(2023.07.15-ны өдрийн орчуулга)                                                       Unofficial translation

LAW OF MONGOLIA

April 22, 1999               Ulaanbaatar city

ON THE HOUSING

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this Law is to establish powers of state bodies with respect to housing and to regulate relations concerning financing the planning of the housings and housing development activities, changing the purpose of public housing buildings and utilization of the housings. 

/This paragraph was amended by the law as of June 29, 2006/

Article 2.Legislation on the housings

2.1.The legislation on the housings shall consist of the Constitution, the Civil Code, the Law on Land, the Law on privatization of the housing, Law on the Legal Status of the Association of Apartment Owners and Commonly Owned Property of Public Residential Buildings, this Law, and other legislative acts enacted in conformity with these laws. 

/This paragraph was modified by the law as of June 18, 2003/

2.2.If an international treaty to which Mongolia is a party stipulates otherwise than this Law, the provisions of international treaties shall prevail.

Article 3.Definitions of the terms of the Law

3.1.The terms used in this Law shall have the following meanings:

3.1.1."housing" means a public or private residential building, apartment or home;

3.1.2."residential infrastructure" means the external network of residential heating, electricity, communications, gas, water supply, and sewage engineering;

/This sub-paragraph was amended by the law as of February 9, 2011/

3.1.3."housing development activity" means measures to increase housing supply, improve and develop its infrastructure;

/This sub-paragraph was amended by the law as of June 29, 2006/

3.1.4."apartment owner" means a citizen, legal entity, or state authority authorized to dispose of the respective apartment;

3.1.5."residential building environment improvement" means building environment improvement specified in sub-paragraph 3.1.11 of the Law on Construction;

/This sub-paragraph was added by the law of February 9, 2011/

3.1.6."professional organization" means a legal entity authorized to conduct residential engineering networks and equipment repair and operation services;

/This sub-paragraph was added by the law of February 9, 2011/

3.1.7."consumer" means a citizen or legal entity specified in sub-paragraph 3.1.8 of the Law on Water Supply and Sewerage in Cities and Towns and sub-paragraph 3.1.13 of the Law on Energy;

/This sub-paragraph was added by the law of February 9, 2011/

3.1.8."supplier" shall mean the legal entity specified in sub-paragraph 3.1.9 of the Law on Water Supply and Sewerage in Cities and Towns and sub-paragraph 3.1.12 of the Law on Energy;

/This sub-paragraph was added by the law of February 9, 2011/

3.1.9."technical room" means a room for engineering networks and equipment;

/This sub-paragraph was added by the law of February 9, 2011/

3.1.10."apartment building that does not meet the requirements for use" means an apartment building that has been prohibited from being used by the decision of the competent authority for building inspection based on the conclusion of the building technical supervisory inspector.

/This sub-paragraph was added by the law of February 9, 2011/

/This sub-paragraph was amended by the law of November 11, 2022/

Article 4.The principles to be adhered to by the state with respect to housing

4.1.The state shall adhere to the following principles regarding housing:

4.1.1.to create conditions for citizens to provide themselves with housing that meets hygiene and safety requirements;

4.1.2.to be based on the basic requirements of the market economy when developing and implementing policies for the development of housing and its infrastructure;

4.1.3.to support through policy by the state in the planning and construction of housing regions, sub-regions and their infrastructure, and to increase the participation of the private sector;

/This sub-paragraph was modified by the law of February 9, 2011/

4.1.4.to develop the housings in the ger area into a well-equipped residential area.

CHAPTER TWO

POWERS OF STATE BODIES WITH RESPECT TO THE HOUSING

Article 5.Power of the State Great Khural

5.1.The State Great Khural shall exercise the following powers with respect to housing:

5.1.1.to define the state policy for the development of housing and its infrastructure, the provision of housing for vulnerable sections of the population and civil servants, and to monitor its implementation;

5.1.2.to determine the amount of funds to be allocated by the state for the development of housing and its infrastructure.

Article 6.Powers of the Government

6.1.The Government shall exercise the following powers with respect to housing:

6.1.1.to monitor the implementation of the policy for the development of housing and its infrastructure within the framework of the state policy to be adhered to with respect to housing;

/This sub-paragraph was amended by the law of February 9, 2011/

/This sub-paragraph was amended by the law of December 17, 2021/

6.1.2.to take measures to improve the financing of the housing system.

