family members shall enter into an agreement which is
notarised or certified by a privatisation commission regarding
which one of them will privatise the undivided share of the
communal apartment;
2) a claim regarding termination of such tenancy agreements
and eviction of such tenants and their family members who wish to
privatise the undivided share of the communal apartment has not
been brought to the court;
3) an agreement with an authority authorised by a State or
local government regarding subsequent procedures for use of the
communal apartment has been entered into.
(4) If tenants and their family members do not reach an
agreement regarding which one of them will privatise the communal
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 communal apartment in future in
conformity with the procedures specified in this Law, except for
the case provided for in Paragraph five of this Section.
(5) The person indicated in Section 6 of this Law may
privatise the communal 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 which is notarised or certified by a
privatisation commission with the person who wishes to privatise
the abovementioned apartment. In such case the tenant shall
preserve the rights of use of residential space unless provided
otherwise in the agreement.
(6) If separate residential spaces of a communal apartment
have not been rented, a tenant (tenants) of the communal
apartment and his or her family members shall privatise the
entire communal 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 the Use of
which a Residential Tenancy Agreement has not been Concluded
(1) An apartment regarding the use of which a residential
tenancy agreement has not been concluded (hereinafter - the
unrented apartment) shall be offered for privatisation to the
public in a public auction. The following natural persons shall
be the first to participate therein:
1) who rent residential space in denationalised houses or
houses returned to the lawful owners on the basis of a
residential tenancy agreement which has been concluded 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 residential tenancy agreement 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;
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 none of the persons referred to in Paragraph one of
this Section have applied to privatise the unrented apartment,
the following natural persons who have applied to a public
auction shall participate concurrently in the auction:
1) who rent residential space in the 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 on return to the lawful owner has been taken or
regarding which a decision on restoration of ownership rights has
been taken, or in a house the former owner of which or heirs
thereof have submitted an application for 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 agreement has been concluded 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 communal apartment for more
than five years;
5) who rent residential space without facilities for more than
40 years;
6) who are to be evicted from the rented residential premises
pursuant to a judgment of a court which has come into lawful
effect without provision with another residential space.
(3) If none of the persons referred to in Paragraphs one and
two of this Section have applied to privatise the unrented
apartment, only the natural persons who have property
compensation certificates and who have applied to the auction
shall participate in the public auction.
(4) If none of the persons referred to in Paragraphs one, two,
and three of this Section have applied to privatise the unrented
apartment, such natural and legal persons which are owners of
property compensation certificates of any type and which have
applied to the auction shall participate in the public
auction.
(5) A person who has privatised the 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 the unrented apartment only once.
(7) A single dwelling regarding the use of which a residential
tenancy agreement has not been concluded (hereinafter - the
unrented single dwelling) shall be privatised in compliance with
the provisions of this Section.
(8) An unrented local government apartment or a single
dwelling by a decision of the local government council and an
unrented State apartment or a single dwelling by a decision of
the authority carrying out privatisation of State residential
houses may be offered for privatisation at a public auction by
making payments in euros.
[7 April 2004; 24 February 2005; 21 February 2008; 12 June
2009; 19 September 2013; 13 June 2019]
Section 16. Sequence for
Privatisation of an Apartment House where the Apartments,
Non-residential Premises, and Artist's Workshops are not Rented
or Leased
(1) An apartment house where the apartments, non-residential
premises, and artist's workshops are not rented or leased
(hereinafter - the unrented apartment house) shall be offered for
privatisation as one whole object. A decision on privatisation of
the unrented apartment house as one whole object shall be taken
by a local government council or the authority carrying out
privatisation of State residential houses.
(2) The unrented apartment house shall be offered for
privatisation to the public as one whole object at a public
auction by making payments in euros.
(3) [24 February 2005]
(4) [24 February 2005]
[11 June 1997; 20 November 2003; 24 February 2005; 21
February 2008; 12 June 2009; 19 September 2013; 13 June
2019]
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;
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 laws and regulations. This provision
shall not apply to an artist's workshop regarding the use of
which a lease contract has been concluded 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
validity of the 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 of validity of the lease
contract in compliance with the procedures specified in this
Law.
(4) An artist's workshop the lessee of which is not entitled
to privatise it as well as an artist's workshop regarding the use
of which a lease contract of non-residential premises has not
been concluded (hereinafter - the unleased artist's workshop)
shall be offered for privatisation in a public auction only to
the artists who are 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 the use of which a
lease contract of non-residential premises has been concluded
(hereinafter - the 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 concluded 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;
4) taxes have been paid.
(3) Non-residential premises which the lessee refuses to
privatise or is not entitled to privatise or regarding the use of
which a lease contract has not been concluded shall be offered
for privatisation to the public in a public auction where at
first natural and legal persons who have property compensation
certificates participate.
(4) If none of the persons who have property compensation
certificates have applied to privatise the non-residential
premises referred to in Paragraph three of this Section, such
natural and legal persons which are owners of property
compensation certificates of any type and which have applied to
the auction shall participate in the public 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 Apartment
Houses as well as Apartments, Non-residential Premises, and
Artist's Workshops that are Located in Apartment Houses Built on
the Land Belonging to Natural or Legal Persons
Section 19. Sequence for
Privatisation of the 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 which is notarised or certified by a
privatisation commission regarding which one of them will
privatise the rented apartment. If the tenant of the apartment
and his or her family members wish to privatise the apartment as
a joint property, the subsequent procedures for use of
residential premises shall be provided for in the abovementioned
deed of agreement;
2) a claim regarding termination of the tenancy agreement 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 which one of them 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 for
the case provided for in Paragraph four of this Section.
(4) An owner of the land parcel on whose land the 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 which is notarised or
certified by a privatisation commission with the person who
wishes to privatise the abovementioned apartment.
(5) A single dwelling that is rented out shall be privatised
in accordance with this Section.
[22 August 1996; 7 May 1998]
Section 20. Sequence for the
Privatisation of Communal Apartments
(1) A communal apartment may be privatised in accordance with
the procedures specified in Paragraph three or 3.1 of
this Section.
(2) Any communal apartment shall be offered for privatisation
to each tenant of the residential space of such apartment and his
or her family members.
(3) A communal apartment may be privatised if:
1) the tenants of the apartment and their family members enter
into an agreement which is notarised or certified by a
privatisation commission regarding which one of them will
privatise the apartment. If tenants of the apartment and their
family members wish to privatise the apartment as a joint
property, the subsequent procedures for use of residential
premises shall be provided for in the abovementioned deed of
agreement;
2) a claim regarding termination of the tenancy agreement and
eviction of the tenant and his or her family members has not been
brought to the court.
(31) A tenant of a communal apartment and his or
her family members may privatise the undivided share of the
communal apartment according to the area of the apartment rented
by him or her if:
1) the tenants of the communal apartment and their family
members have refused from privatisation of the communal apartment
in accordance with the procedures specified in Paragraph two of
this Section;
11) the tenant of the communal apartment and his or
her family members shall enter into an agreement which is
notarised or certified by a privatisation commission regarding
which one of them will privatise the undivided share of the
communal apartment;
2) a claim regarding termination of such tenancy agreements
and eviction of such tenants and their family members who wish to
privatise the undivided share of the communal apartment has not
been brought to the court;
3) an agreement with an authority authorised by a State or
local government regarding subsequent procedures for use of the
communal apartment has been entered into.
(4) If tenants and their family members do not reach an
agreement regarding which one of them will privatise the communal
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 communal apartment in future in
conformity with the procedures specified in this Law, except for
the case provided for in Paragraph five of this Section.
(5) An owner of the land parcel on whose land the 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 which is notarised or certified by a
privatisation commission with the person who wishes to privatise
the abovementioned apartment.
(6) If separate residential spaces of a communal apartment
have not been rented, a tenant (tenants) of the communal
apartment and his or her family members shall privatise the
entire communal 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 the Unrented Apartment
(1) The unrented apartment shall be offered for privatisation
to the public in a public auction. The following natural persons
shall be the first to participate therein:
1) who rent residential space in denationalised houses or
houses returned to the lawful owners on the basis of a
residential tenancy agreement which has been concluded 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 residential tenancy agreement 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;
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 none of the persons referred to in Paragraph one of
this Section have applied to privatise the unrented apartment,
the following natural persons who have applied to a public
auction shall participate concurrently in the auction:
1) who rent residential space in the 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 on return to the lawful owner has been taken or
regarding which a decision on restoration of ownership rights has
been taken, or in a house the former owner of which or heirs
thereof have submitted an application for 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 agreement has been concluded 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 communal apartment for more
than five years;
5) who rent residential space without facilities for more than
40 years;
6) who are to be evicted from the rented residential premises
pursuant to a judgment of a court which has come into lawful
effect without provision with another residential space.
(3) If none of the persons referred to in Paragraphs one and
two of this Section have applied to privatise the unrented
apartment, only the natural persons who have property
compensation certificates and who have applied to the auction
shall participate in the public auction.
(4) If none of the persons referred to in Paragraphs one, two,
and three of this Section have applied to privatise the unrented
apartment, such natural and legal persons which are owners of
property compensation certificates of any type and which have
applied to the auction shall participate in the public
auction.
(5) A person who has privatised the 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 the unrented apartment only once.
(7) An owner of the land parcel on whose land a residential
house has been built has the right, upon his or her choice, to
privatise one unrented apartment which exists in the house and is
offered for privatisation to the public 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 of privatisation of the unrented apartment in a
public 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 has been previously presented by the
land owner to the privatisation commission. In privatising any
other privatisation object provided for in this Law, the owner of
the land parcel shall have to observe the sequence and the
procedures of privatisation specified in this Law. The successor
in title of the owner of the land parcel does not have the rights
referred to in this Law if the previous owner of the land parcel
has already used them.
(8) An unrented local government apartment or a single
dwelling by a decision of the local government council and an
unrented State apartment or a single dwelling by a decision of
the authority carrying out privatisation of State residential
houses may be offered for privatisation at a public auction by
making payments in euros.
[7 April 2004; 24 February 2005; 21 February 2008; 12 June
2009; 19 September 2013; 13 June 2019]
Section 22. Sequence for
Privatisation of the Unrented Single Dwelling or Unrented
Apartment House
(1) The unrented single dwelling shall be at first offered for
privatisation to an owner of the land parcel which is a natural
or legal person on whose land a residential house has been built.
If the unrented single dwelling is located on the 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 land parcel has
the rights to privatise the unrented single dwelling. If land
owners agree to privatise the house as a joint property, they
shall enter into an agreement which is notarised or certified by
a privatisation commission. The procedures for utilisation of the
referred to single dwelling shall be provided for in the deed of
agreement. If the unrented single dwelling is concurrently
located on the land of the State or local governments and a
natural or legal person, the privatisation commission shall offer
the house for privatisation to the land owner which is a natural
or legal person.
(2) If an owner of the land parcel refuses to privatise the
single dwelling referred to in Paragraph one of this Section, it
shall be offered for privatisation to the public at a public
auction by making payments in euros.
(3) The unrented apartment house shall be offered for
privatisation as one whole object. A decision on privatisation of
the unrented apartment house as one whole object shall be taken
by a local government council or the authority carrying out
privatisation of State residential houses.
(4) The unrented 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 the land parcel refuses to privatise the respective
apartment house, the privatisation commission shall offer it for
privatisation to the public at a public auction by making
payments in euros.
(5) [24 February 2005]
(6) An owner of the land parcel shall privatise the unrented
single dwelling for certificates but the unrented apartment house
- by making payments in euros.
[11 June 1997; 20 November 2003; 24 February 2005; 21
February 2008; 12 June 2009; 19 September 2013; 13 June
2019]
Section 23. Sequence for
Privatisation of an Artist's Workshop
An artist's workshop that is located in an apartment house
which is built on the land of a natural or legal person shall be
privatised in conformity with Section 17 of this Law.
