Opportunities / 23.04.2020

What to do when demolishing a room. Getting an apartment when demolishing a house. Interdepartmental Commission and its role

At the state level, there is a program, the implementation of which is associated with the renewal housing stock country. There is no doubt that the replacement of emergency "Khrushchev" or dilapidated old panel houses with new comfortable high-rise buildings is a good deed.

But the tenants naturally have a question: what kind of view will they get in the event of the demolition of the house in which their current apartment is located, and what ways to protect their property rights they can use.

Expert organizations decide on the demolition of the house

The decision to demolish the building is made by a special interdepartmental commission. It is created on the basis of a decision of a federal authority or local self-government. The conclusion on the need to demolish the house is taken after studying all the documents and the technical condition of the building.

For this, expert organizations are also involved. A positive decision on the demolition can only be made if one of two conditions is met:

the technical condition of the house is unsuitable or even unsafe for life;
the territory on which the house is located is planned to be used for state needs or the needs of the administrative-territorial unit in which it was built

Most often, housing that is recognized as dilapidated or emergency is subject to demolition. Such housing is recognized as uninhabitable for a number of reasons, the most common of which are:

natural physical wear and tear, which reduces the reliability of the building itself or its individual structures;
the location of the building in areas of frequent natural disasters (landslides, earthquakes, avalanches) or in regions flooded by flood waters;
deterioration of indicators of external factors affecting the sanitary and epidemiological state and the microclimate in the house (deterioration of atmospheric air quality, increase or radiation above acceptable limits);
damage bearing walls, foundation, floors due to earthquakes, landslides, fires, explosions, etc.;
location of the premises near a potential source of a man-made accident, if it is impossible to prevent a possible adverse impact with the help of engineering solutions

Unlike dilapidated housing, dilapidated housing does not have any specific definition in the legislation. By general rule A building is considered dilapidated if the degree of deformation or wear of its structures reduces the boundaries of the characteristics that allow the operation of housing below acceptable limits.

There is no formula for calculating "dilapidation" and often BTI employees assess the condition of the house, as they say "by eye". Thus, stone, brick or prefabricated buildings with physical deterioration of more than 70%, and wooden houses worn by more than 65% are considered dilapidated.

The final approval of the demolition decision can be made by the local authorities, who, based on the conclusion of the commission, decide on the demolition or reconstruction of the house. If demolition is necessary, they also determine the timing of the occupants' eviction.

Eviction of tenants and demolition of the house cannot occur earlier than 1 year after their notification. In the event that the condition of the house may threaten the lives of residents, the warning rule does not apply.

Rights of owners of privatized apartments

Residents must be notified in advance of the demolition of the house

What to do if the apartment is not privatized?

This question arises for all tenants living in an emergency building under a contract social recruitment. After all, residents who have apartments in private property, there are undeniable advantages over employers:

opportunity to receive free of charge an apartment of the same area and within the same locality;
receiving a new apartment entails the transfer of property rights to it, that is, the new housing will also be privately owned by the person who received it;
admissibility of receiving monetary compensation instead of new housing

Modern houses are being built on the site of old Khrushchev houses

It should be said that before the demolition of the house, you can have time to privatize housing, because recognizing it as emergency is not an obstacle to privatization.

The deadline for free of charge was extended by the government for another year and will end on March 31, 2017, so citizens who have not privatized their apartments should hurry up so as not to finally miss this opportunity.

Art. 86 of the Housing Code of the Russian Federation states that if the house to be demolished is located, the social contract with the tenant is terminated. Such a citizen is provided with a new comfortable dwelling, for which a similar contract is also concluded.

There are several controversial legal side moments. If a citizen living under a social tenancy agreement was registered to improve housing conditions (that is, if the area of \u200b\u200bhis apartment did not meet the norm for providing living space per person), then in the event of relocation, what area of housing should the authorities offer him.

The opinions of officials on this issue differ significantly: some believe that new housing should be selected taking into account the norm of living space per person, others that housing should be provided that matches the size of the previously occupied one, but at the same time the right to be on the apartment register and keep a place in the queue.

