What to do when demolishing a room. Resettlement of different families from one apartment during the demolition of dilapidated and dilapidated housing. If housing is not privatized

One of the problems arising in the process of implementing the existing ones in Moscow housing programs, is the actual residence in a dwelling, subject to resettlement, of several families, each of which, as a result of resettlement, wants to have a separate apartment.

The subject of this article is situations when citizens living in apartments subject to resettlement are their tenants, since the procedure provided for by Art. 32 LCD RF.

The rules of Art. 89 of the RF LC and the corresponding Laws of the city of Moscow.

So, by virtue of Art. 89 of the Housing Code of the Russian Federation provided to citizens in connection with the eviction of another dwelling under a social tenancy agreement must be comfortable in relation to the conditions of the corresponding settlement, equivalent in total area to the previously occupied residential premises, meet the established requirements and be located within the boundaries of the given settlement. If the tenant and his family members living together with him before the eviction occupied an apartment or at least two rooms, the tenant accordingly has the right to receive an apartment or to receive a dwelling, consisting of the same number of rooms, in a communal apartment.

The conditions and procedure for ensuring the rights of citizens during resettlement, vacating residential premises (residential buildings) on the basis of decisions of the executive bodies of state power of the city of Moscow are regulated by the Law of the city of Moscow No. premises ”.

In accordance with Part 1 of Art. 13 of the said Law of the City of Moscow, the resettlement of citizens and the release of residential premises occupied by them under contracts of social tenancy, lease, gratuitous use, are carried out by providing them with another comfortable living space in housing stock of the city of Moscow, respectively, under an agreement of social hiring, lease, gratuitous use or, in cases stipulated by law, by providing gratuitous subsidies for the acquisition of residential premises or the construction of residential premises for the purpose of acquiring them into ownership.
The size of the area of ​​the living quarters provided to citizens under contracts of social tenancy, gratuitous use, must correspond to the size of the area of ​​the living quarters provided with the help of the city in accordance with the legal acts of the city of Moscow.

Based on part 7 of Art. 13 of the Law of the city of Moscow N 21 of May 31, 2006, when providing living quarters to citizens specified in part 1 of this article who are not registered with housing and occupying living quarters less than the norm for providing the area of ​​living quarters established by the law of the city of Moscow, the presence of other residential premises belonging to citizens or members of their families on the right of independent use, all civil transactions with residential premises, as well as actions taken over the past five years, including the resettlement of other persons at the place of residence, as a result of which living conditions of these citizens have deteriorated. The list of actions that led to the deterioration of housing conditions, and actions that are not a deterioration in housing conditions, is established by the law of the city of Moscow. If citizens or members of their families have other residential premises in respect of which they have the right to use independently, or if they commit transactions or actions as a result of which the living conditions of citizens have deteriorated, they are provided with living quarters equivalent in terms of the total area to those vacated.

In accordance with Art. 20 of the Law of the City of Moscow of June 14, 2006 N 29 "On ensuring the right of residents of the year of Moscow to living quarters" to residents of the city of Moscow recognized in need of housing conditions, recognized in need of housing and recognized in need of assistance from the city of Moscow in the acquisition of housing within the framework of city housing programs, residential premises are provided from the housing stock of the city of Moscow, the area of ​​which is not less than the provision rate, with the exception of cases provided for by this Law. The norm for the provision of living space is 18 square meters living space for one person.

As you can see, neither federal legislation, nor the legislation of the city of Moscow provides for the provision of several apartments to citizens subject to resettlement, corresponding to the number of families who lived in a residential building before resettlement.

The only possibility for this is provided for in Part 2 of Art. 1 of the Law of the city of Moscow dated June 14, 2006. No. 29 "On ensuring the right of residents of the city of Moscow to living quarters", according to which in an apartment occupied by several families, citizens who consider themselves to be different families live on the basis of separate agreements of social employment, rent, gratuitous use, concluded with the city of Moscow in in accordance with the established procedure, in relation to individual living quarters in an apartment (rooms) or on the basis of ownership of individual living quarters.

