The act of inspection of buildings and structures: when is it needed and how to draw it up. Specifications Decision on demolition of the building sample

Protection of the rights of owners of residential premises is currently provided for by the current legislation.
As for rights of owners of non-residential premises (offices, shops, pharmacies located in demolished buildings) - their rights are currently protected by the provisions of the civil code regarding the alienation of land for state or municipal needs (this is where we attributed the demolition of the house in connection with the "renovation"):
In accordance with paragraph 3 of Art. 239.2 of the Civil Code of the Russian Federation
"Alienation of buildings, structures, premises located in such buildings, structures, construction in progress in connection with the withdrawal land plot for state or municipal needs is carried out according to the rules provided for the withdrawal land plots for state or municipal needs".
In accordance with paragraph 6 of Art. 279 of the Civil Code of the Russian Federation, the terms, amount of compensation and other conditions under which a land plot is withdrawn for state or municipal needs are determined by an agreement on the withdrawal of a land plot and real estate objects located on it for state or municipal needs (hereinafter referred to as the withdrawal agreement).
In the case of compulsory seizure, such conditions are determined by the court.
In accordance with Art. 56.9 Chapter VII.1 of the Land Code Russian Federation, dated October 25, 2001 N 136-FZ, an agreement on the seizure of real estate for state or municipal needs contains ... the amount and procedure for paying compensation for real estate;
With the consent of the persons from whom the objects are confiscated real estate, the agreement on the seizure of real estate may provide for the provision of other real estate objects in exchange for the seized ones.
At the same time, the agreement on the seizure of real estate specifies:
- the market value of real estate objects transferred or provided on the basis of the right of ownership in exchange for the withdrawn real estate objects;
- market value of other rights (for example, lease);
- the difference between the amount of compensation for the withdrawn real estate and market value transferred or provided in exchange for real estate, rights to them, the procedure for paying such a difference to the person from whom the real estate is confiscated.
At the same time, in accordance with Art. 56. 12 of the Land Code of the Russian Federation, a court decision on the seizure of real estate objects seized for municipal needs for the purpose of integrated development of the territory can be challenged in terms of the amount of compensation for the seized real estate objects.
Thus, at present, when a property is withdrawn, monetary compensation is due, and in the case of the AGREEMENT of the owner, the provision of another dwelling to replace the one being withdrawn, with the payment of the difference in value.

However, according to the draft federal law No. 120505-7 “On Amendments to the Law of the Russian Federation “On the Status of the Capital of the Russian Federation” and certain legislative acts of the Russian Federation in terms of establishing the features of the renovation of the housing stock in the capital of the Russian Federation - the city of federal significance Moscow (adopted by the State Duma in the first reading on April 20, 2017), now the owner of a non-residential premises located in an apartment building included in the renovation decision is invited to conclude an agreement defining the transfer of ownership of the non-residential premises, for one of equivalent non-residential premises owned by the city of Moscow or the fund.
An equivalent non-residential premises is a non-residential premises located on the territory of the city of Moscow, the area of ​​​​which is not less area vacated non-residential premises .
In the event of unreasonable evasion of the specified owner from concluding this agreement within more than sixty days from the date of sending him the draft of the specified agreement, the authorized executive body of the city of Moscow or the fund has the right to apply to the court with a demand to compel the conclusion of an appropriate agreement that determines the transfer of ownership of non-residential premises .
It means that upon adoption of the law, the rights of the owner of such premises will not be protected by anything !
Now you can not claim a decent monetary compensation for your destroyed property.
One option for a room of the same size is offered, and you cannot refuse it.
No one compensates for the losses incurred during the move, during the termination of the lease, the difference in price between the old and the new (possibly much cheaper) premises.
We see in this situation a fundamental violation of the rights of the owner, guaranteed by the Constitution:

In accordance with Art. 35 of the Constitution of the Russian Federation,

1. The right of private property is protected by law.
2. Everyone has the right to own property, own, use and dispose of it both individually and jointly with other persons.
3. No one may be deprived of his property except by a court decision. The expropriation of property for state needs may be carried out only on the condition of prior and equivalent compensation.

The new bill does not speak of equal compensation (of equal cost), but of some “equivalent” residential premises of the same size, which, as we understand, will be located in another district of Moscow and there is no need to talk about equal cost.
In accordance with Art. 15 of the Constitution, the Constitution of the Russian Federation has the highest legal force, direct effect and is applied throughout the territory of the Russian Federation.
Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.
In this case, we are witnessing the adoption of a law that directly contradicts the Constitution of the Russian Federation.
Thus, it can be said that any decisions made courts on the compulsory conclusion of an agreement “determining the transfer of ownership of an equivalent residential premises” will entail immediate complaints to the Constitutional Court of the Russian Federation.
Which will eventually lead to the abolition of the provisions of the unconstitutional law and, as a result, the abolition of hundreds of court decisions.

