House for displaced persons from dilapidated housing. List of houses for resettlement - procedure and possible nuances

The program for the resettlement of dilapidated and dilapidated housing was adopted by the government in 2002. and extended until 2017. She is a necessary measure improvement of living conditions of citizens and is financed from the federal budget.

Regional self-government bodies independently distribute the queue for new housing. Settlement may differ and have its own subjective characteristics. The main thing is the size of the apartment and the terms.

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ФЗ -185

To create normal and safe living conditions for people, Federal Law No. 185 was developed, which provides material support at the request of the constituent entities of the Russian Federation, at the expense of the housing stock (HF).

The objectives of the LF are specified in Art. 4 FZ -185:

  • consideration of applications from the municipality for the repair of residential buildings;
  • consideration provided by documents;
  • making a decision on financial assistance;
  • monitoring of regional programs for the provision of housing, including resettlement from emergency or dilapidated premises ().

The law regulates not only major repairs or demolitions of buildings, but also the construction of new areas. All credit obligations of the constituent entities of the Russian Federation, the fund assumes.

It is not necessary to provide the region with full payment, you can issue a loan with the help of banks.

Recognition of the house as emergency

Recognition of accidents or serviceability at home regulated by the Government decree of 28 .02 .2006. No. 47. Refers to houses belonging to the Housing Fund of the Russian Federation.

Private buildings are recognized as fit / unfit for habitation at the discretion of the regional authorities... With the obligatory conclusion of the housing commission and notification of the owner's decision.

The house is recognized as emergency:

Violation of zoning.The house must be located in a habitable area. If the local authorities decide to build an inadequate building in a residential area, this is a reason to challenge their decision or to resettle the house.
Bearing, enclosing structures, foundation.Wear - 65% for wood and 70%. The presence of deformations and cracks.
Lack of provision of premises with engineering systems.Electricity, heat supply, gas, sewerage. An exception is one or two-story buildings. They may not have sewerage or running water.
Violation of the frequency of air exchange.Specified by the norms (SNiP 2.08.01-89, SNiP 31.01.2003, SNiP 2.09.04-87)
Violation of the norms of thermal insulation and humidity.In winter, the humidity is 60%, the temperature is at least 18 degrees.
Exceeding the norms of noise insulation.In the daytime 55 dB, at night 45 dB.
Violation of vibration standards.Established by sanitary standards.
Violation of electromagnetic radiation.Established by the norms of SanPin 2.1.2.2645-10
Changing the environment.Inability to operate the premises due to background radiation, noise, vibrations, SES standards.
The house is in a danger zone.Susceptible to: landslide, mudflow, avalanche, flooding.
The house is in a zone of PROBABLE destruction.If it is impossible to prevent accidents with the help of technological solutions.

List of houses for resettlement

You can find out if a house is on the resettlement list or not on the website of the administration of the constituent entity of the Russian Federation. The information is available and publicly available.

When settling Khrushchev apartments in five-storey buildings, the absence of an elevator and a garbage chute is not taken into account.

Housing commission


Recognition Premises in emergency are handled by the housing commission at the request of the owners or authorized bodies.

The work of the commission consists of:

  • technical inspection of the building;
  • checking fire regulations;
  • installation of SES requirements;
  • checking the location of the house, in terms of violation of zoning.

Required documents :

  • statement ;
  • acts of supervisory authorities;
  • conclusions of the design and survey organization.

Commission members:

  • SES experts;
  • firefighters ;
  • engineers;
  • designers.

Appointed based on the requirements of the owners or visible damage.

The owner of the premises is notified of the conclusion of the commission no later than the next working day from the moment of its issuance.

The concept of dilapidated housing


State housing resettlement programs and courts use the concept of "dilapidated houses" in their instructions, but legislative it is not revealed to the level.

Unlike an emergency house, you can live in a dilapidated building... It does not pose a threat to human life and health, but it requires repair.

Even if the load-bearing structures are worn down to the accident rate, but without deformation and cracks, the house is considered suitable for habitation.

Residents can be put on the lists for resettlement, but it will happen ONLY after changing the status of dilapidated to emergency.

