Extension of the program for relocation from dilapidated and emergency housing. Conditions of the “Dilapidated Housing” program: relocation from dilapidated and dilapidated housing step by step

The process of relocating citizens from dilapidated and dilapidated housing can be divided into three main stages:

Stage 1 - development of the program with the participation of the constituent entities of the Russian Federation and its approval at the federal level, calculation of target indicators, approval of the action plan and timing of the program;

Stage II - creation and approval of regional and municipal programs, their financing from the Housing and Communal Sector Reform Assistance Fund;

Stage III - direct resettlement of citizens associated with the recognition of residential premises as unfit for habitation, eviction, seizure of residential premises, demolition emergency buildings, construction and purchase of new housing, provision of new residential premises, as well as encouraging investors and the population to participate in the construction of new housing.

All these stages are not static, they are interconnected and are in constant development. Due to various circumstances, it is necessary to adjust the indicators of both regional and federal programs. Therefore, it cannot be said that the stages are strictly sequential or that one of them has been completed.

Start of the first stage of modern state program“Providing affordable and comfortable housing and utilities citizens of the Russian Federation" was actually given by the publication of Decree of the President of the Russian Federation dated May 7, 2012 No. 600 "On measures to provide citizens of the Russian Federation with affordable and comfortable housing and improve the quality of housing and communal services." This document obliged the Government to ensure, within the specified time frame, indicators of the quality of housing and housing and communal services, and to develop a set of measures to improve living conditions, develop a program to provide the population with affordable and comfortable housing, prepare legislative proposals aimed at establishing uniform order interaction between participants in the implementation of housing construction projects. Among other things, the Decree, by March 2013, prescribed the development of a set of measures aimed at solving problems related to the liquidation of the dilapidated housing stock.

In pursuance of the goals set by the Ministry of Regional Development of the Russian Federation (hereinafter referred to as the Ministry of Regional Development of the Russian Federation), a state program “Providing affordable and comfortable housing and utilities for citizens of the Russian Federation” was developed, approved by Order of the Government of the Russian Federation of November 30, 2012 No. 2227-r (hereinafter referred to as Order No. 2227- R). The program had very optimistic targets and was designed for three implementation stages: 2013-2015, 2016-2017 and 2018-2020. Relocation from dilapidated housing was to take place as part of the solution to the problem of resettling dilapidated housing stock of the subprogram “Creating conditions for providing affordable and comfortable housing to Russian citizens.” One of the main expected end results of the state program was the absence of dilapidated and dilapidated housing stock. As part of the first stage of the state program, it was planned to complete the relocation of citizens from the housing stock, recognized as emergency as of 01/01/2012. Accordingly, at the second stage of the program after January 1, 2016, the resettlement of citizens from the housing stock, recognized as emergency and subject to demolition, was to be carried out within account of funds from the budgets of the constituent entities of the Russian Federation and local budgets.

A set of measures aimed at solving problems related to the liquidation of emergency housing stock was approved by Order No. 1743-r. This document designated the Ministry of Construction of the Russian Federation and the Fund for Assistance to Housing and Communal Services Reform as the main responsible executors of measures to eliminate the emergency housing stock. The implementation of measures for methodological support of regional programs, the introduction of draft regulations, changes to existing legislation was also entrusted to the Ministry economic development Russian Federation, Ministry of Finance of the Russian Federation, Ministry of Regional Development of the Russian Federation, Gosstroy of the Russian Federation.

But this stage of developing the resettlement program was not completed. By order of the Government of the Russian Federation dated January 24, 2014 No. 71-r, the Ministry of Construction of the Russian Federation was appointed responsible for the state program “Providing affordable and comfortable housing and utilities for citizens of the Russian Federation.” Then, on April 15, 2014, by Decree of the Government of the Russian Federation No. 323 “On approval of the state program of the Russian Federation “Providing affordable and comfortable housing and utility services to citizens of the Russian Federation,” the state program becomes an act of a normative nature. As tasks are completed and indicators are achieved, the set of measures is adjusted by adding activities:

• a) by formation by bodies executive power of subjects of the Russian Federation emergency registers apartment buildings, recognized as emergency after 01/01/2012, subject to resettlement, and lists of citizens subject to resettlement;
• b) on the formation and approval by the executive authorities of the constituent entities of the Russian Federation of regional and municipal targeted programs for the resettlement of citizens from apartment buildings recognized as unsafe after 01/01/2012 (Order of the Government of the Russian Federation dated 08/22/2014 No. 1604-r);
• c) on monitoring and analysis of the implementation of regional (municipal) targeted programs for the resettlement of citizens from apartment buildings recognized as unsafe after 01/01/2012.

In total, as of November 2016, Order No. 1743 “On approval of a set of measures aimed at solving problems related to the liquidation of emergency housing stock” was adjusted eight times, including two times in 2016, the last change was made by Order of the Government of the Russian Federation dated October 28, 2016 No. 2288-r. That is, the program development stage is still in the adjustment stage.

There are plenty of reasons for the inconstancy of the main program document. Firstly, the state program is, of course, being developed on the basis of similar programs of the constituent entities of the federation and local governments, whose budgets, in the context of an unexpected drop in income in 2014-2015, were seriously cut, which entailed comprehensive adjustments to all expenses. Secondly, the inertia of the processes of coordination of local and regional programs causes a time delay in achieving indicators, which is why there is a need to change the indicators of the current and subsequent stages of the program. The third reason can be called delays in financing resettlement activities related to the first reason, which in some cases may also be of a criminal nature, for example, misuse of funds. All this leads to the need to adjust both the indicators and the timing of the program.

It would be a stretch to call this approach to solving the resettlement problem programmatic. The program approach, in our opinion, involves achieving specific indicators while performing specific tasks within specific deadlines.

The regional policy regarding relocation from emergency housing is more specific compared to the state policy. This is most likely due to the requirements of Article 14 of Law No. 185-FZ on the existence of a regional targeted program for the resettlement of citizens from emergency housing stock, approved in accordance with Article 16 of Law No. 185-FZ. In this case it is provided financial support at the expense of the Fund for the resettlement of citizens from emergency housing stock. Article 16 of Law No. 185-FZ regulates the requirements for regional targeted programs for relocation from dilapidated housing. Let us note once again the fact that the Housing and Communal Sector Reform Assistance Fund provides financial support for resettlement activities only from dilapidated housing. Dilapidated housing, apparently due to the lack of a legal definition, is not mentioned in the law.

