What are dilapidated and emergency housing, the differences. Demolition of housing and the rights of citizens to resettle and pay the cost. How to resettle a dilapidated house: instructions for use Plan for relocating dilapidated housing for a year

After the house is recognized as unsafe, the owners must begin the main strenuous activities to obtain new housing, but many do not fully understand what to do and where to go if the house is recognized as unsafe. In fact, everything is not as complicated as it seems at first glance.

An emergency building is an apartment building that is more than 75% worn out and in which it is dangerous to live. The category of emergency housing also includes:

• buildings whose foundations have deformed;
• buildings that do not have a centralized heating and water distribution system, that is, houses that do not have water supply and plumbing in their apartments and that heat the premises from the stove;
• a building or part thereof that does not have windows;
• contaminated premises.

Official recognition of the house as unsafe

In accordance with the legislative norms and acts of Russia, a house can be recognized as unsafe and subject to resettlement only after it has been officially recognized as dangerous to the life and health of residents.

Multi-apartment residential buildings are officially recognized as uninhabitable and are sent for demolition if the following conditions are met:

• dilapidated buildings in which the frame structure may spontaneously collapse;
• buildings located on or near landfills;
• buildings located in hazardous areas;
• buildings located in the power transmission line zone;
• destroyed completely or partially;
• buildings with excessive noise levels, for example, houses with windows facing the highway;
• buildings above which the garbage chute is located.

These categories of houses are officially recognized as unsuitable for habitation, and a state act is drawn up about this. After drawing up the act, the owners or social tenants of the premises can begin the procedure aimed at obtaining comfortable living space.

Start

What should be done if the house is considered unsafe? After receiving the official resolution, the owner must apply to government agencies for an examination, which is carried out by an interdepartmental commission. It is the decision of this commission that will have the last word, which will determine the possibility of resettlement or the house will be recognized as dilapidated, but with the possibility of reconstruction.

The commission does not visit the house; its responsibilities include:

• checking documents and acts recognizing the house as unsafe;
• establishing the completeness of the documents provided;
• identification of specialists who will conduct a study of the structure;
• evaluation of research results;
• decision-making.

In order for the commission to work as quickly as possible, the owner needs to collect the entire package of documents in advance:

• certified copies of the certificate of ownership;
• conclusion on recognition of the building as dilapidated or unsafe;
• conclusion about the dilapidation of load-bearing structures. This conclusion can be obtained from design organizations;
• description of the house and photographs of its condition.

After the commission makes a positive decision on resettlement, the main part begins, aimed at obtaining new living space.

Resettlement of social rent

Depending on the specific reasons for which a person lives in an apartment, the resettlement depends.

In cases where the resident is a social tenant, that is, his apartment is owned by the state and he does not have title documents for it, the process of moving out of dilapidated housing is much simpler than for the owners.

After the state commission has officially declared the house unfit for living, social tenants are offered a certain resettlement option.

New housing under a rental agreement. In this case, the state must offer the person a living space that will have the same area as the emergency one. In addition, it must be well-equipped, that is, regardless of the presence of communications in the old house, the new one must have water, plumbing and central heating. Another important condition is that the new apartment must be located in the same city as the old one;

Important: if tenants were on the waiting list to improve their living conditions, when moving from a dilapidated house, the queue remains behind them, regardless of what living conditions they will be moved to.

The main condition for social employers is that they cannot refuse the option offered by the state. In case of refusal, if the house is subject to demolition, the tenants will find themselves on the street, since state hiring does not imply a choice of several premises.

Resettlement of owners

For owners, the question of what to do if the house is declared unsafe is very pressing. This type of citizen cannot obtain social housing even temporarily, so they have to immediately prepare for resettlement on a permanent basis.

Most often, houses subject to demolition are resettled only after a buyer has found the land on which they stand, who, along with the purchase of the land, takes responsibility for resettlement.

The owner in this case, the new owner of the land, can make several proposals:

• monetary compensation equal to the cost of the apartment. With this option, the owner, upon receiving the money, is deprived of ownership rights and must independently find a new home;
• new apartment. In accordance with Russian laws, the new owner of the land cannot offer an apartment with smaller square meters, but with larger ones he can. Most territory buyers, in order not to delay the eviction process, offer owners apartments with large square meters in new buildings.

