Land under the building and new tariffs: what the law will change for condominiums
The Ministry of Community and Territorial Development has presented a draft law "On the Management of Residential Buildings," which is part of Ukraine's housing reform following the abolition of the Soviet Housing Code.
The document provides for a number of changes in the management system for multi-apartment buildings.
Currently, such buildings are managed by associations of co-owners of multi-apartment buildings (OSBB) or management companies — private or municipal.
Among the main innovations of the draft law is the creation of a separate legal entity for each multi-apartment building where no HOA has been established.
This is a so-called simple co-owners' association, which will be automatically formed and will represent the interests of the owners of flats and non-residential premises.
According to the authors of the bill, such a partnership will be responsible for the building, auxiliary structures, and land plot.
The organisation will also be responsible for accounting for utilities, determining the form of building management and concluding agreements with managers.
Another change will be the automatic registration of co-owners' rights to the land plot under a multi-apartment building.
This right will arise after the building is put into operation and the land plot is classified as "land of a multi-apartment building."
At the same time, the sale or change of the intended use of this land will be prohibited.
A separate provision proposes to equate condominium associations and co-owners' associations with domestic consumers.
This means that they will pay for electricity and gas at residential rates.
In addition, the draft law provides for the establishment of professional requirements for managers of multi-apartment buildings.
It is also proposed to create a single register of multi-apartment building management and to form a complete database of the community's housing stock.
After the discussion is completed, the document is planned to be submitted to the relevant committee of the Verkhovna Rada for consideration.