In disputable situations, when a house is recognized as dilapidated or emergency, residents can contact the BTI, which will make its own assessment.

Who can count

Citizens recognized as needing improvement housing conditions. Due to the accident rate of the building.
Persons requiring immediate resettlement.Due to the threat of collapse of structures.
Residents registered in the house that cannot be repaired.Burnt, flooded, destroyed buildings.
Alienation of land and demolition of the building.During the construction of new facilities, the authorities decided to relocate the house and use the land for urban needs. In this case, dilapidated houses are also subject to resettlement out of turn.
Construction of large social facilities.Buildings of airports, train stations, factories - violating the norms of noise, vibration, emission of harmful substances.

Not subject to resettlement

Procedure

System resettlement of dilapidated and dilapidated houses is subject to a certain sequences... The owner or tenants must write a statement for an examination to identify violations and the integrity of the structure.

Consideration of the appeal and making a decision is determined within thirty days. If the house is recognized as emergency and requires resettlement, the owner will be notified within one day.

If the tenants or the owner disagree with the decision of the commission, the case is sent to court with the involvement of independent experts.

In case of recognition of the accident rate, the owner is obliged to resettle the tenants as soon as possible.

Conditions

The resettled should receive equivalent conditions in the same area or, with their consent, in another.But with the possibility of getting more footage.
The calculation of the area of ​​the dwelling is on average 18 sq / m, but in a number of subjects it may differ.For example, in the Voronezh region - 13 sq / m.
When settling dilapidated and emergency houses tenants are obliged to issue new apartments.You cannot settle in communal apartments.
The owner can receive monetary compensation.Unless housing is the only suitable residence.
All costs of resettlement are borne by the owner of the house.These are usually municipal bodies.
A fictitious deal.Apartment owners do not have the right to sell them after the house has been recognized as hazardous.
Barter agreement.The tenant and the owner enter into such an agreement. After signing, the tenant is obliged to move within 1 month.

resettlement depends on the regional program and is established by local governments. In practice, emergency housing, if it does not threaten the life and health of people, settles during the year.

After the house is recognized as emergency, the owner is obliged to eliminate the reasons or resettle the house. Residents must be notified 6 months in advance.

With the complete destruction of the building or the impossibility of its operation, residents are urgently resettled in temporary apartments. Then they provide new housing for 3-6 months.

Lack of money leads to default on the part of the authorities. Delaying deadlines leads to legal proceedings or the residents' appeal to the prosecutor's office.

Going to court

An individual, legal entity or municipality can apply to the court if their rights and interests are the reason that needs to be corrected or groundlessness claim.

Foundations


The grounds for going to court may be:

  • action / inaction of the owner;
  • disagreement of tenants with the decision of the housing commission;
  • delaying resettlement;
  • violation of footage or territoriality issued premises;
  • disagreement with the appraised value of housing;
  • refusal to resettle the emergency house;
  • refusal of the tenant to move out;
  • other controversial situations.

Documentation

Documents to be presented to the court in case of controversial cases:

  • copies of the claim to all participants;
  • documents confirming the ownership of the premises;
  • facts / evidence confirming violation of rights;
  • the conclusion and acts of the housing commission on the recognition of the house as emergency;
  • opinions of independent experts;
  • other documents required by the court.


Forced resettlement

The court decision is sent to the bailiffs. In accordance with, enforcement proceedings are initiated.

Resident, refusing for voluntary resettlement due to an accident at home, is established term - 10 days.

In case of non-fulfillment, the tenant is evicted by force. An inventory of property is drawn up in the presence of attesting witnesses and police officers. All participants sign the eviction certificate.

Relocation from outdated, dilapidated and dilapidated housing is a big problem for the constituent entities of the Russian Federation. Since the beginning of the work of the targeted federal program "Housing", designed for the period 2002-2010, providing the population with high-quality, modern and safe housing with favorable conditions has become an important area. Since not all regions coped with the task, the program was extended until 2017.