If the owner is not satisfied with any of the options proposed by the investor, the investor has the right to go to court. The court process will establish the procedure for evicting the owner or leaving him in the housing.

There are situations when, because of one owner who is not satisfied with the proposed conditions, all owners of apartments in the building may be left without compensation and new housing. Long persuasion that leads nowhere may make the investor want to give up the land plot.

If the land was bought out from under several houses, then the new owner can abandon the problematic building, resettle the neighboring buildings, build high-rise buildings in their place, and the residents of the problematic building will remain living in unsuitable conditions.

The second way to resettle owners is to purchase their apartments from the state. In this case, the price per square meter is lower and cannot be disputed.

In addition to purchasing space, the state can offer apartment owners housing in social buildings with similar square meters. If the owner refuses, the dispute is resolved through court.

In any case, it is worth remembering that recognizing a house as unsafe does not mean quick and successful resettlement.

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

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

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

How the program for relocation from dilapidated and dilapidated housing works - changes in the dilapidated housing program 2015

Since 2010, the problem of dilapidated housing stock has been personally taken under control by the President of the Russian Federation. In 2010, the federal law on resettlement was signed. However, as of 2015, not all regions have coped with individual programs for the demolition and resettlement of emergency housing. A new deadline for completing the resettlement of critically outdated facilities has been set – September 31, 2017. The main burden of financing the program “Modernization of utility infrastructure facilities” is on the federal budget. Each region is required to approve individual three-year resettlement programs. Since 2007, major repairs of housing stock and resettlement have been supervised by the Housing and Communal Services Fund. Regional commissions compile lists of houses that are actually subject to major repairs or resettlement.

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

Relocation from outdated housing can only be done if the premises are considered unsafe. If the building is worn out by at least 70%, the housing will be considered dilapidated. Based on clause 4 of Article 15 of the Housing Code of the Russian Federation, the interdepartmental commission declares the premises unsuitable for habitation. According to the same article, paragraph 7, it determines the procedure for recognizing housing as unsuitable or unsafe, and therefore subject to demolition or reconstruction.

The creation of a commission inspection can be influenced by numerous written requests from residents of the house. After inspecting the premises by a specialized organization, the commission must draw up a report and make its decision. To work, you will need floor plans, technical certificates, statements of claims, as well as copies of documents confirming ownership.

When housing is considered unsafe:

1. If the building has deformations of the foundation and walls.
2. There is a danger of collapse.
3. If the living space is located in flood or avalanche zones.
4. When a building is destroyed due to man-made accidents.
5. When the load-bearing capacity of housing decreases due to explosions, earthquakes and fires.

Let us note that only residents of emergency housing stock, that is, those citizens who put their lives and health at risk, should be eligible for resettlement. People living in dilapidated housing are in the worst condition. They are not allowed to resettle. But if their housing receives the status of dilapidated housing for demolition, they will have a chance.

Where to apply for the dilapidated housing program - list of required documents

The first thing to do is to contact local authorities or a specialized organization to determine the technical condition of the building. Next, based on the conclusion of specialists, you should submit an application to the interdepartmental commission, which will make a decision on the situation.

Documents to be provided:

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

The commission must make a decision within 30 days. If there is a danger to health, the commission’s conclusion must be sent to residents within 1 working day. If residents do not agree with the commission’s refusal to recognize their house as unsafe, the decision is appealed in court with the involvement of independent experts.

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

If the commission has made a decision to recognize the house as unsafe, relocation must occur as soon as possible.