GOVERNMENT OF THE MOSCOW REGION

RESOLUTION

On the procedure for making decisions on the demolition of real estate objects owned by the Moscow Region

Document as amended by:
(Official website of the Government of the Moscow Region www.mosreg.ru, 07/24/2017);
(Official website of the Government of the Moscow Region www.mosreg.ru, 27.09.2017);
(Official website of the Government of the Moscow Region www.mosreg.ru, 10/22/2019).
____________________________________________________________________

In accordance with the Law of the Moscow Region N 4/2007-OZ "On the Property of the Moscow Region" and in order to improve the efficiency of managing real estate owned by the Moscow Region, the Government of the Moscow Region

decides:

1. Approve the attached Procedure for making decisions on the demolition of real estate objects owned by the Moscow Region.

2. The implementation of decisions on the demolition of real estate objects owned by the Moscow Region is carried out at the expense of extra-budgetary funds, except in cases where government programs The Moscow Region provides for measures related to the implementation of decisions on the demolition of real estate objects owned by the Moscow Region, financed from the budget of the Moscow Region.

Budget allocations for activities related to the implementation of decisions on the demolition of real estate objects owned by the Moscow Region, financed from the budget of the Moscow Region, are provided to the Ministry building complex Moscow Region, the Ministry of Property Relations of the Moscow Region in accordance with the activities of the state programs of the Moscow Region implemented by them.
(Paragraph as amended by Decree of the Government of the Moscow Region dated October 22, 2019 N 764/36.

3. Set that government customers for activities related to the implementation of decisions on the demolition of real estate objects owned by the Moscow Region, financed from the budget of the Moscow Region, are the Ministry of the Construction Complex of the Moscow Region, the Ministry of Property Relations of the Moscow Region in accordance with the measures they implement state programs of the Moscow Region.
Decree of the Government of the Moscow Region of October 22, 2019 N 764/36.

4. The Main Directorate for Information Policy of the Moscow Region shall ensure the official publication of this resolution in the newspaper "Daily News. Podmoskovye" and posting (publication) on the website of the Government of the Moscow Region in the Internet portal of the Government of the Moscow Region.

5. To impose control over the implementation of this resolution on the Deputy Chairman of the Government of the Moscow Region - Minister of Ecology and Nature Management of the Moscow Region Kurakin D.A.
(Clause as amended by Decree of the Government of the Moscow Region dated October 22, 2019 N 764/36.

Governor
Moscow region
A.Yu.Vorobiev

The procedure for making decisions on the demolition of real estate objects owned by the Moscow Region

APPROVED
Government Decree
Moscow region
dated August 18, 2016 N 594/27

1. This Procedure for making decisions on the demolition of immovable property owned by the Moscow Region (hereinafter referred to as the Procedure) regulates the procedure for making decisions on the demolition of immovable property owned by the Moscow Region, with the exception of residential and apartment buildings(hereinafter - the objects of regional property), and the organization of the demolition of objects of regional property.

2. The decision on demolition is made in relation to objects of regional property:

fixed on the right of operational management for state autonomous, budgetary and state institutions of the Moscow Region, central executive bodies of state power of the Moscow Region and state bodies of the Moscow Region (hereinafter - institutions, government bodies);

fixed on the right of economic management or operational management of state unitary enterprises of the Moscow Region (hereinafter referred to as enterprises);

constituting the treasury of the Moscow region.

3. The decision to demolish is made if one of the grounds exists:

in relation to an object of regional property, a decision was made to write it off in accordance with the Procedure for writing off property owned by the Moscow Region, approved by Decree of the Government of the Moscow Region dated March 25, 2016 N 228/8 "On the procedure for writing off property owned by the Moscow Region" (hereinafter - The order of write-off);

an object of regional property located on a land plot for which a decision was made to withdraw it for state needs of the Moscow Region in accordance with the legislation of the Russian Federation.

4. The decision to demolish objects of regional property constituting the treasury of the Moscow Region is made by the Ministry of Property Relations of the Moscow Region.

5. The decision to demolish objects of regional property assigned to the institution, enterprise on the right of operational management, economic management is taken by the institution, enterprise in agreement with the state bodies in whose departmental subordination they are, and the Ministry of Property Relations of the Moscow Region.

