Resettlement of citizens from the housing stock. Relocation from a five-story, dilapidated, emergency housing. ○ Stages of resettlement
Emergency and dilapidated housing is a problem in many cities in Russia. Since repairs in such houses have not been carried out for decades, they not only spoil the appearance of cities, but also pose a threat to the lives of residents. In this regard, for the period from 2002 to 2010. a targeted federal program"Housing", within the framework of which the local authorities had to ensure the resettlement of citizens from houses recognized as dilapidated and dilapidated. But since not all regions of the Russian Federation coped with this task, the program was extended until the end of 2017.
Since 2019, a new program "Housing" has been developed and will be launched
Russian President V.V.Putin instructed the government, together with the regions, to develop new mechanisms for resettling the emergency housing stock and launch them from January 1, 2019. The head of state also demanded that officials improve the quality of public services and expand their participation in conducting an independent assessment of the quality of social services of the ONF, “socially oriented NGOs” and public chambers.
What is the "Housing" program
In 2010, the President of Russia signed the federal law regulating the process of resettlement of people from emergency housing. It was planned that by the end of this program, citizens living in emergency housing would be relocated to modern and safe houses with favorable living conditions. But as it turned out, in 2016, the program of demolition and resettlement of dilapidated housing was not implemented by all regions of the Russian Federation. In this regard, the government postponed the deadline for resettlement of citizens from critically obsolete facilities to September 31, 2017.
According to the terms of the program "Modernization of municipal infrastructure facilities", funding for resettlement comes from. At the same time, the authorities of the subjects must approve individual resettlement programs for a period of three years. Since in 2007 resettlement and overhaul the housing stock is supervised by the Housing and Utilities Fund, it is this structure that creates regional commissions that determine the condition of houses.
What kind of housing is considered unsafe?
Action state program relocation applies only to houses that are officially recognized as emergency, that is, unsuitable for life. A dwelling is considered dilapidated if the building is depreciated by at least 70%. Establishment of the degree of depreciation of housing is carried out by specially created interdepartmental commissions (paragraph 4 of article 15 of the RF LC). According to clause 7 of the same article, if the commission recognized the object as unfit for habitation or in emergency, then this object will be demolished or reconstructed.
The interdepartmental commission checks only those houses that are included in the individual program regional development... However, a commission check can also be created in the presence of numerous written requests from residents of the house. During the inspection, the commission draws up an act and makes a decision on the condition of the object. For work, the commission's specialists will need floor plans, statements of residents, technical data sheets and copies of documents confirming ownership.
In what cases is housing considered unsafe?
A residential facility is recognized as an emergency (unsuitable for life) if the following factors are present:
- deformation of the foundation or walls;
- the object is located in the area of flooding or avalanches;
- there is a possibility of a house collapse;
- the load-bearing capacity of the housing has been reduced due to fires, explosions or earthquakes;
- the building was destroyed as a result of a man-made accident.
Resettlement is provided only for residents of the emergency housing fund, because, living in such facilities, they risk their lives and health. But resettlement is not designed for citizens living in houses that are considered dilapidated. However, with a significant degree of deterioration, the object can receive the status of a dilapidated housing, which means that the house will soon be demolished.
Read also: Necessary documents for registration of emergency housing, demolition terms and procedure for obtaining an apartment.
How to become a participant of the "dilapidated housing" program?
If residents suspect that the technical condition of their house is unsuitable for living, they should contact their local government. When citizens apply, representatives of regional authorities are obliged to send residents to a specialized organization to determine the condition of buildings. Having received the opinion of specialists, residents should contact interdepartmental commission, which will conduct an examination.
To apply, you will need to provide the following set of documents:
- living space plan;
- copies of title documents (notarized);
- technical passport of the object;
- the conclusion of the organization on the state of the object;
- written complaints from residents of the building.
After verification, the commission is obliged to make a decision within 30 days. But if there is a danger to the health or life of residents, the conclusion of the commission is made within 1 working day. In the event that the commission did not recognize the facility as emergency, but the residents do not agree with this decision, they can go to court to attract independent experts.
Read also: Renovation of five-story buildings of unbearable series in Moscow in 2019: fresh information
Conditions for obtaining new housing under the resettlement program
If the condition of the house is recognized as emergency, local governments are obliged to relocate residents as soon as possible. In this case, in the process of resettlement, the following conditions must be observed:
1. Owners (tenants) of emergency housing receive a dwelling of equal size. New housing should be comfortable and equipped with a stove, plumbing, heating, sewerage, running water, and electricity.
2. Residents are provided with three options for resettlement, but the individual wishes of citizens are not taken into account.
