SERVICES

HOUSING CODE OF THE REPUBLIC OF AZERBAIJAN

(This Code was approved by the Law of the Republic of Azerbaijan No. 845-IIIQ dated June 30, 2009)

Section One

GENERAL PART

Chapter I

Housing legislation

Article 1. Fundamentals of housing legislation

1.1. Housing legislation is based on the creation of conditions for the exercise of the right to housing by state bodies and municipalities, the security of housing, its inviolability, the inadmissibility of unjustified deprivation of the right to housing, the need for unhindered exercise of rights arising from relations regulated by housing legislation (hereinafter - housing rights), as well as the need to recognize the equality of participants in relations regulated by housing legislation (hereinafter - housing relations) in the ownership, use and disposal of residential space, unless otherwise provided for by this Code, another law or the content of existing relations, the need to restore violated housing rights, ensure their judicial protection, maintain housing stock and ensure the use of residential space for its intended purpose.

1.2. The housing legislation of the Republic of Azerbaijan consists of the Constitution of the Republic of Azerbaijan, the Civil Code of the Republic of Azerbaijan, this Code, other regulatory legal acts and international treaties to which the Republic of Azerbaijan is a party.

1.3. Interstate treaties to which the Republic of Azerbaijan is a party shall be directly applicable to housing relations regulated by this Code (except for cases where an international treaty requires the adoption of an internal normative legal act for its application). If the norms established in an international treaty to which the Republic of Azerbaijan is a party differ from the norms stipulated in the housing legislation, then the norms of the international treaty shall be applied.

Article 2. Basis of housing rights

2.1. Individuals and legal entities shall exercise their housing rights at their own discretion and in their interests, including by issuing orders regarding them. Individuals and legal entities shall be free to determine and exercise their housing rights on the basis of the contract and (or) other grounds stipulated by the housing legislation. When exercising their housing rights and fulfilling their obligations arising from housing relations, individuals and legal entities shall not violate the rights, freedoms and legitimate interests of others.

2.2. Persons legally residing in the territory of the Republic of Azerbaijan have the right to freely choose a place of residence for living as owners, tenants and on other grounds provided for by legislation.

Article 3. Restriction of housing rights

3.1. Housing rights may be restricted only to the extent necessary for the protection of morality, health, rights and freedoms of other persons, ensuring the defense of the country and state security, in accordance with the law.

3.2. Restriction of the right of citizens to freely choose a place of residence for living is allowed only on the basis of this Code and other laws.

Article 4. Ensuring conditions for the exercise of the right to housing

4.0. State bodies and municipalities, within their powers, create conditions for the exercise of housing rights and for this purpose:

4.0.1. assist in the development of the real estate market in order to create the necessary conditions for meeting the housing needs of citizens;

4.0.2. provide citizens with living spaces in accordance with the established procedure on the basis of social rental agreements or on the basis of rental agreements for living spaces of the state or municipal housing fund;

4.0.3. stimulates housing construction;

4.0.4. ensures the protection of the rights and legitimate interests of those who acquire and use residential premises on legal grounds, consumers of communal services, as well as other services related to the housing stock;

4.0.5. ensures control over the implementation of housing legislation, the use of the housing stock and its protection, compliance of residential premises with established sanitary and technical norms and rules, and other requirements of the legislation;

4.0.6. ensures control over the implementation of the requirements established by the legislation during the implementation of housing construction;

4.0.7. takes measures to provide various social strata of the population, especially young families, with preferential mortgage loans.

Article 5. Ensuring the right to inviolability of housing

5.1. Everyone has the right to inviolability of housing. Except for cases established by law or a court decision, no one may enter the apartment against the will of those living in the apartment.

5.2. Entering an apartment without the consent of the residents

In cases and in accordance with the procedure provided for by law, during an emergency, natural disaster, mass unrest or other circumstances of an extraordinary nature, it is allowed to enter the territory only for the purpose of saving the lives of citizens and (or) their property, ensuring their personal safety or public safety, as well as detaining persons suspected of committing a crime, preventing criminal facts of which there is no doubt, or determining the circumstances of a committed crime or an accident that occurred.

5.3. Except for the grounds and procedure provided for in this Code and other laws, no one may be evicted from a residential area or the right of anyone to use the residential area, including the right to use communal services, may be restricted.

