In what cases is a house considered unsafe? What happens after a house is declared unsafe? Which house can be considered unsafe?

The definition of “emergency house” indicates a lack of safety for being there, and even more so for living in it.

How to find out whether a house is in disrepair or not, how it is determined, and who determines this status of a house can be found out by reading our analysis of the current legislation in this area.

A building structure, especially a residential one, must have certain characteristics in order to be safe and suitable for people to stay in it. Evaluation criteria are related to technical requirements

to the object, which depend both on the quality and completeness of construction, and on the time of use.

• Legislators have established certain factors, in the presence or absence of which, problematic buildings belong to one category or another and are or are not subject to demolition. So they distinguish:
• buildings that do not meet the standards for residential premises and are unsuitable for habitation. Such houses include those that lack communication and ventilation systems, increased levels of toxicity, no or little natural lighting and other defects.
• buildings, as a result of the operation of which the load-bearing structures have worn out, engineering systems, such as water supply, sewerage, energy supply, have lost the characteristics that comply with norms and standards. buildings, as a result of time and operation of which the degree of wear and tear engineering systems and load-bearing structures exceeds 70% and carrying out restoration work

is inappropriate and will not lead to the restoration of criteria for safe living in it. In this case, a decision is made to recognize the house as unsafe or dilapidated and to demolish it. If the structure can be brought into compliance with the standards, then a decision is made to carry out such work.

As a rule, such structures are houses built in violation of technical requirements. But if after overhaul structure and its support systems, it is possible to bring the house into compliance with the standards for residential premises, then

such a house is recognized as unsafe, but is not subject to demolition. Structures that may or may not, according to the requirements, be dangerous for living, are nevertheless subject to demolition as a result of the length of time they have been in use, are automatically recognized as emergency.

Causes

The reasons for recognizing a house as unsafe can be either natural or conditionally natural, that is, factors beyond human control, so and artificial and conditionally artificial associated with the use of low-quality materials during construction or improper operation of the building.

Natural and conditionally natural include:

1. certain geophysical and natural phenomena such as landslides, geological displacement, tornadoes and other natural disasters;
2. man-made disasters, accidents, explosions, fires.

Artificial and conditionally artificial include:

• consequences of incorrect use building materials, without taking into account the geophysical and natural phenomena inherent in the area;
• the consequence of construction near the residential sector of incompatible and dangerous structures, such as: highways with noise decibels exceeding the norm, power lines, construction work related to soil subsidence and others.
• the consequence of violation of the rules for the operation of residential premises, including the failure to carry out planned major repairs of the building.

Technical condition of the house

In order to determine the accident rate of a house, data on the technical condition of the house and normatively defined criteria are used, which include:

1. loss of structural strength to such an extent that it may pose a threat of collapse and other unsafe situations for people in it;
2. location of the object in a dangerous geophysical and technogenic zone;
3. non-compliance with the engineering and technical characteristics required for residential premises.

For example, such as irreparable defects in communication and ventilation systems, the presence of significant violations of sanitary and epidemiological standards that cannot be restored.

Which organization determines

It is possible to officially formalize the procedure for recognizing that a building belongs to a certain category, where its status will be determined as emergency. The registration procedure depends on the initiator.

If the initiator is not the owners or users of housing, then most often this is associated with certain state or municipal programs. For example, such as renovation housing stock

In the event that the initiators of granting emergency status are homeowners, they must go through the procedure prescribed by law.

First of all, you need to find out which organization determines the accident rate and understand the process of recognizing a house as an emergency.

The procedure includes an application to local municipal authorities from the owner or owners of the building, with a request to recognize the structure in their possession as unsafe. To substantiate your demands, you must provide copies of all documents for the building, as well as an engineering and technical inspection report of the building for the last three years and necessary work

, related to the technical requirements for the operation of the structure, a conclusion from the fire-fighting state sanitary and epidemiological service, a conclusion from specialists on establishing the certificate of suitability of housing for habitation.

such a house is recognized as unsafe, but is not subject to demolition. After considering the application, a decision is made to create an interdepartmental commission to determine the condition of the object. Commission based on The decision to recognize a building as unsafe on the initiative of the owners or residents can take quite a long time.

If the building is declared unsafe and subject to demolition, all concluded lease agreements are subject to termination.

List of recognized emergency

If the decision to assign emergency status was made at the request of the owners of the house, then they can find out information about the assignment of their property to a certain emergency status from the official response to the submitted application.

In the event that a decision to recognize a house as unsafe is made on the basis of the conclusion of an interdepartmental commission held in connection with the adoption of a state or municipal program, then information that a certain housing stock is classified as unsafe is disseminated through the media and in accordance with the law, for a year before demolition. Also, information about whether a house is recognized as unsafe can be obtained by using information about the condition of the house through local Internet portals that contain a registry emergency houses

or a list of recognized emergency structures. IMPORTANT!

If information is missing, you can contact local municipal authorities in writing.

Living in emergency housing is neither comfortable nor safe. Each subject of the Russian Federation has its own program that provides for the resettlement of citizens from premises that do not meet the standards. Dear readers! The article talks about typical solutions, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

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How to recognize a house as unsafe in 2020? Federal legislation provides for the creation of a special fund for the resettlement of people living in emergency housing.

But to receive a new home, you need to confirm your right to receive it. How to recognize a house as unsafe in 2020?

General aspects

In the Russian Federation, a program for the demolition of dilapidated housing has been operating for quite a long time. But due to the rather slow implementation of the program, a small number of citizens were resettled.