Article 7.Powers of the state central administrative body in charge of housing matters

7.1.The state central administrative body in charge of housing matters shall exercise the following powers with respect to housing:

7.1.1.to develop and to be approves the state policy on the housing and programs for the development of housing and its infrastructure;

/This sub-paragraph was amended by the law of February 9, 2011/

7.1.2.to approve housing planning and utilization normative, rules and procedures, control the standard and to be enforced them;

/This sub-paragraph was amended by the laws as of May 15, 2003 and February 9, 2011 respectively/

7.1.3.to implement, coordinate, manage and monitor housing development activities;

/This sub-paragraph was amended by the laws as of June 29, 2006 and February 9, 2011 respectively/

7.1.4.to monitor the implementation of housing legislation, rules, procedures, instructions, norms, and standards;

/This sub-paragraph was amended by the law as of February 9, 2011/

7.1.5.to establish a unified database of housing.

/This sub-paragraph was invalidated by the law as of February 9, 2011/

Article 71.Powers of the state administrative body in charge of housing matters

71.1.The state administrative body in charge of housing matters shall exercise the following powers:

71.1.1.to ensure the implementation of policies and legislation to be followed by the state regarding housing;

71.1.2.to develop and implement the housing planning and utilization norms, rules, procedures and standards;

71.1.3.to ensure the implementation of projects and programs for the development of housing and its infrastructure;

71.1.4.to establish and operate a network by creating a housing database.

/This Article 71 above was added by the law as of February 9, 2011/

Article 8.Powers of the Citizens' Representatives Khurals and the Governors of Aimags, Soums, Capital city and Districts

/The title of this article was amended by the law as of April 22, 2022/

8.1.The Citizens' Representatives Khurals of Aimags, Soums, Capital city, and Districts shall exercise the following powers with respect to housing:

/This paragraph was amended by the law as of April 22, 2022/

8.1.1.to determine and monitor the implementation of a policy to increase the supply of housing in the respective territory, to improve its quality and to provide housing to vulnerable sections of the population;

8.1.2.to approve a general plan for housing development in the respective territory upon submission by the Governor;

8.1.3.to determine the amount of funds to be inserted from the aimag and capital city budgets for housing development activities.

/This sub-paragraph was amended by the law as of June 29, 2006/

8.2.Governors of aimags, soums, capital city, and districts shall exercise the following powers with respect to housing:

/This paragraph was amended by the law as of April 22, 2022/

8.2.1.develop a general plan for the development of housing in the respective territory and draft a partial plan for the residential area and submit it to the Citizens' Representatives Khurals;

8.2.2.to organize the development and implementation of the housing programs;

8.2.3.to organize housing inventory and passporting work, maintain a database, and provide relevant information to the state central administrative body in charge of housing matters;

/This sub-paragraph was amended by the law as of February 9, 2011/

8.2.4.to solve the issues on financing of the housing development activities.

/This sub-paragraph was added by the law as of June 29, 2006/

Article 81.Rights and obligations of professional organizations

81.1.The professional organization shall have the rights and obligations specified in paragraph 19.1 of the Law on the Legal Status of the Association of Apartment Owners and Commonly Owned Property of Public Residential Buildings.

/This Article 81 above was added by the law as of February 9, 2011/

CHAPTER THREE

PLANNING THE HOUSING AND ITS INFRASTRUCTURE

/The title of this chapter was amended by the law as of February 9, 2011/

Article 9.Partial general plan of residential area

/The title of this article was amended by the law as of February 9, 2011/

9.1.Measures for new construction, renovation and expansion of housing and its infrastructure shall be implemented in accordance with the partial general plan of the residential area.

/This paragraph was modified by the law as of February 9, 2011/

9.2.The partial general plan of the residential area shall include the ger districts of central and settlement areas, newly built residential areas, and residential areas in the built-up area.

/This paragraph was modified by the law as of February 9, 2011/

9.3.The partial general plan of the residential area shall comprehensively reflect the location of the apartment, its infrastructure, environmental landscaping, and social service buildings.

/This paragraph was modified by the law as of February 9, 2011/

9.4.The following requirements shall be met when developing partial general plans for residential areas:

/This paragraph was amended by the law as of February 9, 2011/

9.4.1.to plan and develop housing together with its infrastructure in the respective territory, and to efficiently connect it to the infrastructure network when additional housing is built;

9.4.2.to ensure hygiene and safety of residents;

9.4.3.not to have adverse impacts and consequences on the environment.