Section 24. Sequence for
Privatisation of Non-residential Premises
The leased and unleased non-residential premises (except for
artist's workshop) that are located in an apartment house which
is built on the land of a natural or 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 apartment houses as
well as apartment houses with non-residential premises shall be
evaluated and offered for privatisation.
[7 May 1998]
Section 26. Institutions which
Perform the Evaluation of a Privatisation Object
(1) The privatisation commission shall organise and perform
preparation of the documents (survey files of a residential
house, documents confirming land ownership rights, residential
tenancy agreements, 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 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 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;
4) cadastral value of the land parcel 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;
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 for 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 the decision to reduce the initial auction price.
(5) In specifying the initial auction price of non-residential
premises (except for an 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 the decision to
reduce the initial auction price.
(6) Payment for lease rights of the land parcel belonging to
the State or local government for 99 years shall be equivalent to
the purchase price of the same land parcel in buying it for
ownership.
[26 October 2000]
Section 28. Determination of the
Land Parcel That is Functionally Necessary for a Residential
House to be Privatised
(1) The area and borders of the land parcel that is
functionally necessary for a residential house to be privatised
shall be determined in the following cases:
1) the land parcel owned by the State or local government is
to be privatised in accordance with the procedures laid down in
this Law;
2) the land parcel owned by the State or local government is
to be transferred for lease for 99 years in accordance with the
procedures laid down in this Law;
3) the State or local government residential house to be
privatised is completely or partly located on the land owned by a
natural or legal person.
(2) In determining the land parcel that is functionally
necessary for a residential house to be privatised, the
provisions of laws and regulations regarding general spatial
planning, use, and building shall be followed, in particular:
1) the existing building;
2) the building parameters;
3) the planning rules for courtyards;
4) the need to ensure access to and availability of transport
infrastructure, necessary engineering communications networks
etc.;
5) the need to ensure that after determination of the land
parcel that is functionally necessary for the residential house
to be privatised the owner of the land parcel would be able to
use the remaining part of the land parcel according to the
determined purpose of use.
(3) A local government council or an authority authorised
thereby, or the authority carrying out privatisation of State
residential houses shall determine the area and borders of the
land parcel that is functionally necessary for a residential
house to be privatised.
(4) The land parcel that is functionally necessary for a
residential house to be privatised shall be determined during the
preparation process of the privatisation of the residential house
in accordance with the procedures laid down by the Cabinet.
[19 June 2014; 13 June 2019]
Chapter VII
Notification of Privatisation and Provision of Response
Thereto
Section 29. Offer to Privatise the
Specific Privatisation Object
(1) The privatisation commission shall, not later than within
three months after taking the decision to commence privatisation
of a residential house, offer the following persons to purchase a
privatisation object, sending a notification thereof:
1) to the tenant of a rented residential space or single
dwelling by 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 the lessee of the leased artist's workshop by 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 the leased non-residential premises by
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 by offering him or her to privatise the
unrented single dwelling or apartment house (Section 22,
Paragraphs one and four);
5) to the joint owner of a single dwelling by offering him or
her to privatise a part of the joint property of the single
dwelling belonging to the 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 the unrented residential house is built on the land of
several land owners, the privatisation notification shall be sent
in conformity to the provisions of Section 22, Paragraph one of
this Law.
(4) The 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 of 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 the
Privatisation Notification
The following shall be indicated in the privatisation
notification:
1) the given name and surname or the official name 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 land parcel on which the residential house
to be privatised has been built;
4) the value of the privatisation object;
5) the rights and obligations of a tenant (his or her family
members), lessee, joint owner of a single dwelling or owner of
the land parcel 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 the
notification of privatisation of an apartment has not introduced
the family members with the notification;
7) the time period by which a response to the privatisation
notification should be provided;
8) the place where the privatisation application should be
submitted and information on the privatisation object could be
received.
[7 May 1998; 16 December 1999]
Section 31. Response to the
Privatisation Notification
The persons referred to in Section 29, Paragraph one of this
Law shall respond to the privatisation notification by submitting
the privatisation application or the refusal to privatise the
offered privatisation object.
Section 32. Submission of the
Privatisation Application
(1) A person who wishes to privatise the privatisation object
indicated in the notification shall submit the privatisation
application to the privatisation commission within 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. Within the specified
time period, 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 the
privatisation application as well as pay taxes. In case of
non-payment of the debt and non-fulfilment of the contractual
obligations, the privatisation application shall not be
accepted.
(3) In the 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
which is notarised or certified by a privatisation commission
regarding which person or persons will privatise the
privatisation object offered to them shall be submitted
concurrently with the privatisation application.
(4) In the case specified in Section 47 of this Law, the
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 the privatisation application.
[22 August 1996; 7 May 1998]
Section 33. Content of the
Privatisation Application
(1) The following shall be indicated in the 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
wishes 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 on the payments for tenancy, lease, and public
utility services;
6) a resolution to undertake the liabilities of joint
administration and management of an 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 one month from
the day of receipt of the notification.
(2) Non-provision of a response to the notification within the
period of time specified in Paragraph one of this Section shall
also be regarded as 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 deprive them of the right
to submit the privatisation application later, but not later than
until 31 August 2006; if the decision to commence privatisation
of a residential house has been taken after 28 February 2006 -
within six months after a local government council or the
authority performing privatisation of State residential houses
has taken the decision to commence privatisation of the
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; 12 June 2009; 13 June 2019]
Section 34.1 Notification
of Concluding a Purchase Contract
(1) The privatisation commission shall send a notification of
concluding 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 one month after the decision to
commence privatisation of the residential house has been
taken.
(2) The following shall be indicated in the notification of
concluding 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 land parcel on which the residential house
to be privatised has been built;
4) the time period until which the purchase contract shall be
concluded, and the place where information on the procedures for
concluding the purchase contract may be received;
5) the consequences of not concluding the purchase contract in
the time period indicated in the notification.
(3) The notification of concluding a purchase contract shall
be regarded as received from the day when a person who has
acquired an apartment, artist's workshop, or non-residential
premises into ownership until privatisation of the 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 Public Auction
Section 35. Time Period in which
Privatisation of an Object in a Public Auction shall be
Commenced
(1) The privatisation commission shall, not later that within
a month after evaluation of 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, offer them for privatisation to the public in
a public auction in conformity with the sequence determined by
this Law.
(2) Not later than within a 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 a public 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 at a Public Auction
(1) Any offer to privatise an object at a public auction shall
be public, namely such offer shall be placed in a visible place
at the building of the local government council and the building
of the privatisation commission, and it shall also be published
in the official gazette Latvijas Vēstnesis.
(2) Preparation of public offers for publication and the
publication thereof in the official gazette Latvijas
Vēstnesis shall be financed in accordance with the procedures
laid down by the Cabinet.
[22 August 1996; 13 June 2019]
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 and area 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 wishes to privatise
the object in a public auction shall submit the privatisation
application;
6) [5 July 2001];
7) the place where the privatisation application should be
submitted and information on the privatisation object could be
received;
8) the place and time of the auction of the privatisation
object.
(2) The privatisation commission shall indicate in the
provisions of the auction of the objects 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.
(3) In the case referred to in Section 21, Paragraph seven of
this Law, the owner of the land parcel and the time period by
which the owner of the land has to submit the privatisation
application shall be indicated in the public offer. Other persons
may submit the 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 the
Privatisation Application
(1) A person who wishes to purchase the offered privatisation
object in a public auction shall submit an application for
participation in the auction to the privatisation commission
within 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, wishes to purchase the
privatisation object indicated in the public offer shall submit
an application to the privatisation commission within 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 conclude 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 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 conclude 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, a public
auction shall be organised.
(6) If no applicant has applied for participation in a public
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 of 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, using the rights specified in Section
21, Paragraph seven of this Law, an auction shall be organised
among them.
[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 on Concluding a
Purchase Contract
(1) The privatisation commission shall take the decision to
conclude a purchase contract with the person referred to in
Section 29, Paragraph one of this Law not later than within one
month from the day when the 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 the
decision to conclude a purchase contract with the person not
later than within one month from the day when the privatisation
application of the relevant person has been received.
(3) If the privatisation object offered to the public is being
purchased in a public auction, the privatisation commission shall
take the decision to approve the results of the auction and
conclude a purchase contract with the person who has the winning
bid for the relevant privatisation object not later than within
one month from the day of the auction.
[11 June 1997]
Section 41. Concluding a Purchase
Contract
(1) The privatisation commission shall, on the basis of the
decision taken by it and a document confirming the payment (first
deposit) made by a purchaser for the privatised object, conclude
a purchase contract of the relevant object with the persons
referred to in Section 40 of this Law.
(2) The privatisation commission shall conclude 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 concluded in writing in
conformity with the provisions of Sections 1477-1484 of the Civil
Law.
(4) Upon concluding a purchase contract with a person who has
a debt of payments for tenancy, lease, house management
expenditure or public utility services at the time of concluding
the purchase contract, a pledge right to the privatised object
shall be concurrently corroborated in favour of the State or
local government according to the amount of the sum of debts at
the time of concluding 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 concluded within one month from the day when the
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 the purchaser has not concluded 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
one month from the day of sending a warning or has not notified
of the reasons which hinder the conclusion of the contact, the
privatisation commission may cancel the decision to conclude a
purchase contract, notifying the purchaser thereof. 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 of payment, the 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 restriction on the property;
9) the liability for the breach of contractual
obligations.
(3) Upon concluding 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 the decision of the privatisation commission in
accordance with the procedures specified in Section
73.5 or 73.6 of this Law.
[28 November 1996; 11 June 1997]
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 for the cases where the privatised object has been
acquired in a public 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 euros and
privatisation certificates respectively according to their
nominal value.
(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 the 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;
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 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 the concluded residential tenancy agreement also
have the right to reduction of the purchase price.
[28 November 1996; 11 June 1997; 7 May 1998; 26 October
2000; 19 September 2013]
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 current lessee in accordance
with the provisions of Sections 866-868 of the Civil Law.
(2) The privatisation commission shall, upon request of the
lessee, 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. The acquirer of
the privatised object shall pay the abovementioned sum in money
in addition to the price bid in the auction and it shall be
disbursed to the current 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 right to redeem the
privatisation object by paying also in euros.
(2) The payment procedures shall be determined by the
Cabinet.
(3) Payments for the privatised object shall be transferred to
the account of the authority specified by the Cabinet on the
basis of the decision taken by the privatisation commission.
(4) A purchaser shall settle the payment for the privatised
object within one month from the day when the privatisation
commission has taken the decision to conclude a purchase
contract, except for 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 an apartment house or an
artist's workshop, and also a natural or legal person, in
privatising non-residential premises regarding the use of which
he or she has concluded a lease contract, may pay the purchase
price in parts in compliance with 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 a public
auction to the persons who have property compensation
certificates by paying only in property compensation
certificates, except for 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 euros and 50 per cent in privatisation
certificates. If non-residential premises have been offered for
privatisation in a public auction to the persons who have
property compensation certificates, a purchaser shall settle 50
per cent of the purchase price in euros and 50 per cent in
property compensation certificates.
(8) If the 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
month from the day of sending the warning, the privatisation
commission shall revoke the decision to conclude the purchase
contract.
(9) After the privatisation commission has revoked the
decision to conclude 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 to offer 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; 19 September 2013; 16
January 2014]
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
concluding a purchase contract.
(2) A purchaser shall make the first payment which is at least
30 per cent from the purchase price within a month from the day
when the privatisation commission has taken the decision to
conclude a purchase contract.