How the dilapidated housing resettlement program works - changes in the dilapidated housing program 2015

Since 2010, the problem of the dilapidated housing stock has been personally taken under the control of the President of the Russian Federation. In 2010, a federal law on resettlement was signed. However, in 2015, not all regions coped with individual programs demolition and resettlement of emergency housing. A new deadline for the completion of the resettlement of critically obsolete objects is scheduled for September 31, 2017. The main burden of financing the program "Modernization of utility infrastructure facilities" for federal budget... Each region is required to approve individual three-year resettlement programs. Since 2007 overhaul housing stock and resettlement is supervised by the Housing and Utilities Fund. Regional commissions draw up lists of houses that are really subject to overhaul or resettlement.

Basic conditions for resettlement from dilapidated and dilapidated housing - who can recognize housing as dilapidated?

They can relocate from obsolete housing only if the premises are recognized as hazardous. If the building is worn out at least 70%, the housing will be considered dilapidated. On the basis of clause 4 of Article 15 of the RF LCD, the interdepartmental commission recognizes the premises as unfit for living. According to the same article, clause 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 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, registration certificates, statements with claims, as well as copies of documents confirming ownership.

When housing is declared unsafe:

  1. If the building has deformations of the foundation, walls.
  2. There is a danger of collapse.
  3. If the dwelling is located in areas of flooding or avalanches.
  4. When a building is destroyed due to man-made accidents.
  5. When it goes down load bearing capacity housing due to explosions, earthquakes and fires.

Note that only residents of an emergency housing fund, that is, those citizens who put their lives and health at risk, should count on resettlement. People living in dilapidated housing are in the worst condition. They are not supposed to move out. But if their housing receives the status of dilapidated housing for demolition, they will have a chance.

Where to go under the program of dilapidated housing - a list of required documents

The first thing to do is contact local authorities or a specialized organization to determine the technical condition of the building. Further, based on the opinion of experts, you should apply to the interdepartmental commission, which will make a decision on the situation.

Documents should be provided:

  1. Notarized copies of title documents.
  2. Living space plan.
  3. Technical passport.
  4. Conclusion of the special organization on the condition of the premises.
  5. Complaints from residents of an apartment building

Within 30 days, the commission is obliged to make a decision. In case of a health hazard, the conclusion of the commission must be sent to residents within 1 working day. If the tenants do not agree with the refusal of the commission to recognize their house as emergency, the decision will be appealed to judicial procedure with the involvement of independent experts.

All conditions for obtaining a new apartment under the dilapidated housing resettlement program

If the commission made a decision on recognizing the house as emergency, the resettlement should take place in as soon as possible.

Note important points according to the resettlement program:

  1. In return for the demolished housing, the owners receive an equivalent comfortable dwelling without losing footage. Also, those who rent premises can count on living space. The new premises should have electricity, plumbing, sewerage, heating, plumbing, and a stove. The presence of minimal repairs is also provided.
  2. Residents are required to provide three options for relocation, but there is no procedure for taking into account the individual wishes of residents.
  3. If the tenants lived in hazardous housing under a tenancy agreement, new housing is provided under the same conditions. Quadrature is calculated according to the actualregulations for social rent housing. For a family of two, they will offer one-room apartment with an area of ​​44-50 squares, three people will live on 62-74 square meters... For each prescribed, at least 18 square meters should be allocated.
  4. If the residents of the emergency building were at the same time together on the turn to improve their living conditions, then during resettlement they should receive an apartment, taking into account the missing footage. In some cases, an additional apartment is allocated. When resettling, it is forbidden to settle people in communal apartments.
  5. New housing during resettlement must be located within the same administrative region as the old housing. In some cases, with the consent of citizens, they can be relocated to another area of ​​the city.
  6. Moving is carried out only after submitting a personal written application from the owner.
  7. Resettlement must be made no later than 1 year from the date of the decision to demolish the house.
  8. The owner of the future apartment must conclude a detailed exchange agreement with the owner of the house, usually the municipality. Sometimes the owners are interested in receiving monetary compensation, they can write such a statement, but such a request is very rarely satisfied, in addition, the calculation of the cost is not profitable for the owner of the demolished housing.
  9. Relocation costs should not be borne by the displaced people, but by the local authorities. In fact, freight transport can be provided once.
  10. Apartment owners do not have the right to change or sell dwellings as soon as they have received notifications about the demolition of the house and the resettlement of tenants. Such a transaction would be illegal.
  11. After the conclusion of the exchange agreement, the move must take place within a period of no more than a month.
  12. The square footage during resettlement will increase only if it was significantly lower than the norm, for example, 15 -20 meters, now there are no apartments with such a square meter, but if the square footage was standard, then you can win only in the quality of housing.
  13. Residents of communal apartments can improve their living conditions, they will receive separate ones, there are no communal apartments now.
  14. If residents do not agree with the definition of a house for demolition or, on the contrary, are seeking recognition of housing as hazardous, in order to challenge the decision of the interdepartmental commission, they will have to go to court. For a solid argument, it is necessary to prove to the court that during the adoption of the decision, the commission made mistakes, violated the procedure for adopting the conclusion. For this, in addition to a well-drafted claim, written conclusions of an independent technical examination will be required, confirming the opinion of the residents.
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Demolition of dilapidated housing is a complex procedure that includes several stages. One of which is the provision of alternative housing. Because of a large number nuances and appeals to the court, for each citizen who touched on this, the procedure turns into a large number of questions.