Following this criterion, the procedure for registering citizens in Moscow in order to implement urban housing programs implements the following principle: "One apartment (room), which is the subject of a social tenancy agreement - one registration file." The division of accounting affairs is not provided for by the current legislation.

An exception to this rule is the Temporary Regulation on the Procedure for Improving the Living Conditions of Citizens in the City of Moscow, which was in force for some time, approved by the Decree of the Moscow Government dated June 21, 1994. No. 497, which was not prohibited from registering citizens living in the same dwelling, united by signs of kinship or property, but having their own sources of income, a separate budget and keeping separate households as different families.

At the same time, it should be borne in mind that the above does not exclude, in practice, the provision of separate apartments to different families when resettling, since there is no prohibition on this in the current legislation, and the authorized housing authority, if possible, has the right to improve housing conditions for citizens. when relocating.

The lawyer Panasyuk V.I.

Special state programs operating in the territory Russian Federation, are aimed at providing citizens with housing if they are deprived of it due to the demolition of a residential apartment building... Responsibility for such actions is assigned to the local authorities and they are carried out at the expense of federal budget... It should be borne in mind that to date, the program has been extended only until the end of September 2017. If the government's decision does not change and it is not renewed, it will cease to operate.

Given the fact that no one can guarantee further renewal state program and funding, tenants and apartment owners in dilapidated and dilapidated buildings must begin to act now. Since the building in the first place should be recognized as unfit for habitation, the procedure itself with expertise and resettlement will take more than one day and this must be taken into account.

It is equally important to keep in mind that the period for considering the issue is influenced not only by the fact when the tenants began to actively work, since all the main work is entrusted to the interdepartmental commission. The commission makes its decisions, referring to the articles of the Housing Code of the Russian Federation.

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When is this possible

Standards in force Russian legislation determine a residential building as dilapidated with a certain wear and tear supporting structure... In percentage terms, the threat to human health and life, the danger of collapse of the structure is worn by more than seventy percent. At the same time, residents can not always count on receiving new apartment, since in addition to demolition, the building can be reconstructed.

Before considering how apartments are given to owners during the demolition of a house, it should be clearly understood that visual signs of accidents, deformation and visible damage to a building must be documented. The higher the danger to those living in the house, the sooner it needs to be done.

Grounds for declaring the house unfit for habitation:

Interdepartmental commission and its role

To declare housing subject to demolition and get another apartment in return, you first need to submit an application and the attached list of documents to the local government. The requirement for the application should be the conduct of an appropriate examination. After considering the appeal, the administration appoints an interdepartmental commission, whose task is to decide on the demolition of the building and to resettle the tenants in new apartments.

It is not only the owner of the living quarters that has the right to apply with the application and documents. You can also submit a collective appeal. In addition, tenants, tenants, federal bodies, management companies and government supervision authorities.

The request is considered for no more than ten days. If everything is correct in the submitted documents, no errors and inconsistencies were found in the submitted information, a commission is sent to conduct a survey. Based on the results of the inspection, a decision fixed by the act will be issued. If it says that the given apartment house unsuitable for habitation and subject to demolition, tenants will be evicted. At the same time, it is important to keep in mind that they will be evicted on a voluntary-compulsory basis, regardless of whether they agree with such a decision or not.

Residents' initiative

Every citizen living in a residential building that poses a threat to human health and life must understand that government agencies cannot simultaneously control every object. Even for scheduled inspections there are schedules, and it is not worth waiting for the responsible services to appear at the behest of the sixth sense. Assessing the situation, residents of emergency houses should take the initiative on their own by submitting appropriate applications. Attached to such requests are:

Depending on the circumstances of each individual case, the specified list of documents may be supplemented. In addition, it is allowed to submit them along with the application not only with a personal visit, but also using the post office or electronic portal of public services.