Article 6. Housing relations

6.0. Housing legislation regulates relations related to:

6.0.1. the formation, exercise, change and termination of rights to ownership, use and disposal of residential areas included in the state and municipal housing stock;

6.0.2. use of residential areas included in the special housing stock; [1]

6.0.3. use of the common property of the owners of a part of a residential building;

6.0.4. attribution of areas to residential areas and their removal from the housing stock;

6.0.5. accounting of the housing stock;

6.0.6. maintenance and repair of residential areas in a suitable condition;

6.0.7. reconstruction and redevelopment of residential areas;

6.0.8. management of multi-apartment buildings;

6.0.9. establishment and activity of housing construction cooperatives, housing owners' associations, rights and obligations of their members;

6.0.10. provision of communal services;

6.0.11. determination and payment of service fees for residential areas and communal services;

6.0.12. control over the use and maintenance of housing stock, compliance of residential premises with established sanitary and technical norms and rules, and other requirements of the legislation.

Article 7. Participants in housing relations

7.1. The subjects of housing relations are the Republic of Azerbaijan, the Nakhchivan Autonomous Republic, municipalities, individuals and legal entities. State bodies participate in housing relations on behalf of the Republic of Azerbaijan and the Nakhchivan Autonomous Republic within their powers. Municipalities participate in housing relations within the powers granted by the legislative act determining their status.

7.2. Unless otherwise established by this Code and other laws, the provisions of this Code shall also apply to housing relations in which foreigners, stateless persons, and legal entities of foreign countries are participants.

Article 8. Grounds for the formation of housing rights and obligations

8.0. Housing rights and obligations arise from the grounds provided for in this Code, other legislative acts, as well as from the actions of participants in housing relations, even if not provided for in such acts, but which give rise to housing rights and obligations according to the general grounds and essence of housing legislation. The grounds for the emergence of housing rights and obligations are the following:

8.0.1. contracts and other transactions provided for by law, as well as contracts and transactions that do not contradict it, even if not provided for by law;

8.0.2. acts of state bodies and municipalities provided for by housing legislation as the basis for the emergence of housing rights and obligations;

8.0.3. court decisions determining housing rights and obligations;

8.0.4. acquisition of residential premises by ownership on the grounds permitted by law;

8.0.5. membership in a housing construction cooperative;

8.0.6. actions (inactions) of participants in housing relations and the occurrence of events associated with the formation of housing relations by law or other regulatory legal act.

Article 9. Protection of housing rights

9.1. Protection of housing rights is carried out in court in the manner and in cases provided for by legislation.

9.2. Protection of housing rights is carried out by the following methods:

9.2.1. recognition of the right to housing;

9.2.2. restoration of the situation that existed before the violation of the right to housing and prevention of actions that violate this right or create a threat of its violation;

9.2.3. full and partial suspension by the court of the validity of regulatory legal acts of a state body or municipality that violate housing rights and contradict this Code, other laws, as well as other regulatory legal acts adopted in accordance with this Code and having a higher legal force than regulatory acts of state bodies or municipalities;

9.2.4. by a court that violates the housing rights of a state body or municipality and is prohibited by this Code, other laws, as well as in accordance with this Code

non-application of normative legal acts that contradict other normative legal acts adopted and having a higher legal force than normative acts of state bodies or municipalities;

9.2.5. termination of housing relations or change of these relations;

9.2.6. in other ways provided for in this Code and other legislative acts.

Article 10. Duties of the state in the field of housing relations

10.0. The duties of the state in the field of housing relations include the following:

10.0.1. to determine the procedure for accounting for the housing stock;

10.0.2. to determine requirements for residential premises, their maintenance in a suitable condition, the protection of common property in apartment buildings and their maintenance in a suitable condition;

10.0.3. to determine the grounds and procedure for considering citizens in need of residential premises provided under a social rental agreement as low-income;

10.0.4. to determine the procedure for allocating residential areas belonging to the municipal housing stock to low-income citizens under social rental agreements;

10.0.5. to determine citizens from other categories for the purpose of allocating residential areas of the state housing stock;

10.0.6. to determine the procedure for allocating residential areas of the state housing stock to citizens whose categories are determined by legislation and who are in need of residential areas;

10.0.7. to determine the grounds for allocating residential areas under rental agreements of special-purpose residential areas belonging to the state and municipal housing stock;

10.0.8. to determine the procedure for organizing and operating housing cooperatives, determining the legal status of members of such cooperatives, including the procedure for allocating residential areas to them in housing cooperatives;

10.0.8-1. to determine the procedure for managing an apartment building; [2]