3. Residents living in an emergency facility under a lease agreement receive new housing under the same conditions.
4. The footage of new housing is calculated based on the current norms for housing that is provided on social rent. For example, a family of two will receive a one-room apartment with an area of 44-50 sq. meters. A family of three will receive an apartment of 62-74 sq. meters. According to the norms, at least 18 square meters are allocated for each registered person. meters.
5. If the resident of the emergency building was also in the queue for improvement housing conditions, then upon resettlement, he will receive an apartment, taking into account the missing meters. In special cases (for example, the local housing stock lacks apartments of the required size) an additional apartment is allocated.
6. During resettlement, citizens cannot settle in communal apartments.
7. New housing should be located in the same administrative region as the emergency facility. But with the consent of the tenants, they can be relocated to other areas.
8. Resettlement is carried out only with a written application from the owner.
9. Resettlement of all tenants is carried out within a year from the date of recognition of the house as emergency.
10. A detailed agreement is drawn up between the owner of the future apartment and the owner of the house. As a rule, the municipality owns the house.
11. If instead of new apartment the owner wishes to receive monetary compensation, he can write a corresponding statement. However, the request is at the discretion of the municipality. In addition, the calculation of the compensation cost is not beneficial to the owner of the demolished housing.
12. Relocation costs are borne by local authorities. However, freight transport is provided only once.
13. From the moment a house is recognized as emergency, the owners of the demolished housing do not have the right to change or sell the apartment. When such a transaction is made, it will be declared illegal.
14. After the conclusion of the contract between the owner of the dilapidated housing and the owner of the house, the move must take place within one month.
15. If the owner of the dilapidated housing lived in an apartment whose footage is significantly lower than the established norm, upon relocation he will receive an apartment with a standard footage, that is, the size of the new property will increase.
16. Inhabitants communal apartments upon relocation they receive separate apartments.
If the residents of the house do not agree with the decision of the interdepartmental commission, they will have to go to court. At the same time, as evidence that the commission made mistakes or violated the procedure for adopting an opinion, residents will need to supplement their claim with a written opinion of an independent technical expertise.
The resettlement of citizens from multi-apartment emergency buildings is carried out in accordance with the procedure established municipal authorities authorities.
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The actions involve an examination of the technical condition of the property for suitability for use as a residential property.
The act of the special commission contains the signature of the official and in fact remains the basis on which the house can be included in the resettlement program from dilapidated housing, approved by the municipalities.
Recognition of a house as emergency does not mean that citizens will be instantly relocated to other comfortable housing. This can take several years.
Often, the resettlement procedure begins only after a court decision.
Law
The possibility of resettlement from emergency housing is established by the RF ZhK -,. Regional targeted programs are created on the basis of which the requirements for the formation of priorities and other administrative procedures are spelled out.
The procedure for the technical inspection of houses is set out in.
The normative act establishes the rules for recognizing housing as unfit for habitation, as well as the conditions for recognizing an apartment building as emergency or subject to demolition (reconstruction).
What objects are subject to resettlement?
Accommodation is subject to apartment buildings recognized in the manner prescribed by law as emergency and not suitable for permanent residence.
Owners of dilapidated private houses that are in municipal ownership have the right to receive new housing.
Owners have the right to new housing by way of resettlement privatized apartments, if:
- they live in a municipal emergency home;
- when a private privatized house is located on a land plot owned by the municipality.
Who can count?
Owners of municipal apartments under a social tenancy agreement or their successors, that is, persons with whom the agreement was concluded after the main owner left the apartment, can count on resettlement from dilapidated housing.
Owners of privatized housing have the right to resettlement, incl. from owners of rooms in dormitories and communal apartments.
Resettlement from hazardous housing
Local authorities should provide for specific dates for the resettlement of each such house.
The law does not prohibit postponing these terms, which is sometimes abused by some unscrupulous officials.
The long period of relocation can be justified not only by bureaucratic red tape, but also by the need to find equivalent apartments in the primary and secondary market housing.
Such real estate is acquired by municipalities through tenders and auctions.
Citizens
Citizens - owners of municipal apartments have the right to relocation by concluding a new social tenancy agreement.
The provided housing must be equipped with all the necessary communications and located in the same settlement.
The level of modernization of newly acquired apartments depends on the general infrastructure of the area. By agreement with the municipality, new housing may be provided in another locality.
Owners
Relocation of citizens from dilapidated housing is permissible at the initiative of the owners apartment buildings.
To do this, you need to apply to the municipality administration with an application for recognizing the house as emergency.