Let us note important points regarding the resettlement program:

1. In return for demolished housing, owners receive equivalent, comfortable housing without losing square footage. Also, those who rent premises can count on living space. The new premises must have electricity, water supply, sewerage, heating, plumbing, and a stove. Minimal repairs are also provided.
2. Residents are required to be provided with three options for relocation, but there is no provision for taking into account the individual wishes of residents.
3. If residents lived in emergency housing under a rental agreement, new housing is provided under the same conditions. The quadrature is calculated according to currentstandards for housing provided on social rent. For a family of two people they will offer a one-room apartment with an area of ​​44-50 square meters, three people will live on 62-74 square meters. At least 18 square meters must be allocated for each registered person.
4. If the residents of a dilapidated building were at the same time first in line to improve their living conditions, then upon resettlement they should receive an apartment taking into account the missing square footage. In some cases, an additional apartment is allocated. During resettlement, it is prohibited to move people into communal apartments.
5. New housing during resettlement must be located within the same administrative district as the old housing. In some cases, with the consent of citizens, they can be relocated to another area of ​​the city.
6. Relocation is carried out only after submitting a personal written application from the owner.
7. Resettlement must be carried out no later than 1 year from the date of the decision to demolish the house.
8. The owner of the future apartment must enter into a detailed exchange agreement with the owner of the house, usually the municipality. Sometimes owners are interested in receiving monetary compensation, they can write such a statement, but such a request is extremely rarely satisfied, in addition, the calculation of the cost is not beneficial to the owner of the demolished housing.
9. Relocation costs should be borne not by the migrants, but by local authorities. In fact, freight transport can only be provided once.
10. Apartment owners do not have the right to change or sell their home as soon as they have received notification of the demolition of the house and the resettlement of residents. Such a transaction would be illegal.
11. After concluding the exchange agreement, the move should take place within a period of no more than a month.
12. The square footage during resettlement will increase only if it was significantly below the norm, for example 15 -20 meters; now there are no apartments with such square footage, but if the square footage was standard, then you can only win as housing.
13. Residents of communal apartments can improve their living conditions; they will receive separate apartments; there are no communal apartments now.
14. If residents do not agree with the designation of a house for demolition or, on the contrary, seek recognition of the housing as unsafe, in order to challenge the decision of the interdepartmental commission, they will have to go to court. For a strong argument, it is necessary to prove to the court that when making a decision, the commission made mistakes and violated the procedure for making a conclusion. To do this, in addition to a well-drafted claim, written opinions from an independent technical expert will be required, confirming the opinion of the residents.

Emergency and dilapidated housing is a problem in many Russian cities. Since renovations have not been carried out in such houses 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” was developed, within the framework of which local authorities were supposed to ensure the resettlement of citizens from houses recognized as unsafe 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 Housing program has been developed and will be launched.

Russian President V.V. Putin instructed the government, together with the regions, to develop new mechanisms for relocating emergency housing stock and launch them from January 1, 2019. The head of state also demanded that officials improve the quality of government services and expand participation in independent assessments 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 a federal law regulating the process of resettling 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 emergency housing was not completed by all regions of the Russian Federation. In this regard, the government postponed the deadline for the resettlement of citizens from critically outdated facilities to September 31, 2017.

According to the terms of the “Modernization of Communal Infrastructure Facilities” program, funding for resettlement comes from. At the same time, the authorities of the constituent entities must approve individual resettlement programs for a period of three years. Since in 2007 the resettlement and major repairs of the housing stock are supervised by the Housing and Communal Services Fund, it is this structure that creates regional commissions that determine the condition of houses.

What kind of housing is considered unsafe?

The state resettlement program applies only to houses that are officially recognized as unsafe, that is, unfit for life. Housing is considered dilapidated if the building is at least 70% worn out. Establishing the degree of wear and tear of housing is carried out by specially created interdepartmental commissions (clause 4 of Article 15 of the Housing Code of the Russian Federation). According to paragraph 7 of the same article, if the commission recognizes an object as unsuitable for habitation or in disrepair, then this object will be demolished or reconstructed.

The interdepartmental commission inspects only those houses that are included in the individual regional development program. However, a commission inspection can also be created if there are numerous written requests from the residents of the house. During the inspection, the commission draws up a report and makes a decision on the condition of the object. To work, the commission’s specialists will need floor plans, statements from residents, technical passports and copies of documents confirming ownership.

In what cases is housing considered unsafe?

A residential property is considered unsafe (unsuitable for living) if the following factors are present:

• deformation of the foundation or walls;


• the object is located in a flood or avalanche zone;


• there is a possibility of the house collapsing;


• 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 emergency housing, because by living in such facilities, they risk their life and health. But the resettlement is not designed for citizens living in houses that are recognized as dilapidated. However, if there is a significant degree of wear and tear, the property may receive the status of dilapidated housing, which means that the house will soon be demolished.