10.0.8-2. to determine the procedure for exercising state control over the management of an apartment building;

10.0.9. to determine the procedure for the organization and operation of housing cooperatives, to determine the legal status of members of housing cooperatives;

10.0.10. to determine the conditions and procedure for the reconstruction and redevelopment of residential areas and to agree on such reconstruction and redevelopment;

10.0.11. to determine the grounds and procedure for considering residential areas unfit for habitation;

10.0.12. to consider residential areas of the housing stock unfit for habitation in the established manner;

10.0.13. to determine the rules for the use of residential areas;

10.0.14. to determine the grounds, rules and conditions for the eviction of citizens from residential areas;

10.0.15. legal regulation of individual transactions regarding residential areas;

10.0.16. determine the structure of the payment for living space and communal services, the procedure for calculating and paying this payment;

10.0.17. exercise control over the use and maintenance of living spaces of the state housing fund, compliance of living spaces of this fund with established sanitary and technical norms and rules, other requirements of the legislation;

10.0.18. adopt a decision on the transfer of living spaces to non-residential and non-residential spaces to residential areas in the established manner;

10.0.19. other issues in the field of housing relations that are not within the competence of municipalities and owners of the constituent parts of a residential building.

Article 11. Competences of municipalities in the field of housing relations

11.0. The competences of municipalities in the field of housing relations include the following:

11.0.1. keep records of the municipal housing fund;

11.0.2. to determine the amount of per capita income of family members and the value of taxable property owned by family members in order to consider citizens as low-income and provide them with residential areas of the municipal housing fund on the basis of social rental agreements;

11.0.3. to keep records of citizens in need of residential areas provided on the basis of social rental agreements;

11.0.4. to determine the procedure for providing residential areas of the municipal special-purpose housing fund;

11.0.5. to provide residential areas of the municipal housing fund to low-income citizens on the basis of social rental agreements in accordance with the established procedure;

11.0.6. to consider residential areas of the municipal housing fund unfit for living in accordance with the established procedure;

11.0.7. to exercise control over the use and maintenance of the municipal housing fund, the compliance of the residential areas of that fund with the established sanitary and technical norms and rules, and other requirements of the legislation;

11.0.8. other issues in the field of housing relations, which are attributed to the competence of municipalities by this Code and other laws.

Chapter II

Objects of housing law.

Housing fund

Ma

12. Objects of housing law

12.1. Residential areas are the objects of housing law.

12.2. Residential area is understood as a separate area that is considered real estate in accordance with the Civil Code of the Republic of Azerbaijan and is suitable for permanent residence of citizens (meets the established sanitary and technical norms and rules, other requirements of the legislation (hereinafter - the requirements).

12.3. The procedure for considering an area as a residential area and the requirements it must meet are determined in accordance with this Code and other legislative acts.

12.4. A residential area may be considered unfit for living in accordance with the procedure and grounds established by law.

12.5. The total area of a residential area consists of the total area of all parts of that residential area, including the area of auxiliary areas (except for balconies or verandas) intended for the satisfaction of citizens' household and other needs in connection with their residence in the residential area.

Article 13. Types of living spaces

13.1. The following are considered living spaces:

13.1.1. residential house, part of a residential house;

13.1.2. apartment, part of an apartment;

13.1.3. room;

13.1.4. accommodation facilities provided for in Article 13.5 of this Code.[3]

13.2. An individually defined house consisting of rooms, as well as auxiliary areas intended for meeting household and other needs related to living, is considered a residential house.

13.3. A structurally separate area of an apartment building consisting of one or more rooms, as well as auxiliary areas intended for meeting household and other needs related to living, providing direct access to the common areas of an apartment building is considered an apartment.

13.4. A separate part of a residential house or apartment intended for direct living is considered a room.

13.5. Hotels, hotel-type facilities, the list of which is determined by the relevant executive authority, and other construction facilities intended for temporary residence are considered means of accommodation.[4]

Article 14. Purpose of residential space and limits of its use

14.1. The main purpose of residential space is for people to live in that space.

14.2. Individuals legally residing in a residential space are allowed to use that residential space for the purpose of carrying out professional activities or individual entrepreneurial activities, provided that this does not violate the rights and legitimate interests of other persons, as well as the requirements established for residential space.

14.3. The placement of industrial production in residential spaces is not allowed.

Article 15. Use of residential space

The use of residential space must be carried out in compliance with the rights and legitimate interests of persons residing in that residential space, neighbors, fire safety requirements, sanitary and hygienic, environmental requirements and other requirements of the legislation.