The decision to demolish objects of regional property assigned to state bodies is made by state bodies in agreement with the Ministry of Property Relations of the Moscow Region.

The term for approval of a decision on the demolition of objects of regional property in the Ministry of Property Relations of the Moscow Region should not exceed 30 calendar days.

6. The decision on the demolition of objects of regional property must contain:

a) the name of the object of regional property;

b) the location of the object of regional property to be demolished (in the absence of a description of its location);

c) cadastral or conditional number (if any);

d) the number of the entry on the state registration of the property right of the Moscow Region in the Unified state register real estate (if any);
Decree of the Government of the Moscow Region of July 4, 2017 N 565/23.

e) the state body exercising control over the implementation of the decision on the demolition of an object of regional property;

f) source financial support measures related to the implementation of the decision on the demolition of regional property;

g) the term for the implementation of the decision on the demolition of objects of regional property.

7. A copy of the decision on the demolition of objects of regional property is sent to the Ministry of the Construction Complex of the Moscow Region within three days if the activities related to the implementation of the decision on the demolition of regional property are financed from the budget of the Moscow Region.

8. When implementing the decision on the demolition of objects of regional property, state bodies, enterprises and institutions ensure the implementation of the following measures:

organization of work on the demolition (dismantling) of objects of regional property;

taking measures to prevent harm to the population and the environment, including measures to prevent unauthorized access of people to the object of regional property;

organization of activities for the disposal of construction waste;

organization of the state cadastral registration or state accounting object, including technical accounting;

registration of an inspection report confirming the termination of the existence of an object of regional property in accordance with Article 23 of the Federal Law of July 13, 2015 N 218-ФЗ "On State Registration of Real Estate";
(Paragraph as amended, put into effect on September 28, 2017 by Decree of the Government of the Moscow Region of September 27, 2017 N 811/35.

organization of measures to remove objects of regional property that have ceased to exist from cadastral registration;

organization of events for state registration of the termination of the Moscow Region's ownership of objects of regional property that have ceased to exist in the Unified State Register of Real Estate;
(Paragraph as amended, put into effect on July 25, 2017 by Decree of the Government of the Moscow Region of July 4, 2017 N 565/23.

providing information to the Ministry of Property Relations of the Moscow Region about objects of regional property that have ceased to exist, in order to exclude them from the register of property owned by the Moscow Region.

9. The Ministry of Property Relations of the Moscow Region ensures the exclusion from the register of property owned by the Moscow Region of information about objects of immovable property that have ceased to exist in relation to objects of regional property constituting the treasury of the Moscow Region.

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

It should be noted that the death or destruction in accordance with civil law refers to the irreversible physical cessation of the existence of a thing in its original form, which makes it impossible to satisfy the initial needs of the owner. At the same time, the termination of the existence of a thing upon its death or destruction must be truly irreversible.

Unified form KS-10 - Assessment report for demolition (transfer) of buildings, structures: download sample

• the owner of the construction site to be demolished, or his representative, endowed with the appropriate list of powers;
• persons delegated by the customer (developer) of a new facility planned for construction at a given location;
• an officer representing the Bureau of Technical Inventory;
• if there is a need in the composition of the commission, the presence of other representatives of organizations interested in this event is possible.

New form of survey act 2020

1. decisions of the executive authority of a constituent entity of the Russian Federation or a municipality on the recognition of a real estate object in the manner prescribed by law as dilapidated or emergency, as well as in the case of construction of real estate objects closer than the established ones building codes and the rules of minimum distances to objects of gas supply systems, on lands highways, in roadside lanes and reserve zones in violation of the established procedure for the use of these lands, in violation of the norms of the current environmental legislation and in other cases; a document confirming the withdrawal for state or municipal needs of a land plot with real estate objects located on this land plot subject to demolition; a document confirming the development of the built-up area on which the property subject to demolition is located; other documents on the basis of which a decision was made to carry out the demolition (dismantling) in the event of a forced seizure of the property from the owner;
2. design documentation of the object capital construction(with the exception of project documentation linear facilities) in case of demolition or dismantling of a capital construction facility, its parts for construction, reconstruction of other capital construction facilities;
3. decisions of the owner of a building, structure, construction in progress on the demolition of a real estate object in the event of a voluntary demolition of the object;
4. documents of the executive authority of a constituent entity of the Russian Federation or a municipal formation confirming the fact of natural disasters or other emergencies in the event of the cessation of the existence of a building, structure, object of construction in progress due to the death of such a property or the cessation of the existence of a premises due to the death of a building or structure, in which it was located, the destruction of a part of the building or structure within which such premises were located, for reasons beyond the control of the will of the owner of such a property;
5. other documents established by legislative and other regulatory legal acts Russian Federation.