This is not the only point of contention in the issue of relocation from emergency housing. Interpretation legislative norms at the same time, it lies entirely on the shoulders of local authorities. If the tenants refuse to move to the new apartments provided to them, this issue will be resolved at the initiative of the local authorities. Only judgment gives the right to forcibly evict tenants to a place designated by the court.

Emergency housing: compensation or relocation? Consulting video:

The demolition of dilapidated housing is carried out in many cities - this is an inevitability dictated by objective reasons. Demolition order apartment buildings is the same for both owners and tenants who have received apartments under a social tenancy agreement.

Instead of an apartment lost as a result of the demolition, citizens are provided with new housing. It is selected on an individual basis, taking into account all the parameters of the previous apartment and the number of residents registered in it. For further clarification, you can contact the city or district council with the official in charge of distribution and provision of housing.

Demolition of the house can only be in cases established in the Housing Code. This:

physical deterioration of the building, threatening the safety of residents (destruction of structural elements, foundation);
location in dangerous areas for living (for example, in an area flooded annually during floods);
destruction of a building due to an accident or natural disaster (hurricane, earthquake), if it cannot be repaired;
premature deformation of walls, roofs, foundations, load-bearing structures(usually buildings have been in operation for at least 125 years);
location in the area of the alleged man-made disaster.

To recognize the building as emergency, special inspections are carried out, the results of which are recorded in acts by various services - construction supervision, sanitation, fire supervision.

Also, the reason for the demolition can be written complaints from residents about the deterioration of living conditions.

Based on the listed documents, a special commission makes a final decision on the demolition.

Dealing with such issues government bodies that control the housing stock - administrations, municipalities or directly the government of the Russian Federation. In a written opinion, the commission must indicate the terms for the resettlement of individuals and legal entities, as well as features of further use of the house.

No one has the right to seize without any reason, even if it is rented. Including the so-called needs of the state. If it is really planned to build a new house on the site of a dilapidated building, lay a pipeline, a road, or build another socially significant facility, the city administration should have construction projects on the basis of which the demolition decision is made.

What will residents get?

Features of obtaining housing during the demolition of a house are reflected in article 89 of the LCD

According to the established norms, residents move to apartments of equal size and located in the same settlement. The price of real estate is not taken into account!

Owners are offered to buy apartments. But since investors seek to save money and deliberately underestimate the price (make it below the market price), many owners refuse such a deal. In these cases, resettlement will also be a way out of the situation. The owner is offered apartments to choose from. A contract of exchange or purchase and sale is necessarily concluded, that is, a new apartment is also provided in the property.

It should be recalled that under the current legislation, it is possible to appeal against the decision to demolish the building within three months from the date of receipt of the notice of eviction (demolition). The notice is sent from the city administration or municipality in writing one year before the proposed demolition. That is, citizens have enough time to go to court.

It is also possible to appeal against the provision of an apartment with a smaller area - this is illegal. Now investors and administrations are trying to give out an apartment with a large footage, which allows residents to benefit (albeit sometimes small).

Eviction is not necessarily carried out with the preservation of the former area of residence. However, in major cities there are decisions of local administrations, according to which the evicted citizens will be settled in the same area. Such a rule, for example, is observed in Moscow.

Expensive repairs carried out in the apartment after receiving the notification are not compensated in any way. But the cost of moving is taken into account when buying out housing by an investor (from the owners).

Timing

Upon receiving a demolition notice, tenants can move out within a year. It is for the year that the corresponding notices are issued. Late issuance is a violation of the law.

This period includes:

collection of information about housing (footage, number of registered people, etc.);
selection of a new apartment (performed by the investor or administration, municipality);
consideration lawsuits, If there are any.

The exception is buildings that threaten the lives of residents. In such cases, eviction can be carried out as soon as possible.

Privatization before demolition

There is no universal advice regarding the privatization of housing in a house to be demolished. It all depends on the specific situation.