When will they resettle

After interdepartmental commission a final decision will be made that the house is subject to demolition, the act will be signed and transferred to the administration. Further, everything will depend on local authority self-government. In other words, the role of the commission is only to certify the need to relocate residents, but it itself is not involved in this process.

Based on the results of the consideration of the act, the local authority must issue an order that the apartment building will be demolished within a certain time period. The same document also fixes the time frame within which citizens must receive another apartment. Then about the decision and the timing, official mail notices are sent to each address, regardless of whether the dwelling is privatized or is in municipal ownership. Notifications must be sent within 5 days after signing the corresponding order.

It should be noted that in especially dangerous situations, notifications are sent on the same day when the order is signed. Accordingly, the terms of resettlement are significantly reduced.

In accordance with the orders, of which there are actually many in the local administration, a queue of citizens for resettlement is drawn up. There are no deadlines for this process and are not required by law to be clear. At the same time, more than one year cannot be allocated for resettlement.

What in return

After the completion of all formal actions, that is, after considering the request, the act of examination by the commission, signing the order and sending notifications, a completely logical question arises - what is the local government obliged to give the resettled citizens in exchange for their previous housing. In accordance with the norms of Russian legislation, the resettled persons have the right to apply for:

The local government will give citizens a choice of three options on a first come, first served basis. That is, they will offer one, if it does not fit, they will offer the second, and so on. Of these three, it will be possible to choose the optimal housing. However, it is worth remembering that after the refusal for the third time, the state deprives a person of the right to receive another housing, instead of the one remaining in the house for demolition.

How the process works

After receiving an official notification of the demolition of the house, each owner or tenant of housing, if it is municipal, must independently report to the housing department of the local government. There, on the spot, it is necessary to reach agreement on further actions, as well as conclude an agreement on the withdrawal of the current apartment.

The agreement contains the nuances and conditions of a future deal with the exchange of living space, including the type of compensation that the person has chosen. Given the fact that eviction is usually given a year, one should not rush to a decision, weighing the advantages and disadvantages of the options provided. For persons who wish to receive compensation not in the form of another apartment, it makes sense to approach the calculation of the redemption value with particular care. The best option to assess current housing will independent expertise, from private appraisers, because government specialists from the municipality they will take the very minimum. In addition, it is important to take into account the redemption value, costs associated with relocation, hiring a different dwelling, lost profits and wasted time. If the municipal government does not agree with independent evaluation and deliberately underestimates assessed value, and the parties fail to find a compromise, they will have to go to court.

Alternative by law

If the house is recognized as subject to demolition, and the apartment is privatized, you must refer in your rights to the Civil Code of the Russian Federation. According to him, homeowners, after its privatization is formalized, have nothing to worry about. Despite the fact that they will be worried about choosing a new apartment and moving, they cannot be evicted to anywhere without compensation according to the law.

In accordance with Article 239 of the Civil Code and Article 32 of the Housing Code of the Russian Federation, it is possible to seize a property only on condition of equal compensation. It is determined by agreement between the parties or by a court decision.

In other words, a person who has received notification that his house will be demolished and privatized apartment will be withdrawn, can count either on a similar apartment, or on its reimbursement in monetary terms. Of course, in the second case, the costs incurred in connection with the eviction will also be taken into account.

In some regions of the country, instead of housing, they immediately offer money, since the queue for housing is not small, and the municipal housing stock does not have the required number of apartments. It is also important to bear in mind that the proposed amount of compensation will be lower than the market price, therefore it is not always possible to purchase a similar housing for this amount. In such situations, you can go to court, again.

After agreement

Preferring monetary compensation, exchange for a new living space, one should expect from the local authorities three options to choose from. It should be real estate mainly in the same residential area where it was before, but it can also be in another, within the same settlement. They have no right to offer an apartment in another city, and even without the consent of a citizen.