In accordance with the terms of the program, resettlement occurs as follows:

1. Formation of a regional program, the goal of which is to eliminate dilapidated housing.
2. Creation of a list of emergency and dilapidated housing.
3. Making a decision on the complete demolition of the house or its reconstruction.
4. In the event of the proposed demolition of a building, searching for equivalent living space.

As a rule, living space is selected in the same place where citizens previously lived.

But at the request of citizens and on the basis of an application received from them, a decision can be made to relocate to another place of residence.

Every citizen has the right to clarify information about the inclusion of his home in the list of emergency housing.

To do this, you need to go to a special government website. Instead of new housing, the owner of the emergency premises may be given compensation.

But it must be borne in mind that relocation due to the disrepair of the house is in no way a way to improve living conditions. When allocating housing provided, the area of ​​the previous home is taken into account.

And the citizen will receive exactly as many square meters as he had. And none accounting standards they don't play a role here.

If a person wishes to obtain housing larger area, then for the extra square meters he will have to pay with personal funds. As for the type of housing, there are also no strict parameters.

These can be apartments in new buildings or secondary real estate. The main requirement is that the housing provided should not be in emergency condition.

Basic Concepts

When it comes to housing accidents, two main definitions should be distinguished. This housing is “unsafe” and “dilapidated”.

This is by no means the same thing, as some ill-informed citizens think. Depending on the official status of the building, what consequences will occur.

The main difference is that residents from a dilapidated building must be resettled, while those from a dilapidated building should not. A building is considered unsafe if it is unfit for habitation in principle.

That is, there are structural deformations, the house is located in a dangerous area, or sanitary requirements are seriously violated.

Living in a dilapidated house is dangerous. In some cases, if a house is recognized as unsafe, urgent resettlement of citizens and demolition of the building is required.

Dilapidated housing cannot be called comfortable either. But living there is not life-threatening.

Even if the house is recognized as 70% dilapidated, but there is no threat of destruction or the living conditions do not threaten the health of citizens, then there are no reasons for urgent resettlement.

That is why many houses in terrible condition continue to be used, waiting until they are recognized as unsafe.

Building evaluation criteria

The grounds for recognizing housing as unsafe are given in. This:

Not the entire apartment building, but only part of it, may be considered unsafe. For example, a separate residential premises is recognized as unsafe due to the failure of the interfloor ceiling.

Legal standards

The problem with dilapidated and dilapidated housing in Russia is very acute. For this reason, since 2010, according to the Presidential Decree, a targeted program “Resettlement of citizens from emergency housing stock” has been in effect.

Initially, the program was scheduled to end in 2015, but it was later extended until September 31, 2017.

If the residents of such an apartment choose to buy out the home, then the due amount is distributed in proportion to the share owned.

A somewhat difficult situation arises with an excellent choice of owners shared ownership. For example, one chose resettlement, and the other ransom.

In this case, everything depends on the size of the share owned. If the area owned by a citizen allows him to be provided with equivalent housing, then he will receive it.

Otherwise, you will need to agree to a buyout or to receive living space for all co-owners.

Is it possible to privatize land if a wooden house is unsuitable for habitation?

Staging land plot cadastral registration actually means that the land is owned.

But if required additional documents, then you can contact the Federal Reserve with an agreement on the distribution of shares between all owners.

An amendment will be made to the certificate of title to the apartment indicating the share in.

Thus, if the ground is under emergency wooden house is private property and not leased, then it will not need to be privatized.

If the site belongs to the state or municipality, then it is quite possible.

But before you apply for privatization of the site, you need to privatize it yourself a private house, if this has not already been done.

Then there will be a basis for. And this is where the main problem arises.

According to this, emergency premises are not subject to privatization. But there is another important point.

According to this, the recognition of a house as unsafe is carried out on the basis of an application from the owner or on the basis of the conclusion of state control and supervision authorities.

The interdepartmental commission does not have the right to independently evaluate the house. That is, it is necessary to privatize the house, then apply for privatization of the plot. In this case, a ransom may be required.

Is it possible to get an apartment

As already mentioned, you can get an apartment, but there are nuances here too. A resident of an emergency building must mandatory conclude an agreement with the local administration on the provision of housing to replace the seized one.

Otherwise, he will only be given financial compensation. In accordance with the redemption price is equal to market value demolished housing.

There is simply no approved scheme by which this market value is determined. Usually prices for similar housing are compared and, based on this, the cost per square meter is determined.

What is "dilapidated housing"? Our house is dilapidated, as they explained to me, due to the fact that the wear of its structures is more than 70%, but there are no plans to demolish it yet. What is the difference between dilapidated housing and emergency housing? Can dilapidated housing be habitable?

The concept of “dilapidated housing” is not defined in the legislation of the Russian Federation. Neither the Housing Code of the Russian Federation, nor the provision “On recognizing premises as residential premises, residential premises unsuitable for habitation and apartment building emergency and subject to demolition or reconstruction", the approved does not contain any mention of dilapidated housing. However, this concept is widely used both in the names of various federal and local programs “for the regeneration of areas of dilapidated and dilapidated housing”, the resettlement of citizens from dilapidated and dilapidated housing, and is mentioned in judicial acts.

Dilapidated housing. Dilapidated condition of the building. Definition of the concept

Dilapidated condition of the building- a condition in which the structures, foundation (building as a whole), as a result of high physical wear and tear, no longer meet the specified operational requirements (“Methodological recommendations for protecting the rights of participants in the reconstruction of residential buildings of various forms of ownership” (approved by Order of the State Construction Committee of the Russian Federation dated November 10, 1998 N 8 )

The definition of the concept of “dilapidated condition of a building” is also contained in the Methodological manual for the maintenance and repair of the housing stock MKD 2-04.2004 (approved by the State Construction Committee of Russia; not officially published).