The following documents must be attached to it:
- registration certificate for housing;
- documents of title;
- home inspection certificates by owners for the last 3 years and a list of work performed;
- the conclusion of the bodies of sanitary-epidemiological and fire-prevention supervision;
- statements of citizens about the unsatisfactory technical condition of the house;
- the conclusion of the expert commission.
The application is considered by the specialized commission - within 30 days from the date of application. If necessary, a re-examination of the house can be carried out.
From the housing stock
Resettlement is carried out at the expense of the resources of the municipal housing stock- in accordance with the approved target program.
It is possible to purchase housing under construction, if the degree of completion is at least 70%. In each region, this figure may differ insignificantly.
Forced
The results of resettlement often do not suit citizens in terms of housing conditions and the area of apartments presented. The owners may disagree with the size of the redemption price. In such situations, municipalities go to court.
A lawsuit can be initiated by residents if the house is recognized as emergency, but the authorities are in no hurry to resettle residents, coming up with new bureaucratic obstacles.
The court decision contains specific terms for resettlement and requirements for the provided living quarters.
The document may also indicate the demolition date apartment building- if it poses a danger due to its wear and tear.
Program
The list of requirements for its content is specified in Article 16 of the Federal Law "On the Fund for Assistance to the Reform of Housing and Communal Services" No. 185.
The program should:
- provide for a specific time frame for implementation;
- indicate the validity of the costs of budgetary and extra-budgetary funds for the resettlement of citizens to other comfortable apartments.
rules
Each regional program should compile a list of houses recognized as hazardous before 01.01.2012.
Houses are subject to relocation in order of priority or on the basis of the entry into force of a court decision.
As soon as possible, MKDs should be resettled, in which it is impossible for citizens to live - if there is a real threat of collapse.
Simultaneous resettlement of several apartment buildings (for which different demolition dates are set) is possible if they are located within the same planning structure.
Conditions
The program indicates the amount of funding provided from regional, local budgets.
State registration of apartments that are transferred to citizens by way of resettlement must be made no later than 5 days from the date of contacting the territorial bodies of Rosreestr.
Priority
The sequence of houses to be relocated is determined by the local government.
Out of turn, houses can be settled in which permanent residence poses a danger to the life and health of citizens.
Order
Housing is provided on the basis of a decision of the executive authorities.
It also contains:
- terms of resettlement;
- the terms of payment to the citizen of compensation for the move.
Provision of housing for social rent
In 2018, citizens have the right to receive an apartment of a similar square footage and livability by way of resettlement, without registration of ownership. The social employment contract is concluded on predetermined conditions.
In addition to the owner, the document indicates all persons who are permanently registered on the living space or will live there in the status of temporary residents.
Providing an equivalent living space
Relocation of citizens is possible if they are provided with an apartment of the same degree of arrangement with utilities and other benefits.
By written agreement, accommodation can be provided in another settlement in the same region.
Payment of the redemption price
Instead of a lost apartment, a citizen has the right to a redemption price, which is calculated based on market value square meter housing.
The amount of compensation can become the subject of legal dispute, since in practice there are often cases when local authorities try to lower the price, referring to dubious expert data on real estate appraisal.
Notification
The notification contains information on the need to prepare for the move within a specific time frame and to arrive at the residence at a new address.
The document indicates information about:
- new apartment;
- the procedure and condition of registration of property rights to it.
Violations
On the part of municipalities, violations are possible when:
- the redemption price for an apartment has been unreasonably lowered;
- instead of isolated housing, rooms are provided in a communal apartment;
- housing is provided with a smaller area.
The law obliges to provide the migrant with an apartment equal in size to the previous one. But in regulations it is not specified that the apartment should be equal in terms of living area.
Cases are common when housing is provided with a large pantry or loggia, but small living rooms, bedrooms, which in fact is a violation of housing standards.
The documents
The basis for resettlement will be the decision of the municipality, new title and technical documentation for the apartment.
Documents can be issued upon registration at a new place of residence or even before relocation.
Resolution
The administrative document contains information about apartment building, a name-by-name indication of the tenants who have the right to a new apartment.
The decree states:
- terms of resettlement;
- organizational and administrative measures are indicated;
- persons responsible for their implementation.
The document is signed by officials - the head of the municipality and technical specialists.
Contract
The transaction is presented in the form of an agreement on the amount of the purchase price or on the consent to take over the new apartment.
The social employment contract is concluded in accordance with the requirements of the Civil and Housing Codes.
Timing
The exact dates of resettlement should be indicated in decrees, written agreements and other local acts.
Procrastination can be terminated by court proceedings and, less often, by administrative action from higher authorities - heads of regions, housing inspections, etc.
For resettlement, living space norms that rely on one person are used.