(3) For the provision of the purchase price, the pledge rights
shall be granted in favour of the State or local government to
the privatised objects in accordance with this Law. In
corroborating ownership rights on the basis of a contract, pledge
rights in favour of the State or local government shall be
concurrently corroborated 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 demolished due to alienation of the land
parcel for the State or public needs and an apartment
(apartments) from the State or public apartment fund has been
granted to the abovementioned natural person and his or her
family members who have permanently resided together in the
demolished 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 abovementioned 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 concluded
residential tenancy agreement also have the right to acquire an
apartment or a single dwelling into ownership free of charge.
(3) If the abovementioned person has submitted the
privatisation application in accordance with the procedures
specified in Section 32 of this Law, the privatisation commission
shall, within two months from the day when the privatisation
application has been received, 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.
(4) It is compulsory to indicate the following 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) the restriction on the property;
6) the liability for the breach of contractual
obligations.
(5) If a house which has been the personal property of a
natural person has been demolished due to alienation of the land
parcel 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 abovementioned natural
person and his or her family members who have permanently resided
together in the demolished house as a compensation for the
alienated property, the abovementioned 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 the land parcel 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 abovementioned 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
Corroboration of Ownership Rights
Section 48. Corroboration of
Ownership Rights of a Privatised Object
(1) Only such person shall be recognised as 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 corroborated in the Land Register in
accordance with the procedures specified in the Land Register Law
and the law On the Entering of Immovable Property in Land
Registers.
(2) Upon corroborating ownership rights to an apartment, the
undivided share of a joint property shall be indicated
concurrently.
(3) Upon corroborating ownership rights to privatised
non-residential premises and artist's workshops, the procedures
for corroborating ownership rights of privatised apartments shall
be applied.
(4) Ownership rights shall be corroborated on the basis of the
concluded purchase contract, except for the case referred to in
Section 49 of this Law. Encumbrances, debts, and securities 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, until the
transfer of the privatised residential house in the
administration of apartment owners and on the basis of a
statement of an immovable property evaluation service, take the
decision regarding updating of entries regarding the undivided
share of a joint property or other entries made in the Land
Register.
[11 June 1997; 16 December 1999]
Section 49. Corroboration 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 single dwelling into
ownership free of charge has been entered into, the ownership
rights shall be corroborated on the basis of the respective
agreement.
Chapter XI
Administration of a Privatised Residential House
[26 October 2000]
Section 50. Obligations of the Owner
of a Privatised Object
(1) An owner of a privatised object (hereinafter also - the
apartment owner) has the obligation:
1) to comply with the conditions of the purchase contract or
agreement;
2) to participate in the joint administration and management
of the apartment house by joining with the other owners of the
house in a society of apartment owners or by concluding a
contract for the administration and management of a joint
property in compliance with the laws and regulations in
force;
3) to conclude a land lease contract or to authorise the
administrator and manager of the residential house to conclude a
land lease contract with the owner, a natural or legal person, of
the land parcel on which the privatised object is located;
4) to comply with the lease or tenancy agreements concluded by
the present possessor of the privatised object and the time
periods thereof, except for the cases provided for by law.
(2) The provision of the services necessary for the
maintenance of the privatised object and settlements for them
shall occur in accordance with the relevant service contract. The
service contract shall be concluded by the owner of the
privatised object or the administrator and manager of the
residential house authorised by the owner and the service
provider in accordance with the procedures specified in the laws
and regulations governing the relevant service. Regulations for
the provision of the relevant service shall be the same for all
the owners of 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 shall, according
to the procedures specified by law and in agreement amongst
themselves, determine:
1) the procedures for the administration and management of the
residential house and the payments for this;
2) how the payment share of each apartment owner for the
service received shall be specified, and also the procedures for
the provision of services necessary for the maintenance of the
joint property share belonging to him or her.
(4) If the apartment owners have not agreed upon that referred
to in Paragraph three, Clause 1 of this Section, the Cabinet
shall determine the procedures by which an administrator
calculates the payment for the administration and management of
the residential house, draws up an estimate of the work for the
maintenance and management of the residential house, notifies the
apartment owners of the amount of payment for a specific time
period, informs the apartment owners about the costs provided for
in the estimate for a specific time period, and also prepares for
the apartment owners an annual accounting regarding the use of
the relevant payments.
(5) If the apartment owners have not agreed upon that referred
to in Paragraph three, Clause 2 of this Section, the Cabinet
shall determine the criteria for the payment procedures for the
heating, water supply, sewerage, waste 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, and also the procedures by
which the apartment owners are informed about the conditions of
the relevant contract.
(6) The provisions of Paragraphs one, two, three, four, and
five of this Section shall also apply to the State and local
government if they are apartment owners.
(7) A possessor of a State residential house or a local
government shall be obliged to administer the residential house
until transfer of the administration rights thereof to a society
of apartment owners or a person authorised by a mutual contract
of apartment owners unless all privatisation objects have been
privatised in the residential house. The possessor of the State
residential house or local government shall also be obliged to
administer the residential house if all privatisation objects
have been privatised in the residential house but the general
meeting of apartment owners has not been convened in accordance
with Section 51, Paragraph two of this Law.
(8) In administering and managing a residential house, unless
the administration rights of the residential house have been
transferred to a society of apartment owners or a person
authorised by a mutual contract of apartment owners in accordance
with the procedures laid down in Section 51 of this Law, the
possessor of the State residential house or local government has
the right to receive a payment for the service provided to the
apartment owners in the administration and management of their
private property.
[21 February 2008; 16 June 2010; 21 February 2013]
Section 51. Procedures by which the
Administration Rights of Residential House are Transferred to the
Society of Apartment Owners or the Person Authorised by the
Mutual Contract of Apartment Owners
(1) In order to establish a society of apartment owners or to
conclude a mutual contract for the 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 six months from the time when the decision
to commence privatisation of the relevant residential house has
been taken.
(2) A general meeting of apartment owners in an apartment
house to be privatised and belonging to the State shall be
convened by the possessor of the residential house, but in an
apartment house to be privatised and belonging to a local
government it shall be convened by the local government if,
regardless of the setting in of the conditions referred to in
Paragraph one of this Section, such society has not been
established or a contract has not been concluded until the
abovementioned time. A general meeting of apartment owners of the
apartment house may also be convened by one or several apartment
owners of the apartment house. All apartment owners of the
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 compliance with the
conditions of Paragraph five of this Section if not less than
half of all privatisation objects in the residential house are
privatised.
(4) If less than half of all privatisation objects in the
residential house are privatised, 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 compliance 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 for taking over of the residential house
and the following conditions are complied with:
1) the society of apartment owners has been established or the
mutual contract of apartment owners has been concluded in
accordance with the procedures specified in this Law and other
laws;
2) a decision of a community of apartment owners of the
residential house on the 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, and also a
residential house administration contract have been
submitted;
3) all participants of the society of apartment owners or
apartment owners who have concluded a mutual contract have
concluded the purchase contract provided for in Section 41 of
this Law with the privatisation commission;
4) participants of the society of apartment owners or also
apartment owners who have concluded a mutual contract represent
more than half of the number of privatisation objects in the
residential house. This provision shall not apply to the case
referred to in Paragraph four of this Section.
(51) If only one apartment property has been
privatised in a residential house and the owner of this apartment
has submitted an application for taking over of the residential
house, a local government or a possessor of a State residential
house may transfer the administration rights of the residential
house to this apartment owner by agreeing with him or her on the
procedures for the future administration and management of
non-privatised objects of the residential house.
(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 not later than within one
month 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 at least half of all privatisation objects in a
residential house are privatised but not all the conditions of
Paragraph five, Clause 4 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 in an apartment house have
not been privatised at the time of the transfer of the
administration rights thereof, a local government or a possessor
of the State residential house shall agree with a society of
apartment owners or a person authorised by the mutual contract of
apartment owners on the procedures for the future administration
and management of non-privatised objects of the residential
house.
[27 June 2002; 28 January 2010; 16 June 2010; 21 February
2013]
Section 51.1
Decision-Making Procedure of Apartment Owners without Convening a
General Meeting of Apartment Owners
(1) If the conditions referred to in Section 51, Paragraph two
of this Law have been fulfilled but apartment owners have not
taken the decision to transfer the administration rights of the
residential house to a society of apartment owners or a person
authorised by a mutual contract of apartment owners and have
failed to conclude a contract for the administration and
management of the joint property part of the residential house, a
local government, a possessor of the State residential house, or
one or several apartment owners (hereinafter - the initiator)
have the right to commence a decision-making procedure of
apartment owners without convening a general meeting of apartment
owners (hereinafter - the decision-making procedure).
(2) Within the scope of the decision-making procedure, the
initiator shall send in a registered letter or issue in return
for a signature to each apartment owner an invitation to take the
decision to transfer the administration rights of the residential
house and to transfer such rights to a person authorised by a
mutual contract of apartment owners by voting for or against the
taking of the decision (hereinafter - the invitation). The
invitation shall be accompanied by the following documents:
1) a draft decision to transfer the administration rights to
the person authorised by apartment owners. The decision to be
taken shall be worded clearly and unambiguously;
2) a draft residential house administration contract;
3) a ballot paper form providing also for a possibility to
express a dissenting opinion of an apartment owner;
4) any other documents which may be relevant to the taking of
the decision.
(3) The invitation shall specify the time period within which
an apartment owner may vote, in writing, for or against the
taking of the decision. This time period may not be shorter than
two weeks from the day the invitation is sent. If the apartment
owner has failed to provide a written response within the
specified time period, it shall be considered that he or she has
voted against the taking of the decision.
(4) The draft residential house administration contract shall
include the information to be indicated in an administration
contract and the conditions laid down in the Law on
Administration of Residential Houses.
(5) In compliance with the provisions of Paragraphs one and
two of this Section, the initiator shall, within the scope of the
decision-making procedure, draw up a written report on voting
results and send it to all apartment owners within five working
days. The voting report shall indicate the following:
1) the day of sending the invitation and the time period for
voting specified for apartment owners;
2) the decision taken and the voting results related
thereto;
3) the dissenting opinions of apartment owners indicated in
ballot papers;
4) any other information relevant to the vote.
(6) The decision to transfer the administration rights of a
residential house to the person authorised by apartment owners
which has been taken within the scope of the decision-making
procedure shall be considered taken if apartment owners who
represent more than half of the number of privatisation objects
in the residential house have voted for it.
(7) The initiator shall specify the draft contract according
to the voting results and prepare it for signing. The
administration contract shall be concluded for a period not
exceeding three years.
[16 July 2009; 21 February 2013]
Section 51.2 Transfer of
the Administration Rights of a Residential House if All
Privatisation Objects Have been Privatised in the Residential
House
(1) A possessor of a State residential house or a local
government in a local government residential house shall convene
a general meeting of apartment owners and inform apartment owners
of the obligation to sign a delivery-acceptance deed of the
residential house within six months from the day of convening the
general meeting in the following cases:
1) all privatisation objects in the residential house have
been privatised in accordance with the procedures laid down in
this Law;
2) the possessor of the State residential house or the local
government has fulfilled the obligation specified in Section 51,
Paragraph two of this Law;
3) the application for taking over of the residential house
has not been submitted in accordance with the provisions of
Section 51, Paragraph five of this Law.
(2) After convening the general meeting of apartment owners
referred to in Paragraph one of this Section, the possessor of
the State residential house or the local government shall inform
such service providers whose services provided are related to the
use of the apartment property of the fact that, upon expiry of
the time period referred to in Paragraph one of this Section, the
obligation of the possessor of the State residential property or
the local government to administer the residential house also
terminates.
(3) If the person authorised by apartment owners fails to sign
the delivery-acceptance deed of the residential house within the
time period specified in Paragraph one of this Section, the
possessor of the State residential house or the local government
shall continue keeping of the file of the relevant residential
house. The house file as well as a revenue and expenditure
account, unused savings (property, financial resources, including
money) shall be transferred to apartment owners after signing of
the delivery-acceptance deed of the residential house.