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Appealing the nuances of obtaining housing instead of dilapidated is a standard practice in the Russian Federation. But not every issue can be challenged in court.

In some cases, tenants confuse relocation with a demolition program and a relocation program to improve housing conditions. These actions are different, governed by various legislative acts.

Residents' rights

The RF LC establishes that the owner of an apartment in a house that is recognized and falls under demolition for any reason stipulated by law has full right to get a new place of residence.

At the same time, he is endowed with other rights:

  • visit a future apartment or room before check-in, which will be required to obtain visual information about the state of the new housing;
  • set the redemption price for the apartment, within which the alternative housing will be selected, while it is necessary to take into account that the indicated amount must be within adequate limits and be justified if it is very high;
  • choose housing in accordance with, is valid only if the citizen lived in the territory on the basis of a municipal property lease agreement.

Law

If in 2019 it is necessary to recognize housing as dilapidated and determine its demolition procedure, then they turn to legislative acts Of the Housing Code of the Russian Federation.

Houses are recognized as dilapidated in accordance with paragraph 7 of the relevant regulation. Depreciation of a building of more than 70% should entail actions: demolition or complete reconstruction.

Demolition of dilapidated housing

Dilapidated housing means living space that is not suitable for living, which is indicated in the RF PP of January 28, 2006. The consequences of physical deterioration do not allow to continue to operate the buildings further. A dilapidated house is recognized if its wear exceeds 70%.

When the wear is 80% or more, the house goes into.

Conditions

The demolition of housing is possible only after the emergency condition of the facility has been confirmed. For this, the relevant decision must be made by representatives of the district administration. Independent companies can also recognize housing as hazardous if tenants contact them.

Grounds for recognizing a house as emergency:

  • the structure was deformed, which led to the formation of cracks;
  • no water, gas or electricity for one month without good reason;
  • the presence of an unpleasant sewer odor after attempted ventilation repairs;
  • extreme humidity, which leads to the appearance of fungus;
  • the building is located in the basement;
  • there are no windows or the amount of light received does not meet the standards;
  • the presence of toxins with an excess dose.

Priority

The procedure for demolishing dilapidated housing in accordance with:

  • When a residential building has been declared emergency and unfit for habitation, then each of the residents of the building is notified by the appropriate state authority. The minimum notice period is 1 month.
  • If the residents did not respond to the received notifications in the form of a complaint or petition, then measures are taken to alienate the territory of the house.
  • At the stage of making a decision on the demolition of a residential building, the administration must take care of finding and preparing new housing for citizens. Moreover, the new housing conditions should not be worse than the previous ones.
  • The building can begin to be dismantled even before the definition of each of the residents in their own new apartment... For such citizens, areas are provided for temporary residence, for example, hotels or hotels, which are paid by the state.
  • Completion of the project with documents.

If after any problems or questions arise, then each of the citizens will be able to contact the administration with a corresponding statement. If the complaint is not answered, or if it does not satisfy the person, he will be able to go to court.