Read also: Necessary documents for registration of emergency housing, demolition deadlines and procedure for obtaining an apartment.

How to become a participant in the “dilapidated housing” program?

If residents suspect that the technical condition of their home is unfit for habitation, they need to contact their local government. When citizens apply, representatives of regional authorities are obliged to refer residents to a specialized organization to determine the condition of buildings. Having received the expert opinion, residents should contact the 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 organization’s conclusion on the condition of the object;


• written complaints from residents of the house.

After the inspection, 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 commission’s conclusion is issued within 1 working day. If the commission does not recognize the facility as unsafe, 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: latest information

Conditions for obtaining new housing under the resettlement program

If the condition of the house is considered unsafe, local authorities are obliged to relocate the residents as soon as possible. In this case, during the resettlement process the following conditions must be met:

1. Owners (tenants) of emergency housing receive housing of equivalent size. New housing must be comfortable and equipped with a stove, plumbing, heating, sewerage, running water, and electricity.

2. Residents are given three options for relocation, but the individual wishes of citizens are not taken into account.

3. Residents living in an emergency facility under a rental agreement receive new housing under the same conditions.

4. The square footage of new housing is calculated based on current standards for housing provided under social rent. For example, a family consisting of two people will receive a one-room apartment with an area of ​​44-50 square meters. meters. A family of three will receive an apartment measuring 62-74 square meters. meters. According to the standards, at least 18 square meters are allocated for each registered person. meters.

5. If a resident of a dilapidated building was also in line to improve their living conditions, then upon resettlement he will receive an apartment taking into account the missing meters. In special cases (for example, the local housing stock does not have apartments of the required size), an additional apartment is allocated.

6. During resettlement, citizens cannot move into communal apartments.

7. New housing must be located on the territory of the same administrative district as the emergency facility. But with the consent of the residents, they can be relocated to other areas.

8. Resettlement is carried out only with a written application from the owner.

9. The resettlement of all residents is carried out within a year from the date the house is declared unsafe.

10. A detailed agreement is drawn up between the owner of the future apartment and the owner of the house. As a rule, the owner of the house is the municipality.

11. If the owner wants to receive monetary compensation instead of a new apartment, he can write a corresponding application. However, granting the request is at the discretion of the municipality. In addition, calculating 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 only provided once.

13. From the moment the house is declared unsafe, the owners of the demolished housing do not have the right to change or sell the apartment. If such a transaction is made, it will be considered illegal.

14. After concluding an agreement between the owner of the emergency housing and the owner of the house, the move must take place within one month.

15. If the owner of emergency housing lived in an apartment whose square footage is significantly lower than the established norm, upon relocation he will receive an apartment with a standard square footage, that is, the size of the new property will increase.

16. Residents of communal apartments receive separate apartments upon relocation.

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 making an opinion, residents will need to supplement their claim with a written conclusion of an independent technical examination.

Living in dilapidated and dilapidated housing is extremely dangerous. Citizens who own apartments in such houses under a social tenancy agreement have every right to apply for new housing or, in return, compensation. Unfortunately, many tenants are unaware of this right or how to exercise it.

○ Legislation on dilapidated and emergency housing.

This type of housing is dangerous in many ways. In the first place, of course, are the lives of citizens who live in such houses. However, communications, city roads, and residents’ property may also be damaged. To avoid such incidents, the state is taking preventive measures in the form of demolishing dilapidated and dilapidated housing and relocating citizens from it to modern and safe houses.

The implementation of these actions is ensured through the adoption at the level of constituent entities of the Russian Federation of regional targeted programs, which contain specific conditions for the resettlement of citizens and the provision of compensation to them. The most striking example is renovation program in Moscow And program for the resettlement of citizens from dilapidated and dilapidated housing in St. Petersburg.

