Resettlement of citizens of emergency housing year. Relocation from dilapidated and dilapidated housing. Disorders during resettlement

The state program “Relocation from dilapidated and dilapidated housing” was developed in 2002 with the aim of providing citizens living in houses subject to demolition and unsuitable for habitation with more modern and safe housing. The program clearly stipulated the time frame in which it should be implemented, but taking into account the fact that even after the extension of the federal program, the resettlement from hazardous and dilapidated housing was never fully implemented, so the state program will now be implemented at the regional level taking into account the characteristics of each specific region. This document marked the beginning of the housing reform, the completion of which is scheduled for 2019-2020, depending on the specifics of the implementation of the reform in each specific region.

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Legislative regulation of the issue

The following legislative acts are the legal basis for resolving issues regarding the resettlement of citizens living in emergency and dilapidated residential premises, recognized as such by an interdepartmental commission in the manner prescribed by law:

Federal Law No. 188-FZ "Housing Code of the Russian Federation" (dated December 29, 2004).
Federal Law No. 185-FZ "On the Fund for Assistance to the Reform of the Housing and Communal Services" (dated 27.07.07).
Decree of the Government of the Russian Federation No. 47 "On approval of the Regulation on the recognition of premises as residential premises, residential premises unsuitable for living and an apartment building as emergency and subject to demolition or reconstruction".
State program "Housing", adopted and entered into force in 2002 (it was designed for 8 years - from 2002 to 2010, but its implementation was delayed, as a result of which the program was extended until 2017).
Resolutions of regional (regional) governments, etc.

Since the State Program "Housing", the term of which was once extended, was not fully implemented due to objective reasons, it was decided to extend its term until 2020, but at the regional level and on the following conditions:

by September 30, when the program was supposed to end, local authorities had to fulfill the plan and complete the resettlement of citizens from the housing stock, which is in critical condition;
this resettlement (until the end of September 2017) will be funded from the federal treasury;
all constituent entities of the Russian Federation are obliged to develop and adopt regional programs for the relocation of residents from emergency and dilapidated residential premises for a period of three years, that is, the end of the program will take place in 2020.

The decree of the Government of the Russian Federation defines the criteria for assessing residential buildings for their suitability or unsuitability for use and people living in them. Articles 32, 85 and 86 of the Housing Code of the Russian Federation regulate the rights of owners and persons living in an emergency dwelling on the basis of a social employment contract.

The essence and duration of this program

When developing and adopting a program for the relocation of residents from an emergency dwelling, it was planned that during the operation of this program, all citizens of the Russian Federation living in unusable and life-threatening buildings would be relocated to more modern and safe residential private buildings and apartments. But the mission turned out to be impracticable in such a short time, so the program was extended until September 30, 2017. It was before that day that the resettlement plan had to be completed, after which the regional governments had to continue this activity, but already at their own level, having developed a special program for this.

The constituent entities of the Russian Federation are developing individual programs for the resettlement of residents from the emergency housing stock for a period from 2016 to 2020 inclusive (the year when the implementation of the program should completely end). According to the Program "Modernization of municipal infrastructure facilities" regional programs for the resettlement of residents of emergency buildings and reforming the housing stock will be financed from the federal budget.

Important! The term of the program for the resettlement of residents from dilapidated and dilapidated housing should end in 2020, but later it was decided to shift the dates until 2019. By the time this program is completed, all owners of hazardous residential real estate should receive and move into new housing.

Who is carrying out the resettlement

According to the Program “Resettlement of Citizens from Emergency Housing Stock”, the provision of new, more modern and safe housing that meets all safety requirements and standards is absolutely free, as well as payment of compensation to the owners for the withdrawn housing subject to demolition is carried out by local governments.

The purchase of housing from developers and in the secondary market for the implementation of the program for the resettlement of citizens from dilapidated and dilapidated housing, as well as the payment of compensation is made at the expense of funds allocated from the Housing and Utilities Fund, the regional budget, as well as attracted from third-party individuals and / or legal entities. Funds are allocated by regional budgets and funds from the Housing and Utilities Fund can be used for the construction of new houses, including for shared construction, in order to expand the housing stock in a particular region to provide persons from whom emergency housing is being withdrawn with a new apartment or house.

Houses that were built on the basis of government contracts, in accordance with the law and established rules, are subject to mandatory transfer to municipalities. Those, in turn, must distribute them among persons whose residential building is recognized as unfit for habitation and is subject to demolition.

What is an interdepartmental commission

Since 2007, when Federal Law No. 185 was adopted, the Fund for Housing and Utilities has been in charge of the overhaul of the housing stock and the resettlement process, therefore, it is the Housing and Utilities Sector that is empowered to create an interdepartmental commission. She conducts the procedure for examining the premises for their suitability for living and compliance with sanitary and epidemiological, standards, requirements and safety standards and others, which are established by the legislation of the Russian Federation.