Formation of lists

The formation of lists of houses for demolition occurs approximately two years before the start of the actual demolition operation.

This is required to comply with applicable legal regulations:

  • it takes time to create residential space to replace demolished apartments;
  • time makes it possible for the owners of real estate to determine how much to demand from the state as a "sale" for the demolished apartment.

An up-to-date action plan for the demolition of dilapidated and dilapidated houses should be posted on the city hall's website. The most common way to locate the plan is “ Housing issues»>“ House Resettlement Plans ”.

The composition of the plan will depend on the condition of the home. Despite the established minimum period for demolishing housing after drawing up a plan (2 years), this period may be violated if there are the following reasons:

  • the degree of wear has exceeded 80%;
  • the house went into a state of emergency, which implies potential harm to residents and a threat to life.

Who is in charge?

The demolition of the building is carried out after receiving an agreement from the local government. Demolition of a building is the responsibility of the owner of the entire building, not his separate apartment... The demolition of the house is carried out in accordance with part 10 of article 32 of the LC RF.

What real estate stand out in return?

The process of obtaining housing to replace the demolished one is described in detail in. In accordance with the legislative act, citizens receive alternative housing in the same area where the demolished property was located. The premises should be at least equivalent to the old ones.

Most citizens prefer relocation, although the state allows the area to be sold to the municipality. But the second option is much more unprofitable, since the citizen will receive funds, while definitely in a smaller amount than the cost of new housing.

The signing of the contract is the final stage, which means that the citizen becomes the full owner of the new real estate.

Is compensation possible?

Each owner has the right to sell his area in a dilapidated house, for which he will receive cash from the state. But government bodies cannot force them to make a definite decision, the owner has the right to decide for himself whether he wants to get money or new housing.

Compensation is made by wire transfer. If a citizen does not have an alternative place to live, then he will be obliged to spend the money received only for the purchase of new living space. Otherwise, spending can be made for any other purpose, if the district administration has given the go-ahead.

The timing

A building demolition plan is drawn up approximately 2 years before the start of the project itself. Such a schedule is chosen due to the need to resolve other issues, the main of which is the provision of similar housing for owners.

Citizens have the right to file a complaint about the demolition of their homes within three months after receiving a notification from the municipality. Within one year, the municipality collects information about the house to be demolished and also looks for alternative places of residence.

Arbitrage practice

Due to the difference in programs for the provision of housing due to demolition and due to improved living conditions, a citizen will receive housing similar in comfort and different parameters to the previous one. While the program for improving housing conditions implies the issuance of an apartment that is better than the previous one.

It is very important to have a roof over your head, but it is equally important to live in a home safely and comfortably. Unfortunately, many residential buildings in Russia are in an emergency or dilapidated state and pose a danger to the people living in them. But the state is trying to take care of its citizens and provides for the resettlement of dilapidated and dilapidated housing.

This is what the provisions of Federal Law"On the Fund for Assistance to the Reform of the Housing and Communal Services". This act acts as a federal program for the resettlement of citizens from an emergency housing stock and consolidates the adoption of the relevant regional programs. However, many residents of dilapidated houses still do not know when they will live in normal living quarters, since the law has been passed, but in reality the situation is much more complicated.

Even the President of Russia V.V. Putin notes the deliberate impracticability of the program, scolding officials for it. During on-site inspections In the implementation of regional programs, it was revealed that the regions are not coping with the task entrusted to them: 5 subjects do not resettle people at all, 14 do not submit reports, 54 are lagging behind in terms of resettlement. For such violations, many subjects are deprived of financial support and must return the funds allocated to them to the Fund, which also does not help to improve the situation. Thus, the federal program of dilapidated and hazardous housing in 2014 will most likely not be implemented to the end, since it is already calculated that the deficit of funds in the regions for the implementation of programs is more than 11 billion rubles.