All regional projects related to resettlement issues are adopted in accordance with federal regulations. The most important among the laws in this area is the Federal Law of June 21, 2007 No. 185-FZ “On the Fund for Assistance to the Reform of Housing and Communal Services.” It determines the vector of development of the housing sector in Russia, and also contains the goals and objectives of the reforms, and the main provisions on regional programs. An important role is also played by the Decree of the Government of the Russian Federation of January 28, 2006 No. 47 (hereinafter referred to as PPRF No. 47), which establishes the criteria for classifying houses as unsafe and subject to demolition. Some issues are also regulated by the Housing Code of the Russian Federation.

○ The concept of dilapidated and emergency housing.

The current legislation does not provide for the concept of “dilapidated housing”. The use of an outdated term is due to the fact that before the Housing Code of the Russian Federation came into force, a similar legislative act of the RSFSR, adopted back in 1983, was in force. Today, the Federal Law “On the Fund for Assistance to Housing and Communal Services Reform” contains the concept of only emergency housing stock.

• Clause 2 of Part 1 of Article 2 of the Federal Law “On the Fund for Assistance to Housing and Communal Services Reform”:
• “Emergency housing stock is a set of residential premises in apartment buildings that are recognized in accordance with the established procedure before January 1, 2012 or in relation to the provisions of Chapter 6.3 of this Federal Law after January 1, 2012, as emergency and subject to demolition or reconstruction due to physical wear and tear in the process of their exploitation."

This concept is certainly difficult to understand for a person who is not familiar with housing legislation. In a language understandable to ordinary citizens, dilapidated and dilapidated housing are those residential premises that, as a result of the survey, were found to be subject to demolition.

Only a special commission operating at the level of a constituent entity of the Russian Federation can recognize an apartment as unsafe. However, this can also be done by the local authority responsible for supervision of the housing sector in the municipality. To conduct an inspection in his premises, the tenant or owner must submit an application and attach to it the appropriate package of documents provided for in clause 45 of PPRF No. 47:

1. Application for recognition of the premises as unsafe.
2. A copy of the document certifying the right to residential premises. This is necessary if the apartment is not registered in the Unified State Register for one reason or another. In particular, this may be a purchase and sale agreement, a gift or a will.
3. Statements and complaints from other residents about unsatisfactory living conditions. Providing them is not necessary, but can serve as additional evidence of the need for an early examination.
4. An inspection report of the residential premises, if the application is submitted by the local authority responsible for housing supervision.

To apply for recognition of an apartment as unsafe, you need to know the criteria that the residential premises must meet. The non-compliance of one or more of them is a condition that allows one to count on further resettlement. According to Chapter II of PPRF No. 47, the criteria for recognizing residential premises as suitable for citizens to live in are:

1. The working condition of load-bearing and enclosing structures does not lead to various types of deformation and ensures the safety of citizens (no cracks, destruction, damage).
2. The arrangement and equipment of the apartment does not pose a threat to the life and health of citizens (width, height, slope of the stairs, dimensions of doorways).
3. Providing engineering systems (electricity, gas, heating, ventilation, hot and cold water) that meet sanitary and epidemiological requirements.
4. External structures of the house (external walls) must provide thermal insulation (at least 18°C ​​in winter).
5. Protection from penetration of rain, melt and ground water.
6. The presence of an elevator in houses with 5 or more floors.
7. Other criteria specified in Chapter II of PPRF No. 47.

There are about 20 conditions that the house must meet, and each of them must be checked by a commission.

○ Demolition of dilapidated and emergency housing.

If a residential premises is recognized as unsafe, officials decide whether the house should be reconstructed or demolished. In the first case, citizens are temporarily resettled for the period of repair and restoration work; in the second, they are moved to a new apartment, which is transferred to them on the right of ownership, or receive compensation for the purchase of housing. However, all this does not happen at once. The fact is that emergency residential premises are included in regional targeted programs, that is, roughly speaking, they are put on the queue for demolition. The exception is houses whose residents need to be urgently relocated due to an extremely dangerous condition.

The demolition of apartment buildings in disrepair is carried out by regional authorities through a competition for carrying out the relevant work. After choosing a contractor, methods, timing and plans for dismantling residential premises are approved. All citizens are first resettled and property is removed. Communications that are subject to exploitation, as well as suitable common property, can also be removed from houses. After this, the contractor begins demolition.

○ Citizens' rights, resettlement or compensation?