How is the resettlement of citizens from emergency housing carried out in 2019? For the possibility of relocation, you need to know about some of the nuances.
What you need to know
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For the possibility of resettlement from emergency apartment buildings in the shortest possible time, it is necessary to know the legislation of the Russian Federation on this issue.
This will avoid many formal bureaucratic procedures.
Basic concepts
Under the definition "emergency state of a building", on the basis, it means the current state of the building, in which more than 50% of the living space of the main structure is a threat to the lives of citizens.
At the same time, under the definition of "emergency state of the supporting structure" by the indicated tower, the act implies the current state of the structures of the building.
A separately taken structure, which is in the condition indicated above, can be considered pre-emergency if it affects other buildings / structures and cannot entail the current living conditions
.Based on this, we can say with confidence that emergency residential buildings include certain deformations and damage, which entails a danger to the health of citizens during their stay due to high probability collapses.
Advantages and disadvantages
The main advantages of resettlement from hazardous housing are considered to be:
- the possibility of obtaining residential real estate with a significant better conditions residence;
- there is an opportunity to sell such property to the state at the average market price;
- there is a possibility of privatization of municipal apartments.
At the same time, if citizens have decided to privatize municipal apartment(owned under a contract of employment) before receiving an accident status, it will be unprofitable.
This is largely due to the fact that if a citizen is in line to improve conditions, then according to the law he is entitled to at least 18 sq. m., and when you change the status (for example, if you used software), he is forced to pay all taxes.
Additionally, you will need to pay for utilities in full.
Legal framework
Almost all issues are regulated by
The law clearly provides for a specific mechanism for the provision of monetary assistance in order to:
- overhaul;
- possible relocation of citizens and housing, which is considered emergency.
Subsequently, the Government of the Russian Federation adopted several more legislative acts that complement the main one.
In particular:
- Residential Properties, which is considered dangerous for living citizens, is considered emergency. V mandatory it should be subject to demolition or reconstruction (if repair is possible). Entries to the list of emergency structures are carried out on the basis of;
- citizens who are registered in emergency real estate must be relocated to another apartment without fail. The possibility of providing temporary housing (on the basis of) is allowed.
These legal regulations allow all citizens to know about their rights and to use them in order to protect their interests in resolving this issue.
The procedure for resettlement of citizens from dilapidated and emergency housing stock
The algorithm for resettlement of citizens from emergency houses is as follows:
- Conducting an independent examination.
- Broadcast the required list documentation to a special commission.
- Notifying applicants of the verdict.
- Inclusion of the building in the list of emergency buildings.
- Resettlement of citizens.
Let's consider the questions of interest in more detail.
Where to go
Citizens who believe that they live in an emergency or dilapidated building must, without fail, apply to a special interdepartmental commission located at the local administration.
Together with the application, you must provide:
- an act that is able to confirm the legal ownership of residential property. They can be a document of ownership;
- residential real estate plan (meaning the project);
- drawn up documentary opinion of an independent examination.
In addition, it is possible to apply various complaints that were formed by neighbors.
The commission considers the submitted documentation within 1 calendar month, and then makes the appropriate decisions.
Upon completion of the deadline, the commission notifies the applicants of its decision:
- within 5 days (standard period);
- upon detecting a high level of threat to the life and health of residents - within 1 calendar day.
If you do not agree to relocate to another property, it is recommended to contact Judicial authority and wait for a court decision.
When housing belongs to this category
Unsuitable for life include those buildings that:
- officially recognized as emergency;
- are located within the sanitary-protective, explosive or fire hazardous areas of industrial companies, and in another territory in which special conditions prohibiting the construction of residential buildings;
- are located in the danger zone of a dump of coal, shale mines or processing plants;
- are located on the territory of landslides and other avalanches;
- located in an area that is subject to regular heating;
located in the territory that is recognized at the state level as environmentally hazardous; - do not provide for the possibility of providing various utilities.
At the same time, an emergency condition may occur due to:
- deformation, various damage, a decrease in the level of strength and bearing capacity one or more load-bearing structures(for example, foundation, walls, etc.);
- deformation of the main building;
- receiving destruction during earthquakes, subsidence of various levels and other natural disasters;
- any accidents, fires, and so on, provided that it is impossible to carry out capital or restoration repairs on economic grounds.
All these factors make it possible to speak about the possibility of recognizing this or that housing as hazardous.
On the basis of which law
Residential property can be recognized as hazardous under conditions that are specified in the approved one.
It should be noted that the resettlement of citizens from the emergency housing stock in Moscow is carried out on the same basis..
What program exists
At the state level, the Housing program was introduced back in 2006. For 2013 - 2016, it was extended by the Government of the Russian Federation.