In this manual dilapidation is defined as follows:

Dilapidated condition of the building- a condition in which the building structures and the building as a whole are worn out: for stone houses - over 70%, wooden houses with walls made of local materials, as well as attics - over 65%, main bearing structures retain strength sufficient to ensure the stability of the building, but the building no longer meets the specified operational requirements.

Wherein, load-bearing structures of the building - building construction, forming the building layout specified by the project, ensuring its spatial stability under calculated external influences.

Emergency housing

Emergency condition of the building, as stated above Methodical manual MKD 2-04.2004, - the condition of a building in which more than half of the residential premises and the main load-bearing structures of the building (walls, foundations) are classified as emergency and pose a danger to the lives of residents.

Wherein, emergency condition of the building's load-bearing structures- the state of the building’s load-bearing structures, in which the structures or part of them, due to natural wear and tear and external influences, have excessive deformations and damage, have lost their design strength and without measures taken for strengthening can cause an emergency condition of a residential premises or an entire residential building and pose a danger to residents.

A separate load-bearing structure of a building in the condition described above, if its collapse does not affect other structures or does not entail a change in living conditions or operation of the residential building as a whole, is considered pre-emergency.

It is not difficult to notice that if dilapidated housing(dilapidated condition of the building) is characterized high degree wear of its structures without the danger of their collapse and, accordingly, does not pose a danger to life, then emergency housing has deformations and damage to load-bearing structures and living in this residential premises life threatening due to the real possibility of collapse.

Thus, the mere fact of deterioration of a building (above 70%) is not a sufficient basis for the conclusion that the building is in disrepair or unsuitable for habitation for other reasons. In addition, the legislation provides for the procedure for declaring residential premises unfit for habitation. According to paragraph 7 of the Regulations “On recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction”, approved by the Decree of the Government of the Russian Federation of January 28, 2006. No. 47, “Recognition of a premises as a residential premises suitable (unsuitable) for citizens to live in, as well as an apartment building in disrepair and subject to demolition or reconstruction, is carried out by an interdepartmental commission created for these purposes (hereinafter referred to as the commission), based on an assessment of the compliance of the specified premises and house with the established in this Regulation the requirements. According to paragraph 42. of this regulation, the Commission, on the basis of an application from the owner of the premises or an application from a citizen (tenant) or on the basis of the conclusion of the bodies authorized to conduct state control and supervision, on issues within their competence, conducts a conformity assessment. premises to the requirements established in these Regulations and recognizes the residential premises as suitable (unsuitable) for living, and also recognizes the apartment building as unsafe and subject to demolition or reconstruction.

Dilapidated housing is housing that is unfit for habitation. Arbitrage practice

IN judicial practice There is a position according to which dilapidated housing is, by definition, housing unsuitable for habitation. For example:

"..The legal concept of dilapidated housing is This housing is unsuitable for living, which is confirmed nearby legal documents" (Appeal determination Supreme Court Republic of Bashkortostan dated May 27, 2014 in case No. 33-7217/14)

In another case, the court stated:

The argument of the appeal that, in accordance with the established procedure, according to the conclusion of 2011, the specified house was not recognized as unsafe, the judicial panel cannot recognize as justified, since the disputed house is included in the Program for the resettlement of citizens from dilapidated housing stock. In a programme The term “dilapidated residential buildings” should include residential buildings classified as unsuitable for permanent residence based on significant physical wear and tear.

The procedure for recognizing residential premises as unfit for habitation is established by Government Decree Russian Federation dated January 28, 2006 N 47 “On approval of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction” ( Appeal ruling of the Supreme Court of the Republic of Bashkortostan dated November 29, 2012 in case No. 33-12732/2012).

Dilapidated housing under previous legislation

In the current housing legislation, as indicated above, there is no concept of dilapidated residential buildings, which is replaced by unfit for habitation.

Earlier, before the adoption of the Regulations “On recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction”, approved by the Decree of the Government of the Russian Federation of January 28, 2006. No. 47, the Regulation “On the procedure for recognizing residential buildings (residential premises) as unfit for habitation” was in force, approved by the Decree of the Government of the Russian Federation of September 4, 2003. No. 552. This Regulation contained the concept " dilapidated condition of housing".

Thus, according to clause 2 of the Regulations (approved by Resolution No. 552), residential buildings (residential premises) are considered unsuitable for living:

a) in dilapidated condition;

b) in disrepair;

c) in which the harmful effects of environmental factors have been identified.

According to clause 3 of the Regulations, criteria and technical specifications classification of residential buildings (residential premises) as dilapidated or in disrepair is approved State Committee Russian Federation for construction and housing and communal services.

Criteria for classifying housing as dilapidated

Criteria and technical conditions for classifying residential buildings (residential premises) as dilapidated or in disrepair were approved by the Resolution of the State Construction Committee of Russia dated February 20, 2004. No. 10.

Section II of the Criteria stated, in particular:

1 TO unsuitable for habitation include:

a) residential buildings in disrepair;
b) dilapidated residential buildings;
c) residential buildings located within sanitary protection, fire and explosion hazardous zones industrial enterprises, transport, utility networks and other areas with special conditions prohibited for development;
d) residential buildings located in hazardous areas rock dumps from coal, shale mines and processing plants; in areas of landslides, mudflows and snow avalanches; in areas annually inundated by flood waters;
e) residential buildings located in places of environmental distress (if disturbances in the natural balance of the area or territory are detected or deterioration of geological, morphological, physical and other soil indicators);
f) residential buildings in which it is impossible to provide residents with public utilities, meeting the quality requirements of regulations and standards, sanitary rules and regulations and the terms of the contract, and organize the technical operation of a residential building.