When moving out of municipal apartment there is a chance to improve living conditions. According to the law for each registered person an area of 18 sq. meters. Also, residents of different sexes (unmarried, or children over 14 years old) must have separate rooms. If, in fact, two families live (for example, parents with children and grandparents), they can give two separate apartments.

But if the footage is large, and only one person lives in the apartment, it is more profitable to privatize it. In this case, the owner will receive equivalent housing. Also, privatization is convenient in terms of receiving monetary compensation. The owner can refuse resettlement, and in return receive a ransom. In addition, the owners are compensated for the cost of moving.

An unpleasant surprise when evicting from privatized housing may be receiving an apartment on the outskirts of the city. Unfortunately, if there is no decision of the administration on resettlement in the same area, the owner is not insured against eviction to another area.

Do you live in an old house that is long overdue for demolition? And you are looking forward to this moment, because you hope to get a brand new home, and even with a larger area? Are you sure that this is how it will turn out? Let's check...

So, let's start with the fact that housing can be owned or provided under a social contract. If housing is owned, it belongs to the owner, and no one can just pick it up and take it away. In municipal housing provided under a social contract. tenants, residents are only registered (registered), but they have no ownership rights to this housing. Even if your family has been living in this apartment for God knows how many years, you simply rent this housing from the state. Depending on whether the apartment is owned or not, the issue of providing other housing instead of the one to be demolished is being decided.

If housing is in social rent ...

So, if your housing, located in the social. rented, demolished or found unfit for habitation, then according to Articles 86 and 87 of the Housing Code of the Russian Federation, you must be provided with another comfortable living quarters also under a social contract. hiring. In this case, the allocated housing must be located within the same settlement. An important condition here is the word "comfortable". This means that the accommodation provided should not be less comfortable than the one you had before. Well-being is understood as the presence of communal amenities, compliance with sanitary and technical requirements, under which it is possible to live without causing harm to health. Sanitary and technical requirements to the living quarters can be found in the spirit of the documents.

Regulations on the assessment of the unsuitability of residential buildings and residential premises of the state and public housing stock for permanent residence, approved by order of the Ministry of Housing and Communal Services of the RSFSR of November 5, 1985 N 529.
Regulation "On the recognition of premises as residential premises, residential premises unfit for habitation and apartment building emergency and subject to demolition or reconstruction”, approved by Decree of the Government of the Russian Federation of January 28, 2006 N 47.

The second document applies to all in operation in the territory Russian Federation residential premises, regardless of the form of ownership. If the case of eviction and the provision of other residential premises under a social tenancy agreement is considered in court, the court is obliged to check whether the provided premises meet the degree of improvement in relation to the conditions of this settlement. Please note - paragraph 3 of Article 89 of the Housing Code of the Russian Federation provides that the residential premises provided must be indicated in the court decision on eviction. Also, the dwelling must be equivalent in terms of total area previously occupied housing. But with the number of rooms and the allocation of a separate apartment, if before that people lived in a communal apartment, there is a certain catch in the law. First, I will quote the law (clause 2, article 89 of the LC RF): “If the tenant and members of his family living with him occupied an apartment or at least two rooms before eviction, the tenant accordingly has the right to receive an apartment or to receive a dwelling consisting from the same number of rooms communal apartment". So what does it all mean? And this means that:

If you lived in a separate apartment, then you are required to provide a separate apartment of the same total area. But at the same time, the law does not say that the number of rooms in the provided separate apartment must correspond to the number of rooms in the housing from which you were evicted.
If the evicted tenant and members of his family occupied at least two rooms in a communal apartment, then he can get the same two rooms in a communal apartment.