[21 February 2013]
Section 52. Actions Involving a
Privatised Object
Actions involving a privatised object, restrictions on the use
thereof, and also the administration and management procedures
shall be governed by other laws and Cabinet regulations.
Section 53. Rights of Use and
Redemption of the Land Parcel Owned by the State or Local
Government
(1) The lease rights of the land parcel owned by the State or
local government on which a residential house has been built
shall be acquired for 99 years by the owner of a privatised
apartment, non-residential premises, an artist's workshop, a
single dwelling, or an apartment house in accordance with Section
7, Paragraphs one, three, and seven of this Law.
(2) The 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
apartment house is being sold, changed or otherwise alienated
without application of the provisions of Section 2115 of the
Civil Law.
(3) If a residential house is demolished, a lessee of the land
parcel 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 the land parcel
for 99 years as a result of privatisation shall acquire the
leased land parcel into ownership without additional payment if
the conditions provided for in this Law and other laws in respect
of obtaining land into ownership have been fulfilled by
submitting a request of corroboration to a district (city)
court.
(5) A land lease contract shall be concluded for the use of
the land parcel transferred for lease for 99 years in compliance
with the conditions of this Section. Lease payment in accordance
with this contract may not exceed the amount of the land tax.
[19 June 2014; 13 June 2019]
Section 54. Rights and Obligations
of the Owner of the Land Parcel
(1) The owner of the land parcel has the obligation to
conclude a land lease contract with the owner of the privatised
object. The land lease contract shall be concluded for the use of
the land parcel which has been determined by the local government
council or an authorised authority thereof or by the authority
carrying out privatisation of State residential houses as the
land parcel that is functionally necessary for the residential
house.
(2) A lease payment of the land parcel shall be determined
upon agreement of the parties in writing.
(3) If the owner of the land parcel sells the land parcel on
which the privatisation object is located, the owner (owners) of
the privatised object has the right of first refusal thereto.
(4) If in accordance with the requirements of Section 50,
Paragraph one, Clause 3 of this Law the land lease contracts with
the owner of the land parcel have not been concluded, the owner
of the land parcel has the right to direct a claim to the court
regarding concluding a land lease contract against the person to
whom the administration and management rights of the respective
residential house have been transferred.
[18 May 2006; judgement of the Constitutional Court of 15
April 2009; 22 October 2009; 19 June 2014; 1 June 2017; judgement
of the Constitutional Court of 12 April 2018; 13 June
2019]
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 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 of this Law, 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 Lessees of Non-residential Premises and Artist's Workshops
The owner of privatised non-residential premises or an
artist's workshop may not request early termination of a lease
contract concluded by the current 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 constitute privatisation
commissions of local government residential houses and the
authority carrying out privatisation of State residential
houses.
(2) Activities of the privatisation commissions of local
government residential houses shall be governed by this Law and
the by-laws approved by the respective local government council
which have been developed in accordance with the standard by-laws
approved by the Cabinet.
[11 June 1997; 20 November 2003; 21 February 2008; 12 June
2009; 13 June 2019; 17 June 2021]
Section 58. Authority Carrying out
Privatisation of State Residential Houses
(1) The authority carrying out privatisation of State
residential houses shall perform privatisation of State
residential houses and also other tasks specified in this Law and
other laws and regulations.
(2) The authority carrying out privatisation of State
residential houses shall be under functional supervision of the
Ministry of Economics when fulfilling the tasks referred to in
Paragraph one of this Section.
(3) The actual actions and the administrative acts adopted by
the authority carrying out privatisation of State residential
houses may be appealed by a private person to court.
[12 June 2009; 13 June 2019]
Section 59. Competence of the
Authority Carrying out Privatisation of State Residential
Houses
(1) The authority carrying out privatisation of State
residential houses shall be obliged to do the following:
1) provide consultations on the matters within its competence
free of charge;
2) carry out the privatisation activities of State residential
houses and apartments, artist's workshops, and non-residential
premises existing therein that have been specified in this
Law;
3) coordinate transfer of State residential houses and parts
thereof to local governments;
4) transfer non-privatised apartments, artist's workshops,
non-residential premises in State residential houses and
non-privatised State residential houses to local governments;
5) administer the State residential houses and parts thereof
in their possession until the transfer of such residential houses
and parts thereof into the administration and management of
apartment owners in accordance with the provisions of the Civil
Law and other laws;
6) transfer State residential houses into the administration
and management of apartment owners;
7) store information on privatisation of residential houses
and ensure that it is available to local governments and other
State and local government authorities upon request.
(2) The authority carrying out privatisation of State
residential houses has the following rights:
1) to request and receive information related to privatisation
from the privatisation commissions of local government
residential houses, State and local government institutions, and
also from capital companies;
2) to perform any other functions provided for in this Law or
Cabinet regulations;
3) to participate in the organisation of administration and
management of privatised residential houses;
4) to provide paid services within its competence;
5) to request and receive free-of-charge information from
State information systems which is necessary for ensuring the
privatisation process of residential houses.
[16 June 2010; 13 June 2019; 13 June 2019; 17 June
2021]
Section 60. Privatisation
Commissions of Local Government Residential Houses
(1) A relevant local government council shall establish a
privatisation commission of local government residential houses
composed of five members and shall appoint the chairperson
thereof.
(2) The privatisation commission of local government
residential houses shall organise privatisation of State and
local government residential houses located in the administrative
territory of the relevant local government.
(3) Activity of the privatisation commission of local
government residential houses shall be financed from the budget
of the relevant local government.
[17 June 2021]
Section 61. Functions of
Privatisation Commissions of Local Government Residential
Houses
(1) Privatisation commissions of local government residential
houses shall independently, and also with the assistance of
invited experts, organise the privatisation of objects in
accordance with this Law and other laws and regulations governing
the procedures for the privatisation of such objects.
(2) Privatisation commissions of local government residential
houses shall take decisions and act independently in so far as
activities thereof are not governed by this Law or other laws and
regulations.
(3) Privatisation commissions of local government residential
houses shall, once a quarter, provide a report to the authority
carrying out privatisation of State residential houses regarding
the course of privatisation.
[20 November 2003; 21 February 2008; 12 June 2009; 13 June
2019; 17 June 2021]
Section 62. Distribution of
Responsibilities among the Members of Privatisation Commissions
of Local Government Residential Houses
(1) Privatisation commissions of local government 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 local government residential
houses shall take decisions by a majority vote 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 the wording for which the chairperson of the commission
has voted, but in his or her absence - the vice-chairperson of
the commission.
(3) Minutes shall be taken of meetings of the privatisation
commissions of local government residential houses. 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 wording 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 dissenting opinion to the
minutes in writing.
(4) Privatisation commissions of local government residential
houses shall determine independently the functions of the members
of commissions and distribution of their responsibilities within
the competence thereof.
[20 November 2003; 17 June 2021]
Section 63. Rights of the
Chairperson of a Privatisation Commission of Local Government
Residential Houses
(1) The chairperson of a privatisation commission of local
government residential houses but in his or her absence the
vice-chairperson of the commission is entitled to suspend
execution of a decision by an independently taken decision,
immediately notifying members of the commission and direct
executors of the respective decision if he or she may justify
that the respective decision of the commission is illegal.
(2) If, after having re-examined the respective decision on
the merits within one week after suspension thereof, the
privatisation commission of local government residential houses
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; 17 June 2021]
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 council has the following rights:
1) to repeal or amend illegal decisions of the privatisation
commission of residential houses or to suspend illegal activities
of the commission;
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 for the activities of privatisation
commissions of local government residential houses shall be
governed by Cabinet regulations.
[17 June 2021]
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
the services related to privatisation of the residential house in
privatisation certificates and legal persons in euros.
(3) Transactions (contracts, agreements) which are entered
into by and between the privatisation commission and purchasers
of privatisation objects, payments related to privatisation of
privatisation objects at a public auction, and also 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; 19
September 2013]
Section 67. Use of the Resources
Obtained as a Result of the Privatisation of Residential
Houses
(1) Resources obtained as a result of the privatisation of
State and local government residential houses in euros shall be
credited to the budget of the relevant local government in the
amount of 60 per cent. Income from the privatisation of
residential houses which has been credited to the local
government budget may be used for the organisational and legal
security of the privatisation process of local government
residential houses.
(2) Resources obtained as a result of the privatisation of
State and local government residential houses in euros shall be
credited to the State budget in the amount of 40 per cent. Income
from the privatisation of residential houses which has been
credited to the State budget shall be used for the payment and
refinancing of the national debt.
(3) Resources which have been 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 income
of the relevant 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, after covering of the expenditure related to
organisation of auctions, be transferred to the account indicated
by the Ministry of Finance in the Treasury and shall be used for
payment and refinancing of the national debt.
(5) From resources which have been credited to the State basic
budget in accordance with the annual State budget law, the
authority carrying out privatisation of State residential houses
shall receive a grant from general revenues and use it for the
following:
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;
4) performance of the functions specified in Section 59 of
this Law.
(6) Expenditure which have been incurred by the authority
specified by the Cabinet in relation to the performance of the
tasks specified in Section 45, Paragraph three, Section
73.3, Paragraph nine, and Section 73.4,
Paragraph six of this Law shall be covered, in accordance with
the procedures laid down by the Cabinet, from resources of the
reserve fund established on the basis of the law On Privatisation
of State and Local Government Property Objects.
[7 May 1998; 26 October 2000; 5 July 2001; 27 June 2002; 30
October 2003; 7 April 2004; 21 February 2008; 12 June 2009; 19
September 2013; 16 January 2014; 13 June 2019]
Chapter XV
Procedures for Examination of Complaints and Disputes
Section 68. Competence of a Local
Government Council in the Examination of Disputes
(1) A local government council shall examine any disputes
related to the technical execution of privatisation of
apartments, non-residential premises, artist's workshops, single
dwellings, and apartment houses, namely related to the
following:
1) specification of the value of the privatisation object;
2) specification of the area of the land parcel to be
transferred into lease or to be privatised;
3) specification of the purchase price of the privatisation
object.
(2) A local government council shall examine the disputes
referred to in Paragraph one of this Section in accordance with
the provisions of Sections 69, 70, and 71 of this Law.
[17 June 2021]
Section 69. Procedures for the
Examination of Disputes in a Local Government Council
(1) If a decision of the privatisation commission on the
technical execution of privatisation of the relevant object is
contested in accordance with the procedures laid down in this
Law, the execution thereof shall be suspended until examination
of the submitted complaint. Upon receipt of a complaint about the
technical execution of privatisation of the object, the local
government council shall notify the privatisation commission
whose decision is appealed of this fact.
(2) The local government council shall examine the disputes
referred to in Paragraph one of this Section upon receipt of an
application of one party.
(3) The local government council shall invite both parties
concerned to the examination of the disputes referred to in
Paragraph one of this Section, and they shall be examined within
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 Council on Disputes Related to the Technical Execution
of Privatisation of Privatisation Objects
(1) A local government council shall indicate in its decision
on a dispute, which is related to the technical execution of
privatisation of an apartment, non-residential premises, an
artist's workshop, a single dwelling or an undivided share
thereof, or an apartment house, the procedures for execution of
the decision and the measures to be performed for the elimination
of detected violations.
(2) If decisions of a local government council in relation to
the technical execution of privatisation of the object are not
appealed within the time period specified in Section 71, Clause 7
of this Law, they shall be compulsory to the parties concerned,
State authorities, local governments, and officials as well as
natural and legal persons.