Each regional program must contain provisions according to which citizens whose house is subject to demolition are given a choice: either receive a new apartment of equal value, or monetary compensation for the purchase of housing.

Initially, it is proposed to move residents to premises that have an area (both residential and common) no less than in the previous apartment, as well as improved furnishings and repairs. If the conditions are not met, citizens have the right to demand the provision of other premises or monetary compensation. It is determined in each region depending on the market value of the apartment that was planned to be provided.

Citizens who live in emergency housing under a social tenancy agreement can apply for an equivalent municipal apartment on a similar basis.

○ Procedure for relocation and receipt of compensation.

Before demolition is carried out, all citizens must be resettled in other houses. The premises provided to replace the old one must be equivalent, that is, the area and number of rooms must be at least no less. Housing conditions must be improved compared to an emergency apartment. Apartments are provided either on the basis of ownership or under a social tenancy agreement, depending on what powers the citizen had in relation to the old housing.

However, regional authorities can provide citizens living in municipal apartments with premises on the right of ownership, if the subject’s budget can afford it. For example, this procedure is provided for by the renovation program in Moscow.

Citizens who receive ownership of apartments must register the right to residential premises with the territorial bodies of Rosreestr. For this, in accordance with the provisions of Federal Law No. 218-FZ dated July 13, 2015 “On State Registration of Real Estate,” the following package of documents is required:

1. A document certifying ownership. It is issued by the authorities of the subject or municipality.
2. Passport of the citizen in whose name the property is registered.

If a social rental agreement is concluded, registration with the Unified State Register is not required. The timing of resettlement is established by regional programs depending on the region’s availability of funds and housing stock. Registration of ownership should take no more than 5 days.

• Part 9 of Article 16 of the Federal Law “On the Fund for Assistance to Housing and Communal Services Reform”:
• “State registration of the emergence and transfer of ownership of residential premises, which are provided to citizens in accordance with this Federal Law, is carried out V current no more than five working days from the date of submission of the application and the documents necessary for such state registration.”

In case of refusal to provide housing, citizens may demand payment of monetary compensation. To do this, an application is submitted to the body responsible for the implementation of resettlement, which justifies the reason for abandoning the apartment, and also attaches a document certifying ownership. Compensation is calculated from the market value of the residential premises that the authorities planned to provide instead of the damaged one.

Since the beginning of 2016 and as of November 23, the city interdepartmental commission (IMC) has considered 21 applications regarding 17 apartment buildings to recognize them as unsafe. The Housing Committee reported this to “Public Control”. As a result, 6 houses were declared unsafe. It was decided to demolish 4 of them, 2 houses - to reconstruct.

Since the beginning of 2016 and as of November 23, the city interdepartmental commission (IMC) has considered 21 applications regarding 17 apartment buildings to recognize them as unsafe.

For comparison: in 2015, the MVK reviewed 40 applications regarding 38 apartment buildings. 23 of them were recognized as unsafe and almost all were decided to be demolished.

But this is incomparable with the volumes that the city faced in 2012. Then one of the “May decrees” of Russian President Vladimir Putin was issued, ordering the resettlement of all houses recognized as unsafe before January 1, 2012, within five and a half years. St. Petersburg officials counted 920 such houses and took upon themselves increased obligations to cope with the task within three years. In reality, it turned out a little differently, and the Housing Committee reported that all these 920 houses were resettled only in the summer of 2016.

And then an interesting feature emerged: from 2012 to 2015, only 40 houses were declared unsafe. That is, it turns out that there is less and less housing unsuitable for normal life. Officials say that this is the case and see this as the result of their work. But there is another opinion: houses are simply not recognized as unsafe, so as not to have to worry about moving them out. To understand this issue, Public Control decided to study the entire chain of actions that lead to the recognition of a house or individual residential premises in it as unsafe.

Theory and practice

In theory, this entire chain is described and regulated by the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction, which was approved by Decree of the Government of the Russian Federation of January 28, 2006 No. 47.

Each case is first reviewed by district authorities. They have their own interdepartmental commissions that decide whether to submit documents to the city IEC or not.