Before the adoption of new housing legislation in 2005, there were additional rules in the Housing Code of the RSFSR. Thus, when tenants were provided with residential premises on similar grounds, it was not allowed to occupy one room by persons of different sexes older than nine years, except for spouses. The state of health of citizens, as well as other “deserving circumstances” were also taken into account. As we can see, in the new Housing Code of the Russian Federation, these circumstances are not taken into account when providing housing in connection with resettlement. However, at the local level, the constituent entities of the Russian Federation can independently determine the norms according to which housing is allocated during resettlement in connection with the demolition of houses. These norms cannot be worse than the conditions specified in federal legislation, which includes the Housing Code. So, for example, in Moscow, in an attempt to get rid of communal apartments, local legislation provides for the allocation of separate housing for each family living in an evicted residential building. This was actively used by citizens wishing to expand their square meters at the expense of the state. The most common scheme from Soviet times, which is still popular: spouses get divorced and make a communal apartment out of an apartment by separating personal accounts. Divorced spouses, by law, are two strangers, two families, respectively, entitled to claim hotel housing. But despite the fact that Article 89 of the Housing Code of the Russian Federation does not oblige the state to take into account the interests of citizens when providing another comfortable living quarters under a social tenancy agreement in connection with eviction, one should not forget about the existence of Article 58 of the Housing Code. The article is called "Taking into account the legitimate interests of citizens in the provision of residential premises under social tenancy agreements." This article essentially designates the conditions that must be taken into account when providing residential premises under social contracts. hiring. It has no restrictions on in what situations it is applied, and in what not. So, it is applicable to any situation where a citizen is provided with housing in the social. hiring P. 1, Art. 58 of the Housing Code of the Russian Federation says that the settlement of one room by persons of different sexes, with the exception of spouses, is allowed only with their consent. This means that having children of different sexes, a family living in two-room apartment, may well qualify for an extra room when relocating. Yes, divorce can work. Also, paragraph 2 of Art. 58 provides that if a family lives in a room in a communal apartment or in a one-room apartment, then living quarters may be provided with a total area exceeding the provision rate per person, but not more than twice. In other words, residents of communal apartments can still hope to be resettled in separate apartments. And families with children, huddled in "Khrushchev's odnushki", have the hope of getting an apartment with a separate room for the child (children) upon relocation. The interests of citizens suffering from severe forms are also taken into account. chronic diseases. For them, the allocation of living quarters in excess of the norms is also provided.

And if you own a home...

If the apartment or other residential premises is in your ownership (bought, privatized, inherited, etc.), then all of the above has nothing to do with you. Eviction from property is regulated by Article 32 of the Housing Code of the Russian Federation. And if from the housing provided by the social. rent, can be evicted without the consent of the citizens registered in it, then the eviction from the residential premises, which is owned, occurs only with the consent of the owner of this residential premises. What are the conditions for eviction from the property? Clause 1 of Article 32 of the Housing Code of the Russian Federation reads: “Residential premises may be withdrawn from the owner by redemption in connection with the withdrawal of the corresponding land plot for state or municipal needs. The redemption of a part of a dwelling is allowed only with the consent of the owner. In other words, if the state needed land under your house, then it has the right to offer you a ransom for your property. Many owners in such situations are most afraid that the amount of the ransom offered by the state will not meet market price, which will not allow the owner to purchase housing equivalent to the withdrawn one. Let's see what the law says about the redemption price. Clause 7 of Article 32 of the Housing Code stipulates that the redemption price of a dwelling should include: 1. the market value of the dwelling; 2. losses incurred by the owner in connection with the change of residence; 3. the owner's expenses for the temporary use of other housing until the acquisition of another premises into ownership (if the agreement does not provide for the preservation of the right to use the withdrawn residential premises until the acquisition of a new one); 4. moving expenses; 5. the cost of finding another residential property to acquire ownership; 6. expenses associated with the registration of ownership of another dwelling. So, the redemption price of your property by law must cover all your expenses associated with a change of residence. Based on the text of the article, when buying your property, the state must also pay all your expenses. Up to the services of real estate agents who are looking for new housing for you, and the cost of renting another home, if you have not yet purchased a new one, but have already been evicted from the old one. All this implies significant costs. And therefore, the law provides for the possibility of providing, by agreement with the owner, in exchange for the withdrawn dwelling, another dwelling, offsetting its value in the redemption price. What does it mean? This means that instead of your apartment, the state can offer you another apartment. But if market price of the proposed apartment will be higher than the market value of the withdrawn housing, you will be offered to pay extra. For example, you have a one-room apartment in Khrushchev. Old, with shabby walls and a cracked ceiling. Naturally, the cost of such an apartment is significantly different from the cost of a one-room apartment in a new building. So, you can be given a choice: either compensation, for which you can’t buy anything decent for yourself, or pay extra for new apartment. In a situation where a person has small incomes, both options are dead ends. And there is nothing to pay extra, and you can’t buy anything with the allocated money for dilapidated housing. And note that nowhere in the Housing Code does it indicate that the housing offered to the owner must be of the same footage or with the same number of rooms. It only says that the cost of the proposed replacement housing can be included in the cost of redemption. Of course, the owner may also refuse the proposed redemption or alternative housing options offered in return. However, without reaching an agreement with the owner, the state has the right to resolve the issue in judicial order. The following points are worth noting here:

The owner must be warned in writing not later than one year in advance that his apartment is being withdrawn.
Before the expiration of a year from the date of receipt by the owner of such a notification, the redemption of a dwelling is allowed only with the consent of the owner (clause 4, article 32 of the LC).

Trick: This means that after a year, if an agreement with the owner is not reached, the redemption can be carried out in court. If you read carefully, you will probably notice that all of the above applies to cases of demolition of the owner's property due to the withdrawal of land under it for the needs of the state. And how are legal relations regulated if the house is recognized as emergency and subject to demolition or reconstruction? P. 10 Art. 32 of the LCD reads: “Recognition of an apartment building as emergency and subject to demolition or reconstruction is the basis for presenting a demand to the owners of premises in the specified building for its demolition or reconstruction within a reasonable time. In the event that these owners did not carry out the demolition or reconstruction of the said house within the prescribed period, the land plot on which the said house is located is subject to withdrawal for municipal needs and, accordingly, each dwelling in the said house is subject to withdrawal ... ". It sounds somehow not very ... It is not at all clear in what order the seizure of property occurs if apartment house recognized as emergency and subject to demolition or reconstruction. In this case, we refer to article 7 of the Housing Code, where part 1 says: “in cases where housing relations are not regulated by housing legislation or by agreement of the participants in such relations, and in the absence of civil or other legislation directly regulating such relations, they , if this does not contradict their essence, the housing legislation governing similar relations (an analogy of the law) is applied. Following this rule, when demolishing a house that is recognized as emergency and subject to demolition or reconstruction, the housing rights of the owners of residential premises are ensured, guided by the provisions of Article 32 of the Housing Code of the Russian Federation. Thus, for whatever reason the house is demolished, the seizure of premises from the owners is carried out only by buying out or providing another dwelling by agreement with the owner or through the court.

Application practice

In practice, the housing issue during demolition and eviction is solved in a variety of ways. And if in Moscow or St. Petersburg the legislation in this area is somehow regulated at the local level, then in some subjects of the Russian Federation the municipality is guided only by the Housing Code. Much depends on the budget of the subject. Somewhere it is easier to allocate housing to citizens in exchange for the one withdrawn for demolition. Somewhere the purchase of housing for the state is more profitable than the provision of another. Often, citizens themselves, while waiting for the demolition of their houses, register in their apartments or houses a large number of relatives or fictitiously divorced, and then demand from the state the allocation of living space much larger than they had in the demolished housing. In any case, dissatisfaction is present on both sides. It is difficult to say how events will develop in a single situation. And if you do not agree with the terms of the redemption or exchange offered by local authorities, and the authorities themselves do not want to meet you, look for a good lawyer and get ready for the courts.