2. A residential building in disrepair is a residential building whose condition threatens the safety of living of citizens.

3. The emergency condition of a residential building occurs as a result of:

a) deformation, damage, reduction in strength and bearing capacity one or a group of load-bearing structural elements (foundations, walls, load-bearing partitions, columns, ceilings, balconies, loggias, roofs, stairs and other load-bearing structural elements);
b) deformation of the base of the building;
c) damage caused by earthquakes, subsidence, uneven precipitation, natural disasters, etc., if these damages cannot be eliminated while simultaneously meeting the structural requirements building codes and rules for residential buildings for special conditions construction and operation;
d) accident, fire, if carrying out restoration work is technically impossible or impractical from an economic point of view.

4. Dilapidated residential building- residential building with physical wear and tear<*>, in which its strength and deformation characteristics are equal to or lower than the maximum permissible characteristics established regulatory documents for current loads and operating conditions.

<*>Physical wear and tear of a residential building (element) is a value characterizing the degree of gradual or immediate deterioration of the initial technical and related other operational indicators of a residential building (element): strength, reliability, stability, etc. as a result of the influence of natural climatic factors and human activity.

5. To the shabby residential buildings relate:

a) prefabricated, brick and stone houses with physical wear and tear of over 70 percent;
b) wooden houses and houses with walls made of local materials, as well as attics with physical wear and tear of over 65 percent.
The degree of physical wear and tear is determined in accordance with current regulations.

6. To classify a residential building as unsuitable for habitation on the grounds provided for by these criteria, one of those specified in paragraph 2.1 is sufficient.

An unsafe house is a house whose degree of deterioration is 70% or more. Some of these houses are considered suitable for habitation, and some are considered unsuitable. What to do if your home is declared unsafe? Do not be upset, but take into account the recommendations below.

Which house is considered unsafe?
Let's start by taking a closer look at what an emergency house is. A house in disrepair is a fairly broad concept; it includes houses with cracks in supporting structures and dilapidated housing with a strong foundation. Living in a dilapidated house is dangerous; plaster is falling from the ceilings, walls are cracking, stairs and balconies are collapsing, and pipes are bursting. Meanwhile, a house that is automatically collapsing is not called emergency - in order to receive such status, the building must be examined by a special commission. After this, only an act is drawn up - a resolution of the executive authorities on the unsafe condition of your housing.

Where will you go?
Some dilapidated houses, as we have already said, are suitable for habitation; from some houses, residents are moved to a short time. Since residents are divided into owners and tenants (privatized and non-privatized housing), the relocation algorithm for them will also be slightly different.

If you are the owner of an emergency premises, then there are two possible development options: either the state buys your apartment, or you are offered a redemption amount, plus compensation for the loss of your home. Typically, this option is of little satisfaction to the owners - the amounts offered are so low that they prefer to live in dilapidated housing and sue the company offering a ridiculous ransom amount.

If you are not the owner, then everything is much simpler - you will simply be provided with housing with a similar area. Of course, you can get money instead of housing, but a smaller amount than the owner. But you will not be able to become the owner of emergency housing - after the house is recognized as emergency, privatization of the premises in it is legally impossible.

When is the housewarming party?
If a house is declared unsafe, the removal of residents from it by law should not take more than a year. If several of your neighbors flatly refuse to leave, this does not mean that the issue of relocation will drag on - if the owners of dilapidated housing are trying to cash in on their troubles, they can legally be expelled from the house through a judicial procedure, and this will not affect the timing of the relocation of other residents.

Far from ideal
Of course, this is an ideal picture - the house is declared unsafe, the residents are being resettled within a year. Sometimes it is not profitable for authorities to recognize houses that are falling apart as unsafe, and entire generations of people put their lives in danger every day in their own homes. What to do? Go to court. Invite independent experts to assess the unsafe condition of your home - and may God help you!

The question of how to recognize whether a house is in disrepair or not is important for its residents. Despite the fact that a house in disrepair poses a real danger to the health of the people living in it, not everyone has the opportunity to change such housing. Moreover, transactions with dilapidated or emergency real estate are legally limited. Let's consider where you can find out the current status of your own home, as well as how to achieve its classification as an emergency and why this needs to be done.

Which housing meets the criteria for emergency

The term "" is not contained in the legislation. The regulations that define the procedure for recognizing apartment buildings as unsafe state that they are unsuitable for habitation. This means, first of all, that such housing poses a threat to the health, and even the life, of its residents. At the same time, reconstruction or major repairs of such buildings is impractical due to excessive costs or is simply impossible.

The grounds for recognizing an apartment building as unsafe and unfit for habitation may be as follows:

• physical wear and tear that has led to deterioration in the performance of the entire building or its individual parts;
• location in an area where flooding regularly occurs, avalanches or mudflows occur, and landslides occur;
• damage caused by a gas explosion, fire, earthquake, soil subsidence during karst processes, etc., if correcting such violations is prohibitively expensive or simply impossible and there is a danger to people;
• deformation of the foundation or walls, other load-bearing structures;
• dilapidation of wooden floors and other elements caused by biological damage (fungus, bug, etc.);
• the location of housing in the destruction zone during possible man-made disasters;
• exposure of residents to adverse factors such as noise, vibration or various types of radiation.