[16 December 1999]
Section 71. Rights and Obligations
of the Parties Concerned and Representatives Thereof
If a dispute regarding the technical execution of
privatisation of the object is examined by a local government
council, the parties concerned and representatives thereof have
the following rights and obligations:
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;
7) to appeal the decision of the local government council to
the court within 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 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 conclusion, fulfilment,
amendment or revocation of a purchase contract;
4) disputes regarding transfer of an apartment or a single
dwelling or undivided share thereof into ownership free of
charge;
5) disputes which are related to the corroboration 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 in a State
residential house, i.e. related to specification of the value of
the privatisation object, specification of the area of the land
parcel to be transferred into lease or to be privatised, and
specification of the purchase price of the privatisation
object;
7) any other disputes which arise during the privatisation
process of residential houses and the examination of which is not
within the competence of a local government council.
(2) A court shall examine the disputes referred to in Section
68 of this Law after a local government council has taken the
decision on them in accordance with the procedures laid down in
this Law.
[11 June 1997; 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
Apartment Houses as Illegal
Privatisation of apartments, non-residential premises,
artist's workshops, single dwellings or undivided shares thereof,
and apartment houses shall be recognised as illegal if:
1) an apartment, non-residential premises, artist's workshop,
single dwelling or undivided share thereof, or apartment house is
offered for privatisation without complying with 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 without notifying family
members about it;
3) other requirements of this Law or Cabinet regulations
issued on the basis of this Law are not complied with.
[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 to the
cases where the authority carrying out privatisation of State
residential houses or a local government has not commenced the
privatisation of a residential house in accordance with the
procedures laid down in this Law and the following persons
residing in a State or local government single dwelling or
apartment house wish to perform the following activities:
1) apartment owners, family members thereof or other persons
indicated in this Law wish 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 wish to
acquire the artist's workshop leased by them into ownership;
3) lessees of non-residential premises wish to acquire the
non-residential premises leased by them into ownership.
(2) Provisions of this Chapter shall be applicable in relation
to the non-privatised apartments that are under the supervision
of the State or local government in the apartment houses in which
the 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 the
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 the single dwellings or apartment
houses which were nationalised or otherwise illegally alienated
after 21 July 1940 and regarding which applications of former
owners or their heirs for the return thereof have been received
may 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 a residential
house, the 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 the
buildings belonging to the State or local government which do not
have the status of a residential house.
[7 May 1998; 26 October 2000; 14 December 2000; 5 July
2001; 20 November 2003; 21 February 2008; 12 June 2009; 13 June
2019]
Section 73.2 Institutions
which Transfer an Apartment, Artist's Workshop, and
Non-residential Premises into Ownership until Privatisation of
the Residential House
The authority carrying out privatisation of State residential
houses shall transfer the rented apartment, a leased artist's
workshop, and non-residential premises in a State single dwelling
or apartment house into ownership until privatisation of the
residential house, and a privatisation commission of local
government residential houses - the rented apartment, a leased
artist's workshop, and non-residential premises in a single
dwelling or apartment house of the local government.
[5 July 2001; 20 November 2003; 21 February 2008; 12 June
2009; 13 June 2019]
Section 73.3 Procedures
by which Apartments shall be Transferred into Ownership until
Privatisation of the Residential House
(1) In order to obtain ownership rights to an apartment until
privatisation of the residential house, the tenant of the
apartment and his or her family members shall submit an
application to the privatisation commission.
(2) The privatisation commission shall take the decision to
transfer the apartment into ownership until privatisation of the
residential house within one month from the day of receipt of the
application.
(3) The decision to transfer the apartment into ownership
until privatisation of the residential house shall be taken
if:
1) the tenant of the apartment and his or her family members
enter into an agreement which is notarised or certified by a
privatisation commission regarding which one of them will
privatise the rented apartment;
2) a claim regarding termination of the tenancy agreement and
eviction of the tenant and his or her family members has not been
brought to the court.
(4) If the tenant of an apartment and his or her family
members do not wish to acquire the rented apartment into
ownership until privatisation of the residential house, the
person indicated in Section 6 of this Law may privatise the
rented apartment with the 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 which is
notarised or certified by a privatisation commission with the
person who wishes 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 the residential
house by a decision of a local government council or the
authority carrying out privatisation of State residential houses
in compliance with the provisions of Section 15 or 21, and also
Sections 36, 37, 38, and 39 of this Law.
(6) [24 February 2005]
(7) The privatisation commission shall, within two weeks after
taking the decision, send a notification to the tenant indicating
therein the payment for the transfer of an apartment into
ownership until privatisation of a residential house specified in
the decision as well the procedures for making the indicated
payment.
(8) A communal apartment shall be privatised as one single
object. In order for the tenants of the communal apartment to
acquire their rented communal apartment into ownership until
privatisation of a residential house, they shall have to enter
into an agreement which is notarised or certified by a
privatisation commission regarding which one of them will
privatise the apartment. If tenants of the apartment wish to
privatise the apartment as a joint property, the subsequent
procedures for the use of residential premises shall be provided
for in the abovementioned deed of agreement.
(9) The tenant shall make a payment for the transfer of an
apartment into ownership until privatisation of a residential
house into the account of the authority specified by the Cabinet
within one month from the day of giving the notification.
(10) If the payment for the transfer of the apartment into
ownership until privatisation of the residential house is not
made within the time period specified in Paragraph nine of this
Section, and also within one month from the day of sending the
warning, the privatisation commission shall revoke the decision
to transfer the apartment into ownership until privatisation of
the residential house.
[7 May 1998; 20 November 2003; 24 February 2005; 21
February 2008; 12 June 2009; 16 January 2014; 13 June
2019]
Section 73.4 Procedures
by which Non-residential Premises or an Artist's Workshop shall
be Transferred into Ownership until Privatisation of the
Residential House
(1) In order to obtain ownership rights to the non-residential
premises or artist's workshop until privatisation of a
residential house, the lessee of non-residential premises or an
artist's workshop shall, in accordance with the procedures
specified in this Law, submit to the privatisation commission an
application for the evaluation of the non-residential premises or
artist's workshop and a lease contract of the non-residential
premises or artist's workshop. 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 one month
from the day of receipt of the application if the lessee has paid
the fee for evaluation of the non-residential premises or
artist's workshop. Non-residential premises or artist's workshop
shall be evaluated in accordance with the procedures determined
by the Cabinet.
(3) The privatisation commission shall determine the purchase
price of the non-residential premises or artist's workshop within
one month from the day of evaluation of the non-residential
premises or artist's workshop, notifying the lessee about the
decision taken.
(4) The lessee shall, within one month after receipt of the
notification, submit to the privatisation commission either a
confirmation of privatisation of the non-residential premises or
artist's workshop for the specified purchase price, indicating
the procedures for making 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. 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 one month, the
respective non-residential premises or artist's workshop shall be
re-evaluated, except for the cases when the lessee has contested
the purchase price determined by the privatisation commission in
accordance with the specified time periods and the
procedures.
(5) The privatisation commission shall take the decision to
transfer non-residential premises or an artist's workshop into
ownership until privatisation of the residential house within one
month from the day of receipt of approval of the lessee and shall
notify the lessee about it.
(6) The lessee shall make the payment or the first deposit for
the transfer of non-residential premises or an artist's workshop
into ownership until privatisation of the residential house into
the account of the authority specified by the Cabinet within one
month from the day of giving the notification.
(7) If the payment or the first deposit for the transfer of
non-residential premises or an artist's workshop into ownership
until privatisation of the residential house is not made within
the time period specified in Paragraph six of this Section, and
also within one month from the day of sending the warning, the
privatisation commission shall revoke the decision to transfer
the non-residential premises or artist's workshop into ownership
until privatisation of the residential house.
[24 February 2005; 21 February 2008; 16 January
2014]
Section 73.5 Payment for
the Transfer of an Apartment into Ownership until Privatisation
of the Residential House
(1) The payment for the transfer of an apartment into
ownership until privatisation of the residential house shall
consist of the payment for the apartment which has been
determined in privatisation certificates and the payment for the
preparation of the residential house for privatisation which has
been determined in euros. If the apartment is transferred into
ownership until privatisation of the residential house, the
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 the payment for the
transfer of an apartment into ownership until privatisation of
the 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 May 1998; 30 October 2003; 24 February 2005; 19
September 2013]
Section 73.6 Payment for
the Transfer of Non-residential premises or an Artist's Workshop
into Ownership until Privatisation of the Residential House
(1) Payment for the transfer of non-residential premises or an
artist's workshop into ownership until privatisation of the
residential house and the payment procedures shall be determined
by the Cabinet in compliance 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 the
residential house shall consist of:
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;
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 instalments by making
regular payments within a time period not exceeding five
years.
(4) Pledge rights in favour of the State or local government
to non-residential premises or artist's workshop which has been
transferred into ownership until privatisation of the residential
house shall be granted by this Law to ensure the purchase price.
In registering non-residential premises or an artist's workshop
in the Cadastre Register of the State Land Service (hereinafter -
the Cadastre Register), pledge rights in favour of the State or
local government shall be concurrently corroborated in the amount
of the unpaid sum.
(5) Resources which have been obtained in transferring the
non-residential premises or artist's workshop into ownership
until privatisation of the residential house shall be used in
accordance with the procedures laid down in Section 67 of this
Law, except for the payment for evaluation of the non-residential
premises or artist's workshop that shall be transferred by the
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 Privatisation of the 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 privatisation of
the 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 privatisation of the 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 privatisation of the
residential house, and a pledge contract if such has been
concluded 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 privatisation of the residential house
within 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 privatisation of the residential house
shall be registered in the Cadastre Register. The pledge rights
which have been established for an apartment property and other
encumbrances on 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, at least once a month,
notify the authority carrying out privatisation of State
residential houses and relevant local governments of the
registered apartments, artist's workshops, non-residential
premises, and owners thereof.
[7 May 1998; 20 November 2003; 21 February 2008; 12 June
2009; 13 June 2019]
Section 73.9 Actions
Involving an Apartment, Artist's Workshop, and Non-residential
Premises Transferred into Ownership until Privatisation of the
Residential House
(1) A person who has acquired an apartment, artist's workshop,
or non-residential premises into ownership until privatisation of
the residential house shall be recognised as an owner from the
moment 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 authority or
local government shall have to conclude a mutual contract on the
maintenance and management of a residential house not later than
within one month from the moment when a certificate regarding
ownership rights to the apartment, artist's workshop, or
non-residential premises until privatisation of the residential
house has been issued.
(3) Anyone who has acquired an apartment, artist's workshop,
or non-residential premises into ownership as a result of
entering into a transaction or inheritance shall be recognised as
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 as a result of entering into a
transaction or inheritance, the acquirer shall register the
abovementioned property in the Cadastre Register until
privatisation of the residential house after a contract has been
concluded with the respective State authority or local government
on the participation in the maintenance and management of the
residential house. The contract shall be concluded until
privatisation of the residential house in accordance with the
procedures specified in this Law. The State authority or local
government and the owner of the apartment, artist's workshop, or
non-residential premises shall conclude the contract on the
maintenance and management of the residential house within one
month from the day of entering into the transaction or taking of
inheritance.
(5) Payment for the maintenance and management of a
residential house shall be determined for the owner of an
apartment, artist's workshop, or non-residential premises in
compliance with the Cabinet regulations regarding the procedures
for calculating the rental payment of an apartment, and it shall
not exceed the amounts of rental payment in the relevant
house.
(6) The rights, obligations, and liability of the owner of an
apartment, artist's workshop, or non-residential premises, and
also the status of the family members of the apartment owner and
other persons lodged in the apartment shall be governed by the
Law on Residential Properties in so far as it is not in conflict
with this Law.
(7) In transferring an apartment or artist's workshop into
ownership until privatisation of the residential house to the
person who has a debt of payments for tenancy, lease, and public
utility services at the time of privatisation, the pledge right
to the privatised object shall be concurrently corroborated in
favour of the State or local government according to the amount
of the sum of debts at the time of concluding a pledge
contract.