According to the document, the initiator of recognizing a house or residential premises as unsafe can be the owner of the premises (both a citizen and an authority), an employer, or a government supervision (control) body. Next, the application is considered by a commission that checks the actual condition of the house and votes whether to recognize it (or the premises) as unfit for habitation.

In reality, a two-stage system operates in St. Petersburg. Each case is first reviewed by district authorities. They have their own interdepartmental commissions that decide whether to submit documents to the city IEC or not. And if the initiator of recognizing a house as unsafe is an ordinary resident, then in practice he has to overcome two administrative barriers.

Moreover, if we are not talking about a house, but about a separate apartment, then the district authorities decide everything. “In accordance with the Decree of the Government of St. Petersburg dated September 19, 2006 No. 1139 “On bringing legal acts of the Government of St. Petersburg into compliance with the current legislation” decisions on recognizing residential premises as meeting (not meeting) the requirements for residential premises and their suitability (unsuitability) for living are accepted by the administrations of the districts of St. Petersburg on the basis of the conclusions of the district interdepartmental commissions,” the Housing Committee informed “Public Control”. The committee itself does not even have data on the number of individual residential premises recognized as unsafe and unsuitable for living in 2015-2016.

Officials indeed often offer residents to demolish their houses themselves and give them 1-2 years to do this, says Veronika Perfilyeva, a lawyer in the real estate and investment practice of the Kachkin and Partners law office.

The grounds for recognizing a house (premises) as unsafe are also listed in the above Regulations. The main ones are physical wear and tear, leading to a decrease in the reliability of the building, the strength and stability of building structures and foundations to an unacceptable level, as well as changes in the environment and microclimate parameters of the residential premises, which do not allow compliance with the necessary sanitary and epidemiological requirements and hygienic standards. Based on this, the IMC makes a decision. If a resident of the house does not agree with it, he can appeal it in court.

If the housing is recognized as unsafe, then the citizen is offered either another of equal value or monetary compensation. If new housing is provided, it will be equivalent in area to the area being withdrawn. That is, for example, instead of a room in a communal apartment, a person will receive another room in a communal apartment. These are the provisions of the Housing Code. However, nowhere is it written that new housing must be of poor quality. Meanwhile, as “Public Control” previously found out, this happens all the time, and not only in St. Petersburg.

One of the recent cases was reported to Public Control by the office of the Commissioner for Human Rights in St. Petersburg. In November 2016, he received a request from a group 1 disabled person using a wheelchair about a possible violation of his housing rights. His house on Roshchinskaya Street was considered unsafe and demolished, and at first no other housing was provided at all. Then the administration of the Moscow region nevertheless found a place for him in a specialized housing stock, but the premises are not suitable for living in a wheelchair. The commissioner is currently conducting an investigation.

Determining the amount of compensation is a no less scandalous topic. “When determining the amount of compensation for residential premises, it includes the market value of the premises itself, the market value of common property in an apartment building, taking into account the share in the right of common ownership of such property, as well as all losses caused to the owner of the residential premises by its seizure, including losses that he bears in connection with a change of place of residence, temporary use of another residential premises before acquiring ownership of another residential premises, moving, searching for another residential premises to acquire ownership of it, registration of ownership of another residential premises, early termination of his obligations to third parties , including lost profits,” the Housing Committee lists.

In reality, people often do not agree to the amounts offered by officials. Of course, the real market valuation of a dilapidated house that is being demolished will always be controversial. Especially in cases where a new luxury home or commercial facility rises in a couple of years on the site of a demolished building.

The real market valuation of a dilapidated house that is being demolished will always be controversial. Especially in cases where a new luxury home or commercial facility rises in a couple of years on the site of a demolished building.

Finally, it is worth mentioning one more norm of legislation, namely clause 10 of Art. 32 of the Housing Code. It is worth quoting in full: “Recognition, in accordance with the procedure established by the Government of the Russian Federation, of an apartment building as unsafe and subject to demolition or reconstruction is the basis for the body that made the decision to recognize such a house as unsafe and subject to demolition or reconstruction to present a demand to the owners of the premises in the specified building for its demolition or reconstruction within a reasonable time. If these owners do not carry out the demolition or reconstruction of the specified house within the established period, the land plot on which the specified house is located is subject to seizure for municipal needs and, accordingly, each residential premises in the specified house is subject to seizure, with the exception of residential premises owned by right property to a municipal entity, in the manner provided for in parts 1-3, 5-9 of this article.”