But the mentioned signs alone are not enough. It is necessary that the house is officially classified as emergency. Only then will residents have the opportunity to solve their housing problem with the help of the state.

Consequences for owners of emergency housing

The main consequence of declaring an apartment building unsafe will be its resettlement and demolition. Local authorities are directly involved in this. The process is not quick; it happens that people wait for a solution to the problem in emergency housing for years.

All registered residents must be divided into two categories, each of which has its own conditions. The first is citizen-owners, the second is social housing tenants. The state provides them with assistance in relocating from emergency apartments, but in different ways.

Owners of apartments are offered a redemption price for them. In other words, the municipality takes away their housing in the prescribed manner for its own needs - in this case, the demolition of a potentially dangerous facility. Civil law prescribes that such seizure be made in exchange for compensation, that is, ransom. The offered amount should not be less than the market value of the apartment.

In practice, many owners are dissatisfied with the redemption price set by the municipality. All disagreements in this case are resolved in court, which does not always side with the owner. Eviction in such a situation will be forced. But regardless of whether the seizure of living space occurred voluntarily or by court decision, acquiring a new one is not the responsibility of local authorities. The former owner decides this issue independently.

Under a social tenancy agreement, the municipality carrying out the demolition of a dilapidated house is obliged to provide tenants with equivalent housing on the same terms. That is, to select an apartment of the same area from a special background. The number of residents is not taken into account in this case. In exchange, you cannot allocate a room in a communal apartment or dormitory.

Where exactly the new living space should be located is not established by law. And often residents of dilapidated apartments in the center receive new ones on one of the outskirts. , but not for rent, but for ownership, may also be offered to owners of apartments in a dilapidated building in exchange for monetary compensation.

How to find out if a house is considered unsafe

You can apply for compensation or other housing to replace the damaged one only after the local administration makes an official decision to recognize the house as unfit for habitation. An interested party may obtain a copy of this document upon request. Information about houses subject to demolition is entered into a special register of the Department of Housing or Property Relations. The information is open and can be obtained without any restrictions.

Sources for obtaining the necessary information also include:

• publications about the upcoming resettlement in local newspapers and official printed organs of the municipal government;
• websites of district administrations, committees and departments of city property management, where reconstruction and demolition plans for the next few years are posted in the section dedicated to city programs;
• committee or department of construction and architecture, which receives information from the register of emergency buildings.

How to officially declare a house unsafe

Making a decision is preceded by the work of a special commission consisting of specialists from different departments:

• design organizations
• district administration;
• housing inspection;
• Rospotrebnadzor, etc.

Conclusions about the technical condition of the entire house or its individual structures made by specialists from other organizations can serve as a reason for creating an interdepartmental commission. However, they are not grounds for resettling residents and demolishing the building. To do this, you must follow the procedure for recognizing a house as unsafe.

The convening of the interdepartmental commission is preceded by the manifestation of initiative to officially classify the house as emergency. Inspectors from Rospotrebnadzor or the Fire Service can speak with it, but most often this is done by the residents of such houses themselves. The main stages of the process of transferring a building to emergency status will be as follows:

1. Residents draw up and submit an application to the district administration, which is accompanied by an extensive package of documents confirming the need to conduct an examination of the house.
2. The commission examines the submitted documents and also goes to the site to draw up an inspection report on the residential and common premises of the house.
3. Based on the results of the inspection, a conclusion is drawn up declaring the house unfit for habitation or in need of major repairs or reconstruction.
4. Based on the conclusion, municipal authorities make a decision on entering the house into the register of emergency housing, methods and timing of resettlement of residents.
5. A copy of the decision is provided to the applicants, who have the right to appeal it to judicial procedure.

What documents do residents need to collect?

Before submitting an application, it is necessary to collect evidence that the house poses a danger to the lives of its inhabitants and cannot be restored. To do this, it is necessary to obtain expert opinions from the fire and sanitary services and to assess the degree of wear and tear of the house structure at the BTI. As a result, a package of the following information is formed:

• a copy of the technical certificate of the house itself, indicating the level of wear and residual value;
• technical passports of all apartments with the same information;
• all inspection and repair reports for the last 3 years;
• expert opinions;
• complaints from residents about living conditions;
• other information facilitating decision-making.

After the house is recognized as unsafe and included in the resettlement plans, residents are given an official notice. The period specified in it can be used to find new housing or to privatize an apartment in order to later resolve the issue of moving as an owner.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

Our lawyer can advise you free of charge - write your question in the form below:

The emergency or dilapidated condition of a residential building, one way or another, poses a threat to human health and life, therefore government agencies are obliged to promptly and effectively respond to statements from the population regarding the recognition of such real estate as unsuitable for habitation or requiring major repairs. Approval Process apartment buildings emergency is not so simple and requires a certain investment of time, which sometimes may simply not be available. Since local governments cannot simultaneously control all objects on their own, the population should not wait for attention to be paid to them. It must be actively involved through statements and complaints about the condition of real estate.

The state commission, which is authorized to recognize residential buildings as unsafe or dilapidated, based on the results of its inspection makes one of two decisions - to demolish the building and resettle its residents or to reconstruct the house and carry out major repairs, if possible.

In general, for a house to be recognized as unsafe, compelling reasons are needed. In this case, this is confirmation that the supporting structures have lost their strength. This happens under the influence of time, natural phenomena or technical reasons, which should also be identified by a special commission.

Save your time and nerves. and within 5 minutes you will receive free consultation professional lawyer.