Issued upon demolition apartment buildings usually housing with secondary market... When agreeing and signing the contract, it is possible to stipulate the conditions according to which the local administration will issue a new apartment, but the individual will have to pay its cost.

A new apartment is transferred in the form of a sale and purchase transaction, after which an agreement must be signed on the seizure of the old property. The person will be obliged to vacate the old apartment, having received a new one, within the terms specified in the contract. Often one month is given for this. The resettlement responsibility rests entirely with the local administration.

With each owner who is relocated from the house for demolition, it is agreed in which area he will receive housing, how much area, with how many rooms and how long. After a suitable option has been provided, to an individual will issue a warrant to inspect the apartment.

If housing is not privatized

Considering the situation when an apartment in a house for demolition was not privatized, and a person lived in it under a social tenancy agreement, one can count on the issuance of another housing under a social tenancy agreement. Regardless of what was the area of ​​housing in the demolished building, the area of ​​the new one will be calculated at 18 square meters per resident. These social norms are aimed at improving living conditions. However, after amendments were made to the law on privatization, new norms are actively used. According to them, tenants, as well as owners, can count on equal compensation in terms of area and number of rooms. At the same time, there is no guarantee that citizens will stay in the same area where they lived before.

Based on the foregoing, it can be noted that the direct benefits of formalizing privatization are no longer relevant. This means that it is wiser to privatize not the apartment that is located in the building intended for demolition, but the one that will be provided under the social contract in return. In this case, its cost and living conditions will be higher. By privatizing an old apartment, counting on monetary compensation, you can find yourself in an even more disadvantageous position.

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If you are an inhabitant of an old house that has long been subject to demolition, then you are probably looking forward to this event. Such tenants look to the future with hope, counting on a brand new apartment with an area slightly larger than the old one. But are you sure that everything will turn out your way? Let's find out how apartments are given to tenants during the demolition of a house and how to owners.

What is the difference

The main thing to understand is that housing can be either your own or state-owned. That is, it is provided to you in accordance with the so-called social employment contract. In the first case, real estate is your property, belongs to you and only you, no one has the right to come and take away the living space just like that (without good reason). This applies to everyone whose apartment has been privatized.

If the occupied housing has the status of municipal (second option), those who live in it are only registered (registered) in the specified area, but do not have absolutely any property rights in relation to it, even if the family's residence is calculated here. decades. That is, you simply rent your apartment from the state.

If it is necessary to demolish a house, the issue of providing housing instead of the destroyed one is decided on the basis of whether it is municipal or your own.

How apartments are given to tenants during the demolition of a house

When your area rented from the state is recognized as unsuitable for living and is planned for demolition, then the law (article 86 of the RF LC, as well as article 87) guarantees you the provision of other housing (comfortable) on the same conditions - under a (social) lease agreement ... You are obliged to allocate a new "territory" within the same settlement.

The key word in this position is "comfortable". What does it mean? The bottom line is that the level of improvement of the newly provided premises in mandatory should be no lower than the one you have lost. We are talking about the availability of amenities of a communal nature and compliance with those requirements of a sanitary and technical nature, which ensure the process of life without the possibility of harming health. All the standards of such a plan, as well as the procedure for the provision of residential premises under a social tenancy agreement in connection with the demolition of a house, are contained in a couple of basic documents, namely:

1. In the Regulations governing signs of unsuitability of housing for normal use (we are talking about state and public housing stock), which was approved in November 1985 by order number 529 of the Ministry of Housing and Communal Services of the RSFSR.
2. The second document is a provision approved in the Decree of the Government of the Russian Federation No. 47 in January 2006, which establishes the basic principles for recognizing a premises as unfit for living, and an apartment building subject to demolition. Any housing operated on the territory of our country, regardless of the form of ownership, falls under its points.