Almost all constituent entities of the Russian Federation, with rare exceptions, adopted regional targeted programs for resettlement from dilapidated housing in 2013. And, since municipalities in each subject are co-executors and participants in regional resettlement programs, they, in accordance with the requirements of the regional program, also approved the corresponding municipal resettlement programs. In essence, the difference between municipal programs and regional ones lies only in the planned performance indicators.

What are the main points that can be highlighted in regional and municipal programs for relocation from dilapidated housing?

All programs accepted after January 1, 2013 must be completed by September 1, 2017. This is due to the fact that, in accordance with clause 6 of Article 3 of Law No. 185-FZ, the Housing and Communal Sector Reform Assistance Fund is valid until 01/01/2018 and is subsequently subject to liquidation. But, judging by the pace of achievement of resettlement program indicators, not all regions will be able to fully achieve their goals by September 1, 2017. With a certain amount, enough high share Most likely, it can be assumed that the state will extend the functioning of the Housing and Communal Sector Reform Assistance Fund.

Next important point of all programs, it is worth noting that resettlement is carried out only from apartment buildings recognized in in the prescribed manner until January 1, 2012, unsafe and subject to demolition. Emergency housing, recognized as emergency later, must be resettled by decision of municipal authorities only at the expense of the local or regional budget. According to Art. 20.9 of Law No. 185-FZ, regional authorities can apply for financial support for the relocation of citizens from emergency housing, recognized as such after 01/01/2012, subject to a number of conditions: the presence of a regional program for the relocation of such housing; mandatory inclusion of a list of apartment buildings recognized in accordance with the established procedure after 01/01/2012 as unsafe and subject to demolition or reconstruction due to physical wear and tear during their operation; mandatory compliance with the requirements of Article 16 of Law No. 185-FZ, except for the requirements of clause 1, part 2 and part 2.1 of Article 16 of Law No. 185-FZ. But the most important condition is the region’s fulfillment of the obligation to resettle citizens from emergency housing stock, recognized as such before 01/01/2012. If all conditions are met, financial support for new resettlement programs is possible from the funds of the Housing and Communal Services Reform Assistance Fund within the limits of funds for resettlement established for subject of the Russian Federation.

According to the website of the Housing and Communal Sector Reform Assistance Fund, as of November 2016, 35 regions were more than three months behind schedule for the resettlement of citizens. And only two regions by this time had successfully completed the implementation of their programs: Moscow and the Moscow region. Taking into account the remaining time before the completion of the planned resettlement, the volume of unsettled areas - 5,766,060 sq.m., emergency living space and the pace of resettlement over the past years - 5,635,430 sq.m. were resettled in 2014-2015, it can be assumed that most regions will hardly cope with the tasks of the existing resettlement programs. Therefore, it is not worth expecting that 31,322 emergency houses with a total area of ​​more than 8,000,000 sq.m., included in the registers after 01/01/2012, will be resettled before 09/01/2017.

From differences in resettlement programs different regions Let us note the formation by some subjects of the Russian Federation of state regional housing programs by analogy with the federal program “Providing affordable and comfortable housing and utility services to citizens of the Russian Federation”, which include as subprograms measures for the relocation of citizens from emergency housing stock. These, for example, are the State program Samara region“Development of housing construction in the Samara region” until 2020, State program “Providing quality housing and services housing and communal services economy of the population of the Republic of Tatarstan for 2014-2020" and similar programs of Kaliningrad, Tula, Tyumen regions, Kamchatka and Primorsky territories, Chechen Republic. On the one hand, the formation of a comprehensive housing program makes it possible to solve the problems of constructing and repairing housing stock, stimulating investors and providing housing for certain categories of citizens, relocating from dilapidated housing and providing government support measures for the purchase of housing, and many others. On the other hand, in such a turbulent economic environment, a failure in one subroutine will certainly affect the execution of tasks in other subroutines. It cannot be unequivocally determined that comprehensive housing programs solve their problems with greater success than individual targeted ones and vice versa. For example, according to the Fund for Assistance to Housing and Communal Sector Reform, the Republic of Tatarstan is in the “red” zone, that is, the pace of resettlement lags behind the plan by more than three months. In the Samara region, resettlement is proceeding according to schedule. Although both regions solve complex housing problems.

At stage III, which we formulated, the direct resettlement of citizens is carried out, which is regulated by:

• a) Articles 32, 85, 86, 89 of the Housing Code of the Russian Federation;
• b) Decree of the Government of the Russian Federation dated January 28, 2006 No. 47 “On approval of the provisions on recognizing premises as residential premises, residential premises unsuitable for habitation and apartment building emergency and subject to demolition or reconstruction.”

The algorithm for relocating citizens from dilapidated and dilapidated housing can be presented as follows:

• a) initiation of recognition of an apartment building as unsafe;
• b) assessment and inspection of an apartment building by an interdepartmental commission;
• c) adoption by the competent authority of a decision to recognize an apartment building as unsafe or subject to reconstruction;
• d) direct resettlement of citizens.

Let's take a closer look at each of these stages. The procedure for recognizing an apartment building as unsafe and subject to demolition or reconstruction is described in detail in the Regulations on recognizing premises as residential premises, residential premises as unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction.

The basis for an assessment of residential premises by an interdepartmental commission may be statements from owners, tenants of premises, as well as the conclusion of state supervision and control bodies on issues within their competence. The application must be accompanied by copies of the title documents for the residential premises and the conclusion of the specialized organization that conducted the inspection of the apartment building. If necessary, a conclusion from a design and survey organization may be attached based on the results of an examination of the elements of the enclosing and load-bearing structures of the residential premises, and at the discretion of the applicant-owner - statements, letters, complaints from citizens about unsatisfactory living conditions.

Commissions are created by the executive authority of a constituent entity of the Russian Federation - to evaluate residential premises of the housing stock of a constituent entity of the Russian Federation and by local government bodies - to evaluate residential premises of the housing stock of the Russian Federation, apartment buildings in federal ownership, municipal housing stock and private housing stock. The commission includes representatives of the relevant executive body of a constituent entity of the Russian Federation or a municipal self-government body, representatives of state supervision (control) bodies, architecture, urban planning and relevant organizations, experts certified in the prescribed manner for the right to prepare expert opinions project documentation or the results of engineering surveys. The owner of the residential premises or a person authorized by him is invited to work in the commission with the right of an advisory vote. An official of the executive body of a constituent entity of the Russian Federation or a municipal self-government body is appointed as the chairman of the commission. The composition of the interdepartmental commission is of no small importance for making a qualified and competent decision.