Resettlement procedure

In pursuance of the federal program for the resettlement of citizens from emergency housing stock, each constituent entity of the Russian Federation adopts its own regional program. In this regard, a list of housing subject to demolition or reconstruction is formed. You can find out if a particular house is included in the list of emergency housing by writing an appeal on the website of the Ministry of Construction of the Russian Federation http://www.gosstroy.gov.ru/obshchestvennaya-priemnaya

As a rule, living quarters are provided to citizens at their place of residence in the same settlement where the emergency housing was located. However, the law also provides for the possibility of providing residential premises in other localities, but only with the written consent of citizens. At the same time, in case of refusal of such relocation, they do not lose the right to provide housing in a more convenient place for them.

In addition to providing other living quarters to replace the owned emergency housing, regional programs may provide for cash payments to citizens. This is possible, provided that they own another dwelling.

By law, resettlement from hazardous housing is carried out in accordance with housing code... The norms of the Housing Code of the Russian Federation regulate the procedure for resettlement from hazardous housing under an agreement social recruitment which also apply to owned housing.

In accordance with Article 89 of the RF LC, in the event of eviction from a residential premises in connection with the recognition of a house as emergency, as well as if the demolition of dilapidated housing is expected, citizens are provided with comfortable living quarters in accordance with the conditions of the corresponding settlement equivalent in total area previously occupied residential premises and within the boundaries of the settlement.

In the event that the family occupied an apartment or rooms in communal apartment, an apartment or the same number of rooms in a communal apartment must be provided as a new dwelling. Thus, migrants can only be provided with housing of equal area, both in the primary and secondary housing stock.

It should be noted that the program does not provide for the improvement of housing conditions for dilapidated housing, therefore, the norm of Article 89 of the RF LC on determining the area of ​​a new residential premises based on the social norm of provision in this case does not apply.

Who can count on resettlement

According to the law, only residential premises belonging to emergency housing stock are subject to mandatory resettlement. Emergency housing is understood as housing in which the bulk of living quarters and supporting structures are classified as emergency housing and pose a danger to the lives of people living in it.

Dwelling is recognized as dilapidated if its structure is worn out in excess of wooden houses 65%, and in stone - 70%. But, despite this, it is characterized by relative safety for living, since it does not pose a threat of destruction or collapse. Therefore, it is practically impossible to count on resettlement from dilapidated housing. Thus, residents of dilapidated houses are in an even worse situation than residents of emergency houses, because they have almost no real chance of resettlement, with the exception of one case when it comes about dilapidated housing for demolition.

What facilities belong to emergency housing

A normative act defining the grounds for recognizing residential premises as unfit for living and apartment buildings emergency, as well as the procedure for their recognition as such, is the provision approved by the decree of the Government of the Russian Federation. According to the document, living quarters are classified as emergency, subject to demolition or reconstruction:

  • located in houses with deformations of foundations, walls, supporting structures, a high degree of biological damage, indicating the exhaustion of their bearing capacity and the danger of collapse;
  • located in zones of avalanches, landslides, mudflows, territories annually flooded with flood waters and where it is impossible to prevent flooding;
  • located in the zone of possible destruction in case of man-made accidents if it is impossible to prevent their destruction;
  • located in apartment buildings, which were damaged as a result of explosions, fires, earthquakes and other natural phenomena, in the event that the bearing capacity of such houses, which is dangerous for the stay of people, is reduced, and their restoration is impossible or economically inexpedient.

In addition, the following must also be recognized as unfit for habitation:

  • living quarters in houses located in territories where the indicators of sanitary and epidemiological safety are exceeded in terms of physical factors, the concentration of chemical and biological substances in the air and soil, in houses located in industrial zones, sanitary protection zones when it is impossible to minimize the risk criteria up to acceptable level;
  • living quarters located near an overhead AC power line;
  • rooms with windows facing highways, with a noise level higher than the maximum permissible norm;
  • living quarters, above or adjacent to them there is a garbage chute washing device and its cleaning.

Steps towards resettlement

The right to resettlement from hazardous housing is legally secured both for tenants of residential premises under social tenancy agreements and for owners. The decision on the recognition of a dwelling as emergency or dilapidated is taken only by the relevant interdepartmental commission.

The first thing to do in order for the emergency housing to be officially recognized as such is to contact a specialized organization that will conduct an examination of the house and make an opinion on its condition. The second step is to apply to the interdepartmental commission for the recognition of the premises as unfit for living. Along with the application, you must also attach a package of documents:

  • copies of documents of title to the dwelling, certified by a notary;
  • living space plan;
  • technical certificate;
  • conclusion of a specialized organization.