9.5.In accordance with the general development plan of the city and village, a partial general plan of the residential area shall be prepared.

/This paragraph was modified by the law of February 9, 2011/

9.6.The partial general plan of the residential area shall be the grounds when allocating land to citizens for residential purposes.

/This paragraph was amended by the law of February 9, 2011/

9.7.If there is no partial general plan of the residential area in the center or settlement areas, the requirements specified in paragraph 9.4 of this Law shall be met when allocating land for residential purposes.

/This paragraph was amended by the law of February 9, 2011/

CHAPTER FOUR

FINANCING OF THE HOUSING DEVELOPMENT ACTIVITIES

/The title of this chapter was amended by the law as of June 29, 2006/

Article 10.Housing development fund and its management organization

10.1.The Housing Development Fund shall be used to finance measures to increase the supply of housing, improve its infrastructure, and develop it.

10.2.The State Housing Development Fund shall be under the jurisdiction of the state central administrative body in charge of housing matters; and the local fund for housing development shall be under the jurisdiction of the Governors of the aimags and the capital city, respectively.

/This paragraph was amended by the law as of January 27, 2005/

10.3.The Government shall determine the procedures for the creation, disposal and reporting of state and local funds for housing development.

/This Article 10 above was invalidated by the law as of June 29, 2006/

Article 11.Financig of the housing development activities

/The title of this article was amended by the law as of June 29, 2006/

11.1.Development activities of housing and its infrastructure shall be financed from the following sources:

/This paragraph was amended by the laws as of June 29, 2006 and February 9, 2011 respectively/

11.1.1.funds to be provided from the state, aimags and capital city budgets;

/This sub-paragraph was amended by the laws as of January 2, 2003 and June 29, 2006 respectively/

11.1.2.interest on depositing the free balance of fund assets in the bank;

/This sub-paragraph was invalidated by the law as of June 29, 2006/

11.1.3.donations, assistance, and investments by the international organizations, foreign countries, Mongolian and foreign business entities, organizations, and citizens;

/This sub-paragraph was amended by the laws as of June 29, 2006 and February 9, 2011 respectively/

11.1.4.income from credit operations;

11.1.5.income from the sale of securities;

11.1.6.assets of housing development fund;

/This sub-paragraph was added by the law as of February 9, 2011 and was invalidated by the law as of January 23, 2015/

11.1.7.other sources.

/The numbering of this sub-paragraph was amended by the law as of February 9, 2011/

11.2.Relations in connection with the formation, spending, performance reporting and monitoring of housing development funds shall be regulated by the Law on Government Special Funds.

/This paragraph was added by the law as of February 9, 2011, and invalidated by the law as of January 23, 2015/

11.3.The budget portfolio manager of the housing development fund shall be a Cabinet member in charge of housing matters.

/This paragraph was added by the law as of February 9, 2011, and invalidated by the law as of January 23, 2015/

11.4.The repair and service costs of the part belonging to state or local property or to other properties except for the parts belonging to the civil or shared ownership of the public apartment shall be financed from the depreciation and amortization of the fixed assets, or with budget funds.

/This paragraph was added by the law as of February 9, 2011, and it was amended by the law as of January 23, 2015/

Article 12.Spending assets of the housing development fund

12.1.The assets of the housing development fund shall be used to finance the following expenses:

12.1.1.to renovate, improve, or build a new one of shared or private housing and its infrastructure;

12.1.2.to provide loans to citizens and legal entities for the purposes specified in sub-paragraph 12.1.1 of this Law;

12.1.3.other costs specified by law.

12.2.It shall be prohibited to use the assets of the housing development fund for purposes other than those specified in paragraph 12.1 of this Law.

/This Article 12 above was invalidated by the law as of June 29, 2006/

Article 13.Approving the housing development fund budget

13.1.The amount of funds to be allocated from the state budget to the state fund for housing development shall be determined annually by the State Great Khural based on the proposal of the Government.

/This paragraph was amended by the law as of January 2, 2003/

13.2.The amount of funds to be allocated from the aimag and capital city budgets to the local fund for housing development shall be reflected specifically and approved by the Citizens' Representatives Khurals of Aimags and Capital City in the annual budget.