Article 16. State registration of rights to residential areas

Property and other property rights to residential areas shall be subject to state registration in the cases and in the manner provided for in the Civil Code of the Republic of Azerbaijan and other legislative acts.

Article 17. Housing fund

17.1. Housing fund – is the totality of all residential areas located in the territory of the Republic of Azerbaijan.

17.2. According to the form of ownership, the housing fund is divided into the following:

17.2.1. private housing fund – the totality of residential areas owned by individuals and legal entities;

17.2.2. state housing fund – the totality of residential areas owned by the Republic of Azerbaijan on the basis of property rights;

17.2.3. municipal housing fund – the totality of residential areas owned by municipalities on the basis of property rights.

17.3. According to the purposes of use, the state and municipal housing fund are divided into the following:

17.3.1. social housing stock – a set of residential areas provided to citizens on the basis of social rental agreements from state and municipal housing stocks;

17.3.2. special-purpose housing stock – a set of residential areas of state and municipal housing stocks intended for the residence of citizens of separate categories, provided in accordance with the rules of Chapter X of this Code.

17.4. The housing stock must be subject to state registration in accordance with the procedure established by legislation.

17.5. State accounting of the housing stock, along with other forms of accounting of the housing stock, shall provide for its technical accounting, including inventorying and technical passporting of the housing stock (including the preparation (officialization) of documents reflecting technical and other information about residential areas in connection with ensuring the compliance of residential areas with established requirements - technical passports of residential areas).

Article 18. Provisions for the use and maintenance of the housing stock, the established conditions of use of residential areas

State control over compliance with the requirements

Regardless of the form of ownership, state control over the use and maintenance of the housing stock, as well as the compliance of residential areas and utilities with the established requirements, is carried out in accordance with the established procedure by the body (organization) determined by the relevant executive authority.[5]

Article 19. Insurance of residential areas

In order to guarantee compensation for damage caused by the loss (destruction) or damage to residential areas, residential areas may be insured in accordance with the legislation.

Chapter III

Transfer of residential area to non-residential area and non-residential area to residential area

Article 20. Conditions for the transfer of residential area to non-residential area and non-residential area to residential area

20.1. The transfer of residential area to non-residential area and non-residential area to residential area is allowed subject to the requirements of this Code and the legislation on urban planning.

20.2. If the passage to the area transferred from the residential area to the non-residential area is impossible without using the areas providing passage to the residential areas or if there is no technical possibility to establish such passage, if the transferred area remains at the same time as an integral part of the apartment, or is used by the owner of that area or another person as a permanent residence, as well as if the ownership rights to the transferred area are encumbered with the rights of other persons (except for cases where there is a written consent of the persons in whose favor the encumbrance is registered), the transfer of the residential area to the non-residential area is not allowed.

20.3. In multi-apartment buildings, the transfer of apartments to non-residential areas is allowed only if such an apartment is located on the first floor of that building. The transfer of an apartment located on another floor to a non-residential area is allowed only if the areas located directly under the apartment transferred to the non-residential area do not have residential areas.

20.4. The conversion of non-residential premises into residential premises shall not be permitted if such premises do not meet the established requirements or if it is impossible to ensure the compliance of this premises with the established requirements, or if the ownership rights to this premises are encumbered with the rights of other persons, there is no consent of the persons in whose favor the encumbrance has been established.

20.5. The use by the owner of the residential premises and residential houses of an apartment building belonging to a special housing stock as accommodation facilities provided for in Article 13.5 of this Code shall not require the conversion of the residential premises into non-residential premises in accordance with Chapter III of this Code.[6]

Article 21. Procedure for the conversion of residential premises into non-residential premises and non-residential premises into residential premises

21.1. The transfer of a residential area to a non-residential area and a non-residential area to a residential area shall be carried out on the basis of a decision of the relevant executive authority or an entity designated by the relevant executive authority (hereinafter referred to as the body carrying out the transfer).[7]

21.2. In order to transfer a residential area to a non-residential area and a non-residential area to a residential area, the owner of the relevant area or a person authorized by him (hereinafter referred to in this chapter as the applicant) shall submit the following documents to the body carrying out the transfer on the territory of the transferred area:

21.2.1. an application for the transfer of the area (the application shall indicate the purposes of the transfer of the residential area to a non-residential area);

21.2.2. documents determining the rights to the transferred area (original or a notarized copy);

21.2.3. a plan of the transferred area with an indication of its technical description (if the transferred area is a residential area, its technical passport);

21.2.4. floor plan of the building where the site is located.