Subtleties of legislation

If a case related to eviction and moving to an alternative rented dwelling is considered by the court, its duty is to verify the conformity of the provided living space with the degree of improvement that is regulated in the conditions of a particular city or settlement. In Art. 89 of the LC RF (clause number three) provides for a mandatory indication in the court decision of the specific premises allocated to the tenants.

It is obliged in terms of the parameter of the total area to be equivalent to the vacated one, but with regard to the number of rooms, as well as the issue of allocating a separate apartment to people who lived in a communal apartment before that, not everything is so simple. The provisions of the law in this regard must be read especially carefully.

In paragraph number two of Art. 89 of the RF LC says that if the tenant lives with family members before eviction in an apartment or two (and no less) rooms, these people have the legal right to claim an apartment or the same number of rooms. How to understand this? That's how:

1. If the living space is in a separate apartment, no one has the right to cut you in the total footage. That is, the space provided must be no less spacious than the old one. But the law does not say anything about the fact that the number of rooms in the new apartment will be the same.
2. If the tenant who is being evicted previously lived with his family in a communal apartment and occupied, say, two rooms, then he will receive the same pair of rooms in the communal apartment.

How was it before?

Before the changes in the housing legislation in 2005, the RF Housing Code also contained other standards for the provision of housing during the demolition of a house. In particular, it was considered unacceptable to allocate one room to persons of different sexes over the age of 9 years (with the exception of a married couple). In addition, they took into account medical indications, that is, the requirements of individual citizens regarding the state of health. And also a number of other circumstances that deserve special attention.

The new one, as we can all be sure, does not take into account any such provisions. Although the constituent entities of the Russian Federation at the local level are allowed to independently decide how the relevant authorities are given apartments to tenants when the house is demolished, the standards they adopt should be no worse than the conditions prescribed by federal legislation (including the housing complex).

As always, the situation in the capital cannot be compared with the regions. For example, the authorities are trying to solve simultaneously with the problem of communal apartments. Local legislation provides for the possibility of providing each family with a separate apartment upon eviction. In the old days, this provision left the chance to improve living conditions for many families. To improve matters at the expense of the state, citizens in the Soviet Union divorced, divided their personal account and turned a common separate apartment into a communal apartment. According to the law, after a divorce, spouses are considered strangers and upon resettlement, everyone has the right to claim their own housing.

Which article will protect us

Although the 89th article of the Civil Code of the Russian Federation does not spell out the obligations of the state to take into account the interests of individual citizens, there is also article number 58. It concerns taking into account the legitimate needs of the latter. It is there that it is indicated how apartments are given to tenants when a house is demolished, and what to orientate on in a resettlement situation.

Clause 1 states that it is possible to populate a room with different sexes (except for spouses) only with their consent. What does this mean in practice? A family with two children living in a two-bed apartment can qualify for an additional third room when relocating. The fictitious divorce scheme still works as well.

In addition, paragraph two of the same article number 58 states that in the case of a family living in a one-room apartment or a single room in a communal apartment, the new living space may exceed the norm for one person (up to two times). That is, the residents of communal apartments, theoretically, still have a chance to settle in separate apartments, and a family with children huddled in an old one-room apartment can hope for a gift in the form of a new two-room apartment.

There is also information there about taking into account the interests of citizens who have chronic diseases in severe form.

The procedure for providing housing for the demolition of a house to owners

Everything that was mentioned above has not the slightest relation to you in the case when the dwelling belongs to the owner on the basis of property rights. That is, the apartment is privatized, bought, inherited, etc.

Moving from your own real estate is governed by the provisions of article 32 of the RF LC. If people are evicted from rented social housing without asking the consent of those registered there, then a similar procedure in the case of own apartment can only take place with the consent of the owner.

What conditions must be met during the procedure for eviction from such housing? According to clause number one of Article 32 of the ZhK, it is possible to take a dwelling from the owner by buying it out due to the seizure of the land plot occupied by him for the needs of the state and the municipality. Partial redemption of the premises is possible only by mutual agreement. Simply put, if the state needed land plot on which stand residential buildings subject to demolition, it may offer you to sell it your property.