Building demolition act

• the owner of a building, structure or structure, as well as plantings that are subject to demolition. Instead of the owner, the commission may include his legal representative or authorized person;
• the developer, represented by an authorized or legal representative who will directly perform construction and installation work on the construction of the facility;
• bureau of technical inventory represented by its representative;
• other persons interested in drawing up the act (if necessary).

The act of inspection of buildings and structures: when is it needed and how to draw it up

The cadastral engineer can work independently or be an employee of the company. There are many specialized firms on the market: bureaus of technical and construction expertise, cadastral bureaus, architectural, design and construction organizations etc. All of them can have cadastral engineers on their staff. By law, in order to be eligible to provide such services, at least two such specialists must be hired. At the same time, in addition to the personal responsibility of experts, the company-employer must also provide a guarantee of the quality of work. How not to make a mistake with the choice of an organization and a particular specialist, said the representative of the Moscow Cadastral Bureau:

We reflect in accounting and tax accounting the demolition of the building, the further use of which is inappropriate

When reflecting in the accounting of the liquidation of real estate, first of all, it is necessary to figure out where and when we will write it off residual value(of course, if the property has not been fully depreciated). In both accounting and tax accounting, there are several interesting points that need to be considered in more detail.

Building demolition act

The survey act is a document in which the cadastral engineer, as a result of inspecting the location of a building, structure, premises or object of construction in progress, taking into account the available cadastral information about such a property, confirms the termination of the existence of a building, structure or object of construction in progress due to the death or destruction of such of a real estate object or the termination of the existence of the premises due to the destruction or destruction of the building or structure in which it was located, the destruction or destruction of a part of the building or structure within which such premises were located.

Forum of cadastral engineers

Situation: I have a 1/2 share in the house, the land is separate, the neighbor reconstructed his part and registered it as a separate house according to the declaration. Now it's my turn to demolish the floor of the house and terminate the right to my 1/2 share. At the same time, the registry office says that the neighbor has registered the house, and 1/2 of the BTI share is still hanging (he did not formalize his 1/2), what should I do?

Demolition act sample

The inspection act is a document where the cadastral engineer gives his opinion on the termination of the existence of the inspected property, as a result of its death or destruction (fire). If it is necessary to remove the property from the cadastral register, in the event of its reconstruction, demolition, fire, the cadastral engineer forms an inspection report, where in the conclusion he describes the whole situation regarding the property.

House Demolition Act Sample

The act of inspection of the dwelling. The act of inspection of the dwelling. Astrology For Beginners How To Read The Natal Chart Author Evgenia Salikova on this page. Based on the application of the owner of the premises or the application of the citizen (tenant) or on the basis of the conclusion of the state supervision (control) bodies on issues within their competence, the Commission assesses the compliance of the premises with the requirements established in this Regulation and recognizes the residential premises as suitable (unsuitable) for living, and also recognizes apartment house emergency and subject to demolition or reconstruction. In the case of inspection of the premises, the commission draws up an act of inspection of the premises in 3 copies according to the form below in the form of an annex. On the basis of the conclusion received, the relevant federal executive body, executive body of the constituent entity of the Russian Federation, local government body makes a decision and issues an order indicating the further use of the premises, the terms for the resettlement of individuals and legal entities in the event that the house is recognized as emergency and subject to demolition or reconstruction, or about recognition of the need for repair and restoration work.

Documents issued during the dismantling of the building

There is a unified form approved by the Decree of the State Statistics Committee of Russia “Act on the assessment of buildings, structures, structures and plantings to be demolished (transferred)” (form KS-10), which provides a link to the document that is the basis for the demolition of the building. Depending on the specific situation, this may be a decision at the level of the Russian Federation, local government or the owner of the building to be demolished.

How to demolish an old house on a plot of land

2. According to federal law dated July 24, 2007 N 221-FZ "On state cadastre real estate"* (hereinafter - the Law) The act is a document in which the cadastral engineer, as a result of inspecting the location of a building, structure, premises or object of construction in progress, taking into account the available cadastral information about such a property, confirms the termination of the existence of a building, structure or object of construction in progress in connection with the death or destruction of such a property or the termination of the existence of the premises in connection with the death or destruction of the building or structure in which it was located, the death or destruction of a part of the building or structure within which such premises were located.