It should be noted that by Decree of the Government of the Russian Federation dated 08/02/2016 No. 746, additions were made to the Recognition Regulations regarding the composition of the interdepartmental commission when inspecting an apartment building, no more than 5 years have passed since the issuance of permission to put it into operation. In this case, the assessment and inspection is carried out by a commission created by the executive body of the constituent entity of the Russian Federation, and if this commission includes persons involved in issuing permits for the construction of the house being inspected or in issuing permission to put it into operation, the need to create another commission is established, including which does not allow the inclusion of these persons and their representatives. These conditions should help improve the quality of newly commissioned housing, the responsibility of not only developers, but also officials making decisions in the urban planning sphere.

The interdepartmental commission considers the received application within 30 days from the date of registration and, if the application requires recognition of the house as unsafe or subject to major repairs, makes one of the following decisions specified in paragraph 47 of the Regulations on recognizing the premises as residential premises, residential premises unsuitable for residence and apartment building in disrepair and subject to demolition or reconstruction.

The received conclusion of the interdepartmental commission is the basis for the relevant executive authority, local government, within 30 days from the date of receipt of the conclusion, to make a decision on recognizing the premises as residential premises, residential premises unsuitable for citizens to live in, as well as an apartment building in disrepair and subject to demolition or reconstruction. Owners of premises can challenge the decision in judicial procedure.

Then the executive authority or local government issues an order indicating the further use of the premises, the timing of the resettlement of individuals and legal entities if the house is recognized as unsafe and subject to demolition or reconstruction, or the need for repair and restoration work is recognized.

If it is deemed necessary to carry out reconstruction or major repairs affecting structural elements building, apartment building, temporary resettlement of citizens is carried out in a maneuverable fund. The authors of the Methodological Guidelines for the protection of the rights of participants in the reconstruction of residential buildings of various forms of ownership in 1998 pointed to the need to adopt regional laws “On the protection of the rights of citizens while preserving and updating the housing stock”, territorial regulations - Regulations on the procedure and conditions for the provision of residential premises during resettlement of citizens from houses subject to demolition, reconstruction or major repairs. In their recommendations, as analogues, they indicated Law No. 28-51 “On the protection of citizens’ rights in the implementation of urban planning decisions in the city of Moscow”, adopted by the Moscow City Duma on June 25, 1997, and the Regulations on the procedure and conditions for the provision of residential premises when resettling citizens from houses, subject to demolition, reconstruction and major repairs in the city of Chelyabinsk, adopted by decision of the Chelyabinsk City Duma dated July 1, 1997 No. 11/12. Based on these recommendations, municipalities developed their own regulations on the procedure for relocating citizens, in particular, the Decree of the Orenburg city administration dated 02/08/2011 No. 619-p approved the Regulation “On the procedure for providing residential premises to citizens evicted from unsuitable residential premises and multi-apartment emergency houses of the housing stock located on the territory of the municipal formation "City of Orenburg".

The procedure for providing residential premises in connection with major repairs or reconstruction of a house is regulated by Article 88 of the Housing Code of the Russian Federation and provides for the relocation of the tenant and his family members to the residential premises of the flexible fund and back at the expense of the landlord or the provision of other comfortable premises with the conclusion of a social tenancy agreement. In relation to citizens who own residential premises on the basis of a rental agreement and owners of residential premises, the courts apply the law by analogy. Thus, in the appeal ruling of the Murmansk Regional Court dated January 19, 2016 No. 33-8/2016 on the claim of the administration of Murmansk against citizen K., who is the owner of a residential premises, for eviction from the residential premises for the period of repair work, compulsion to provide access to residential premises, the judicial panel for civil cases found that “Part 4 of Article 3 of the Housing Code of the Russian Federation allows eviction from a home or restriction of the right to use housing, including the right to receive utilities, on the grounds and in the manner that provided for by the said Code, such grounds include the grounds specified in Article 88 of the Housing Code." Appeal The administration of the city of Murmansk was satisfied, and the court ordered citizen K. to be moved to a residential premises of the maneuverable fund for the duration of major repairs according to the rules of Part 1 of Article 88 of the Housing Code of the Russian Federation.

Upon completion of reconstruction or major repairs of an apartment building, citizens who were provided with residential premises of the maneuverable fund are obliged to vacate them and, at the expense of the landlord, move to the residential premises previously occupied by them. The exception is cases when, as a result of reconstruction or major repairs, the area of ​​residential premises provided under a social tenancy agreement changes. If the area is reduced and, as a result, the tenant and family members living with him may be recognized as needing to improve their living conditions, or the area increases, significantly exceeding the norm for the provision of residential premises, then the landlord, in advance, before the start of major repairs or reconstruction, must provide the tenant with suitable premises to conclude a new social tenancy agreement. In this case, we can talk specifically about resettlement from dilapidated housing. When making a decision on the reconstruction of residential premises owned by citizens, in the opinion of P.V. Krasheninnikov, the size of this residential premises cannot be changed without his consent. In this case, when making a decision on the reconstruction of residential premises, the state authority or local government body must obtain the consent of the owners of these premises for such reconstruction. If the owner of a residential premises does not agree that his premises be changed, then such reconstruction is impossible. Resolution of the Plenum of the Armed Forces of the Russian Federation dated July 2, 2009

No. 14 “On some issues that arose in judicial practice when applying the Housing Code of the Russian Federation" it is stated that when resettling owners from residential premises in houses subject to reconstruction or major repairs in the event of disputes arising when the area of ​​​​the living space changes as a result of work performed, the court has the right, based on the norms of Article 7 of the Housing Code of the Russian Federation on the application of housing legislation on By analogy, apply to the above-mentioned relationships the provisions of Part 1 of Article 32 of the Housing Code of the Russian Federation on the seizure of residential premises from the owner through redemption or on the provision of another residential premises to him with the offset of its value in the redemption price.

Thus, when an apartment building is recognized as subject to reconstruction or major repairs, in the common sense, called “dilapidated,” the resettlement of citizens is temporary and depends on the availability of free residential premises of the flexible stock. If necessary and with the consent of tenants and owners of premises, it is possible to relocate them and their family members to other residential premises on a permanent basis.

If a decision is made to recognize an apartment building as unsafe and subject to demolition, the body that made such a decision indicates the time frame for the resettlement of citizens from the unsafe building. This will determine when rental contracts with the tenants of the premises will be terminated, and the owners will be required to demolish the dilapidated building. The assigned deadlines for resettlement cannot be made dependent on the availability of a plan and the deadline for the demolition of the house if, when considering the materials of the case on recognizing an apartment building as unsafe, it is established that the residential premises pose a danger to life and health due to their emergency condition or for other reasons .