Most owners are worried about a similar situation. About what? Mainly that the amount of monetary compensation offered by the state will be significantly lower than the market price of the lost housing, due to which the evicted citizen will not be able to acquire an equivalent area. And what does the law say about this?

How much money are we obliged to give

The composition of the redemption price of the premises used for housing must include:

1. Its market value.
2. The amount of losses incurred by the owner due to a change in place of residence.
3. Necessary expenses of the relocated person associated with the temporary use of another premises until the acquisition (purchase) of a new apartment. This applies to a situation where the agreement does not indicate that the right to use the seized living space is retained until the acquisition of a new one.
4. The amount of expenses associated with the move.
5. Necessary costs in the search for alternative housing to buy, as well as in the procedure for paperwork and ownership of it.

Thus, according to the law, the ransom should cover all costs associated with this process. If you literally understand the text of the article, the state is obliged to pay you everything, up to the commission to the picker new property agent and expenses for rented apartment, while a new one has not yet been purchased.

Legislative trap

Of course, these costs are by no means small. That is why the legislation provided for a clause according to which it is possible to offer the owner a different one instead of the withdrawn apartment, taking into account the cost of the latter as part of the redemption price. How is this to be understood in practice?

Simply put, by taking your apartment, the state can offer you another one. But in the case of a higher market value the latter will ask you to pay extra. Suppose you are the owner of a one-room Khrushchev (old and not renovated). Of course market price its small and in no way comparable with the cost of a fresh one-piece apartment in a new building. And you are offered a choice: receive compensation, the amount of which is unlikely to be enough to purchase something decent, or pay the difference for a new apartment.

None of these options are suitable for people with modest incomes. They have nothing to pay, and it’s unrealistic to buy anything for the pennies allocated to replace the dilapidated housing. In addition, the Housing Code does not provide for any indication of the equivalence of the housing offered to the owner in terms of footage or number of rooms. We are only talking about the cost of the apartment offered as a replacement.

What you need to know

Of course, the owner's right is to categorically refuse all the proposed options for providing housing during the demolition of the house, as well as from monetary compensation. But in the absence of a final agreement, the state reserves the right to decide the issue in court. Implemented in last years by the metropolitan authorities, the resettlement program has generated many conflicts and difficult situations... And in this case, the following must be remembered:

1. The owner is obliged to notify the owner of the future seizure of the apartment in writing at least one year before the event.
2. It is possible to redeem a residential premise earlier than a year after the owner receives such a notification only with his consent (article 32, paragraph 4 of the LC).

What's the catch? When the year is over and no agreement is reached, the state has the right to buy it out through the courts.

How to make the owner move out according to the law

A careful reading of Article 32 of the JK makes it clear that in all cases we are talking about the demolition of housing objects in connection with the seizure of land for state needs. And what happens in case of an accident at home and the need for demolition or reconstruction? According to the tenth paragraph of the same 32nd article of the ZhK, the act of recognizing the house as such (dilapidated, emergency, requiring demolition) - legal basis presenting the owner of the apartment in it with a requirement to comply with a reasonable time in the implementation of this procedure.

If the owners did not carry out the demolition or reconstruction within the prescribed period, the land plot is allowed to be withdrawn for municipal needs. This means that each of the living quarters of the house can also be seized. It is rather difficult to interpret this provision unambiguously. How will the property be seized if the house is "designated" as emergency or in need of reconstruction?

In this case, there is article number 7 of the LCD. Its first part states: in those situations where the regulation of housing relations by law or by agreement of the participants is absent, as well as the norms of legislation with a specific indication of the procedure for action, an analogy should be applied, that is, those provisions that govern similar situations. If you adhere to this norm, housing rights dilapidated or dilapidated houses are provided in accordance with the provisions of the same 32nd article of the ZhK.

