The Senate reviewed and rejected a new version of the Housing Code at its December 19 meeting, the Senate’s press service said.
Chairman of the Senate’s Judicial, Legal, and Anti-Corruption Affairs Committee Abdulhakim Eshmuratov underscored that novelties had been introduced in the area of legal regulation of housing relations aimed at recognizing the right of private ownership of housing and ensuring the housing rights of socially vulnerable and low-income groups.
According to him, the adoption of the new regulations has demonstrated the need to revise the current Housing Code, adopted in 1998, and bring it into line with modern requirements.
"It should be noted that some overlapping provisions in the Housing Code and the Civil Code contradict each other, rsulting in different interpretations and disputes during law enforcement," said Eshmuratov.
The Housing Code of the Republic of Uzbekistan Bill has been drafted to address these matters.
According to the chief of the committee, the bill had provided for the approval of a new version of the Housing Code, delineating its provisions from civil law, regulating the exercise of ownership of real estate and related restrictions, defining the procedure and grounds for changing the categories of residential and non-residential premises, as well as the procedure for providing places in dormitories, the status and procedure for providing housing for persons with disabilities, the elderly, orphans, and children deprived of parental care, and the status of the Muruvvat and Sakhovat boarding schools.
Meanwhile, Eshmuratov reported that the study and analysis found that the bill contained matters that require revision.
In particular, the paragraph four of Part One of Article 7 of the Code stipulates that the Ministry of Construction, Housing, and Communal Services shall oversee the compliance with the standards and regulations for the technical operation of apartment buildings, as well as requirements for the maintenance of adjacent territories. However, the provisions of current legislation were not taken into account when developing this regulation.
For example, in line with the Articles 11 and 12 of the Management of Apartment Buildings Law, these powers are vested in the Inspectorate for the Control of Multi-Apartment Housing Stock Operations under the Ministry of Housing and Public Utilities and its territorial divisions. Furthermore, a presidential decree dated August 28, 2023, established the Inspectorate for the Control of Construction and Housing and Public Utilities under the Cabinet of Ministers.
"Considering this, it is time to review the powers of the Ministry of Construction and Housing and Public Utilities, as specified in Article 7 of the Code," emphasized Abdulkhakim Eshmuratov.
Article 30 of the Code establishes the procedure for demolishing residential buildings under contracts with owners and constructing new buildings in their place. A similar provision is contained in Article 36, although duplication is not permitted.
Furthermore, Article 40 of the Code defines five categories of individuals in need of improved housing conditions. The Cabinet of Ministers' regulation of February 26, 2019, which has since been repealed, was used as the basis. A new procedure was approved in 2024, providing for additional categories of individuals, including those who have lived in the relevant locality for at least three years.
"Based on the above, it is advisable to review the categories of individuals in need of improved housing conditions specified in Article 40 of the law," the senator underscored.
Article 73 of the Code establishes grounds for suspending rental compensation payments, the wording of which could be interpreted as a cessation of payments, creating the risk of unjustified budget expenditures.
Articles 118-119, regulating the status and operating procedures of the Muruvvat and Sakhovat boarding schools, also require adjustments in light of the administrative reforms that have been implemented.
"Dear senators, in addition to these matters, the bill contains a number of other provisions that need to be revised. These matters are detailed in the draft resolution. Given the above, I ask you to vote for the draft resolution rejecting the Housing Code of the Republic of Uzbekistan Bill,'" Abdulkhakim Eshmuratov concluded.
The senators backed his proposal.