Dilapidated housing, unlike emergency housing, is safe to live in due to the lack of the possibility of destruction. First of all, residents from dilapidated houses are resettled, and funds are usually not allocated for resettlement from dilapidated housing.
Resettlement from dilapidated houses is possible only if they are demolished in order to make room for the construction of a new facility.
The emergency housing demolition program has been operating for a long time, however, due to the slow implementation of the program, a small number of citizens were relocated from such houses during this period.
When demolishing a dilapidated or dilapidated house, the resettlement of residents should be carried out in the following order:
If you own an apartment located in a dilapidated or emergency building, compensation can be offered to its owner, i.e. paid cash instead of giving new apartment.
The decision to relocate can be made in relation to the owners and tenants of apartments. When distributing apartments, the area of housing that the family previously occupied is taken into account. For resettlement, apartments in new buildings or in houses built earlier can be offered. In case of eviction from emergency or dilapidated houses, living conditions cannot be improved at the expense of the state.
In accordance with the emergency housing demolition program, in order to obtain a larger apartment, residents living in emergency and dilapidated houses must pay a certain amount.
It is quite difficult to achieve resettlement from an emergency or dilapidated house on your own, if representatives of local authorities deliberately delay the solution of this issue. Today, you can get advice on issues related to relocation from dilapidated and dilapidated housing online and at competitive prices, using the services of qualified lawyers of the Pravoved.ru Internet resource.
In jurisprudence, there is no clear definition of "dilapidated and dilapidated housing". But lawyers operate with these concepts, therefore, in fact, those houses are recognized as dilapidated and emergency, in which non-replaceable structures (their wear cannot be eliminated, but only reduced) cannot be repaired.
Nevertheless, these two concepts should be distinguished:
Houses deemed unsafe are subject to demolition. Therefore, a family that lives in such a building has the right to move to another place of residence with the best conditions. In order to ensure the safety of Russians, the Housing legislation of the Russian Federation provides for a procedure for recognizing a dwelling as such (that is, subject to demolition). For this, certain criteria are taken into account when inspecting a dwelling:
If the above problems cannot be solved by repair, then the tenants should apply for the recognition of the house as emergency or subject to demolition.
In 2015 (since April), a decree of the Russian government came into force with amendments to the procedure for granting a dwelling the status of "emergency" or "dilapidated":
The procedure for such recognition is as follows:
Experts remind:
The landlord can challenge decision, and the commission in this case appoints a re-examination to assign the status of "emergency" or "dilapidated" to the house.
The program for the resettlement of residents from dilapidated and dilapidated housing is part of the target federal program"Housing", which was designed to work from 2002 to 2010. The main goal is to provide Russians with a high-quality, convenient, comfortable and safe place for permanent residence.
Not all regions were able to fully implement the objectives of this program, so the government decided to extend the duration of this program for the period 2014-2019.
Each individual region Russian Federation approves a three-year resettlement program for 2014-2019, since the entire resettlement procedure is financed from the federal budget. In addition, the regional commissions are compiling lists of residential buildings that should be demolished (the status of an “emergency” house) or undergo major repairs in them (the status of a “dilapidated” house).
Any Russian can become a member of this program on the basis of the following documents:
If the owner of the dwelling has such documentary evidence, then you should register for participation in the regional targeted program for resettlement from dilapidated and dilapidated housing (designed for 2014-2019). At the same time, between the participant of the current program and the representative of the local administration, either an agreement on the seizure of real estate or a social contract is concluded. In the first case, the participant has the right to establish the amount of compensation for lost housing, the terms and other conditions for the seizure of real estate. In the second case, the state provides the participant with an apartment with the same living area as in the emergency or dilapidated premises. If there is a situation where the participant refuses to move into the proposed housing, then the municipal authorities submit statement of claim for the forced relocation of a participant to judicial order.
Experts clarify: a participant can use housing with the status of “emergency” or “dilapidated” for only six months, but on condition that he has no other place to live.
As mentioned above, instead of housing with the status of "emergency" its owner is provided with another comfortable apartment (or house). Experts call certain signs of home improvement:
The same comfortable accommodation, but temporary, is also provided to the owners of "dilapidated" housing for the period of major repairs or reconstruction of the latter.
The conditions under which the program of resettlement from dilapidated and dilapidated housing for 2014-2019 is being implemented.
Russia confidently stepped into the new millennium with "old" problems. One of them is the housing issue. In connection with the order of the President of the Russian Federation on the resettlement of residents of houses that do not meet the established requirements, the demolition of dilapidated and dilapidated housing is one of the priority issues.
Eviction from a dwelling is often a forced measure, and therefore is an exception to the principle of the inviolability of the home, which was proclaimed by the Constitution of the Russian Federation.