Simply put, regardless of the reason for the demolition of the house, premises are withdrawn from the owners through the purchase or provision of other housing by agreement or through the courts.

How it really happens

In real conditions they decide housing issue in the process of eviction from the demolished house every time in its own way. and St. Petersburg is legally quite clearly regulated. But a number of subjects of the Russian Federation, when solving the issue, are guided only by the provisions of the Housing Code.

In addition, quite a lot depends on the budget of a particular constituent entity of the Russian Federation. In some cities, it is easier for the state to provide residents with alternative housing. In others, the purchase of premises for the authorities is more profitable than the provision of real square meters.

Often, citizens, while awaiting the demolition procedure, try to register on their own living space as much as possible more relatives or file a fictitious divorce with a subsequent demand from the authorities to be much larger than the previous living space. As a rule, both sides are dissatisfied. And it is almost impossible to predict the development of events in each specific situation.

If you strongly disagree with the conditions on which the authorities offer you to buy or exchange your apartment, and you cannot reach a peace agreement, stock up on money for lawyers and go to court.

Filatova Tamara(05/23/2012 at 15:20:46)

Hello Ekaterina! The procedure for providing citizens with another comfortable living quarters in connection with eviction on grounds related to the demolition of the house is established by the Housing Code of the Russian Federation and the LAW OF THE CITY OF MOSCOW No. 21 OF 05/31/2006. In accordance with Art. 89 of the Housing Code of the Russian Federation, provided to citizens in connection with the eviction, another dwelling under a social tenancy agreement must be comfortable in relation to the conditions of the corresponding settlement, equivalent in terms of the total area of ​​the previously occupied dwelling, meet the established requirements and be within the boundaries of this settlement. In the cases provided for, such provided living quarters, with the written consent of citizens, may be located within the boundaries of another settlement of the constituent entity of the Russian Federation, on the territory of which the previously occupied living quarters are located. If the tenant and his family members living with him before the eviction occupied an apartment or at least two rooms, the tenant accordingly has the right to or to premises consisting of the same number of rooms, c. Thus, the authorized body is obliged to provide you with a comfortable apartment of equal area in exchange for your apartment. In accordance with clause 2 and clause 7 of Art. 13 OF THE LAW OF THE CITY OF MOSCOW No. 21 OF 05/31/2006 The size of the living space provided to citizens under contracts of social hiring, rent, gratuitous use must correspond to the size of the living space provided with the help of the city in accordance with the legal acts of the city of Moscow. When providing residential premises to citizens who are not registered with housing and occupying residential premises less than the norm for providing residential premises area established by the law of the city of Moscow, the presence of other residential premises belonging to citizens or members of their families on the right of independent use is taken into account, all civil transactions with residential premises, as well as actions taken over the past five years, including the resettlement of other persons at the place of residence, as a result of which the living conditions of these citizens have worsened. The list of actions that led to the deterioration of housing conditions, and actions that are not a deterioration in housing conditions, is established by the law of the city of Moscow. If citizens or members of their families have other residential premises in respect of which they have the right to use independently, or if they commit transactions or actions as a result of which the living conditions of citizens have deteriorated, they are provided with living quarters equivalent in terms of the total area to those vacated. Exodus from the meaning of this norm, if your apartment has an area for one person living less than the norm (18 sq. M. For Moscow), then you have the right to apply for an apartment of a larger area, and it will be taken into account if the residents of this apartment have others residential premises owned or used. In addition, there are legislative levers, according to which, during demolition, you can get either two apartments instead of one, or an apartment that will be more than what you can count on in terms of the number of rooms. This is possible, for example, if 5 people living in one apartment make up two separate families. To do this, you must submit a special application with evidence of the grounds in the territory. body of the Department of Housing Policy. I will be able to assist in drawing up the necessary application with references to the legislation, as well as advise on procedural issues of obtaining 2 residential premises. instead of one. Best regards F. Tamara