According to the established rules, each region of the country undertakes to develop and periodically update programs at local levels.
Due to the different state of the housing stock in state entities and financial condition regional budgets, the level of content differs among themselves.
On the basis of each program, a special register of dilapidated and emergency buildings was formed.
If, in the process of carrying out a technical examination, the next building receives a similar status and is subject to further demolition, then it will be added to the existing queue.
The period of resettlement is influenced by:
Each region has the full right to independently determine the periods of resettlement and display them in the program.
Every resident of an emergency building is obliged to receive a notification about the period of resettlement and demolition of their house.
The resettlement procedure itself is carried out in strict accordance with.
The legislative act clearly describes the procedure for providing residential real estate to owners of privatized apartments, as well as tenants of municipal or state real estate.
In relation to the owners, one of several mechanisms can be applied, namely:
In the first situation, residential real estate should not be smaller than the previous one and at the same time be in the same area where the emergency structure is located
.In the event that the provided living space does not meet the owner's forecasts, then he has every right to agree to receive the redemption cost, which is formed taking into account the average market price of this kind of real estate, as well as the owner's share in the structure of common ownership.
The provision of other residential real estate of the tenant takes place, taking into account the above conditions, as for the owners. Many people ask the question - is it possible to refuse to move?
You can refuse to move further in such situations as:
- if the owner or the tenant of real estate is provided with other real estate, recognized as uncomfortable, of a smaller area or does not meet other requirements specified in the Housing Code of the Russian Federation;
- if the owner is offered a substantially reduced redemption price as an alternative.
Relocation of citizens is regulated by:
Housing Code Russian Federation,
I. The basis for the release of residential buildings is a legal act of the Moscow Government, adopted in connection with:
- overhaul or reconstruction of a residential building, if such overhaul or reconstruction cannot be carried out without vacating residential premises and resettling citizens;
- the transfer of a residential building, recognized in the established manner as unsuitable for living, into a non-residential fund;
- recognition, in accordance with the established procedure, of a residential building as unfit for habitation (emergency) and subject to demolition;
- taking or using part or all land plot for state (city) or municipal needs in cases stipulated by federal legislation and the legislation of the city of Moscow, in connection with the need for new construction, development of territories in accordance with the General Plan of the city of Moscow, development plans for districts and districts of the city of Moscow, implementation of city programs requiring demolition of residential buildings.
II. Owners vacating residential premises ( residential buildings), at their choice, in cash or in kind, an equivalent compensation (compensation) or redemption price is provided.
The amount of compensation (compensation) or redemption price is determined by agreement of the parties on the basis of an independent assessment.
The amount of monetary compensation (compensation) to the owner must correspond to the size of the market value of the vacated dwelling.
When determining the redemption price of a dwelling (dwelling house) seized from the owner in connection with the seizure of a land plot, it shall include the size of the market value of the vacated dwelling space (dwelling house), as well as all losses caused to the owner in connection with its seizure.
With the consent of the owner, an exchange agreement may be concluded with him, in accordance with which the owner is provided with another comfortable living space, equivalent vacated living quarters.
In this case, an equivalent dwelling is a dwelling, the area of which is not less than the area of the vacated dwelling, and the number of rooms corresponds to the number of rooms in the vacated dwelling. There is no surcharge for the difference in the values of the exchanged dwellings.
The owner, as well as members of his family who vacate living quarters and are registered with housing, with their consent, are improved housing conditions in the order of priority. When making this decision the date of their recognition as needing improvement of living conditions or in residential premises is taken into account.
III. The resettlement of citizens and the release of residential premises occupied by them under contracts of social tenancy, lease, gratuitous use shall be carried out by providing them with another comfortable living space in the housing stock of the city of Moscow, respectively, under an agreement of social tenancy, lease, gratuitous use.
According to Article 89 of the Housing Code of the Russian Federation, other residential premises provided to citizens in connection with eviction under a social tenancy agreement must be comfortable in relation to the conditions of the corresponding settlement, equivalent on total area previously occupied living quarters, meet the established requirements and be within the boundaries of this settlement.
Citizens who vacate dwellings occupied by them under contracts of social tenancy, lease or free use, and are registered with housing, with their consent, are improved housing conditions in the order of priority. When making this decision, the date of their recognition as needing improvement in living conditions or in residential premises is taken into account.
IV. According to the decree of the Moscow Government dated 03.06.2011. N243-PP "On the program for providing residents of the city of Moscow with residential premises for 2011" in 2011, residential premises are provided to citizens who are registered with housing and do not have housing benefits ("common grounds"), recognized before January 1, 1990. in need of better housing conditions.