Criteria and responsibilities

It should be noted that a dilapidated house is recognized as such not only because of its technical condition. It may be unsuitable for living due to the location of the communication support, that is, if for some reason it is impossible to connect electricity or water supply to the house. What also makes it unsuitable for life is its location in an unsafe area, when there is a threat of explosions or natural disasters. Quite often, a building is recognized as unsuitable for habitation due to an unfavorable environmental situation, which must be officially confirmed by conducting appropriate studies by the sanitary and epidemiological commission.

Each city and district interdepartmental commission has the right to recognize a building as dilapidated or unsafe. To do this, there is no need to go anywhere higher, which greatly simplifies and speeds up the procedure. At the same time, the interdepartmental commission in making decisions is largely guided not by dates, but by the presence of a threat of collapse of walls, foundations, and ceilings. If the faults can be restored by carrying out a major overhaul, the house will be reconstructed and the residents will remain in the same place.

Resettlement legislation

It is important to note that in modern Russian legislation there is the concept of only an emergency building. The term dilapidated housing was removed from all regulations. However, since many people have become accustomed to it, it still continues to be mentioned and used in some methodological recommendations and instructions, which is not a gross violation. In particular, such documents indicate that housing can be officially recognized as dilapidated if the wear is above 70 percent for stone structures and above 65 percent for buildings made from local materials (in particular wood). Even if the building looks solid from the outside, the above percentage of wear and tear makes it unsuitable for residential use. However, wear and tear does not cause the demolition of housing, since it does not collapse.

A house in which more than half of the building, as well as supporting structures, is damaged and poses a threat of collapse is considered emergency. Usually such a danger can be identified even visually, since the building is significantly deformed.

According to the law, citizens are subject to resettlement in the event that their residential building is deemed by the commission to be demolished and unsuitable for habitation. In cases where the property requires significant major repairs, residents may be temporarily resettled in other premises, with subsequent return.

About official recognition

Government regulations contain descriptions of situations in which dilapidated houses can be approved as unsuitable for living in them. In general, this occurs due to two main factors:

• The condition of the immovable object has deteriorated due to temporary wear and tear, giving the building the status of having lost the reliability and strength of its structural elements;
• The environmental conditions and microclimate have changed, making it impossible to ensure important sanitary and hygienic standards and requirements.

These two points, in turn, significantly expand the list of objects that can be recorded as unsuitable by the interdepartmental commission.

Houses that are given emergency status without living conditions:

Where to start taking action

In any case, the resettlement of citizens occurs after a residential building is declared unsafe and unfit for habitation. The very procedure for such recognition begins with statements from home owners or acts of the relevant authorities that control the condition of the building. Inspections and examinations are carried out by a state interdepartmental commission specially created for this purpose. It is by its decision that the property receives the status of being subject to demolition or reconstruction.

In particular, the commission deals with the following:

• Checks applications and accompanying documents;
• Sets whether any further paperwork needs to be submitted;
• Determines the composition of specialists who will study the house;
• Evaluate the result obtained;
• Draw up an inspection report with the decision made.

In order for the commission to begin acting on the initiative of citizens, they will need to attach to the application:

• Copies of title documents for housing in the specified house;
• Conclusion of a specialized institution (necessary if the applicants demand that the house be recognized as unsafe and subject to demolition);
• Conclusion of the design organization regarding non-compliance of load-bearing structures with established requirements;
• Other papers at the discretion of the applicant.

Powers of the commission

When submitting an application, you should clearly understand what to expect from the activities of the commission and what decisions it has the right to make. The solution may be one of the following:

At the same time, the commission is not involved in carrying out the necessary work and directly relocating residents. She draws up a deed in three copies, keeping one for herself, giving the second to the applicants and the third to the owner of the house. In addition, the commission may decide to repeat or additional verification, which must be indicated in the act.

After the act is ready, the authorized bodies sign an order on the future fate of the specified house, along with the procedure for the resettlement of citizens, if necessary. The same document should indicate the timing of the work carried out and their complete list. All houses recognized as unsafe must be registered with the local government.

What are the consequences

When all decisions regarding the resettlement of residents from a building recognized as unsafe are made, it is extremely important to carefully read the acts and texts of orders. This is necessary in order to understand what, why and when will happen in the future, since through carelessness many create unexpected difficulties for themselves. If any point in the order remains unclear, you must contact the authorized body that issued and signed this document to obtain clarification.

It is important to understand that after a house is recognized as unsafe and subject to demolition, absolutely all rental contracts must be terminated in court or voluntarily.

In Article 57 of the Housing Code of the Russian Federation, the resettlement of residents from dilapidated buildings is recognized as a forced measure, but in no way an improvement in the living conditions of citizens. This means that if any of the residents refuses to be resettled, this person will be forcibly evicted in accordance with the law.

In return, citizens should be provided with housing similar to that which was in the same locality, and not far beyond its borders, with the same area and the same number of rooms.

The information in this article is provided for informational purposes only.
We recommend that you contact our lawyer.

Representatives of the Nizhny Novgorod authorities explained the difference between wave resettlement and regular

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In the Nizhny Novgorod region, a program of wave resettlement of residents of dilapidated and emergency buildings began to operate. This means that hundreds of families who previously huddled in old houses without amenities will receive apartments in new buildings. Which houses are included in this program, what can residents claim? dilapidated houses, what apartments can they get in return for theirs? Margarita Mustafaeva, head of the housing accounting and distribution department of the Nizhny Novgorod district administration, answered these and other questions.

Dilapidated houses are not always suitable for relocation

Many dilapidated houses are considered unsafe. However, a dilapidated house and a dilapidated one are not the same thing. Let's figure out what the difference is.