For tenants under a social tenancy agreement, executive authorities or local governments must provide another comfortable residential premises under a social tenancy agreement of an equivalent area within the boundaries of the same locality. The legislator means the total area of ​​the premises, not the living area. If resettled citizens are registered as needing residential premises or have the right to be registered, then the premises are provided to them according to the provision norm. Paragraph 2 of Article 89 of the Housing Code defines the right of the tenant and members of his family living with him to demand the provision of separate apartment or residential premises consisting of the same number of rooms in communal apartment, as before eviction, if they occupied a separate apartment or at least two rooms. The number of rooms is taken into account only when moving out of a communal apartment and moving into a similar one. If eviction occurs from an apartment, then the number of rooms in the provided residential premises is not regulated by law. With the written consent of the tenant, the newly provided residential premises may be located in another locality. The landlord has the right to force citizens who refuse to terminate a social tenancy agreement without objective reasons to terminate the agreement and evict them by filing a claim in court. An example is the absentee decision of the Chkalovsky District Court of Yekaterinburg in case No. 2-1433/2013 dated

03/29/2013 in accordance with the claim of the Administration of the city of Yekaterinburg, the Administration of the Chkalovsky district of the city of Yekaterinburg against the tenant under a social rental agreement for one room in a corridor-type house K. for eviction from the emergency residential premises occupied by him with the provision of another residential premises - one room larger area, located in three-room apartment. The court, having studied the case materials, did not establish circumstances that would prevent the defendants from being evicted into the comfortable living space provided to them - a room in a three-room apartment, and satisfied the plaintiffs' claims, considering them legal and justified. While observing all the norms established by law regarding the amenities of the new residential premises, location in the same locality, compliance with the area and number of rooms, the appropriateness of the norm allowing the relocation of citizens to a separate room in the apartment remains in doubt. Thus, the long-term prospect of the existence of communal apartments is legally established.

Things are a little different with residential property owners. Recognition of an apartment building as unsafe and subject to demolition or reconstruction, in accordance with Art. 32 of the Housing Code of the Russian Federation, is the basis for the body that made such a decision to present a demand to the owners of the premises in the specified house for its demolition or reconstruction within a certain period.

If the owners of premises in a dilapidated building carry out its demolition within the period given to them, land plot remains in their common shared ownership. They have the right to make a collective decision to build a new apartment building or dispose of the land plot in any other legal way.

Current practice shows that owners are not able to independently reconstruct or demolish a house due to various reasons Therefore, most often a land plot is withdrawn for municipal needs at the end of the period established by the decision of the local government body. In this case, in accordance with clause 1 of Article 32 of the Housing Code of the Russian Federation, residential premises are confiscated from the owners, except for premises owned by municipal property to an entity. The mandatory procedure preceding the seizure of residential premises from the owner includes the adoption by the authorized body of a decision on the seizure of residential premises, notification in writing to the owner of the residential premises no later than a year before the upcoming seizure of the residential premises belonging to him the decision taken about seizure. In this situation, a legally significant circumstance is not only the fact that the specified notice was sent to the owner of the residential premises by the competent authority, but also the fact that the owner received such a notice. Therefore the message in the media mass media(for example, on television, radio, in print media) about the seizure of residential premises from a specific owner cannot be recognized as proper notification of the owner about the upcoming seizure of this residential premises.

For owners of seized residential premises on this moment There are two options for the development of events. They depend on whether the apartment building, recognized as unsafe and subject to demolition, is included in the targeted program for relocating citizens from emergency housing stock.

The housing rights of the owner of residential premises in a house not included in the targeted program for the relocation of citizens from emergency housing stock are ensured in the manner prescribed by Article 32 of the Housing Code of the Russian Federation, that is, by purchasing the seized residential premises. The owner of residential premises in a house included in the regional targeted program for the resettlement of citizens from emergency housing stock, by agreement with the executive authority or local government that made the decision to seize the residential premises, instead of paying the redemption price for the seized residential premises, another comfortable residential premises may be offered premises on the right of ownership with its value included in the redemption price. In this case, the owner is paid the difference between the cost of the previous and new residential premises, if the value of the residential premises transferred into ownership in exchange for the seized housing is lower than the redemption price of the seized residential premises. In the event that the cost of the premises provided is higher than the redemption price of the seized premises, then payment of the difference in price can be assigned to the owner only by agreement of the parties.

According to the rules, part 7 of article 32 of the Housing Code of the Russian Federation, the redemption price of the seized residential premises includes the market value of the residential premises, losses caused to the owner by the seizure of this premises, including lost profits, as well as the amount of compensation for non-production major renovation. The redemption price can be divided into two parts:

• a) the market value of the residential premises, including the value of the share in ownership of common property in subject to demolition apartment building, including the cost of a share in the ownership of a land plot under an apartment building. The inextricable relationship between the right of ownership of premises in an apartment building and the right of common shared ownership of common property in such a house, including a land plot, is established in the provisions of Articles 36-38 of the Housing Code of the Russian Federation and Art. 290 Civil Code of the Russian Federation.
• b) losses incurred by the owner as a result of the seizure of residential premises, established by clause 7 of Article 32 of the Housing Code of the Russian Federation.

That is, the owner has the right to monetary compensation for the costs of relocating from a dilapidated house, in contrast to a citizen living on the basis of a social tenancy agreement, whose relocation to the residential premises of the maneuverable fund and back is carried out at the expense of the landlord only when the residential premises are provided in connection with the capital home repair or reconstruction.

Forced seizure of residential premises is permitted on the basis of a court decision on a claim brought against the owner who has not entered into an agreement on the seizure of real estate for state or municipal needs, during the validity period of the decision on the seizure of the land plot on which such residential premises are located or an apartment building is located, in in which such residential premises are located, but not earlier than before the expiration of three months from the date the owner of the residential premises received the draft agreement on the seizure of real estate. The owner will be paid the redemption price determined by the court decision.

The considered relocation procedure applies to apartment buildings that are subject to relocation programs, that is, recognized as emergency before 01/01/2012 and not included in such programs. And if in the first case financing is provided by municipal and regional budgets in conjunction with

Fund for Assistance to Housing and Communal Sector Reform within the framework of Law No. 185-FZ, then for dilapidated houses recognized as such after

On January 1, 2012, regions have to look for their own ways to solve emerging problems. Especially if, when considering the materials of the case on recognizing an apartment building as unsafe, it is established that the residential premises pose a danger to life and health due to their disrepair.

A solution in this case may be to indicate in regional resettlement programs, targeted or comprehensive housing programs the need to attract investment in the development of engineering infrastructure in areas released after the liquidation of the emergency housing stock, allowing to increase their sales value and thereby providing additional resources for the resettlement of citizens from emergency housing. It is necessary to provide for alternative possibilities for the further use of seized areas, including the sale of areas that do not have engineering communications, with the developer’s obligations to ensure their construction. Features of attracting investments are the rapid investment of funds in development engineering systems and thereby in the liquidation of the emergency housing stock and the return of these funds on acceptable terms over a long period of time.

Sources of investment resources in the future should be bank loans, municipal/regional bond loans, capital investments within investment programs, including engineering infrastructure facilities financed under concession terms.

In the Orenburg region, in order to increase the accessibility and comfort of housing, the quality of housing provision for the population, there is a State program “Stimulating the development of housing construction in the Orenburg region in 2014-2020”, adopted by the Decree of the Government of the Orenburg region dated

08/30/2013 No. 737-pp.

In order to arouse commercial interest among a potential investor, it is necessary to have information about the land plots on which the emergency housing stock is concentrated, from the point of view of the possibility of carrying out urban planning and engineering work on them. In municipalities, it is advisable to talk about the concept of reconstruction of individual territories, approaches to their transformation from the standpoint of attractiveness for investors, residents and the municipality as a whole. Depending on the reconstruction strategy, urban planning regulations for the zone are established, specifying the types and parameters of permitted use of real estate. To increase the investment attractiveness of housing and communal infrastructure, it is necessary to provide conditions for reducing the risks of potential investors.

Summarizing the consideration of the stages of implementation of programs for relocating citizens from dilapidated and dilapidated housing, it is worth noting that each stage has its own characteristics associated with the subject composition, methods of implementation, and procedural features. The nature and resolution of disputes arising during the implementation of resettlement also depends on which of these stages they appear.

List of used literature

• 1. About the Fund for Assistance to Housing Reform utilities [Electronic resource]: federal Law of July 21, 2007 No. 185-FZ. // ConsultantPlus: legal reference system. - Moscow: JSC ConsultantPlus, 1997-2017. - Access mode: http://www.consultant.ru.
• 2. On the federal target program “Housing” for 2015-2020 [Electronic resource].: Decree of the Government of Russia. Federation dated December 17, 2010 No. 1050 // Consortium Code. - St. Petersburg: Codex JSC, 2017. - Access mode: http://docs.cntd.ru.
• 3. On approval of the state program of the Russian Federation “Providing affordable and comfortable housing and utilities for citizens of the Russian Federation” [Electronic resource].: Decree of the Government of the Russian Federation. Federation dated April 15, 2014 No. 323 // Consortium Code. - St. Petersburg: Codex JSC, 2017.- Access mode: http://docs.cntd.ru.
• 4. Panin, A. N. Commentary on the Federal Law of July 21, 2007 No. 185-FZ “On the Fund for Assistance to the Reform of Housing and Communal Services” (item-by-item) [Electronic resource]. / A. N. Panin, V. Yu. Korzhov / ed. E.A. Kameneva // Information and legal portal GARANT.RU. - Moscow: NPP GARANT-SERVICE LLC, 2017. - Access mode: http://base.garant.ru.
• 5. Article-by-article commentary to the Housing Code of the Russian Federation / Ed. P. V. Krasheninnikova. - Moscow: Statute, 2012. - 620 p.
• 6. Housing and communal services reform [Electronic resource]. / State Corporation - Fund for Assistance to Housing and Communal Services Reform. - Access mode: https://www.reformagkh.ru.
• 7. Appeal determination Murmansk Regional Court dated January 19, 2016 No. 33-3914/2015 33-8/2016 [Electronic resource]. // Reference and legal system Pravo.gi. - Moscow: LLC SPS Pravo.ru, 2017. - Access mode: http://docs.pravo.ru.
• 8. On some issues that have arisen in judicial practice when applying the Housing Code of the Russian Federation [Electronic resource].: Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14. // ConsultantPlus: legal reference system. - Moscow: JSC ConsultantPlus, 1997-2017. - Access mode: http://www.consultant.ru.
• 9. Decision of the Chkalovsky District Court of Yekaterinburg dated
• 03/29/2013 in case No. 2-1433/2013 [Electronic resource]. // Codex Consortium. - St. Petersburg: Codex JSC, 2017. - Access mode: http://docs.cntd.ru.

Relocation from dilapidated housing of ownersToday it is one of the priorities in the state’s housing policy. This is due to many reasons; but the main thing is that it is better to prevent the problem than to spend money on restoring the ruins later.

Where does dilapidated housing come from and what is it?

The legislator assigned the responsibility for carrying out major repairs of the house to its residents. However, not all houses accumulate a sufficient amount Money, which could be spent on restoring the home.

Years go by, housing is collapsing... Citizens do not have money to purchase new housing, so they continue to live in disrepair conditions.

Despite the fact that the definition of dilapidated housing is not fixed anywhere in law, it can include premises whose total wear and tear amounts to wooden buildings and attics - no less than 65%, in brick ones - no less than 70%. At the same time, the main supporting structures make it possible to maintain the stability of the building, but it no longer meets the operational requirements.

The main difference between dilapidated housing and dilapidated housing is that in dilapidated housing, despite the existing wear and tear, you can live, but in dilapidated housing there is real threat collapse of structures.

Therefore, in order for housing to be recognized as dilapidated, it is necessary to assess the degree of its wear and tear. This is done by specialists, but again in approximate values, since there is no exact formula for calculating the degree of wear. Therefore, the decision to recognize housing as dilapidated is made by officials of authorized bodies, or rather, by a specially created interdepartmental commission.

The main regulatory legal act in this matter is the Decree of the Government of the Russian Federation dated January 28, 2006 No. 47. In addition, programs for the resettlement of citizens from dilapidated housing are approved at the level of individual entities.

Relocation from dilapidated housing of owners

In accordance with the regulation “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 Government Resolution No. 47, for recognizing housing as dilapidated and making a decision on the subsequent eviction of residents from it, at the level subject and/or municipality, an interdepartmental commission is created.

The procedure for contacting the commission is as follows: the owner of the premises or the tenant writes a statement declaring the apartment unsuitable for further residence.

Another way to contact the commission is to submit a conclusion from the body that is authorized to exercise supervision and control over the condition of residential premises about the non-compliance of housing with the standards provided for in the law.

Along with the application, the following documents are submitted to the commission:

• copies of papers confirming the applicant’s rights to residential premises;
• project for the reconstruction of the premises (if the premises are non-residential, but it must be recognized as residential);
• act of assessment of residential premises by an expert organization;
• other documents at the discretion of the applicant, for example, complaints from other residents about unsatisfactory living conditions.

The application can be submitted in person, sent by mail, through the MFC or the Government Services Portal.

After the application and documents are submitted for consideration, the commission examines them within 30 days and decides on the need for an additional inspection of the residential premises (house).

The commission may make one of the following decisions:

• the premises are suitable for habitation;
• the premises need major renovations;
• the premises need to be reconstructed or redeveloped;
• the housing does not comply with the standards established by law and is therefore unsuitable for habitation;
• the house is recognized as unsafe and subject to demolition;
• the house is considered to be in disrepair and is subject to reconstruction.

The commission may decide that the premises are unsuitable for habitation and resettle the residents. Based on this decision, an order of the executive body of state power is issued, which prescribes specific order resettlement.

If the application is submitted by mail or sent through the State Services Portal, the commission sends it to the applicant, the landlord or the relevant government agency within 5 days from the date of making the relevant decision.

The procedure for relocating from dilapidated housing

The procedure for eviction from dilapidated housing depends on which category the housing belongs to:

• private housing stock;
• state;
• municipal.

Upon eviction, a citizen may qualify for the following compensation measures:

• provision of other housing under a social rental agreement;
• provision of equivalent residential premises (if the owner is evicted);
• payment of the redemption price.

1. Provision of housing under a social tenancy agreement

Residential premises provided under a social tenancy agreement must be in the form of a separate apartment in the social use fund (or room).

Moreover, the size of the housing provided must correspond to the living space standards that the family is entitled to on the day the eviction order was issued, and cannot be less than the area that was in old apartment.

In addition, housing must be provided within the city and the area where the previous apartment was located, except in cases provided for by law.

If citizens whose house is subject to demolition do not want to terminate the social tenancy agreement, the public authority has the right to go to court. The court decision indicates forced eviction with the provision of appropriate premises.

2. Providing equivalent living space

When providing housing to the owner, the following factors should also be taken into account: size total area and the number of rooms is no less than in the previously occupied apartment.

3. Payment of the redemption price

Article 32 of the Housing Code provides that a citizen may be paid a redemption price instead of the housing provided in the event of eviction.

The redemption price includes the market value of the apartment plus losses incurred by the owner in connection with the move, registration of title documents for the apartment, including lost profits. Compensation for failure to carry out major repairs is added to the amount received.

But an agreement can be concluded with the owner that instead of the seized housing, he is provided with another, and its cost is included in the redemption price.

If the price does not suit the owner, he has the right to discuss this issue with representatives of the relevant government authority. But if the owner still refuses the redemption price, then the authority has the right to go to court.

The court decision will indicate the redemption price that is paid to the owner. Enough a large number of legal disputes are due to the fact that the state artificially lowers the redemption price, and since the owner has nowhere to go, he is sometimes forced to agree to such enslaving conditions. Those who disagree go to court.

For example, there are cases related to determining the component of the redemption price. In particular, since the house is located on a plot of land, the purchase price should also include the cost of this plot. Some courts support this position, arguing that the accessory (land plot) must follow the fate of the main thing (apartment), and accordingly, this point should be taken into account in the redemption price.

IMPORTANT! Despite the fact that Article 32 of the Housing Code of the Russian Federation regulates the procedure and consequences of the seizure of housing for state and municipal needs, its provisions also apply to cases of relocation of citizens from dilapidated housing, provided that it is owned by the persons living in it.

Eviction from dilapidated housing during major repairs or reconstruction

If, during major repairs or reconstruction, it is necessary to evict the tenants, the landlord is obliged to provide them with another place to live.

Housing for the duration of the work is provided from the so-called maneuver fund. Article 95 of the Housing Code clearly provides that the premises of the flexible fund are intended:

• for citizens who live under social rental contracts in premises where major repairs or reconstruction are planned;
• citizens who have lost the right to premises due to failure to fulfill obligations under contracts in which housing acted as collateral;
• citizens who lost their only home due to emergency circumstances;
• in other cases provided for by law.

NOTE! Those who do not agree to eviction may be forcibly evicted based on a court decision.

The tenant retains the right to return to the repaired and reconstructed premises, regardless of how long the work lasted.

But there are exceptions to this rule: a citizen cannot return to a previously occupied premises if, after repairs/reconstruction, the area of ​​the premises has been changed so much that the living space standards per person are not met. The opposite situation is also possible - when the area becomes larger and the standard of living space per person increases, then they also refuse to move in.

“Other comfortable premises” - what is it and where to look for it?

Any premises that are provided to replace the existing one must meet technical, sanitary, fire and other standards set out in the relevant regulations legal act, and be located in the same locality.

Separate requirements are imposed on the livability of the premises.

Let's take a closer look at the signs of livability:

• The level of amenities is determined based on the average level that exists in a given locality. Here we are talking about utilities, apartment layout, presence/absence of an elevator, etc.
• The premises must be equivalent in area to the premises occupied previously. That is, even the number of rooms must match. Moreover, the option of replacing a previously isolated apartment with several rooms in a communal apartment is not allowed.
• Housing must meet all requirements established by law.
• The premises must be located within the boundaries of the locality where the old apartment was.

In each specific case of providing housing, the level of amenities must be taken into account: what is suitable for housing in rural areas, then a city dweller may not like it.

Resettlement of dilapidated housing: reality as it is

The President of the Russian Federation ordered the resettlement of all citizens living in dilapidated housing by 2017. The mechanism worked: government resettlement programs received additional funding, plans and queues for resettlement were drawn up - everything seemed to go as it should.

But in practice, people are faced with big problems. As a rule, resettlement from dilapidated housing occurred to completely new microdistricts. They are not yet equipped with infrastructure, without which it is quite difficult to live.

But this is not the main problem: in big cities There is quite a bit of building space, but it needs to be built. They found a way out: not in breadth, but upward. Now, on the site of the former 5-story buildings, buildings of 20 floors and higher have risen. But no one has canceled construction standards; and each area has its own requirements for the number of storeys of buildings. Therefore, not everything is good that is built quickly.

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 resettled in 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, unsuitable for living. 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 individual program regional development. 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, with 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 technical condition their home is uninhabitable, 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. After receiving 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 one-room apartment area 44-50 sq. 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, there are no apartments in the local housing stock required sizes) an additional apartment is allocated.

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

7. New housing must be located on the same territory administrative district, as an emergency object. 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 instead new apartment the owner wants to receive monetary compensation, he can write a corresponding statement. 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 provided only 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 footage was significantly below the established norm, upon relocation he will receive an apartment with standard 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.

The resettlement of citizens is carried out thanks to a program created by the Russian government.

The program was created to implement comfortable and favorable living conditions for citizens of the Russian Federation. After all, the creation of a favorable environment is one of the main factors; the Russian government attaches great importance to the program. A considerable amount of funds has been allocated for its implementation.

The program contains the following provisions:

• the total stock of buildings subject to demolition includes buildings classified as unsafe at the beginning of 2007;
• the finance fund allocates material resources to support this program;
• a number of comprehensive measures to resettle citizens.

The funds that were allocated for the implementation of this program are allocated free of charge.

The program must indicate:

• housing that was considered unsafe before the beginning of 2007;
• the budget allocated by local authorities of the given area for the implementation of the program;
• the scope of this program;
• methods of resettlement and problem solving according to housing and communal services reform.

The resettlement program must be completed before 2017; other cases are considered individually.

The legislative framework

Programs adopted at this level, legislative documents of the Russian Federation, Resolution No. 47.

The housing relocation program is implemented by the main executive body

How to find out the list of houses for resettlement

To find out if your home complies with the standards adopted in 2015 - i.e. whether he is on the list for resettlement, you need:

1. Check whether the documents for the house are completed correctly.
2. A commission is appointed to inspect the property.
3. The work of the interdepartmental commission is assessed.
4. After the assessment, an act is concluded and the conclusion of the interdepartmental commission is issued.
5. If the commission approves the application, the house is included in the register of unsuitable housing.

Register of unsuitable housing - it contains all buildings that by 2015 were approved by the interdepartmental commission as dilapidated.

The list of emergency housing should be available to all residents of the Russian Federation, without exception, and published on the official website of the administration of the locality.

To find out the list of houses for resettlement, in the absence of the Internet, you need to contact your local government.

Objects that belong to emergency housing:

• premises in which permissible sanitary standards are exceeded;
• there is a large concentration of harmful chemical or biological substances near a building or premises;
• premises that are located at close or unacceptable distances to power lines;
• if there is a highway near the object and the noise levels from it exceed the permissible standard.

Dilapidated housing is the condition of the premises, the wear and tear of which is seventy percent for a building made of stone and sixty-five percent for a building made of wood. Even if the building structure provides rigidity, the building does not meet housing standards. , if more than 2/3 of its premises are considered unsuitable for habitation.

Wooden houses are considered dilapidated if their wear is 65%, stone houses are considered dilapidated if their wear is 70%.

If the percentage of wear and tear of a building reaches seventy percent or more, this does not mean that the building will be subject to demolition. An interdepartmental commission decides which houses are subject to resettlement.

But the following are not considered unsuitable for habitation:

1. One- or two-story buildings without sewerage and hot water, premises in buildings that do not meet housing standards.
2. To identify the list of houses subject to resettlement, an interdepartmental commission is created, which decides what future fate awaits the house.

Required documents

When applying, the home owner must attach the following documents:

• copies of property rights;
• a decision by a special organization to recognize a house as dilapidated or unsafe;
• decision of a design or engineering organization with competence in this matter to recognize the load-bearing structures of buildings as non-compliant with standards;
• If necessary, attach other documents.

In addition to these documents, the applicant must attach complaints from the other residents of the house; a period of 30 days is given for consideration of these documents.

To submit a document, the applicant:

• can deliver the document by visit;
• send the document by mail;
• posting the document on the government services website;
• through the municipal authorities dealing with this issue of your city.

After submitting the application, the commission is obliged to respond to the applicant within five days - send a copy of the conclusion, but if living in this emergency room is harmful to the lives of the people living in it, the commission is obliged to respond the next day.

House relocation procedure

Resettlement is an important issue in civil law. Settlement standards are not always implemented in reality. Due to the activities of the ruling authorities, residents of emergency housing continue to live in emergency conditions, although there is the possibility of resettlement.

What are the pros and cons monolithic houses, you will learn in this material:

The commission checks the package of documents, examines the housing, inspects the premises and draws up a conclusion.

Higher authorities make a decision to recognize the housing as dilapidated or subject to demolition, a conclusion that the load-bearing structures of the building do not meet the standards.

The commission may issue the following conclusions:

• conclusion on the suitability of housing for habitation;
• decision on the need to redevelop or change certain parts of the building;
• major renovation of the building;
• a decision to declare the building unfit for habitation, that is, unsafe;
• reconstruction of the building;
• the decision to demolish the building, since its reconstruction or redevelopment is pointless.

If the house is already on the housing and communal services list under the resettlement program, you should just wait for your turn.

You can also use the help of an interdepartmental commission - write an application or invite a commission. After the inspection by the commission, the house will be inspected by an interdepartmental commission, which will decide future fate Houses.

When deciding and accepting a house as emergency, resettlement must be carried out in short time specified in the resettlement program.

If the commission recognizes the house as not in disrepair, but there is significant evidence that the house is in disrepair, it is necessary to appeal the decision of the interdepartmental commission in court.

Nuances

When relocating, citizens must be provided with:

• housing should be provided in the same area where the unsafe or dilapidated one was located;
• in another area, housing can be provided only with the consent of the owner of dilapidated housing;
• the number of premises must correspond former number premises in an old apartment or house;
• the area of ​​the allocated premises must also correspond to the old area;
• also in the new issued premises all communications must be present - electricity or gas, hot water, heating, in houses with big amount apartments must have an elevator.

In addition to the fact that residents of emergency housing are provided with new housing instead of emergency housing, in some regions of the Russian Federation monetary compensation is attached to new housing.

Relocation to new housing is controlled by housing and communal services and is carried out on the basis of the housing code.

If the family lived in a communal apartment or dormitory, it is provided with premises with the same number of rooms as before.

One of the most problematic areas of life for almost every person in the country is improving living conditions. Unfortunately, the situation in the country’s economy is such that it is not possible to independently purchase an apartment or house with your own funds.

But those people who were able to acquire their own housing may also need additional support. Due to the unsatisfactory condition of the housing stock, especially in the old parts of cities, the city authorities regularly resettle citizens from emergency housing stock.