The commission includes representatives of:

Local administration.
Housing and communal services.
Owners of dilapidated and subject to demolition housing.
Sanitary and Epidemiological Service.
Fire service.
Departments of the district that carry out housing supervision.
Bodies that supervise compliance with industrial and environmental safety.
Consumer Protection Offices.
Experts who have the legal right to conduct such surveys and draw up conclusions on the condition of the housing stock.
Regional bodies that conduct inventory and registration of real estate and other departments that may be involved in this case.

What is emergency and dilapidated housing

What is meant by the concept of "dilapidated housing", and which buildings can be recognized as emergency? These questions concern many citizens who have been affected by this problem. The fact is that 15 years have passed since 2002, when the Housing program was introduced and the reform began, but during this time, not a single legislative act has clearly defined the concept of a "dilapidated house", despite the fact that it is often used in legislation and other documents. Of all existing and current regulatory documents and legislative acts, the definition of "dilapidated housing" is only in two:

"Methodological recommendations for the protection of the rights of participants in the reconstruction of residential buildings of various forms of ownership."
"Methodological manual for the maintenance and repair of the housing stock MKD 2-04.2004").

In accordance with the above regulatory documents, the dilapidated state of the house is:

This article talks about typical ways of solving legal issues, but each case is different. If you want to know how to solve exactly your problem - contact our consultant absolutely FREE OF CHARGE!

unsatisfactory condition of structures and foundations of residential real estate, which have ceased to comply with the established norms and requirements;
the condition of the foundation and other structures of the building, in which the total wear exceeds 65% for structures made of wood and 70% for stone structures, but they continue to maintain the specified strength and do not pose a danger to the lives of people living in the house.

Table. Differences between the emergency and dilapidated state of the house.

How to become a participant in the resettlement program

If tenants living in a house on the basis of a social tenancy agreement or property owners, having good reason for that, suspect that their home is in disrepair, they have every right to contact local authorities. From the administration they will be redirected to the department to assess the actual condition of the building, after which they will receive an official opinion.

Then the owner, with a statement and conclusion about the actual state of the house, as well as a package of necessary documents, must apply to the interdepartmental commission, which, in accordance with the procedure established by law, will conduct an examination to identify factors confirming the unsuitability of the premises for living in it, draw up an opinion and make a decision based on the results the survey carried out.

List of documents that must be submitted to the interdepartmental commission:

application of the owners or those living on the rights of a social employment contract;
the conclusion of the authorized bodies on the actual state of the dwelling;
technical passport for a house or apartment or a floor plan;
notarized copies of documents confirming ownership (purchase and sale agreement, deed of gift, certificate of entry into inheritance rights, etc.);
cadastral passport of the building;
statements and complaints about the emergency state of the building of those living in this house or HOA (Homeowners' Association), if any.

After completing all the documents from the above list and transferring them to the interdepartmental commission, in accordance with the established rules, you must expect a decision within 30 days. When the commission makes a decision with which the applicants do not agree, there is an opportunity to challenge it in court and subject to an independent examination.

After the expiration of the established period, the commission may make one of the following decisions:

declare the building unsuitable for living in it and declare the need to demolish it;
declare the living quarters as in need of major repairs;
announce the urgent need for the reconstruction of the building;
notify about the need for additional expertise;
refuse to recognize the dwelling as emergency or dilapidated, subject to demolition.

In the event and subject to mandatory demolition, tenants and owners automatically acquire the right to relocate them to a new, modern and safe apartment for their life.

Conditions for obtaining new housing under the resettlement program

According to the resettlement program, after the house is officially recognized as emergency, residents must be resettled by local authorities as soon as possible. The resettlement procedure is carried out subject to a number of conditions:

should be relocated to a housing of equal area, which is properly landscaped, that is, all communications are carried out in it, there is a stove, heating, water supply, electricity is connected, etc.);
local authorities are required to provide displaced persons with at least three options to choose from;
local authorities resettle employers by terminating the previous one and signing a new social employment agreement;
under a social rental agreement, tenants are provided with housing, the footage of which is calculated from the standards established by law (at least 18 square meters per person);
if residents were in a queue to improve their living conditions, then after their relocation from a house recognized as an emergency, they do not lose the right to receive such assistance on a first-come, first-served basis;
local authorities, when resettling tenants from housing that will be demolished, do not have the right to resettle them in communal apartments;
alternative housing should be located within the same area and settlement as the one in which the displaced persons lived before the moment of its recognition as emergency;
the resettlement process is carried out solely on the basis of a written application from the residents of the emergency house;
after the house is recognized as dilapidated and subject to demolition, local authorities must resettle its residents within 12 months;
upon resettlement, the owner of unfit housing and the owner of a new house (municipalities and other bodies or persons) draw up a contract;
the owner of the dilapidated seized housing has the right to receive monetary compensation instead of providing him with a new housing, which must be reported in an application addressed to the local authorities;
local authorities organize the relocation of residents - each owner of housing subject to demolition is entitled to freight transport, but only one trip;
after the house is recognized as emergency, none of the owners has the right to dispose of the apartment (sell or change);
from the moment of drawing up the contract between the owner of the new house and the owner of the withdrawn housing, the resettlement must be carried out within a month (30 calendar days);
if the owner lived in an emergency house, which is much smaller in size than the established norm, then when moving, he has the right to receive a replacement with a standard footage;
if the house in which the residents of communal apartments lived is recognized as emergency, then during the resettlement, the local authorities must provide them with separate apartments or private houses.