Eviction is used only in cases provided for by law and is in the public interest. In fact, eviction means the deprivation of a dwelling of a person who lives in it permanently or temporarily, but does not have or has lost the right to further residence in it.
On the one hand, eviction is a legal concept. In practice, the term "eviction" is most often used to characterize the process, the procedure for the forced release of a dwelling.
The main purpose of the eviction is to vacate the dwelling. But what for is another question. In particular, the secondary purpose of the eviction is, for example, to avoid the collapse of the house if it is in an emergency condition.
Despite the apparent simplicity, in practice we are faced with many conflicts and gaps in the legislation, which make the process of demolition and resettlement of dilapidated and dilapidated housing rather complicated.
In particular, the legislation bypasses the interpretation of the term "dilapidated housing". But if we proceed from practice, then housing is recognized as dilapidated, the degree of wear of which is at least 70% for brick houses and 65% for attics and wooden houses.
Naturally, when conducting an examination of the "dilapidation" of housing, the percentage value will be very approximate, since the so-called "formula" for calculating the percentage of dilapidation is not legally established. Dangerous housing, on the other hand, poses a clear danger of collapse and is therefore at particular risk.
In addition, remember: moving out of dilapidated and dilapidated housing intended for demolition is not a way to improve housing conditions: they will give exactly as much square meters as you had! In addition, "alternative" housing is not always provided in new buildings, often it can be houses of the "secondary" housing stock.
Another "disadvantage" of the current legislation is that there are no time limits for "waiting" for the demolition of dilapidated housing and the provision of a new apartment.
There are no benefits for resettlement; There is one general queue, in accordance with which new apartments are issued.
Please note that your rights must be protected if:
The court in this matter almost always takes the side of the "offended" citizens.
Demolition of dilapidated and dilapidated housing occurs in two cases:
We all saw in films how beautifully, literally with one blow of a bulldozer, houses fall. And now, after a few minutes, only memories and a pile of construction debris remain from them. In practice, everything looks much more prosaic.
The demolition of dilapidated and dilapidated housing is divided into several stages. As a rule, first building construction are collapsed by mechanical impact, and then there is a gradual collapse of the rest of the building. But here it is important to keep in mind that in some cases it is possible to leave the main structures for the further construction of other housing.
As a rule, barracks, old 5-storey buildings and other houses that were rebuilt in the last century fall under demolition.
The legislation even provides that uninhabitable houses do not include:
Each region of the Russian Federation has its own program for the resettlement of dilapidated housing. As a rule, such programs are accepted for 2 years. But inclusion in this program not all houses suitable for demolition are subject to.
According to general rule, first of all, dilapidated housing, which was recognized as such before 01/01/2012, is demolished. The advantage of having such a demolition plan is that the authorities already start building new houses for resettlement in advance.
Consider the demolition plan on the example of Moscow. Moscow has adopted a program for the demolition of 5-story "Khrushchev" buildings, which were built in 1959-1966. Demolition began in 2012 and is still actively ongoing. Up-to-date data and specific houses that are subject to demolition can be found on the website: "Complex of urban planning policy and construction of the city of Moscow" .
Don't know your rights?
The program itself is conditionally divided into 2 stages:
But instead of the originally scheduled dates, the Moscow authorities “shifted” the implementation of the program activities until 2021. To date, only a few of the proposed areas have been settled. The official websites have precise information about which houses are subject to demolition and subsequent resettlement.
But the authorities of the Moscow region do not want to limit themselves to the demolition of 5-storey old buildings. It is possible that appropriate changes will be made to the plan for the resettlement of dilapidated housing.
The main objective of this program is not just the replacement of old housing with new, but also the possibility of providing citizens with more comfortable and comfortable housing.
Another feature in this case is that, according to the law, the purchase of new housing for citizens must be carried out through auctions and competitions, as a rule, in houses that are under construction, but are already “ready” by at least 70% ( for example, such a condition exists in the Omsk region).
In order for emergency housing to be demolished, it is necessary to issue an appropriate order by the executive authority.
To issue this order, a decision of the interdepartmental commission on the demolition of emergency housing is required. Now let's decide on the question of how to get this solution:
Citizens are notified in advance about the demolition of housing, and they have the right to choose at their discretion:
Despite all the “voluntariness” of the choice, this is only an illusion. If a citizen agreed to one of the options, but in the process realized that, for example, the redemption price does not correspond to market prices, and the apartment provided under a social tenancy agreement is much worse, and changed his mind about moving out / taking money, then the state authority has the right to oblige the citizen to carry out the above actions through the court.
So, the house is for demolition - you are preparing for resettlement. What you need to remember so that your rights are not violated?