/This Article 13 above was invalidated by the law as of June 29, 2006/

CHAPTER FIVE

UTILIZATION OF THE PUBLIC RESIDENTIAL BUILDINGS

/The title of this chapter was amended by the law as of February 9, 2011/

Article 14.Repair and service of public residential buildings

14.1.The Association of Apartment Owners shall regularly carry out repairs and maintenance of jointly owned property, landscaping of lands and surrounding areas, surrounding roads and fields, and shall be responsible for the related expenses as specified in Article 16 of the Law on the Legal Status of the Association of Apartment Owners and Commonly Owned Property of Public Residential Buildings.

/This paragraph was amended by the law as of June 18, 2003/

14.2.The repair, service, and improvement work specified in paragraph 14.1 of this Law may be performed by the houseowner himself or by an authorized professional organization or individual on the basis of a contract.

/This paragraph was amended by the law of June 18, 2003/

14.3.Every time there is a breakdown or damage to the engineering network and equipment of the apartment, the resident shall be obliged to notify the authorized professional organization immediately, and provide the necessary assistance to the person who will carry out the repair and service.

14.4.When the resident is away, in the event of damage and injury to the apartment, such as water leakage or setting of fire, which may cause damage or injury to the safety or property of other residents, if deemed necessary, he/she may enter the apartment and remove the damage or injury, and the Association of Apartment Owners or residents and in the presence of a representative of the police organization shall make an act in regards with it and take the measures to protect the property of the resident who was absent.

/This paragraph was amended by the law as of February 9, 2011/

14.5.It shall be prohibited to block the movement of surrounding roads and areas of the residential area and disturb others.

14.6.In the event that there is a need to cut off the water, heat, and electricity supply to the customer's apartment when the customer performs repairs and services by a contracted professional organization, the supplier shall be responsible for making the cut and connection smoothly and immediately based on the customer's order and request, and to monitor its performance.

/This paragraph was added by the law as of February 9, 2011/

14.7.Damages caused due to failure to fulfill contractual obligations to remove the damages and injuries caused to apartments and jointly owned property /for example to break and make a damage to lines and equipment of the clean, waste water, heating, domestic hot water etc.) shall be borne by the respective contracted professional organization.

/This paragraph was added by the law as of February 9, 2011/

Article 141.Engineering supply and landscaping of residential buildings

141.1.It shall be prohibited to calculate the assets spent on the external networks, substations of the engineering of the apartment building, water and heat transfer centers and other service facilities in the cost of the apartment.

141.2.The landscaping of the apartment building shall be transferred to the joint ownership of the apartment owners.

141.3.In the event that the investor owns the external network, substation of the engineering of the apartment building, water and heat transfer center, its maintenance and service shall be performed by itself or by a professional organization on the basis of a contract.

141.4.The supplier organization shall be obliged to pay the commission for the products sold using the outside engineering network of the apartment building to the user professional organization according to the tariff set by the authorized organization.

141.5.The contracted professional organization shall annually report to the residents the financial report related to the fees and charges for services such as providing water, heat, and electricity to the residents.

141.6.Based on the actual amount of private investment in residential building engineering, pipelines, substations, water and heat transfer centers, the investor can sign a contract and transfer it to the local property.

/This Article 141 above was added by the law as of February 9, 2011/

Article 15.Changing the purpose and planning of public residential buildings

15.1.It shall be prohibited to change the basic design and construction of the apartment building from the original plan, to add additional load, and to make expansion.

/This paragraph was modified by the law as of February 9, 2011/

15.2.The state central administrative body in charge of housing matters shall determine the requirements for changing the purpose of an apartment in a public residential building, removing the respective apartment from the housing fund, as well as changing the planning, main structure, design, and engineering network of the apartment, and the procedures on issuing a permit and monitoring it.

/This paragraph was invalidated by the law as of February 9, 2011/

15.3.It shall be prohibited to change the purpose of the technical room of the apartment building.

/This paragraph was added by the law as of February 9, 2011/

Article 151.Public housing that does not meet operational requirements

151.1.It shall be prohibited to use residential buildings for public purposes that do not meet operational requirements.

151.2.As soon as the apartment owners receive a decision from the competent authority for building inspection that the apartment no longer meets the requirements for use, they will submit a request for re-development by a majority vote of the apartment owners and submit it to the Governor of the respective aimag or capital city.