In addition, you can also submit complaints and statements from other residents of the house. The law provides 30 days for the consideration of these documents and the adoption of an appropriate decision. Based on the results of the consideration, a conclusion will be made on the suitability or unsuitability of the dwelling for living, as well as on the recognition or non-recognition of the house as emergency and subject to demolition or reconstruction. The conclusion of the commission is sent to the applicant within 5 days, and if there is a danger to the health and life of people - the next working day after the day the decision was made.

In case of a positive decision, resettlement should be carried out as soon as possible in the next order, depending on the year in which the residential building was recognized as emergency and subject to demolition or reconstruction. If the commission made a negative decision, and the dilapidated housing was not recognized as hazardous, but at the same time there are sufficient grounds for assigning it the status of hazardous housing, independent expertise and appeal the decision in court.

What is the procedure for recognizing housing as dilapidated or dilapidated in Moscow, what documents are required for this, the form of compensation for the seized dwelling according to state program and outside of it, the terms of consideration of the application and registration of new property rights.

Procedure

The resettlement of residents from dilapidated and dilapidated housing occurs in several stages:

  1. Residents or an authorized body initiates an inspection of the dwelling to recognize it as emergency or dilapidated.
  2. The interdepartmental commission assesses the condition of the dwelling.
  3. A decree is passed on the recognition of the living quarters as dilapidated or emergency.
  4. Residents of the house queue up for resettlement (if the house is included in the state program) or receive redemption value seized property (if the house is not included in the state program).
  5. The settlers are studying the proposed options for apartments on inspection orders.
  6. If an agreement is reached, resettlement or the conclusion of a new social tenancy agreement (for persons living on its basis in the withdrawn housing) takes place. If an agreement is not reached, one of the parties goes to court.

List of documents

For the recognition of a dwelling as a dilapidated or dilapidated owner, tenant or authorized body the following documents are submitted:

  • statement;
  • applicant's passport;
  • copies of title documents for housing, the owner of which is not reflected in the Unified State Register of Real Estate (USRN);
  • the conclusion of the commission on the examination of the house;
  • organs opinion state supervision(if necessary);
  • the conclusion of the design and survey organization based on the results of the examination of the elements of the enclosing and supporting structures of the living quarters (if necessary);
  • photographs (if necessary);
  • complaints / statements / letters of citizens testifying to the condition of the house unsuitable for life;
  • other supporting documents.

Until the end of 2018, under the state program, the residents of those houses that were recognized as hazardous before January 1, 2012 are being relocated. The resettlement of residents from houses recognized as hazardous after this date will take place from 2019 under a new program.

Compensation

If emergency house not included in the targeted program for the relocation of citizens from emergency housing stock, the owner is entitled to financial compensation under a buyout agreement or other living space with the offset of its value in the redemption price. Relocation expenses (transport services, temporary accommodation in a rented apartment, paperwork, etc.) are also subject to compensation.

If the house is included in the targeted program for the relocation of citizens from the emergency housing stock, the owner is entitled to replace the seized dwelling with another dwelling with the same area in the same settlement.

In place of the premises, which were resided before the eviction on the basis of a social tenancy agreement, a residential premises of the same area is provided. A new employment contract is being drawn up.

State duty

Not charged.

Addresses

Muscovites can apply for recognition of housing as dilapidated or dilapidated for subsequent resettlement to the City Administration or the Department of Housing and Communal Services (Department of Housing and Communal Services).

Online submission of documents

Not produced.

The timing

Consideration of an application for recognition of housing as dilapidated or dilapidated occurs within 30 days.

The owner, evicted from hazardous housing, with written consent and in the absence of ownership of other residential premises, has the right, after receiving compensation, to use the withdrawn housing for up to 6 months.

The order of resettlement of residents of houses is determined by the degree of their accident rate.

State registration of the emergence and transfer of ownership of residential premises in connection with resettlement under the state program is carried out within 5 working days from the date of submission of the application.