As the Constitutional Court points out, the protection of property rights and other property rights should be carried out on the basis of proportionality and proportionality in order to ensure a balance of rights and legitimate interests of all participants in civil circulation - owners, creditors, debtors.
Possible restrictions by the federal law on the rights of possession, use and disposal of property and their nature should be determined by the need to protect constitutionally significant values, namely: the foundations of the constitutional order, morality, health, rights and legitimate interests of others, ensuring the defense of the country and the security of the state.
Therefore, remember: in case of violation of your rights, you have the opportunity to go to court.
And now in more detail.
But it is worth paying attention to the “cunning” of the legislator: in Housing Code it is not specified that it should be identical living space provided apartment; It's about the total area.
This, of course, is a minus, since the new apartment may have a large storage room or a loggia, which you absolutely do not need. In addition, do not forget about the additional square meters that a citizen may be entitled to on the grounds provided for by law (for example, disability).
Dirty and dilapidated housing is a problem in many Russian cities. Since repairs in such houses have not been carried out for decades, they not only spoil the appearance of cities, but also pose a threat to the lives of residents. In this regard, for the period from 2002 to 2010. In 1999, a targeted federal program "Housing" was developed, within the framework of which local authorities were supposed to ensure the resettlement of citizens from houses that were recognized as emergency and dilapidated. But since not all regions of the Russian Federation coped with this task, the program was extended until the end of 2017.
President of the Russian Federation V.V. Putin instructed the government, together with the regions, to develop new mechanisms for the resettlement of emergency housing stock and launch them from January 1, 2019. The head of state also demanded that officials improve the quality of public services and expand participation in the independent evaluation the quality of social services of the ONF, "socially oriented NGOs" and public chambers.
In 2010, the President of Russia signed the federal law regulating the process of resettlement of people from emergency housing. It was planned that by the end of this program, citizens living in emergency housing would be relocated to modern and safe houses with favorable living conditions. But as it turned out, in 2016, the program for the demolition and resettlement of dilapidated housing was not carried out by all regions of the Russian Federation. In this regard, the government has postponed the deadline for the resettlement of citizens from critically outdated facilities to September 31, 2017.
According to the terms of the “Modernization of Communal Infrastructure Facilities” program, funding for resettlement comes from. At the same time, the authorities of the constituent entities must approve individual resettlement programs for a period of three years. Since in 2007 the resettlement and overhaul of the housing stock is supervised by the Housing and Communal Services Fund, it is this structure that creates regional commissions that determine the condition of houses.
The action of the state resettlement program applies only to houses that are officially recognized as emergency, that is, unsuitable for life. Housing is considered dilapidated if the deterioration of the building is at least 70%. Determination of the degree of wear and tear of housing is carried out by specially created interdepartmental commissions (paragraph 4 of article 15 of the LC RF). According to paragraph 7 of the same article, if the commission declared the object unfit for habitation or emergency, then this object will be demolished or reconstructed.
The interdepartmental commission checks only those houses that are included in the individual regional development program. However, a commission check can also be created if there are numerous written requests from the residents of the house. During the inspection, the commission draws up an act and makes a decision on the condition of the object. For work, the commission’s specialists will need floor plans, applications from residents, technical data sheets and copies of documents confirming ownership.
An emergency (unsuitable for life) residential facility is recognized if the following factors are present:
Resettlement is provided only for residents of emergency housing stock, because by living in such facilities, they risk their lives and health. But the resettlement is not designed for citizens living in houses that are recognized as dilapidated. However, with a significant degree of deterioration, the object may receive the status of dilapidated housing, which means that the house will soon be demolished.
Read also: Necessary documents for registration of emergency housing, the timing of the demolition and the procedure for obtaining an apartment.
If tenants suspect that the technical condition of their home is uninhabitable, they should contact their local government. When citizens apply, representatives of regional authorities are obliged to send residents to a specialized organization to determine the condition of buildings. Having received the conclusion of specialists, residents should contact the interdepartmental commission, which will conduct an examination.
To apply, you will need to provide the following set of documents:
After checking, the commission is obliged to make a decision within 30 days. But if there is a danger to the health or life of residents, the conclusion of the commission is issued within 1 working day. In the event that the commission did not recognize the object as emergency, but the residents do not agree with this decision, they can apply to the court to involve independent experts.
Read also: Renovation of five-story buildings of unbearable series in Moscow in 2019: latest information
If the condition of the house is recognized as emergency, local governments are obliged to relocate residents to as soon as possible. In this case, the following conditions must be met during the resettlement process:
1. Owners (tenants) of emergency housing receive housing of the same size. New housing must be well-maintained and equipped with a stove, plumbing, heating, sewerage, water supply, and electricity.