/This paragraph was amended by the law as of November 11, 2022/

151.3.An investor who will build a new residential building in place of a public housing that that no longer meets the requirements for use shall enter into a contract with the Governors of the aimags and capital city and the apartment owners and such contract shall reflect the issues including the relocation of apartment owners, provision of temporary apartments, period of commissioning of new apartments, size of area, price, payment and responsibilities.

151.4.The owners of public housing apartments that do not meet the requirements of use shall have the right to first ownership of newly built apartments on the basis of the contract with the investor, and the area of the new apartment to be owned shall not be less than the area of the old apartment.

151.5.The owner of a public housing apartment that no longer meets the requirements for use shall have the right to sell the old apartment at the market price in agreement with the investor, or to receive compensation.

151.6.Upon issuing a decision of the Governor of an aimag or capital city to demolish, redevelop, or build a new apartment for a public apartment that does not meet the requirements for use, the respective apartment shall be removed from the database and the right to use the apartment shall be terminated.

151.7.The land for the construction of new public-purpose residential buildings in place of public-purpose housing that no longer meets operational requirements shall be owned by the state.

/This Article 151 above was added by the law as of February 9, 2011/

Article 16.Carrying out the production and services in public residential buildings

16.1.Production and services other than those specified in paragraph 17.1 of this Law may be engaged in the area built for the purpose of production and service in a public apartment building and in the apartment without violating the rights and legal interests of other residents.

/This paragraph was amended by the law of February 9, 2011/

16.2.In case of engaging in production and services that require a permit, the citizen, business entity, organization, or apartment owner shall obtain the appropriate permit from the competent authority in accordance with the procedure specified in the law.

/This paragraph was amended by the law of February 9, 2011/

/This paragraph was amended by the law of June 17, 2022/

16.3.The competent authority for conducting the building inspection, the Governor's Office of the aimag, soum, capital city and district, shall monitor and inspect the activities of citizens and legal entities being engaged in production and services in their apartments in accordance with the housing and other relevant legislation as well as Charter of the Apartment Owners' Association of the respective housing.

/This paragraph was amended by the law as of April 22, 2022/

/This paragraph was amended by the law as of November 11, 2022/

16.4.Unless otherwise provided by the law, the state authorities shall be prohibited from directly or indirectly restricting the rights of citizens, business entities, organizations, and apartment owners.

/This paragraph was amended by the law as of February 9, 2011/

16.5.Citizens and legal entities being engaged in production and services other than those specified in Article 17 of this Law in public residential buildings shall be responsible for creating conditions for maintaining a repair and maintenance of jointly owned property.

/This paragraph was added by the law as of February 9, 2011/

Article 17.Prohibition of production and services in public residential buildings

17.1.It shall be prohibited to engage in the production and services that violates the building planning, hygiene, quality and safety standards, as well as the following production and services in public residential buildings:

/This paragraph was amended by the law as of February 9, 2011/

17.1.1.to handle toxic chemicals;

17.1.2.to store and sell explosive or flammable materials other than those required for household use;

17.1.3.to store and sell materials and substances with a strong smell;

17.1.4.to use of radioactive substances, electromagnetic field generators, live bacterial cultures, pesticides;

17.1.5.to use pressure vessels and steam equipment;

17.1.6.to receive and sell leather and raw materials;

17.1.7.to operate saunas, public baths and laundry facilities, public toilets, catering facilities in non-designated premises, and to make noise exceeding 40 dBA;

/This sub-paragraph was modified by the law as of February 9, 2011/

17.1.8.to produce alcoholic beverages;

17.1.9.other production and services prohibited by the legislation.

CHAPTER SIX

MISCELLANEOUS

Article 18.Liabilities to be imposed on violators of the law

18.1.An individual or a legal entity who has breached this Law is subject to the liability in accordance with Criminal code or Law on Violations. 

/This article was modified by the law as of December 4, 2015/

Article 19.Dispute resolution

19.1.If a citizen, business entity, and/or organization disagrees with the decision of the state inspectors, they shall submit their complaint to the higher-level state inspectors.

/This paragraph was amended by the law as of February 9, 2011/

/This paragraph was amended by the law as of November 11, 2022/

19.2.If the decision of the general state inspector is disagreed, the dispute shall be resolved by the court.

/This paragraph was amended by the law as of February 9, 2011/

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA GONCHIGDORJ.R