Housing is considered dilapidated if its wear and tear is over 66% for wooden houses and over 70% for stone houses, explains Margarita Mustafaeva. - But if the house stands on a strong foundation, the walls and roof remain quite strong, and the communications cope with the tasks assigned to them, then such a house is considered suitable for living. It can be completely repaired.

IMPORTANT Housing is considered emergency if the load-bearing structures of the foundation, walls, and roof are destroyed and threaten the life and health of the people living there. The emergency house is subject to resettlement.

The decision to recognize a house as unsafe can only be made by an interdepartmental commission and only in three cases: 1. if the physical wear and tear of the building or its parts has led to “an unacceptable level of reliability of the building”;

2. if the microclimate parameters of the residential premises do not allow compliance with the necessary sanitary and epidemiological requirements and hygienic standards;

3. if, as a result of man-made situations and natural disasters, the building has received such damage that it cannot be restored. In such cases, residents must be relocated within 48 hours.

Recognition of housing as unsafe has important consequences: such housing must be resettled and then demolished. That is, “dilapidated housing” has a clearly defined legal status and consequences, while “dilapidated housing” is a largely everyday concept and does not carry such obligations.

To own or not to own?

People living in a building that is in disrepair or slated for demolition are divided into two categories - owners and tenants. And this status is also of great importance during resettlement. Let's figure out what rights both have.

If their house or apartment is declared unsafe, they have the right to receive another living space under a social tenancy agreement. It must be well-equipped, equivalent in total area to the previously occupied residential premises, meet established requirements and be located within the boundaries of a given locality, that is, within the boundaries of Nizhny Novgorod,” explains our expert.

Here you need to pay attention to the following point: resettlement is not an improvement in living conditions, therefore the living space provided will be equivalent in size to the apartment in which you live. Regardless of the number of people registered in it and their family ties.

However, if people were on a waiting list for improved housing conditions, then after moving to a new apartment they will retain their right to be registered as those in need of housing. Unless, of course, they no longer have any reason to be on such a register (for example, they themselves have already bought an apartment or a person in need of improved housing has died), adds Margarita Ivanovna.

If your apartment is privatized, you are the owner of the property.

According to the Housing Code of the Russian Federation, if your apartment or house is considered unsafe, your home can be purchased from you. Or, by agreement with the owner, he may be provided with another residential premises (its cost will be the same redemption price), says Margarita Mustafaeva. - The price of residential premises, terms and other conditions of redemption are determined by agreement with the owner of the residential premises. If the owner of the premises does not agree with the decision or an agreement has not been reached with him on the redemption price or other conditions of his redemption, the authorities may file a lawsuit in court. It can be presented within two years from the date of notification to the owner of the residential premises about the decision made to seize the residential premises belonging to him. This is why in “rotten houses” located in areas unpromising for investor-developers, almost all residents are tenants. They can count on resettlement at the expense of the municipality. But as soon as it becomes known that the house will be occupied by investors, residents run to privatize the housing, since the owner can dictate his own conditions: he has the right to demand housing not meter by meter, but the kind he wants, or a substantial monetary compensation.

But this is a double-edged sword. Because of one tenant with big appetites, the resettlement process can drag on for years: the investor will eventually go to court, and on average one such case is considered for about two years. If the courts drag on or the investor finds this process burdensome, he may abandon the site. And the worst will be the residents of the dilapidated shacks themselves, who will continue to live there for many years to come.

Catch the wave!

Now let’s talk about wave relocation - a completely different process from everything previously described. “During the usual resettlement of municipal non-privatized housing, people can be moved to equal premises in any area of ​​the city,” explains Margarita Mustafaeva. - The “wave” resettlement includes a certain list of houses. It implies that houses for residents of dilapidated buildings will be built at the expense of budgetary and investment funds, and in the vacated territories, in turn, complex development will begin.

According to our interlocutor, the main advantage of this program is that residents will not have to change their usual area; they will receive apartments in houses, usually built next door to their previous housing or in nearby areas (from Nizhny Novgorod it is quite possible to move to Sovetsky or microdistrict "Flowers", but possibly also on Bogdanovich - this is the Nizhny Novgorod district).

USEFUL LINKS- The list of dilapidated houses and the list of houses recognized as unsafe and subject to demolition in the Nizhny Novgorod region can be seen on. - The list of houses included in the wave resettlement program can be found in the Appendix to the resolution of the Nizhny Novgorod City Duma dated January 31, 2007 No. 4 “On approval of the municipal targeted program for the demolition and reconstruction of dilapidated housing stock in the city of Nizhny Novgorod.” Unfortunately, it is not publicly available on the Internet.

Despite its name, emergency housing is often the place of permanent residence for a large number of citizens. However, we can draw a general conclusion that such real estate is categorically unsuitable for long-term and permanent residence of people. That is why every person should have a real opportunity to change their permanent place of residence.

Therefore in current legislation contains norms that regulate the process of recognizing residential premises as unsafe. It also contains all the information about exactly how citizens can get new housing to replace the old one.

The legislative framework

There is a certain list of legislative acts in force in the country that directly regulate the procedure for recognizing housing as unsafe.

Among such acts are:

1. Civil Code of the Russian Federation. Such legislative act contains general concepts.
2. Housing Code. Such legislation also contains information about general concepts the process of recognizing housing as unsafe.
3. Regulation No. 47, which contains comprehensive information on how the premises are considered unsuitable. The specific provision contains information about in which case the house is subject to immediate demolition or lengthy reconstruction.

Which house can be considered unsafe?