21.2-1. If the documents specified in Article 21.2 of this Code can be obtained from the relevant state body (institution) through the Electronic Government Information System, these documents are not required from the applicant. In cases where such documents cannot be obtained through the Electronic Government Information System, their submission shall be requested from the relevant state body (institution) upon request with the applicant's consent or shall be provided by the applicant.[8]

21.3. The body implementing the site may not require any other documents than those specified in Article 21.2 of this Code. A receipt shall be issued on the acceptance of documents by the body implementing the site, indicating their list and date of acceptance.

21.4. The decision on the acceptance or refusal of the site shall be made by the body implementing the site based on the results of consideration of the relevant application and other documents submitted in accordance with Article 21.2 of this Code, at the place where the specified documents were submitted to that body.

must be accepted no later than thirty days from the date of adoption.

21.5. The body implementing the transfer of the site shall submit to the applicant or send to the address specified in the application a document confirming the adoption of one of the decisions specified in Article 21.4 of this Code no later than three working days from the date of adoption of one of the decisions specified in Article 21.4. The form and content of this document shall be determined by the relevant executive authority. The body implementing the transfer of the site shall, along with issuing or sending this document to the applicant, inform the owners of the sites adjacent to the site on which the decision was made about the adopted decision.

21.6. In cases where it is necessary to carry out reconstruction and (or) redevelopment or other work on the site to ensure the use of the transferred site as a residential or non-residential area, the document specified in Article 21.5 of this Code shall indicate the requirements for carrying out such work, a list of other work that must be carried out.

21.7. If the area being developed does not require reconstruction and (or) redevelopment and (or) other works, the document specified in Article 21.5 of this Code confirms the development of the area and is the basis for using that area as a residential or non-residential area.

21.8. If reconstruction and (or) redevelopment and (or) other works are required for using the area as a residential or non-residential area, the document specified in Article 21.5 of this Code is the basis for the applicant to perform the relevant reconstruction and (or) redevelopment and (or) other works specified in that document.

21.9. The completion of the reconstruction and (or) redevelopment and (or) other works specified in Article 21.8 of this Code is confirmed by the act of the acceptance commission established by the body implementing the development of the area. The act of the acceptance commission confirming the completion (completion) of the reconstruction and (or) redevelopment and (or) other works shall be sent by the body carrying out the transfer of the site to the body maintaining the state register of real estate for the purpose of conducting state cadastral registration. The act of the acceptance commission confirms the completion of the transfer of the site and is the basis for the use of the transferred site as a residential or non-residential area.

21.10. When using the transferred site as a residential or non-residential area, fire safety, sanitary and hygienic, environmental and other requirements stipulated by legislation must be observed, including the requirements for the use of non-residential areas in multi-apartment buildings.

Article 22. Refusal to transfer residential area to non-residential area and non-residential area to residential area

22.1. Refusal to convert a residential area into a non-residential area and a non-residential area into a residential area shall be allowed in the following cases:

22.1.1. if the documents specified in Article 21.2 of this Code are not submitted (taking into account the requirements of Article 21.2-1 of this Code); [9]

22.1.2. if the conditions for converting a site specified in Article 20 of this Code are not observed;

22.1.3. if the project for the reconstruction and (or) redevelopment of a residential area does not comply with construction norms and rules.

22.2. The decision to refuse to convert a site must be justified with a mandatory reference to the violations specified in Article 22.1 of this Code and an indication of the nature of those violations.

22.3. The decision to refuse to convert a site shall be submitted or sent to the applicant within three working days from the date of its adoption, and the applicant may appeal this decision in court.

Chapter IV

Reconstruction and redevelopment of living space

Article 23. Types of reconstruction and redevelopment of living space

23.1. Reconstruction of living space consists of the installation, replacement and relocation of structural elements in the living space (including load-bearing walls and columns of the living space, inter-storey partitions, landings and stairs), communication devices serving more than one residential or non-residential space in a multi-apartment building (including elevator shafts or other shafts, chimneys, sanitary-technical and other equipment), which require changes to the technical passport of the living space.

23.2. Re-planning of a residential area, except for those specified in Article 23.1 of this Code, includes the dismantling (abolition), relocation or installation of new partitions in a residential area, relocation and installation of new doors, auxiliary areas in the apartment, which require changes to the technical passport of the residential area.

consists of changing the configuration of the living space, such as expanding the area of rooms, installing an additional kitchen or sanitary facilities or changing their location, as well as installing or reinstalling a heating system.