Act on the demolition of the dismantling of the building structure of the object - ipcziz ru

The act of acceptance of work on the preservation of an object of cultural heritage, an identified object of cultural heritage (Moscow Department of Cultural Heritage) standard. Write () source of documents of the act section. Petition for taking measures to ensure the implementation of the court decision on the demolition of the extension building. Almaty is developing a program for the demolition of dilapidated residential buildings in the area of ​​the city. To the form on the result of the construction inspection. An approximate standard of the act and conclusion (some wording of the state of structures) for the housing and communal services fund.

Removal of the house from the cadastral register

• demolition of the house. This paragraph also includes the demolition of the building by the decision of the owner, and destruction as a result of a flood, hurricane, tornado and other force majeure circumstances;
• completion. Reconstruction is not included in this item. It does not imply an increase in the area of ​​the entire building, a change in the parameters of the building indicated in cadastral passport. Only the parameters of individual rooms or rooms can be changed;
• presentation by the applicant upon registration of invalid, forged or counterfeit documents;
• connection of several buildings into a single complex. It can be a common roof, a common foundation, a stylobate, the completion of walls. Each of the buildings that make up the complex is subject to deregistration, and a new building is put up completely;
• division of a single building into separate residential or commercial buildings. In this case, the reverse process is necessary. A single building is removed from the register, and separate ones are registered;
• invalidation of temporary cadastral number at the end construction work. In any of the cases when the building loses the boundaries and walls indicated in the passport, it must be removed from the cadastral register.

Act on the assessment of buildings, structures, structures and plantings subject to demolition (transfer)

The act on the assessment of buildings, structures, structures and plantings to be demolished (transferred) form KS-10 is a document used to assess the amount of damage in monetary terms. Damage can be caused by the demolition or transfer of buildings and the destruction of plantations (crops, fruit and berries, and others).

I ask you to indicate whether it is possible for an organization that is a tenant of a land plot to demolish an object of immovable unregistered real estate, the rights have not been established by any of the parties. Do I need to order a specialized examination?

Answer

Obtains (registers) a permit for the demolition of a building / structure / structure. Positive experience in the construction industry allows us to guarantee a quick and high-quality result. By obtaining a demolition permit, you will be able to carry out demolition work legally and in a short time, which will speed up the process of starting new construction.

Demolitionbuildings and structures- this is the destruction of real estate objects due to various reasons.

Legislatively, the demolition of a property (buildings and structures) is a type of construction activity.

The law prohibits the demolition of real estate without the consent of the local administration, as well as without obtaining a demolition permit.

As a rule, the need to demolish buildings and structures arises for the following reasons:

1. Integrated development of built-up areas;
2. Liquidation of unauthorized construction;
3. Recognition of real estate objects (buildings, structures) as dilapidated or emergency;
4. The decision of the owner of the building / structure.

Demolition of buildings and structures must begin with the receipt of initial permits.

A demolition permit is prepared by the relevant federal body executive power or other local self-government body authorized to issue building permits.

The following package of documents is attached to the application for issuing a permit for the demolition of a real estate object (building):

1. Legal documents for the land.
2. Town-planning plan of the land plot (for subsequent new construction);
3. Scheme of organization of the construction site;
4. Conclusion of the OPS (for Moscow) for the declared work;
5. Certificates from operating organizations about the disconnection of engineering networks and from the balance holder;
6. Information about the resettlement of residents and the withdrawal of organizations;
7. Permission to move construction waste;
8. Felling ticket (in the presence of green spaces);
9. Project for the production of works for the declared work, agreed in the prescribed manner;

The list of documents is not exhaustive.

So, in order to carry out the demolition of the property, you must:

1. To carry out the collection of initial permits (function of the technical customer);
2. Prepare a project for the demolition of the building;
3. Obtain a warrant for the demolition of the building;
4. Relocate people living in the building / control the exit of institutions;
5. Prepare the territory (put up temporary fences in the place where the demolition of the object is supposed, free from temporary buildings, etc.);
6. Disconnect the dismantled building from utilities;
7. Demolish the building;
8. Dispose of construction debris and improve the territory;
9. Close order.

The completion of the demolition is confirmed by the Technical Inventory Service by signing the “Report on the Survey of the Results of the Demolition of the Object”. It is also necessary to obtain signatures from a representative of the fire department, the chief architect, etc. After that, the owner needs to remove the property from the technical register.

As a result of these procedures, on the basis of the decision of local authorities, an entry is made in the state register on the termination of ownership in connection with the liquidation of the object.

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