2. Residents are provided with three options for resettlement, but the individual wishes of citizens are not taken into account.
3. Residents living in an emergency facility under a lease agreement receive new housing under the same conditions.
4. The footage of new housing is calculated on the basis of current norms for housing provided under social rent. For example, a family consisting of two people will receive a one-room apartment with an area of 44-50 square meters. meters. A family of three will receive an apartment of 62-74 sq. meters. According to the norms, at least 18 square meters are allocated for each registered person. meters.
5. If a tenant of an emergency building was also on the waiting list for the improvement of living conditions, then upon resettlement he will receive an apartment, taking into account the missing meters. In special cases (for example, there are no apartments of the required size in the local housing stock), an additional apartment is allocated.
6. When resettled, citizens cannot settle in communal apartments.
7. New housing should be located on the territory of the same administrative region as the emergency facility. But with the consent of the tenants, they can be relocated to other areas.
8. Resettlement is carried out only if there is a written application from the owner.
9. The resettlement of all residents is carried out within a year from the date the house was recognized as emergency.
10. A detailed contract is drawn up between the owner of the future apartment and the owner of the house. As a rule, the owner of the house is the municipality.
11. If instead of a new apartment, the owner wants to receive monetary compensation, he can write a corresponding application. However, the satisfaction of the request is at the discretion of the municipality. In addition, the calculation of the compensation value is not beneficial to the owner of the demolished housing.
12. Relocation costs are borne by local authorities. However, freight transport is provided only once.
13. From the moment the house is recognized as emergency, the owners of the demolished housing do not have the right to change or sell the apartment. When such a transaction is made, it will be recognized as illegal.
14. After the conclusion of the contract between the owner of emergency housing and the owner of the house, the move must take place within one month.
15. If the owner of emergency housing lived in an apartment, the footage of which is significantly lower than the established norm, upon relocation, he will receive an apartment with a standard footage, that is, the size of the new property will increase.
16. Residents communal apartments upon relocation, they receive separate apartments.
If the residents of the house do not agree with the decision of the interdepartmental commission, they will have to go to court. At the same time, as evidence that the commission made mistakes or violated the procedure for adopting an opinion, tenants will need to supplement their claim with a written opinion of an independent technical expertise.
Resettlement from obsolete, dilapidated and dilapidated housing - a big problem for subjects of the Russian Federation. With the start of the target federal program "Housing", designed for the period 2002-2010, an important direction has become to provide the population with high-quality, modern and safe housing with favorable conditions. Since not all regions coped with the task, the program was extended until 2017.
Since 2010, the problem of dilapidated housing stock has been personally taken under control by the President of the Russian Federation. In 2010, the federal law on resettlement was signed. However, in 2015, not all regions coped with individual programs for the demolition and resettlement of dilapidated housing. A new deadline for the completion of the resettlement of critically obsolete facilities has been scheduled - September 31, 2017. The main burden of financing the program "Modernization of public infrastructure facilities" for federal budget. Each region is required to approve individual three-year resettlement programs. Since 2007, the overhaul of the housing stock and resettlement has been supervised by the Housing and Communal Services Fund. Regional commissions draw up lists of houses that are really subject to overhaul or resettlement.
They can move out of obsolete housing only if the premises are recognized as emergency. If the deterioration of the building is at least 70%, the housing will be considered dilapidated. On the basis of clause 4 of Article 15 of the LC RF, the interdepartmental commission recognizes the premises as unsuitable for habitation. According to the same article, paragraph 7, it determines the procedure for recognizing housing as unsuitable or emergency, and therefore subject to demolition or reconstruction.
The creation of a commission check can be influenced by numerous written requests from the residents of the house. After examining the premises by a specialized organization, the commission must draw up an act and make its decision. For work, you will need floor plans, technical passports, statements of claims, as well as copies of documents confirming ownership.
When a home is declared unsafe:
It should be noted that only residents of emergency housing stock, that is, those citizens who put their lives and health at risk, should count on resettlement. In the worst condition are people living in dilapidated housing. They are not allowed to leave. But if their housing receives the status of dilapidated housing for demolition, they will have a chance.
The first thing to do is to contact local authorities or a specialized organization to determine technical condition building. Further, on the basis of the opinion of specialists, one should apply with an application to the interdepartmental commission, which will make a decision on the situation.
Documents to be provided:
The committee must make a decision within 30 days. In the event of a health hazard, the conclusion of the commission must be sent to the residents within 1 working day. If the tenants do not agree with the commission's refusal to recognize their house as emergency, the decision is appealed in court with the involvement of independent experts.
If the commission made a decision to recognize the house as emergency, the resettlement should take place as soon as possible.
Note important points under the resettlement program:
