Program for relocation from dilapidated and emergency housing. Nuances of relocation from dilapidated housing of owners

Resettlement of dilapidated housing carried out to free an apartment building from the persons living in it. The procedure is carried out in cases where it is necessary to demolish a building, reorient it or improve the living conditions of third parties. The state provides for the possibility of relocating citizens occupying premises, regardless of the form of ownership or rental. The authorities also form commissions and supervisory bodies that carry out the resettlement of dilapidated houses and buildings with worn-out infrastructure, inform the population and transfer housing or funds to people deprived of their previous living space.

The resettlement procedure is legally enshrined within the framework. The Housing Code also has rules that ensure legality in the procedure: it regulates the obligation to evict owners. According to, the main role in the implementation of resettlement is played by regional authorities and territorial divisions of the Ministry of Construction. Subjects of the federation and cities of federal significance adopt local laws that reveal the essence of the process for individual lists of houses, taking into account the quality and improvement of the property stock.

Moscow And Saint Petersburg, being the largest carriers of communal housing, have legislation on the resettlement of such apartments. The general essence of the laws is to improve the quality of life of citizens and control the safety of the structures of apartment buildings.

What kind of housing is considered dilapidated?

The procedure for assessing housing for non-compliance with standards is initiated at the request of citizens and government agencies responsible for supporting the housing stock. Citizens can apply both personally and on behalf of forms of self-government ( HOA, UK).

The commission that determines whether a building is dilapidated or not consists of specialists from the department of architecture, housing inspection, public utilities and landscaping. During the analysis of load-bearing walls, ceilings and communications, a characteristic of the residential premises is published, issued to each citizen living in the building.

Resolution No. 47 regulates the criteria for recognizing housing as dilapidated:

• Natural wear and tear of walls and ceilings amounted to 65-70% and cannot be corrected as part of a major overhaul. This rate of wear is manifested in the shedding of individual parts of concrete (brick) structures, rotting of wooden elements;
• Communications do not provide a sufficient level of power supply, hot water supply (only for houses with a height of more than 2 floors). Operation in this form can lead to man-made accidents and complete failure;
• Wear and tear led to violations of sanitary standards regarding noise levels and the presence of bacteriological and chemical hazards. Due to further use of the structure, negative consequences for the health and life of citizens are possible.

The commission, assessing the degree of wear and tear, must also draw a conclusion on the impossibility of carrying out large-scale repairs. This circumstance is realized in houses that have significantly exceeded the depreciation life ( 60 -70 years old).

A citizen who decides to independently apply for recognition of a building as unfit for habitation must:

1. Convene a meeting of residents, where you will receive the decision of the association;
2. Optionally - order an independent examination;
3. Write statement addressed to the head of the municipality, within the framework of which to demand the convening of an Interdepartmental Commission. View and download sample document you can here: .
4. Attach a technical plan, a decision of the owners (tenants), and technical examination documents to the application. Complaints about design defects may also be taken into account.

Options for resettlement from dilapidated and emergency housing

If, based on the results of the commission’s work, a decision is made that the house is subject to demolition as dilapidated or emergency building, residents are given notices and specifications. Further actions of citizens depend on the reasons for using the apartment.

Apartment owners who have secured their rights in the Federal Register have the greatest independence. Based on the article 32 Residential Complex of the Russian Federation, the state is obliged to offer monetary compensation or an alternative apartment that is not inferior in parameters to the previous one. Monetary compensation should be assigned based on the results of a market assessment: the cost of an apartment with a similar area, level of amenities and in the same area is taken into account.

If a person does not agree with the assigned compensation, the dispute is resolved by a magistrate. If an apartment is chosen during resettlement, then monetary compensation is counted as payment. A lack of funds for full payment may establish a regime of shared ownership between the citizen and the state (part of the apartment is provided under a social tenancy agreement).

Tenants of an apartment have a smaller list of options: the person is required to enter into a new tenancy agreement. Refusal of the conclusion is also acceptable: if the apartment does not meet the level of comfort, amenities and space, and also worsens the quality of life. Based on the refusal, the state provides another apartment. Otherwise, the case is also resolved through judicial review.

The apartments offered to residents of dilapidated buildings are being built as part of regional resettlement programs. State bodies that carry out control at all stages of construction are obliged to prevent violations and ensure a high level of improvement. In rare cases (less than 2,5% According to the statistics of the Resettlement Program), purchasing apartments on the secondary market is allowed.

Procedure for resettlement from dilapidated and emergency housing

According to the type of property, as well as the chosen option, the list of actions that must be performed in order to implement resettlement of owners from dilapidated housing. In particular, if the owner chose to receive monetary compensation, the following is required:

1. Submit an application to the head of the municipality to receive compensation for the apartment. The application must be accompanied by contracts and a certificate of ownership. View and download sample document can be here: ;
2. Wait for the commission's decision to provide a monetary payment. The notice must be sent within 5 days from the moment of submission of the application;
3. Conclude an agreement with the administration on the transfer of property;
4. Carry out the actual departure from the apartment, which must be recorded by a local administration employee in the form of an act;
5. Provide your own calculation, which also indicates other expenses incurred during the forced relocation. The administration is obliged to cover all proven expenses, including temporary rental of premises;
6. Get a payment for the apartment. The money is transferred to a bank account. Their further purpose depends entirely on the will of the owner, unless he has undertaken any obligations (for example, improving the living conditions of the child).

If the owner is the state, and the apartment was previously transferred on the basis of a social tenancy agreement, it is necessary:

1. Submit an application for inclusion in the resettlement program;
2. Confirm with documents the composition of the family, the number of registered persons;
3. Wait for the decision of the interdepartmental commission. When a decision is made, an apartment is assigned that is similar in size, but meets the standards in the given region in terms of amenities;
4. Despite the fact that the response arrives within 15 days, in practice, apartments are transferred based on a schedule, often with a delay;
5. Conduct an inspection of the apartment and record all defects as part of the transfer and acceptance certificate.

Resettlement of emergency housing in 2015 does not oblige you to register - it is enough to provide proof of residence in a dilapidated house. The choice of apartment is not affected by the current SANPiN standards: the apartment is provided in accordance with the previous area and cannot be increased based on an increase in the number of residents. In this case, it is necessary to distinguish between the queue for improving housing conditions and resettlement.

List of required documents

During the resettlement the following are provided:

• Social lease agreement, purchase and sale agreement and other documents confirming the legality of ownership of property;
• Certificate of ownership (exclusively for owners);
• Statement with the requirement to carry out resettlement within the framework of the program. The document records information about the applicant, his family members and address;
• Documents certifying the consent of interested parties (creditors, spouses, guardianship authorities);
• Rehabilitation program (for disabled people who require special living conditions);
• Certificate of family composition and registered persons;
• Applicant's passport.

Nuances when relocating dilapidated and emergency housing

During resettlement, it should be taken into account that the state must improve the place of residence, without violating the requirements Housing Code. A frequent problem faced by residents is moving them to residential areas located in other administrative units. According to the latest news, the contradictions between the geographical and administrative definition of the outlines of a settlement are interpreted in favor of citizens.

The consequence of corruption, scammers' schemes and lack of control can be moving into an unfinished house or a building constructed with violations. When checking in, it is necessary to reflect all the shortcomings associated with the local area, the entrance and the apartment itself. The developer is given 3 days to eliminate deficiencies or a motivated response. It should be borne in mind that the provision of an apartment is the responsibility of the state, and if the service is provided poorly, it is liable in court.

Current programs were installed on 7 years V 2010. Thus, accurate information about resettlement after 2017 not published. It is noteworthy that privatization, which is the only way to receive money for an apartment, ends in 2016.

The most popular questions and answers regarding resettlement from dilapidated and dilapidated housing

Question: Hello, my name is Kirill. Before moving in, the three of us lived in a three-room apartment with an area of 70 square meters. Since the apartment was received under a social lease agreement, the administration issued an apartment of the same size, but with two rooms. How legal is this?

Answer: Kirill, in this case the actions of the state are legal. requires only conservation of area. Resettlement, according to Government Resolution No. 47, pursues only the goals of preserving the rights of citizens, but not improving living conditions. Based on this wording, when receiving a new apartment, the rules requiring maintaining the number of rooms are not applied.

Conclusion

The resettlement procedure is used to ensure the legal rights of citizens living in dilapidated and emergency housing. The administration of the locality involved in this procedure is obliged to follow the rules that govern law on resettlement from dilapidated and dilapidated housing in 2015:

1. Assess the wear and tear of real estate by independently identifying the risk of accidents;
2. Provide an apartment or monetary compensation within the agreed period;
3. Monitor the improvement of the rented apartment;
4. Re-contract social rent agreements with residents;
5. Maintain the total area of ​​the previous apartment when moving.

Issues of resettlement of citizens are regulated by:

Housing Code of the Russian Federation,

I. The basis for the release of residential buildings is a legal act of the Moscow Government adopted in connection with:

• carrying out major repairs or reconstruction of a residential building, if such major repairs or reconstruction cannot be carried out without vacating residential premises and relocating citizens;

• transfer of a residential building, recognized in accordance with the established procedure as unfit for habitation, to a non-residential property;

• recognition in accordance with the established procedure of a residential building as unfit for habitation (emergency) and subject to demolition;

• withdrawal or use of part or all of a land plot for state (city) or municipal needs in cases provided for 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 the city of Moscow, the implementation of city programs requiring the demolition of residential buildings.

II. Owners who vacate residential premises (residential buildings), at their choice, are provided with equivalent compensation (compensation) or a redemption price in cash or in kind.

The amount of compensation (compensation) or redemption price is determined by agreement of the parties based on an independent assessment.

The amount of monetary compensation (compensation) to the owner must correspond to the market value of the vacated residential premises.

When determining the redemption price of a residential premises (residential building) seized from the owner in connection with the seizure of a land plot, it includes the size of the market value of the vacated residential premises (residential building), 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, according to which the owner is provided with another comfortable residential premises, equivalent vacated residential premises.

In this case, an equivalent residential premises is recognized as a residential premises, the area of ​​which is not less than the area of ​​the vacated residential premises, and the number of rooms corresponds to the number of rooms in the vacated residential premises. There is no additional payment for the difference in the prices of the exchanged residential premises.

The owner, as well as members of his family who vacate residential premises and are on the housing register, with their consent, have their living conditions improved in order of priority. When making this decision, the date of recognition of them as needing improvement of living conditions or living quarters is taken into account.

III. The resettlement of citizens and the vacancy of residential premises occupied by them under contracts of social tenancy, rental, free use are carried out by providing them with another comfortable residential premises in the housing stock of the city of Moscow, respectively, under an agreement of social tenancy, hiring, free 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 well-equipped in relation to the conditions of the relevant locality, equivalent in terms of the total area of ​​the previously occupied residential premises, meet the established requirements and be located within the boundaries of the given locality.

Citizens who vacate residential premises occupied by them under contracts of social tenancy, rental or gratuitous use, and who are on the housing register, with their consent, have their living conditions improved in the order of priority. When making this decision, the date of recognition of them as needing improvement of living conditions or living quarters is taken into account.

IV. According to the resolution of the Moscow Government dated 06/03/2011. 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 on the housing register and do not have housing benefits (“general grounds”), recognized before January 1, 1990. those in need of improved housing conditions.

Getting a new living space is always associated with many questions. And when it comes to resettlement, their number is rapidly increasing. In this article, we have prepared detailed instructions on the procedure for relocating from dilapidated housing, taking into account all the necessary nuances of the procedure.

○ The concept of dilapidated and emergency housing.

The legislation does not define the definition of dilapidated housing, but in practice this category includes real estate whose wear and tear is:

• 65% for wooden buildings and attics.
• 70% for brick buildings.

At the same time, load-bearing structures do not pose a threat to the life and health of residents. The main difference between emergency housing and dilapidated housing is precisely that the wear of structures exceeds the standards, creating the threat of collapse.

To determine the condition of the building, an application for assessment of the living space is sent to a specially created interdepartmental commission. After receiving the petition, the commission has 30 days to make a decision. The solution could be as follows:

• Recognize the living space as suitable for further residence.
• Carry out major repairs and/or reconstruction/redevelopment.
• Recognize the housing as unfit for habitation due to non-compliance with established legal standards.
• Assign the house emergency status and recognize it as subject to reconstruction or demolition.

○ Resettlement program.

The resettlement of dilapidated houses is included in the targeted federal program " Housing", which was originally calculated for 2002-2010. However, not all regions were able to complete the tasks on time, so the program was extended until September 31, 2017. After its completion, residents of dilapidated and unsafe houses must have comfortable living space within the boundaries of the locality in which the previous one was located.

○ Who carries out the resettlement.

The decision on the need for relocation is made by an interdepartmental commission based on an expert opinion on the condition of the house. If the issue is resolved positively, a resettlement program is developed by local authorities.

In addition to the application, the resident is required to:

• Title documents (copies).
• Reconstruction project (when transferring non-residential premises to residential status).
• An expert inspection report declaring housing unfit for habitation.
• Other documents at the discretion of the applicant.

Regional authorities independently set resettlement deadlines in accordance with the law.

○ Stages of resettlement.

Resettlement involves going through certain stages.

✔ Register of unsuitable housing.

All buildings that are found unsuitable for habitation are entered into a special register. Thanks to this recording, it has become much easier to find out the status of your request. Just go to the website of the Ministry of Capital Construction and view the list of houses subject to resettlement. It is also still possible to find out whether a particular object is included in the register by contacting local governments or structures specially created by them. Resettlement is carried out within the time limits provided for by municipal programs. At the same time, it is possible to apply for a reduction in terms if further residence poses a real threat to life.

✔ Choosing housing for resettlement.

When relocating, residents are offered living space in buildings that were erected specifically for the program for the resettlement of dilapidated housing. At the same time, the area of ​​the new place of residence should not be less than the previous one (for owners) and comply with accepted state standards per person (for tenants). In rare cases, it is possible to move into apartments from the secondary residential market.

Residents have the right to refuse the offered living space and receive compensation in the amount of the market value of their housing.

✔ Conclusion of contracts.

The owners enter into an exchange agreement with local authorities, according to which:

• The parties agree on the area of ​​the new living space and the level of its amenities;
• The resident is provided with an apartment in the same area where the previous one was located;
• By agreement of the parties to the agreement, housing may be provided outside the region, but it must be located on the territory of the region in which the dilapidated housing was located.

If a resident owns housing under a social rental agreement, he enters into a new agreement with the authorities on the same conditions. In this case, the size of housing is determined based on the required number of square meters per person.

✔ Moving.

Relocation to new apartments is carried out within 1 year from the date of the expert decision on the need to demolish the house and within 1 month after the conclusion of the relevant agreement. Resettlement occurs in strict order of registration and as new apartment buildings are built.

Expenses incurred during the move will be covered by local authorities.

○ Payment of the purchase price to residents.

When demolishing emergency housing, you can refuse to move and receive monetary compensation. In this case, the state purchases the living space and the apartment is sold at auction. The owner is required to pay an amount corresponding to the market value of the property. At the same time, the losses that a citizen incurs when moving must also be taken into account.

Payment is carried out within the terms stipulated by the contract in the form of a non-cash payment and is of a targeted nature. Accordingly, the funds received should be spent only on the purchase of new housing. If a citizen already has an apartment, the money can be spent on other purposes, but only if the appropriate permission is obtained from the municipality.

○ Features of resettlement:

The legislation provides for the nuances of relocation for owners of emergency housing and their tenants.

✔ For owners.

If a resident has privatized living space and is its owner, he can count on the following rights when resettling:

• Living space of similar size (in area and number of rooms).
• Getting housing in the same area.

In this case, the owner may refuse to receive a new apartment and demand compensation in the amount of its market value.

✔ For employers.

If the living space is used under a social rental agreement, upon resettlement residents can count on:

• Area according to the number of legal square meters per person;
• Housing amenities;
• Location within the same locality.

• “Provided to citizens in connection with eviction on the grounds provided for in Articles 86 - 88 of this Code, other residential premises under a social tenancy agreement must be comfortable in relation to the conditions of the relevant locality, equivalent in total area to the previously occupied residential premises, meet established requirements and be located within the boundaries of this locality. In cases provided for by federal law, such provided residential premises, with the written consent of citizens, may be located within the boundaries of another populated area of ​​a constituent entity of the Russian Federation, on the territory of which the previously occupied residential premises are located. In cases provided for by federal law, citizens who are registered as needing residential premises or have the right to be registered are provided with residential premises according to the provision standards. If the tenant and his family members living with him before eviction occupied an apartment or at least two rooms, the tenant accordingly has the right to receive an apartment or to receive living quarters consisting of the same number of rooms in a communal apartment. Residential premises provided to a citizen evicted by court must be indicated in the court decision on eviction (Article 89 of the Housing Code of the Russian Federation).”

Last year, it was decided to continue the implementation of the program for relocation from housing recognized as unsuitable for citizens’ lives.

Legislative regulation of the issue

The legislative framework to facilitate the process of eviction of citizens from premises recognized as unsuitable for habitation is:

The procedure for recognizing residential premises as unfit for habitation

None of the above acts define the term dilapidated housing. In practice it is defined as state of deterioration of the house by 70% or more and provided that it is not subject to reconstruction or its implementation is impractical.

IN Government Decree No. 47 the terms housing unsuitable for habitation are used.

In accordance with Art. 33 of the Resolution, a dwelling that has harmful environmental factors or factors that threaten the safety of human life or health is considered unfit for habitation.

Reasons for classifying residential premises into this category are:

In order for housing to be declared unsuitable for subsequent residence, necessary:

1. Contact the interdepartmental commission with a corresponding application at your place of residence. The owner of the apartment or house has the right to submit an application;
2. The commission will conduct an examination of the suitability of the house based on sanitary norms and technical standards;
3. After the examination, the commission must draw up an act in three copies (one is given to the applicant, the other two remain with the commission). All members of the commission must sign the act, otherwise it will be declared invalid. A decision on the inadmissibility of subsequent residence in residential premises is made within a two-week period;
4. After making a decision about the dilapidation or unsuitability of a home, members of the commission must inform the local administration about this no later than 5 days;
5. The local administration makes a decision to include the dwelling on the list of dilapidated or unsuitable for subsequent habitation. A decision is made to resettle the applicants or carry out the reconstruction procedure.

Terms and conditions of this program

If housing is recognized as dilapidated, then to participate in the program you must register.

For this it is necessary submit documents to declare the housing unfit for habitation to the local administration. Next you need enter into a contract between the applicant and the administration representative.

The subject and terms of the agreement may be:

The resettlement procedure under the program was available to all residents of the country until September 31, 2017. The new program will work since 2019. It is planned to allocate about 25 million rubles from the budget.

Who can ask for help

Residents who:

• use a house recognized as dilapidated on the basis of a social tenancy agreement;
• lost the owner's rights to this housing as a result of registering it as collateral;
• lost a house or apartment as a result of an emergency.

Registration procedure

In order to obtain the status of a migrant from dilapidated housing, you should contact the administration at your place of residence.

When contacting the administration, you should prepare packages of documents:

What can you get in return?

Type of premises provided for further residence as a result of relocation from dilapidated or dilapidated housing depends on which housing was recognized as dilapidated:

1. The house that was the property of the applicant;
2. An apartment that is part of the public housing stock;
3. Municipal housing.

If the house was owned by the applicant, or the apartment was privatized, then the local administration will replace the dilapidated housing can provide:

1. The redemption amount of money that is transferred to the owner’s account for a house or apartment. This money can be spent by the owner on the purchase of a new home at his own discretion. The compensation payment consists of the market value of the residential premises plus the expenses incurred by the owner in connection with the relocation;
2. Providing equal housing by the administration. The main condition is that the square footage of the new premises must be the same as in the emergency housing, the number of rooms must also correspond to their number in the previous residential premises.

If housing recognized as unsafe or dilapidated was municipal, then the administration is obliged to resettle the residents in separate living quarters. The premises must be located in the same area where the dilapidated housing is located. The size of the room must correspond to the size of the emergency room.

How can you speed up the resettlement process?

When implementing a program for the relocation of persons from housing recognized as unsuitable for living, it is allowed the following types of funding sources construction of new residential properties or renovation of old ones:

AHML is one of the ways to improve living conditions. This Agency has developed a program called .