(8) After commencement of privatisation of a residential
house, the owner of an apartment, artist's workshop, or
non-residential premises shall conclude the purchase contract
referred to in Section 40 of this Law within the time period
indicated in the notification of concluding a purchase
contract.
(9) If a person who has acquired an apartment, artist's
workshop, or non-residential premises into ownership until
privatisation of the residential house has failed to conclude a
purchase contract within the time period indicated in the
notification of concluding a purchase contract, any transactions
related to the apartment, artist's workshop, or non-residential
premises which have been transferred into ownership until
privatisation of the residential house are prohibited after 15
March 2013.
[7 May 1998; 16 December 1999; 21 February 2013; 1 June
2017]
Chapter XVI
Final Provisions
Section 74. Transfer of State and
Local Government Residential Houses for Privatisation
(1) All 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 for the cases
referred to in this Law.
(2) Residential houses which are included in the equity
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 equity capital of
State or local government capital companies.
(3) State residential houses shall be transferred for
privatisation to the authority carrying out privatisation of
State residential houses or local governments in accordance with
the procedures laid determined by the Cabinet. Residential houses
transferred to local governments shall become the property of
local governments. Residential houses transferred to the
authority carrying out privatisation of State residential houses
shall remain in possession and management of the previous
possessor also after taking of the decision to commence the
privatisation of a residential house, except for the cases where,
upon agreement with the previous possessor, the authority
carrying out privatisation of State residential houses takes over
the relevant residential houses in its possession and
management.
(4) State residential houses and undivided shares of
residential houses shall not be transferred for privatisation if
the Cabinet has taken the decision not to privatise them and keep
them in the State property or to sell them at an auction in
accordance with the Law on the Alienation of the Property of a
Public Person. If an apartment, artist's workshop, or
non-residential premises 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) Such rented State residential houses shall not
be transferred for privatisation which are located in the
territory of free economic zones or special economic zones and
regarding the non-privatisation and preservation in State
ownership of which, upon evaluation of the development plan of
the relevant territory as well as the point of view of the
executive board of the relevant free economic zone or special
economic zone, the decision of the Cabinet has been taken until 1
December 2008. If after 1 December 2008 development plans of the
relevant territory are amended by taking into account the point
of view of the executive board of the relevant free economic zone
or special economic zone, the Cabinet may revoke the decision not
to privatise a rented State residential house and keep it in the
State ownership.
(5) Unrented apartment residential houses and unrented
apartments shall not be transferred for privatisation provided
that a decision of a respective local government council has been
taken on the non-privatisation and keeping thereof in the
property of the local government, since it is necessary for
implementation of the functions of the local government specified
in laws.
(51) Such rented local government apartment
residential houses and single dwellings shall not be transferred
for privatisation which are located in the territory of the free
economic zone or special economic zone and regarding the
non-privatisation and preservation in local government ownership
of which, upon evaluation of the development plan of the relevant
territory as well as the point of view of the executive board of
the relevant free economic zone or special economic zone, the
decision of the relevant local government council has been taken
until 1 December 2008. If after 1 December 2008 development plans
of the relevant territory are amended by taking into account the
point of view of the executive board of the relevant free
economic zone or special economic zone, the local government
council may revoke the decision not to privatise a rented local
government residential house or single dwelling and keep it in
the local government ownership.
(6) Non-residential premises shall not be transferred for
privatisation if State or local government capital companies or
institutions are situated there. 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 the
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 equity capital
of such capital companies.
(7) Official accommodation facilities, official apartments as
well as social residential houses shall not be transferred for
privatisation.
(8) Apartments 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 the cases provided for in the Law on Assistance in
Solving Apartment Matters the residential spaces 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 the
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; judgement of the Constitutional Court of 6 June
2006; 18 May 2006; 21 February 2008; 12 June 2009; 16 June 2010;
21 February 2013; 13 June 2019]
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 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 joint property
of the owner of each apartment and transfer the land parcel 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 SSR and
Latvian Republican Trade Union Council No. 171 of 24 July 1989,
On the Sale of Apartments and Houses of the State and Public
Apartment Fund to Citizens into Personal Ownership, the
privatisation commission shall determine the undivided share of
joint property of the owner of each apartment and transfer the
land parcel on which the residential house has been built for
privatisation or in lease for 99 years.
(3) State or local government land parcels which are located
in State cities (except for the State city of Ogre) shall be
transferred to the owners of the apartments referred to in
Paragraphs one and two of this Section, and also State or local
government land parcels on which privatised single dwellings are
located shall be transferred to the owners thereof in rural areas
for privatisation for certificates or equivalent amount in euros
at the payer's choice.
(4) State or local government land parcels which are located
in rural areas shall be transferred into ownership of the owners
of the apartments 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 the 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 or legal person,
the owner of the land parcel and owners of the privatised
apartments shall have the obligation to conclude a land lease
contract in compliance with the provisions of Sections 50 and 54
of this Law.
(6) The undivided share of joint property of the owners of
privatised apartments and the size and value of the land parcel
on which a residential house is built shall be determined, an
offer to purchase the land parcel, to acquire it into ownership
free of charge or to lease it for 99 years shall be made as well
as a contract on the purchase of the land parcel or an agreement
regarding transfer of the land parcel into ownership free of
charge shall be entered into in compliance with the provisions of
this Law.
(7) Owners of the apartments 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 conclude a
contract on the joint administration and management of an
apartment house.
(8) Owners of the apartments referred to in Paragraph one of
this Section shall settle payments for the determination of the
land parcel necessary for putting into service of a residential
house, survey of the land parcel, and registration of the
residential house with the Land Register in euros.
(9) In the cases referred to in Paragraphs one and two of this
Section, when determining the land parcel that is functionally
necessary for a residential house, the provisions of Section 28
of this Law shall be applicable.
[28 November 1996; 7 May 1998; 19 September 2013; 19 June
2014; 17 June 2021]
Section 76. Inheritance of Apartment
Privatisation Rights
(1) A privatisation right of the tenant of the apartment shall
be recognised as a transferable right in accordance with Section
382 of the Civil Law.
(2) A privatisation right of the tenant of the apartment shall
be recognised as a transferable right from the day when the
tenant of the apartment:
1) has submitted a submission to the privatisation commission
in compliance with the provisions of Section 73.3,
Paragraph one of this Law;
2) has submitted an application to the privatisation
commission in compliance with the provisions of Section 32 of
this Law.
[11 June 1997]
Section 77. Actions Involving
Non-privatised Residential Houses and Apartments, Artist's
Workshops, and Non-residential Premises in Residential Houses
[18 May 2006]
Section 78. Privatisation of
Non-residential Premises Functionally Unassociated with the
Apartments, Artist's Workshops, and Non-residential Premises in
Residential Houses
Non-residential premises in an auxiliary building or structure
functionally associated with an apartment house or also a complex
of premises which are marked as non-residential premises in the
cadastral survey file and are not functionally associated with
any of the apartments, artist's workshops, or non-residential
premises 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 compliance with the procedures for
privatisation of non-residential premises specified in this
Law.
[5 July 2001]
Section 79. Notification of Reasons
Hindering Privatisation
A privatisation commission or the authority carrying out
privatisation of State residential houses shall send a
notification to the tenants of rented apartments, single
dwellings and to their adult family members, and also to the
lessees of the leased artist's workshops informing them that it
cannot commence privatisation of the relevant residential house
for any of the following reasons hindering privatisation:
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
equity capital of a State or local government capital company has
not been terminated in accordance with the provisions of Section
74 of this Law;
3) legal proceedings in relation to the issue regarding
ownership rights of the residential house have been initiated and
the relevant court ruling has not come into effect.
[7 April 2004; 24 February 2005; 18 May 2006; 21 February
2008; 12 June 2009; 13 June 2019]
Section 80. Sending of a
Notification of Reasons Hindering Privatisation
The notification sent by a privatisation commission or the
authority carrying out privatisation of State residential houses
and referred to in Section 79 of this Law shall be considered as
received from the moment when the tenant of the apartment or
single dwelling or any of his or her adult family members or the
lessee of the artist's workshop has confirmed with his or her
signature that he or she has received the notification.
[7 April 2004; 21 February 2008; 12 June 2009; 13 June
2019]
Section 81. Submission of a Proposal
of Privatisation
(1) After receipt of a notification of reasons hindering
privatisation, the tenant of the apartment or single dwelling as
well as the lessee of the 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 the proposal of
privatisation:
1) the address and area of the privatisation object;
2) the given name and surname of the person who wishes to
acquire an apartment, artist's workshop or single dwelling in his
or her ownership;
3) the reasons hindering privatisation of the privatisation
object.
[7 April 2004; 24 February 2005; 15 December 2005]
Section 82. Registration of the
Proposal of Privatisation
(1) A privatisation commission or the authority carrying out
privatisation of State residential houses shall register the
proposal of privatisation in accordance with the procedures laid
down by the Cabinet and shall, within one month from the day of
receipt of the proposal of privatisation, provide a submitter of
the proposal of privatisation with a written response which
includes the following information:
1) the time of registration of the proposal of
privatisation;
2) information on 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;
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 the object regarding the privatisation of which the
proposal of privatisation has been submitted is not transferable
for privatisation in accordance with this Law, the privatisation
commission shall not register the proposal of privatisation and
shall provide a justified response to the submitter of the
proposal of privatisation in writing within a time period of two
weeks.
[7 April 2004; 21 February 2008; 12 June 2009; 13 June
2019]
Section 83. Time Periods and
Procedures for the Submission of the Privatisation
Application
(1) After removal of reasons hindering privatisation of the
residential house, a person who has submitted the proposal of
privatisation until 31 August 2006 or a person who has lawfully
acquired the privatisation rights of the privatisation object
after submission of the proposal of privatisation shall privatise
the respective apartment, artist's workshop, or single dwelling
in accordance with the procedures specified in this Law by
submitting the privatisation application not later than:
1) until 28 February 2007 if a local government council (rural
territory council) or the authority carrying out privatisation of
State residential houses has taken the decision to commence
privatisation of the residential house until 31 August 2006;
2) within six months after a local government council or the
authority carrying out privatisation of State residential houses
has taken the decision to commence privatisation of the
residential house if it has been taken after 31 August 2006.
(2) If the privatisation application is not submitted within
the period of time specified in Paragraph one of this Section or
it has become known that the 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 thereof.
[7 April 2004; 24 February 2005; 15 December 2005; 21
February 2008; 12 June 2009; 13 June 2019]
Section 84. Privatisation of the
Land Parcel Owned by the State or Local Government After Removal
of Privatisation Restrictions
(1) If privatisation of a single dwelling or apartment house
has been commenced until 30 September 2014 in accordance with the
procedures laid down in Section 8.1 of this Law and
the house is completely or partially situated on the land owned
by the State or local government in relation to which the
privatisation restrictions, which were in effect at the time of
commencement of privatisation of the single dwelling or apartment
house, are no longer present, the land parcel owned by the State
or local government (hereinafter in this Section - the land
parcel) shall be transferred for privatisation by a decision of
the local government council or the authority carrying out
privatisation of State residential houses in accordance with the
following procedures:
1) the land parcel 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 authority carrying out
privatisation of State residential houses shall take the decision
to enter into an agreement with the owner of the privatised
apartment, artist's workshop, or non-residential premises on
transfer of the land parcel into ownership free of charge
according to the undivided share of the joint property of the
privatised object;
3) the privatisation commission or the authority carrying out
privatisation of State residential houses shall send an
invitation to privatise the land parcel to each owner of the
privatised object;
4) the privatisation commission or the authority carrying out
privatisation of State residential houses shall indicate in the
invitation the area of the land parcel to be privatised, the
expenditure referred to in Clause 6 of this Section, and also the
time period until which the agreement on transfer of the land
parcel into ownership free of charge should be entered into;
5) the privatisation commission or the authority carrying out
privatisation of State residential houses shall enter into the
agreement on transfer of the land parcel into ownership free of
charge in accordance with the procedures laid down in this Law
with each owner of the privatised object;
6) expenditure for specification of the land parcel, survey of
the land parcel 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.