Which houses are subject to resettlement?

According to the norms of Russian legislation, only those dilapidated houses that are recognized as unfit for living in accordance with the procedure defined at the legislative level are subject to resettlement.

Owners are given the right to receive a new apartment only in cases where the property is owned by the municipality.

Owners of privatized residential premises can also count on new residential premises, but only in certain cases:

1. A permanent citizen lives in an apartment building in disrepair.
2. If a person owns a private house, properly privatized, but located on a plot owned by the municipality.

The rules for relocation from dilapidated and dilapidated housing are determined at the level of federal legislation. Some issues in this area must be resolved at the local level.

Who can apply

When providing citizens with new residential premises, the municipality takes into account the grounds for using emergency real estate:

1. If an apartment in a dilapidated building was owned by a person, then after resettlement he is paid compensation in the amount of the value of the property.
2. If a citizen rented an apartment under a social tenancy agreement, he is provided with a similar real estate condition in which he can live under the same conditions.
3. If a person rented a living space, and the house was declared unsafe, then his contract with the tenant is canceled due to force majeure.

At the same time, a citizen who claims to receive new real estate must have all the grounds for such a requirement. If a person does not have the opportunity to confirm his right to resettlement, this issue can only be resolved through the court.

Attention! As a rule, the delay in resolving such issues is due to difficult situations when the actual owner is busy lawsuits due to problems in determining the ownership of real estate to one person or another.

Conditions for relocation from emergency housing

Local authorities have the right to provide their own specific deadlines for the resettlement of a residential apartment building. At the legislative level, there is no liability for failure to comply with these deadlines, which, unfortunately, is often abused by unscrupulous officials.

However, delay in the relocation of people living in the house may not only occur due to the negligence of authorized officials. Often, the reasons for such suspensions are the inability to find equivalent residential premises.

Residential premises into which citizens will subsequently be relocated from the house being resettled are purchased by local authorities at auctions and through competitions.

For citizens

Citizens are the actual owners of municipal residential premises who have the right to move to a new apartment under a social tenancy agreement.

At the same time, housing provided to citizens for living must be equipped with all necessary communications and located within the boundaries of the same locality.

Attention! If the municipality manages to reach an agreement with the citizen, the latter may be provided with housing in another locality. How comfortable an apartment is is determined by regional legislative acts.

Do you need information on this issue? and our lawyers will contact you shortly.

For owners

For the relocation of apartment owners to new house, owners of residential premises must contact the administration of their municipality and provide a statement requesting that their house be declared unsuitable for permanent residence.

In addition to the application, the following documents must be submitted to the specialist:

1. Technical passport of the residential premises.
2. Documents confirming the existence of ownership rights to real estate located in a house recognized as unsafe.
3. Certificate of inspection of the condition of the house over the past 3 years, list of work performed.
4. Conclusion from supervisory authorities, firefighters.
5. A statement that the apartment building is not suitable for permanent residence.

Within 30 days after receipt of documents, they are reviewed by a specialized commission. If it is necessary to verify the authenticity of the information provided, after this period an additional inspection of the house may be carried out to ensure compliance with safety and sanitary standards.

From the housing stock

The resettlement of people from residential premises recognized as emergency can only be carried out in accordance with the target program approved at the legislative level and to those residential premises that are in the municipal fund.

If the municipality does not have the opportunity to provide the owner with similar housing, it is possible to purchase residential premises during the construction stage, but only if no more than 30 percent of the work remains until completion.

Forced relocation

Unfortunately, the results of resettlement quite often do not satisfy citizens due to the fact that the new housing is smaller in size and is not equipped with amenities. Such issues can be resolved forcibly only through the courts.

The court decision must reflect specific deadlines for relocating people from an apartment building, as well as requirements for new residential premises.

Resettlement program

The program must contain the following prerequisites:

1. Timing for its implementation.
2. Justification of costs.

Rules

In each region of the Russian Federation, a list of houses that are in disrepair and declared unsuitable for permanent residence must be compiled.

As a rule, local authorities try to resettle as quickly as possible those houses where there is a real threat of collapse, because delay in this case can result in human casualties.

Conditions

The program must reflect information about the exact amount of funding. In particular, the allocation of funds for the resettlement of citizens can be made from the local and regional budget.

Sequence

The order in which people will be resettled from housing deemed unsafe is determined by local authorities. Those houses in which there is a real danger of collapse are being moved out of the queue. However, this requires the presence of a corresponding executive document from a local or regional government authority.

Resettlement procedure

Providing housing for social rent

According to the norms of Russian legislation, persons who fell under the program of relocation from dilapidated housing have the right to use new property without registering ownership.

In this case, registration of the right to own an apartment is possible under a social tenancy agreement, on conditions predetermined and agreed upon with the citizen.

Providing equivalent living space

The transfer of new housing to people is allowed only in cases where such citizens are provided with an apartment with all communications and other amenities for comfortable permanent residence.

By agreement of the parties, a person can receive an equivalent apartment in another locality, but in the same region of the country.

Payment of the redemption price

As a rule, this method of relocating a person from emergency housing applies only to the owner of the apartment. The payment amount is calculated based on the cost square meter living space.

Of course, some of these agreements end in legal disputes, since the person categorically disagrees with the calculated amount.

Notification

The notice contains information that a person living in an emergency apartment building needs to prepare to move. In this case, the document must indicate specific terms for the move and the address of the new home to live in.

Violations of the law

Many violations of the law can be committed by the municipality:

1. Unreasonable underestimation of the purchase price of the apartment.
2. Instead of an apartment, the owner is given a room in a communal apartment or in a dormitory.
3. A person is provided with housing that is smaller in area than the previous one.

Required documents

Resolution

This distribution document must contain an exhaustive list of residents who have the right to receive a new apartment. In addition, the resolution must reflect:

1. Deadlines for moving.
2. Activities undertaken by local authorities to organize such an event.
3. Persons responsible for relocating residents to a new address.

Agreement

The contract reflects information about the redemption value of the real estate, as well as the person’s consent to take ownership of the new apartment.

The conclusion of the contract must be carried out in strict accordance with the norms of Russian civil legislation, taking into account the norms of the Housing Code.

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Moving dates

The exact time frame within which measures for the resettlement of citizens must be carried out is determined in all documentation. The delay in such deadlines can be stopped by filing a statement of claim by the interested party.

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Video about the program for relocation from dilapidated and emergency housing

February 24, 2018, 00:39 March 3, 2019 13:38