"HOUSING CODE OF THE RUSSIAN FEDERATION" (LC RF)
dated December 29, 2004 N 188-FZ
(adopted by the State Duma of the Federal Assembly of the Russian Federation on December 22, 2004)
(current edition)
Article 32 housing rights the owner of a dwelling in case of withdrawal of a land plot for state or municipal needs
1. Residential premises may be withdrawn from the owner by way of redemption in connection with the withdrawal of the relevant land plot for state or municipal needs. The redemption of a part of a dwelling is allowed only with the consent of the owner. Depending on for whose needs the land plot is withdrawn, the purchase of residential premises is carried out by the Russian Federation, the relevant subject of the Russian Federation or a municipality.
2. The decision to withdraw a dwelling shall be made by the state authority or the local self-government body that has taken the decision to withdraw the relevant land plot for state or municipal needs. The procedure for the preparation and adoption of such a decision is determined by federal law.
3. The decision of a state authority or a local self-government body to withdraw a dwelling is subject to state registration in the body that carries out state registration of rights to real estate and deals with it.
4. The owner of the residential premises, not later than one year before the upcoming withdrawal of this premises, must be notified in writing about decision on the withdrawal of the residential premises belonging to him, on the date of the state registration of such a decision by the body that made the decision on the withdrawal in accordance with paragraph 3 of this article. Redemption of a dwelling before the expiration of a year from the date of receipt by the owner of such notification is allowed only with the consent of the owner.
5. The owner of the residential premises subject to withdrawal, from the moment of state registration of the decision on the withdrawal of this premises until an agreement is reached or a decision is made by the court on the redemption of the residential premises, may own, use and dispose of it at its own discretion and produce necessary costs ensuring the use of the premises in accordance with its purpose. The owner bears the risk of attributing to him, when determining the redemption price of the dwelling, the costs and losses associated with the investments made during the specified period, which significantly increase the cost of the withdrawn dwelling.
6. The redemption price of a dwelling, the terms and other conditions for the redemption are determined by an agreement with the owner of the dwelling. The agreement includes the obligation of the Russian Federation, a subject of the Russian Federation or a municipality to pay the redemption price for the withdrawn residential premises.
7. When determining the redemption price of a dwelling, it shall include the market value of the dwelling, as well as all losses caused to the owner of the dwelling by its withdrawal, including losses that he incurs in connection with a change in the place of residence, temporary use of another dwelling before acquiring ownership other residential premises (if the agreement specified in paragraph 6 of this article does not provide for the preservation of the right to use the withdrawn residential premises until the acquisition of another residential premises into ownership), moving, searching for another residential premises to acquire ownership of it, registration of ownership of another residential area, early termination its obligations to third parties, including lost profits.
8. By agreement with the owner of a dwelling, he may be provided with another dwelling in exchange for the withdrawn dwelling, with its value included in the redemption price.
9. If the owner of the dwelling does not agree with the decision to withdraw the dwelling, or if an agreement has not been reached with him on the redemption price of the dwelling or other conditions for its redemption, the state authority or local self-government body that made such a decision may file a claim with the court for the redemption residential premises. A claim for the redemption of residential premises may be brought within two years from the date of sending the notification specified in paragraph 4 of this article to the owner of the residential premises.
10. Recognition, in accordance with the procedure established by the Government of the Russian Federation, of an apartment building as emergency and subject to demolition or reconstruction is the basis for the body that made the decision to recognize such a house as emergency and subject to demolition or reconstruction to the owners of premises in the specified house of the requirement for its demolition or reconstruction within a reasonable time . In the event that these owners did not carry out the demolition or reconstruction of the said house within the prescribed period, the land plot on which the said house is located is subject to withdrawal for municipal needs and, accordingly, each dwelling in the said house is subject to withdrawal, with the exception of dwellings owned on the right property municipality, in the manner prescribed by parts 1 - 3, 5 - 9 of this article.
(As amended by Federal Law No. 232-FZ of December 18, 2006)
(see text in previous edition)
11. If in relation to the territory on which an apartment building is located, recognized as emergency and subject to demolition or reconstruction, a decision is made to develop the built-up area in accordance with the legislation of the Russian Federation on urban planning, the body that made the decision to recognize such a house as emergency, is obliged to present to the owners of the premises in the specified house a demand for its demolition or reconstruction and set a period of at least six months for filing an application for a permit to build, demolish or reconstruct the specified house. If the owner or owners of an apartment building fails to file an application for a permit for the construction, demolition or reconstruction of such a house, the land plot on which the said house is located, and residential premises in accordance with the procedure established by the legislation of the Russian Federation on urban planning activities, within the prescribed period in the specified house are subject to withdrawal for municipal needs in accordance with part 10 of this article.
(part eleven introduced federal law dated December 18, 2006 N 232-FZ)
12. Withdrawal of a land plot on which an apartment building is located, recognized as emergency and subject to demolition or reconstruction, and residential premises in such a house before the expiration of the period specified in part 11 of this article, is allowed only with the consent of the owner.
(Part twelve was introduced by Federal Law No. 232-FZ of December 18, 2006)