Benefits of this program are:

1. The cost of premises has been reduced;
2. The interest rate on the loan is 9.9%;
3. The down payment is equal to 10% of the property value;
4. Possibility of using funds.

Another opportunity to quickly move from a dilapidated premises to a comfortable apartment is receiving subsidies from the administration for the purchase of housing on the primary and secondary markets.

Approved by local authorities of each city. Funds are provided from the local budget. The only condition for receiving this assistance is a written obligation to deregister all family members from the residential premises.

Regional features

Each region has its own characteristics of implementing the resettlement program.

So, in Moscow The category of dilapidated housing includes:

IN Makhachkala The program is implemented in accordance with the Housing Code of the Russian Federation. So, for example, when determining the amount of compensation, the administration takes into account:

1. The cost of premises on the real estate market;
2. Expenses incurred by the homeowner.

Address program St. Petersburg The following provision of housing is provided for persons:

1. Providing well-maintained real estate from the city’s housing stock;
2. Purchase of dilapidated premises from their owners.

The provision of this type of government assistance in Sochi is described in the following video:

What is the procedure for recognizing housing as unsafe or dilapidated in Moscow, what documents are needed for this, the form of compensation for seized residential premises under the state program and outside it, the timing of consideration of the application and registration of new property rights.

Procedure

Relocation of residents from emergency and dilapidated housing occurs in several stages:

1. Residents or an authorized body initiates an inspection of the residential premises to recognize it as unsafe or dilapidated.
2. An interdepartmental commission assesses the condition of the living space.
3. A decision is made to recognize the residential premises as dilapidated or unsafe.
4. Residents of the house get on a waiting list for relocation (if the house is included in the state program) or receive the redemption value of the seized property (if the house is not included in the state program).
5. IDPs are studying the proposed apartment options using inspection orders.
6. If an agreement is reached, relocation occurs or a new social tenancy agreement is concluded (for persons living on its basis in the seized housing). If an agreement is not reached, one of the parties goes to court.

List of documents

To recognize a residential premises as dilapidated or in disrepair, the owner, tenant or authorized body must submit the following documents:

• statement;
• applicant's passport;
• copies of title documents for housing, the owner of which is not reflected in the Unified State Register of Real Estate (USRN);
• conclusion of the commission on the inspection of the house;
• conclusion of state supervisory authorities (if necessary);
• conclusion of a design and survey organization based on the results of an examination of the elements of enclosing and load-bearing structures of a residential premises (if necessary);
• photographs (if necessary);
• complaints/statements/letters from citizens indicating the uninhabitable condition of the house;
• other supporting documents.

Until the end of 2018, according to the state program, residents of those houses that were declared unsafe before January 1, 2012 are being resettled. The relocation of residents from houses declared unsafe after this date will take place starting in 2019 under a new program.

Compensation

If a dilapidated house is not included in the targeted program for the resettlement of citizens from dilapidated housing stock, the owner, in return for the seized residential premises, is entitled to monetary compensation under a buyout agreement or other living space with its value included in the redemption price. Expenses associated with relocation (transportation services, temporary accommodation in a rented apartment, paperwork, etc.) are also subject to compensation.

If a house is included in a targeted program for the relocation of citizens from emergency housing stock, the owner, in return for the seized residential premises, is entitled to another residential premises with the same area in the same locality.

In place of the premises in which accommodation took place before eviction on the basis of a social tenancy agreement, residential premises of similar size are provided. A new tenancy agreement is drawn up.

State duty

No charge.

Addresses

Muscovites can apply for recognition of housing as dilapidated or unsafe for subsequent resettlement to the City Administration or the Housing and Communal Services Department (Housing and Communal Services Department).

Submitting documents online

Not produced.

Deadlines

Consideration of an application to recognize housing as dilapidated or unsafe occurs within 30 days.

An owner evicted from emergency housing, with written consent and in the absence of other residential premises in the property, has the right, after receiving compensation, to use the seized housing for 6 months.

The order of resettlement of residents of houses is determined by the degree of their accident rate.

State registration of the emergence and transfer of ownership rights to residential premises in connection with relocation under the state program is carried out within 5 working days from the date of filing the application.

From January 1, 2019, a new program for resettling residents from dilapidated houses will be developed in Russia.