Offering residents to demolish their damaged home themselves may seem absurd, but if you look at it, it is the same property as, for example, a personal car. It is the owner's responsibility to sell it for scrap in the event of irreparable damage. In any case, it never occurs to anyone to demand that the state replace a broken car.

Officials indeed often offer residents to demolish their houses themselves and give them 1-2 years to do this, says Veronika Perfilyeva, a lawyer in the real estate and investment practice of the Kachkin and Partners law office. After which they begin the procedure for repossessing the property.

“I am not aware of cases where owners demolished or reconstructed houses at their own expense, which is obviously due to the organizational complexity and significant cost of performing these actions by the owners of the premises,” says Veronika Perfilieva. “In addition, carrying out the demolition of a house at their own expense is economically unprofitable for the owners, since in this case they will not only incur considerable expenses, but will also not receive compensation for the cost of the premises they own or other premises to replace those demolished.”

"Difficult" residents

Currently, the majority of unsafe houses are resettled in the same year they were recognized as such, the Housing Committee says. But “difficult cases” are not uncommon. Approximately 15% of owners are relocated by court decision, Chairman of the Housing Committee Valery Shiyan told Public Control in January of this year. As already mentioned, not everyone is satisfied with the compensation or apartment offered. It also happens that people simply do not want to leave their home - even if it is in emergency condition, it is their own.

While some residents are fighting with officials to have their house recognized as unsafe, others, on the contrary, are challenging this status in every possible way, which is beneficial to investors who want to acquire a plot of land.

“Usually, the opinions of residents in a building are divided,” says Pavel Sozinov, a member of the regional headquarters of the ONF in St. Petersburg, who is actively involved in the problem of resettlement of emergency housing. - There are always residents in the house who do not want to leave for one reason or another. Motivation can be very different. Someone works nearby, someone is already old, retired, they spent their entire lives in this area and people don’t want to move somewhere else. There are quite a lot of such situations.”

But are personal motives the only reason why people are dissatisfied with the decisions of officials? Pavel Sozinov continues: “It would seem that regulatory documents exist, and many of them date back to the 1980s. However, if you look more closely, all these documents, especially in the technical part, require updating, since at the moment the expert assessments given by the relevant organizations often differ to the contrary. That is, we have repeatedly encountered situations where, at the request of citizens, an assessment of the technical condition of a building was carried out - and the building was recognized as unsafe. At the same time, a counter expert assessment given by organizations affiliated with district administrations gave the opposite conclusion. That is, different estimates are possible based on virtually the same methods. This suggests that it is necessary to reconsider these norms and rules, especially in their technical part.”

The next problem, according to the expert, is in the regional intercontinental complexes. “In fact, there are quite a lot of questions about the activities of the MVK,” says Pavel Sozinov. - The functionality of district interregional commissions in different regions varies quite significantly. And here various manipulations are possible on the part of district administrations, which we, in principle, see.” In his opinion, it makes sense to exclude district commissions from the chain altogether. “It is not profitable for the district to recognize houses as unsafe,” explains Pavel Sozinov. “Eventually they will have to resettle them.” AND .

Finally, if some residents are fighting with officials to have their house recognized as unsafe, others, on the contrary, are challenging this status in every possible way, which is beneficial to investors who want to acquire a plot of land. “Such situations were quite typical some time ago during the investment boom,” explains Pavel Sozinov. - Unfortunately, you and I cannot say for sure whether the house is in disrepair or not, again due to the fact that, based on a technical examination carried out by some company, we do not know whether it is affiliated. At the moment, the technical condition of many of our houses, especially in the historical center, is quite poor, and the technical wear and tear there is often more than 60-70%. This is such a city feature. You can approach almost any historical building that has not undergone major renovations with the same standards of recognizing it as unsafe.”

In other words, this seemingly regulated area by numerous laws and regulations is in fact not protected from various types of manipulation. This means that at any moment another scandal related to the resettlement of emergency housing may break out in St. Petersburg.