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

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

The rules of Art. 89 LC RF and the relevant laws of the city of Moscow.

So, by virtue of Art. 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 well-maintained 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 within the boundaries of this settlement. If the tenant and members of his family living 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, the release of residential premises (residential buildings) on the basis of decisions of the executive bodies of state power in Moscow are regulated by Law of the City of Moscow N 21 dated May 31, 2006 “On ensuring the housing rights of citizens during the resettlement and release of residential 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 hiring, hiring, gratuitous use, are carried out by providing them with another comfortable residential premises in the housing stock of the city of Moscow, respectively, under a contract of social hiring, hiring, gratuitous use or in cases provided for by law by providing gratuitous subsidies for the acquisition of ownership of residential premises or the construction of residential premises for the purpose of acquiring their ownership.
The size of the area of residential premises provided to citizens under social tenancy agreements, gratuitous use, must correspond to the size of the area of residential premises 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 dated May 31, 2006, when providing housing to citizens specified in Part 1 of this article who are not registered with housing and occupy housing less than the norm for providing housing space established by the law of the city of Moscow, the presence of other residential premises owned by citizens or members of their families on the right of independent use, all civil law transactions with residential premises, as well as actions committed over the past five years, including the move-in of other persons at the place of residence, as a result of which the living conditions of these citizens worsened. The list of actions that led to the deterioration of housing conditions, and actions that are not deterioration of 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 independently use, or if they make transactions or actions that result in deterioration of the living conditions of citizens, they are provided with residential premises equivalent in 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 Residential Premises” to residents of the city of Moscow recognized as in need of better housing conditions, recognized as in need of residential premises and recognized as in need of assistance from the city of Moscow in acquiring residential premises within the framework of city housing programs, residential premises are provided from the housing stock of the city of Moscow, the area of \u200b\u200bwhich is not less than the norm for the provision, with the exception of cases provided for by this Law. The norm for the provision of living space is 18 square meters living space per person.

As can be seen, 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 living in the dwelling before resettlement.

The only possibility for this is provided in Part 2 of Art. 1 Law of the city of Moscow dated 14.06.2006 29 "On Ensuring the Right of Residents of the City of Moscow to Residential Premises", according to which citizens who consider themselves different families live in an apartment occupied by several families on the basis of separate agreements for social hiring, hiring, gratuitous use, concluded with the city of Moscow in in accordance with the established procedure, in relation to separate living quarters in the apartment (rooms) or on the basis of ownership of separate living quarters.

Following this criterion, the procedure for registering citizens in Moscow for the purpose of implementing urban housing programs implements the following principle: "One apartment (room), which is the subject of a social contract of employment - one accounting file." Separation of accounting files 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 Government of Moscow dated 06/21/1994. No. 497, which was not forbidden to register citizens living in the same residential area, united by signs of kinship or property, but having their own sources of income, a separate budget and leading separate households, like different families.

At the same time, it should be borne in mind that the foregoing does not exclude in practice the provision different families when resettling individual apartments, since the ban on this in current legislation does not exist, and the authorized housing authority, if possible, has the right to improve housing conditions for citizens during resettlement.

Lawyer Panasyuk V.I.

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What to do when demolishing a room. Getting an apartment when demolishing a house. Interdepartmental Commission and its role