Article 24. Reconstruction and (or) replanning of the living space

24.1. Reconstruction and (or) replanning of the living space is carried out on the basis of a decision of the relevant executive authority or an organization determined by the relevant executive authority (hereinafter referred to as the body carrying out the approval) in compliance with construction norms and rules.

24.2. For the reconstruction and (or) replanning of the living space, the owner of the living space or the authorized representative of the owner (hereinafter referred to in this chapter as the applicant) shall submit the following to the body carrying out the approval at the location of the living space intended for reconstruction and (or) replanning:

24.2.1. an application for reconstruction and (or) replanning of the living space;

24.2.2. documents establishing the right to the residential area subject to reconstruction and (or) redevelopment (originals or notarized copies of documents);

24.2.3. a reconstruction and (or) redevelopment project of the residential area subject to reconstruction and (or) redevelopment, drawn up in accordance with the established procedure;

24.2.4. a technical passport of the residential area subject to reconstruction and (or) redevelopment;

24.2.5. written consent of all family members of the tenant using the residential area subject to reconstruction and (or) redevelopment (including family members who have temporarily moved to another place) of the residential area provided under a social rental agreement (in the case where the applicant is the tenant of the residential area subject to reconstruction and (or) redevelopment, authorized by the landlord to submit the documents specified in Article 24.2 of this Code);

24.2.6. if the residential area intended for reconstruction and (or) redevelopment or the building (house) in which it is located is an architectural, historical and cultural monument, the opinion of the body (organization) determined by the relevant executive authority on the possibility of carrying out reconstruction and (or) redevelopment of that residential area.[10]

24.2-1. If it is possible to obtain the documents specified in Article 24.2 of this Code from the relevant state body (organization) through the Electronic Government Information System, those documents are not required from the applicant. In cases where it is not possible to obtain such documents through the Electronic Government Information System, their submission is required from the relevant state body (organization) upon request with the consent of the applicant or is provided by the applicant.[11]

24.3. The body carrying out the approval may not require the submission of documents other than those specified in Article 24.2 of this Code. The applicant shall be given a receipt indicating the list of documents and the date of acceptance by the body carrying out the approval.

24.4. The decision on approval or refusal to approve shall be made by the body carrying out approval based on the results of consideration of the relevant application and other documents submitted in accordance with Article 24.2 of this Code no later than thirty days from the date of submission of the specified documents to that body.

24.5. The body carrying out approval shall, no later than three working days from the date of adoption of the decision on approval, submit to the applicant or send to the address specified in the application a document confirming the adoption of such a decision. The form and content of this document shall be determined by the relevant executive authority.

24.6. The document provided for in Article 24.5 of this Code shall be the basis for carrying out the reconstruction and (or) redevelopment of the residential area.

Article 25. Refusal to approve the reconstruction and (or) redevelopment of the residential area

25.1. Refusal to approve the reconstruction and (or) redevelopment of a residential area is allowed in the following cases:

25.1.1. if the documents specified in Article 24.2 of this Code are not submitted (taking into account the requirements of Article 24.2-1 of this Code); [12]

25.1.2. if the documents are submitted to another body, not to the relevant body;

25.1.3. if the project for the reconstruction and (or) redevelopment of a residential area does not comply with the sanitary and technical norms and rules established by the legislation for residential areas to the extent that it makes the use of the residential area for its intended purpose dangerous or impossible;

25.1.4. if the reconstruction and

(or) redevelopment project violates the rights and legitimate interests of neighbors or other third parties (except for cases where such neighbors or third parties have given written consent to such reconstruction and (or) redevelopment);

25.1.5. if the reconstruction and (or) redevelopment project of a residential area poses a threat to the life and health of neighbors or other third parties;

25.1.6. if the reconstruction and (or) redevelopment project of a residential area provides for changes in the exterior appearance of the building, in cases where such changes do not meet the requirements established by law in the field of the exterior appearance of the building, architecture and safety.

25.2. The decision to refuse to approve the reconstruction and (or) redevelopment of a residential area must be justified with a mandatory reference to the violations provided for in Article 25.1 of this Code and an indication of the essence of these violations.

25.3. The decision to refuse to approve the reconstruction and (or) redevelopment of a residential area shall be submitted or sent to the applicant within three working days from the date of its adoption, and the applicant may appeal this decision in court.