Based on the legislation in force in the country, there are certain criteria that allow a house to be recognized as unsafe. This may include the fact that in this house the presence of any harmful factors was identified that prevented a person from staying there for a long time. Moreover, such factors must necessarily influence the safety of life, as well as human health.

These include:

• Presence of any permanent sources of noise.
• Presence of vibrations.
• Presence of harmful electromagnetic fields.

In addition, there is a separate list of residential premises, which may subsequently be recognized as unsafe. These include:

1. Residential premises located in landslide zones and in areas subject to flooding. At the same time, it must be observed that such natural disasters cannot be prevented by engineering solutions.
2. If the residential premises are ready to collapse due to the fact that an explosion, earthquake or man-made accident occurred in this area.
3. Rooms with windows facing any highways. In this case, the condition must be met that the noise level in them far exceeds the permissible level, and there is no way to reduce it using any engineering solutions.
4. Residential premises, next to which there is a device adapted for flushing the garbage chute.

Where to contact

In order for residential real estate to be recognized as emergency in any way, it direct owners or tenants will need to contact a specialized interdepartmental commission, which assesses the direct compliance of the house with all the requirements in force in the country's legislation.

At the same time, such a commission includes the following employees:

• Members of local administration.
• Members of the current housing inspection.
• Members of Rospotrebnadzor.
• Employees of the Ministry of Emergency Situations.

How to recognize a house as unsafe

There is a certain procedure that must be followed in order to recognize your home as unsafe.

1. First, you will need to write a specially compiled application, and then submit it to authorized body.
2. Next, a specialized commission reviews the received application.
3. Based on the results of consideration of such an application, they issue a special conclusion, which contains all the information about whether the this house for permanent residence.
4. However, before this you will have to collect, in addition to a simple application, a whole package established documents, which will directly prove the fact that this housing is no longer suitable for permanent residence.
5. The total period for consideration of such an application usually takes thirty days.

How to recognize an apartment building as unsafe

Such a check can be initiated by the following types of parties:

1. Directly the citizens themselves living in this house.
2. Authorized bodies of Rospotrebnadzor.
3. Fire Department.

Any other government bodies, whose action is directly aimed at supervising and monitoring the condition of the housing stock.

1. First, you will need to submit an application, as well as the documents attached to it.
2. Immediately after this, obtain the opinions of the following authorized bodies:
   • Control and supervision.
   • Design organization.
   • Housing inspection.
3. Next, an inspection report for the property is drawn up.
4. The next stage is the drawing up of a special conclusion that recognizes this apartment building as unsuitable or, on the contrary, suitable for long-term living.
5. After this, the authorized body makes a decision on the unsafety of the house, as well as on its use.
6. The final stage of the procedure for recognizing a house as unsafe is the transfer of one copy to one of the applicants, as well as to one of the owners of the premises.

If such a specialized commission has made its competent decision that this house will not be recognized as unsafe, the applicant has the right to go to court and challenge the received act.

Required documents

To recognize your home as unsafe, you will have to work hard and collect a fairly large package of all kinds of documents.

1. Application from residents to declare their home unsafe.
2. Copy technical passport specific house. Such a passport should also contain information about the level of wear and tear of a given house and its residual value.
3. In addition, the technical organization must also prepare plans and sections of all premises.
4. All acts for the last three years that confirm the fact that the owner or any person authorized by the owner has inspected such a specific residential building. Also, such acts indicate information about exactly what and when they were carried out. renovation work completed within the allotted time period.
5. Conclusion of the sanitary service.
6. Conclusion of the fire service.
7. Statements, as well as all kinds of complaints from residents of a particular house about the extremely harmful conditions of their permanent residence.
8. A conclusion on the general technical condition of a particular house, which must be issued by a specialized organization that has an appropriate license issued by an authorized person. Moreover, such a conclusion must also contain information about the category of unsuitability of this real estate for long stays.
9. An act on carrying out all kinds of activities aimed at monitoring compliance with the safety of the existing housing stock.
10. All possible other documents that may be required by the commission in order to make its decision on recognizing such real estate as unsafe.

Where can I see the list of houses recognized as unsafe?

To see information about whether a given house is recognized as unsafe or when it will be resettled, you will need to contact your local Housing Department or the Department of Property Relations and view a special register of emergency housing there.

The house was declared unsafe, what next?

After the house is recognized as unsafe, all that remains is to wait for all the residents to move out. Of course, there is a certain procedure established at the legislative level for this.

To begin with, there is a division of all the people who live in such a specific apartment building into two categories:

• Owner. These citizens own their residential premises on the basis of a valid permanent right of ownership.
• Employer. These citizens live in the apartment under a concluded agreement social hiring.

The owner of a specific real estate property is offered two options for the development of events:

• This apartment is being purchased at the expense of the state.
• The owner is offered a special redemption price. Quite often a situation occurs when the owner categorically disagrees with the price offered to him. It is for this reason that there is now a large number of persons who refuse to move out of emergency housing.

If, after submitting the entire package of documents, an agreement has been reached between the owner and the municipality, procedures for the seizure of this housing will be carried out, of course, with the payment of cash.

The municipality is not obliged to move residents to a new place of residence, They should deal with this issue on their own.

One situation that often occurs is when the owner demands that the municipality pay for his home an amount significantly higher than the proposed amount. In such a situation, the municipality has every right go to court to resolve this issue. Then the eviction will be carried out on the basis of a court decision, which means that the owner will not receive any concessions.

It is worth separately noting the fact that the municipality does not give the owner an amount lower than the market value of the residential premises.