(2) If the agreement referred to in Paragraph one, Clause 5 of
this Section is not entered into within the time period specified
in the invitation, the owner of the privatised object shall,
until entering into of the relevant agreement, pay the lease
payment for the undivided shares of the land parcel to be
privatised which is owned by the State or local government and
has been indicated in the invitation in accordance with the
procedures and in the amount laid down in Section 53, Paragraph
five of this Law.
[7 April 2004; 21 February 2008; 12 June 2009; 21 February
2013; 19 June 2014; 13 June 2019]
Section 85. Review of the Land
Parcel that is Functionally Necessary for a Residential House
(1) Review of the land parcel that is functionally necessary
for a residential house may be initiated by the following:
1) the owner of the privatised object (apartment owner) to
whom the land parcel that is functionally necessary for the
residential house has been transferred for lease for 99
years;
2) the owner of the privatised object (apartment owner) if the
land parcel that is determined as functionally necessary for the
residential house is fully or partly owned by another natural or
legal person;
3) the owner of the land parcel that is functionally necessary
for the residential house other than the owner of the privatised
object.
(2) If the review of the land parcel that is functionally
necessary for a residential house has been initiated at least
once, a local government shall concurrently evaluate also the
need to review other land parcels that are functionally necessary
for residential houses within borders of the relevant
district.
(3) A local government shall lay down the following procedures
in its binding regulations:
1) the procedures for proposing a review of the land parcel
that is functionally necessary for a residential house;
2) the procedures by which it informs land owners and owners
of privatised objects (apartment owners), seeks their points of
view, and takes the decision referred to in Paragraph four of
this Section in relation to the commencement of the review of
land parcels that are functionally necessary;
3) the procedures by which it evaluates points of view of the
persons concerned, reviews the area and borders of the land
parcel that is functionally necessary for a residential house by
taking into account also the situation in the relevant district,
and takes the decision referred to in Paragraph six of this
Section in relation to the review of the land parcel that is
functionally necessary for the residential house.
(4) A local government shall take the decision to commence the
review of the land parcel that is functionally necessary for a
residential house not later than within six months from the day
when the submission to initiate the review has been received. The
decision to commence the review of the land parcel that is
functionally necessary for the residential house may be appealed
in accordance with the procedures laid down in the Administrative
Procedure Law.
(5) Review of the land parcel that is functionally necessary
for a residential house shall be completed not later than within
two years and six months from the day when the decision to
commence the review of the land parcel that is functionally
necessary for the residential house is no longer subject to
contesting. The decision to review the land parcel that is
functionally necessary for the residential house may be appealed
in accordance with the procedures laid down in the Administrative
Procedure Law.
(6) Apartment owners are entitled to initiate review of the
land parcel that is functionally necessary for the residential
house in the case referred to in Paragraph one, Clause 1 or 2 of
this Section, make observations during the review process of the
land parcel that is functionally necessary for the residential
house, and also appeal the decision of a local government to
commence the review or to review the land parcel that is
functionally necessary for the residential house if it has been
decided by a community of apartment owners in accordance with the
procedures laid down in the Law on Residential Properties.
(7) Initiation and commencement of the review of the land
parcel that is functionally necessary for the residential house
in the cases and in accordance with the procedures laid down in
this Section shall not release the owner of the privatised object
from the obligation to make a lease payment for land in
accordance with the provisions of this Law.
(8) In the cases referred to in Section 75, Paragraphs one and
two of this Law, when reviewing the land parcel that is
functionally necessary for the residential house, the provisions
of this Section and Section 86 of this Law shall be
applicable.
[19 June 2014 / Section shall come into force on 1 July
2015. See Paragraph 52 of Transitional Provisions]
Section 86. Procedures for
Determining and Covering Expenditure for the Review of the Land
Parcel that is Functionally Necessary for the Residential
House
(1) Expenditure for the review of the land parcel that is
functionally necessary for the residential house shall be covered
by the following:
1) the owner of the privatised object (apartment owner) - for
the review of the land parcel that is functionally necessary for
the residential house and is in the use of the owner in
proportion to the undivided share of the joint property which is
part of the privatised object;
2) the owner of the land parcel who has initiated the review
of the land parcel that is functionally necessary for the
residential house.
(2) The owner of the privatised object or the owner of the
land parcel is entitled to cover expenditure for the review of
the land parcel that is functionally necessary for the
residential house within three years from the day of receipt of a
payment order by making periodic payments.
(3) A local government is entitled to request payment for the
review of the land parcel that is functionally necessary for the
residential house in compliance with the provisions of Paragraph
four of this Section.
(4) A local government shall cover administrative expenditure
which are necessary to take the decision provided for in Section
85, Paragraph four of this Law to commence the review of the land
parcel that is functionally necessary for the residential house,
and also to seek points of view of the owners of privatised
objects and owners of the land parcel.
(5) A local government shall lay down the following procedures
in its binding regulations:
1) the procedures for calculating a payment for the review of
the land parcel that is functionally necessary for the
residential house (expenditure for organisational and technical
activities to be performed in order to review the land parcel
that is functionally necessary for the residential house);
2) the procedures for making payments for the review of the
land parcel that is functionally necessary for the residential
house.
[19 June 2014 / Section shall come into force on 1 July
2015. See Paragraph 52 of Transitional Provisions]
Transitional Provisions
1. During land reform, legal registration of an apartment,
non-residential premises, artist's workshop as well as a single
dwelling and apartment house property shall be admissible prior
to corroboration 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 in them 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 the
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 residential house
shall be transferred to the local government together with the
land. If a local government residential house is put into service
after the day of coming into force of this Law, it shall be
transferred for privatisation only by a decision of the relevant
local government council. If a State residential house is put
into service after the day of coming into force of this Law, it
shall be transferred for privatisation only by a decision of the
Cabinet.
[11 June 1997; 7 May 1998]
2.1 In the case provided for in Section 7,
Paragraph six of this Law, actions involving the respective State
or local government land parcel shall be governed by the Law on
Alienation of the Property of a Public Person.
[18 May 2006; 21 February 2013]
3. Starting from 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 equity
capital of State and local government companies with property
rights if the apartments in these houses are being rented and
non-residential premises are being leased, except for the cases
provided for in Section 9 and Section 74, Paragraph four of this
Law.
[16 December 1999; 5 July 2001; 18 May 2006]
4. Starting from the day of coming into force of this Law, it
is prohibited to sell the rental rights of State and local
government apartments, except for the cases provided for in the
law On Disbursement of Compensation to Emigrants Vacating
Apartments.
4.1 Until the taking of the decision to commence
privatisation of the residential house or the decision to not
privatise the residential house and to keep the house in State or
local government ownership, it is prohibited to transform
apartments 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 in the house, into artist's workshops or non-residential
premises.
[24 February 2005]
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 or single dwelling
shall be first offered for rental to the persons who are
registered with the local government in order to receive
assistance in solving apartment or single dwelling matters. If
none of the persons referred to in this Paragraph have applied to
rent the unrented apartment or single dwelling in accordance with
the procedures laid down in the Law on Assistance in Solving
Apartment Matters, it shall be privatised in accordance with the
procedures laid down in this Law. Any unrented State apartment or
single dwelling which is to be privatised in accordance with the
procedures laid down in this Law shall be first offered for
transfer into ownership of the local government in the
administrative territory of which the unrented apartment or
single dwelling is located. If the council of the relevant local
government has not taken the decision on taking over the unrented
State apartment or single dwelling into ownership of the local
government within one month, the unrented apartment or single
dwelling shall be privatised in accordance with the procedures
laid down in this Law. If the council of the relevant local
government has taken the decision on taking over the unrented
State apartment or single dwelling into ownership of the local
government, it shall be transferred to the local government in
accordance with the procedures specified by the Cabinet.
[24 February 2005; 19 June 2014]
7. The Cabinet shall, in co-ordinating with the Latvian
Association of Local and Regional Governments, have to approve
the by-law of the Central Privatisation Commission of Residential
Houses and a standard by-law regarding privatisation commissions
of town and rural territory residential houses until 31 July 1995
as well as to approve, by 30 September 1995, any other laws and
regulations necessary for the commencement of privatisation of
residential houses.
8. The Cabinet shall have to establish the Central
Privatisation Commission of Residential Houses until 31 July
1995, and town and rural territory local governments shall have
to establish privatisation commissions of town and rural
territory residential houses until 30 September 1995.
9. Offering of apartments, non-residential premises, artist's
workshops, single dwellings, and apartment houses for
privatisation shall be commenced from 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 of the relevant local
government may cancel the auctions of non-residential premises
which were announced until 15 August 1996.
[22 August 1996]
13. Residential houses included in the equity capital of State
or local government companies shall be excluded from the equity
capital of the company and transferred to the local governments
of the respective administrative territories or the authority
carrying out privatisation of State residential houses for
privatisation after all expenditure for the preparation of the
residential house for privatisation have been covered, provided
that the Cabinet has not laid down other procedures for financing
preparation of the residential house for privatisation.
[28 November 1996; 11 June 1997; 7 May 1998; 20 November
2003; 21 February 2008; 12 June 2009; 13 June 2019]
14. The Cabinet shall, by 31 December 1996, 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.
[28 November 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.
[28 November 1996]
16. [21 February 2008]
17. In privatising a State or local government apartment or
single dwelling, a person shall be allowed to use privatisation
or property compensation certificates of his or her minor
children without the consent of the Orphan's and Custody 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.
[11 June 1997]
18. [5 July 2001]
19. If the decision to commence privatisation of the
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 six months after this day in order to establish
a society of apartment owners or to conclude a mutual contract on
the administration and management of the part of the apartment
house in joint property in accordance with the procedures
specified in the Civil Law.
[7 May 1998]
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) valsts akciju sabiedrība "Valsts nekustamie īpašumi"
[State joint-stock company State Real Estate], the authority
carrying out privatisation of State residential houses, and also
State and local government authorities 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 for the division of the joint property
in apartment properties or actual shares. The developed project
for the division of the joint property shall be sent to the joint
owners for examination, and an announcement regarding the project
for the division of the joint property shall be published in the
official gazette Latvijas Vēstnesis;
2) if the joint owner agrees to the offered project for the
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 two months
after concluding a contract regarding division of the joint
property into apartment properties or actual shares;
3) if the joint owner does not agree to the offered project
for the division of the joint property or has not given a
response within two months after publication of the announcement
in the official gazette Latvijas Vēstnesis, the State
joint-stock company State Real Estate, the authority carrying out
privatisation of State residential houses, or another State or
local government authority which has offered the project for the
division of the joint property shall sell the undivided share of
the joint property owned by the State or local government at an
auction on the basis of a Cabinet order or a decision of the
respective local government council in accordance with the Law on
the Alienation of the Property of a Public Person and Paragraph
20 of these Transitional Provisions;
4) the State joint-stock company State Real Estate or another
State or local government authority which organises an auction
shall publish an announcement in the official gazette Latvijas
Vēstnesis regarding the auction and the time period by which
the persons with the right of first refusal may apply for the
relevant auction, and shall also send an offer to exercise the
right of first refusal to the following persons:
a) to joint owners - for the undivided share to be sold for
the initial auction price by making a full payment in euros;
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 right of
first refusal 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 of the total area rented in the
house. The group of apartment tenants is entitled to exercise the
right of first refusal to the undivided share which is to be sold
and which is owned by the State or local government that
corresponds to the total area of premises rented by the group of
apartment tenants for the initial auction price by making a full
payment in privatisation certificates, but to the undivided share
which exceeds the total area of premises rented by the group of
apartment tenants - by making a full payment in euros;
5) if the time period for application specified in the auction
notification has been missed, the persons who have the right of
first refusal shall lose the right of pre-emption 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-paragraph 4 of this Paragraph
have applied to the auction, the auction among the persons who
have the right of first refusal shall be organised. Each joint
owner and each group of apartment owners shall be an independent
participant of the auction;
7) the difference between the bidden and the initial auction
price shall be paid in euros.
[16 December 1999; 26 October 2000; 5 July 2001; 18 May
2006; 21 February 2013; 19 September 2013; 13 June 2019]
21. State residential houses, and also apartments, artist's
workshops, and non-residential premises in residential houses
owned by the State in respect of the privatisation of which
purchase contracts have not been concluded and which have not
been transferred into ownership until privatisation of the
residential house (hereinafter - the non-privatised part of the
residential house) shall be transferred, in accordance with the
procedures determined by the Cabinet, into ownership of such
local governments in the administrative territory of which the
respective houses are located. The obligation which has been
referred to in Section 50, Paragraph seven of this Law and
provides for administration and management of a residential house
until the administration rights thereof are transferred to a
society of apartment owners or person authorised by a mutual
contract of apartment owners if an agreement has been reached
thereon with a relevant local government may also be transferred
to a local government, together with the non-privatised part of
the residential house.
[17 June 2021]
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 determined by the Cabinet.
[20 November 2003; 21 February 2008]
24.1 The Construction, Energy, and Housing State
Agency shall commence fulfilment of the functions specified in
Section 59 of this Law from 1 January 2004.
[20 November 2003; 21 February 2008]
25. [26 October 2000]
26. A local government council may take the decision to
terminate activity of the privatisation commission of residential
houses of the relevant local government if all local government
residential houses to be transferred for privatisation and
located in the administrative territory of the respective local
government are offered for privatisation in accordance with the
procedures laid down in this Law.
[27 June 2002]
27. [1 July 2004 / See Transitional Provisions]
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 such houses to
the Construction, Energy, and Housing State Agency according to
the State budget law for 2004.
[30 October 2003; 21 February 2008]
29. The privatisation commission or the Construction, Energy,
and Housing State Agency shall send the notification provided for
in Section 79 of this Law until 1 December 2004.
[7 April 2004; 21 February 2008]
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, and also apartments, artist's workshops,
and non-residential premises in the residential houses shall be
alienated in accordance with the Law on the Alienation of the
Property of a Public Person, except for the cases provided for in
Paragraph 30.1 of Transitional Provisions of this
Law.
[18 May 2006; 21 February 2013]
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 in these residential houses
whose privatisation had to be commenced by the Construction,
Energy, and Housing State Agency or a local government council 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 was established in the period up to 31 August
2006;
3) the residential houses recognised as properties without
owners in accordance with the procedures specified by law, the
undivided shares thereof, and apartment properties which are
rented or in which the persons living therein reside there
legally;
4) privatisation objects in the cases provided for in Section
83 of this Law;
5) residential houses and the apartments, non-residential
premises, and artist's workshops in these residential houses if
the Cabinet or a local government council has revoked the
decision not to privatise the residential house and keep it in
the ownership of the State or the relevant local government in
accordance with Section 74, Paragraph 4.1 or
5.1 of this Law.
[21 February 2008; 16 June 2010]
30.2 [1 June 2017]
31. Clause 27 of these Transitional Provisions shall be in
force until 30 June 2004.
[7 April 2004]
32. Section 84 of this Law shall come into force on 1 July
2004.
[7 April 2004]
33. Privatisation of the land parcel owned by the State or
local government which has been commenced until 1 July 2004 in
accordance with the provisions of Paragraph 27 of these
Transitional Provisions shall be completed in accordance with the
abovementioned provisions.
[7 April 2004]
34. [28 January 2010]
35. The Cabinet shall, by 1 September 2004, approve the
procedures for the registration of proposals of
privatisation.
[7 April 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 laws and regulations 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.
[24 February 2005]
37. Upon the proposal of the Ministry of Economics, the
Cabinet may restore the status of a residential house to the
buildings belonging to the State if the status of a residential
house had been recorded in the survey file of the respective
building on the day of coming into force of this Law. Rented
apartments and leased artist's workshops in such a house shall be
transferred for privatisation if the tenancy agreements of the
respective residential premises or lease contracts of artist's
workshops have been concluded until 25 July 1995. The other
apartments, artist's workshops, and non-residential premises in
such a house shall not be transferred for privatisation, they
shall be kept in the State ownership and recorded in the Land
Register in the name of the State.
[24 February 2005; 19 April 2007]
38. A local government council may restore the status of a
residential house for the buildings in which the existing (or
former) apartments, artist's workshops, or non-residential
premises have been transferred into ownership until privatisation
of the residential house if at the moment of privatisation of the
respective objects the building was a residential house and the
type of use of the building was changed until transfer thereof
for privatisation as a result of which the building is no longer
a residential house.
[24 February 2005]
39. The Cabinet shall, by 31 December 2005, develop the
procedures for the establishment, maintenance, and development of
the information system and data base for observation, analysis,
forecasting, and control of the situation in the field of housing
(a housing monitoring system).
[24 February 2005]
40. The lease payment of the land parcel for an owner of the
privatised apartment and artist's workshop which has been
specified in accordance with the procedures specified in Section
54, Paragraph two of this Law may not exceed in 2009 and 2010 the
amount of the lease payment of the land parcel calculated for the
previous year by more than 25 per cent.
[22 October 2009 / Paragraph has been recognised as
non-compliant with Article 105 of the Constitution of the
Republic of Latvia by judgement of the Constitutional Court of 27
January 2011]
40.1 If the owner of a privatised apartment or
artist's workshop and the land owner have concluded a land lease
contract until 1 November 2009 and the lease payment for land
provided for therein is higher than in the event of applying the
conditions referred to in Section 54, Paragraph two of this Law
and Paragraph 40 of Transitional Provisions, the owner of the
privatised apartment and artist's workshop shall be obliged to
pay the lease payment for land specified in the contract.
[22 October 2009]
41. Until 1 October 2009, privatisation commissions of town
and rural territory residential houses, except for the
privatisation commissions of republic city residential houses and
residential houses of the city of Jēkabpils and city of Valmiera,
shall be reorganised by establishing privatisation commissions of
municipality residential houses. The privatisation commissions of
residential houses of the city of Jēkabpils and city of Valmiera
shall be reorganised from 1 July to 1 October 2009 by
establishing relevant privatisation commissions of republic city
residential houses.
[12 February 2009]
42. Amendments to this Law regarding the replacement of words
"council (rural territory council)" with the word "council", the
replacement of the word "city" with the words "republic city",
and the replacement of the word "rural territory" with the word
"municipality", to Section 59, Paragraph two, Clause 7 regarding
the replacement of the words "with an authorisation of the city
and municipality council, rural territory council or district
council" with the words "with the authorisation of the republic
city and municipality council", to Section 60, Paragraph two and
Section 68, Paragraphs one and two regarding the replacement of
the words "rural territory council" with the words "municipality
council", and also to Paragraph 17 of Transitional Provisions
regarding the replacement of the words "Orphan's court (parish
court)" with the words "Orphan's and Custody Court" shall come
into force on 1 July 2009.
[12 February 2009]
43. In taking over tasks from the Construction, Energy, and
Housing State Agency, the performance of the tasks of valsts
akciju sabiedrība "Privatizācijas aģentūra" [State
joint-stock company Privatisation Agency] shall be granted out of
the 2009 budget which has been granted to the Construction,
Energy, and Housing State Agency in accordance with Section 67,
Paragraph five, Clause 4 of this Law.
[12 June 2009]
44. The obligation imposed on the owner of a privatised
apartment and artist's workshop to compensate the land owner for
the payment of the immovable property tax for land as provided
for in Section 54, Paragraph two of this Law shall be applicable
from 1 January 2010.
[22 October 2009]
45. [13 June 2019]
46. The owner of a privatised object shall pay the lease
payment referred to in Section 84, Paragraph two of this Law from
1 April 2013.
[21 February 2013]
47. Until the moment when the authority specified by the
Cabinet commences acceptance of the payments referred to in
Section 45, Paragraph three, Section 73.3, Paragraph
nine, and Section 73.4, Paragraph six of this Law,
these tasks shall be carried out by valsts akciju sabiedrība
"Latvijas Attīstības finanšu institūcija Altum" [State
joint-stock company Development Finance Institution Altum].
[16 January 2014]
48. Division of the land owned by the State or local
government referred to in Section 7, Paragraphs five and six, and
also Section 7.1 of this Law and transfer thereof for
privatisation in accordance with the procedures laid down in this
Law or into ownership of the owner of the privatised object in
accordance with the provisions of Section 84 of this Law shall be
commenced from 1 October 2014.
[19 June 2014]
49. In the case specified in Section 7.1 of this
Law, the land in joint property of the State or a local
government and a natural or legal person shall be divided into
actual shares in accordance with the following procedures:
1) a State or local government authority which possesses the
land in joint property of the State or local government and
natural or legal persons shall develop and offer to joint owners
a project for the division of the land in joint property in
actual shares. The developed project for the actual division of
the joint property shall be sent to joint owners for examination.
An announcement regarding the project for the division of the
joint property shall be published in the official gazette
Latvijas Vēstnesis;
2) if the joint owner agrees to the offered project for the
actual division of the joint property, the State or local
government shall transfer the actual share owned thereby for
privatisation within six months after concluding a contract for
the division of the land in joint property into actual
shares;
3) if the joint owner does not agree to the offered project
for the division of the land in joint property or has failed to
provide a response within two months from the day when the
advertisement has been published in the official gazette
Latvijas Vēstnesis, the land in joint property of the
State or local government and natural or legal person shall not
be divided.
[19 June 2014]
50. Amendment to Section 54, Paragraph one of this Law
regarding the lease of the land parcel within the borders of the
land parcel that is functionally necessary shall not be
applicable to the land lease contracts which have been concluded
before 31 December 2014 - the land shall be still leased within
the area specified in the contract. If a court has determined the
land area to be leased, the owner of the privatised object shall
continue leasing the land within the area specified by the court
also after coming into force of the provision of Section 54,
Paragraph one of this Law.
[19 June 2014]
51. Amendment to Section 54, Paragraph two of this Law
regarding the obligation to compensate a land owner for the
cancellation of payments of the immovable property tax for land
shall come into force on 1 January 2015.
[19 June 2014]
52. Amendments to Section 28 of this Law regarding the
determination of the land parcel that is functionally necessary
for a residential house to be privatised, and also Section 75,
Paragraph nine, Sections 85 and 86 shall come into force on 1
July 2015.
[19 June 2014]
53. The Cabinet shall, by 30 September 2015, submit to the
Saeima a draft law regarding termination of a legal
relationship of the divided property between the owner of the
privatised object and the owner of the land parcel on which the
privatised object is located.
[19 June 2014]
54. The Cabinet shall take the decision on which authority
will carry out privatisation of State residential houses in the
future not later than by 1 September 2019. Until the moment when
the Cabinet takes the decision on the authority carrying out
privatisation of State residential houses, the tasks of the
authority carrying out privatisation of State residential houses
which have been specified in this Law shall be fulfilled by
akciju sabiedrība "Publisko aktīvu pārvaldītājs Possessor
(Privatizācijas aģentūra)" [joint-stock company Public Asset
Manager Possessor (Privatisation Agency)].
[13 June 2019]
The 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 © 2022 Valsts valodas centrs (State
Language Centre)