Priority for resettlement from hazardous housing

Article 57 of the RF LC regulates the principles of resettlement of citizens living in emergency houses. According to this article, new housing is provided to owners and tenants of unfit for habitation and subject to demolition, on a strict priority basis. The queue is maintained based on the day the owner was registered. That is, those who were the first to register for resettlement will receive new housing earlier than others, etc.

Out of turn, citizens have the right to receive a new apartment:

whose housing has been recognized as unsuitable and life-threatening in accordance with the established procedure;
who suffer from chronic diseases in severe forms.

After a positive decision by the commission on the need to demolish a house that is unsuitable for living, at the request of tenants, each of them must be personally served with a notice of such a decision. From that moment on, people living in this house are included in a special list as in need of a change of housing. Residents of houses in which living in which represents a real danger to health and life are obliged to relocate out of turn, but there are a lot of those in need of an urgent change of home, therefore there is a separate queue for them.

Important! If residents refuse to relocate, local authorities can solve this problem in court. By a court decision, these tenants can be forcibly evicted from an emergency house or pay them monetary compensation.

Regional features

Each region of the Russian Federation implements a program to relocate residents from dilapidated housing in practice in its own way, with certain features. Residents of Moscow and the region can achieve recognition of their house as dilapidated if:

strong deformations of the foundation, certain biological damage are observed in the building;
the house was built in an area with a high probability of landslides and other natural disasters (mudflows, avalanches, floods, etc.);
the house received significant damage that affected the strength of its foundation and main supporting structures due to emergencies (gas explosion, fire, etc.);
the house is located in an area of increased risk of man-made disasters.

The implementation of this targeted program for the resettlement of citizens from dilapidated housing and emergency housing for 2018 in Makhachkala will be carried out in accordance with the RF LC. Here, when determining the amount of monetary compensation in practice (if the owner of an emergency housing refuses to provide him with an alternative housing), the following factors are taken into account:

the market value of a residential building that is commensurate with the one in which the owner lived earlier;
the amount of expenses incurred by the owner of an emergency dwelling in connection with its recognition as such (rent for rented real estate, expenses for collecting the necessary documents, for moving, etc.).

In the Leningrad Region and St. Petersburg, the targeted program is implemented as follows:

provision of an alternative comfortable apartment to the owners of the withdrawn housing, subject to demolition, from the housing stock of the city and the region;
local authorities buy out the dilapidated building from the owners, that is, compensate for the eviction in cash.

Each region has its own nuances and characteristics. To find out exactly about the implementation of the program in your region, you need to visit the official website of the local government bodies in your region. The sites provide complete information about the stages of the program implementation, funding and a lot of other useful information.

Still have questions? Ask our lawyer for FREE!

1. The regional targeted program for the resettlement of citizens from emergency housing stock is approved by the supreme executive body of state power of the constituent entity of the Russian Federation. If such a program begins after January 1, 2019, it is approved for the period until September 1, 2025.

2. A regional targeted program for the resettlement of citizens from emergency housing stock should contain, in particular:

1) a list of apartment buildings recognized as emergency before January 1, 2017 in accordance with the established procedure and subject to demolition or reconstruction due to physical wear and tear during their operation;

(see text in previous edition)

2) the period for the resettlement of citizens from each apartment building included in the list specified in paragraph 1 of this part. At the same time, as a matter of priority, citizens are subject to resettlement from apartment buildings that are located on the territory of the municipality and the year of recognition of which as emergency and subject to demolition or reconstruction precedes the years of recognition as emergency and subject to demolition or reconstruction of other apartment buildings located on the territory of this municipality, as well as from apartment buildings in the presence of a threat of their collapse or when citizens are relocated on the basis of a court decision that has entered into legal force. In the event that several apartment buildings recognized as emergency and subject to demolition or reconstruction in different years are located within the boundaries of one element of the planning structure (quarter, microdistrict) or adjacent elements of the planning structure, the resettlement of citizens from these houses can be carried out within one stage of the regional address programs for the relocation of citizens from emergency housing stock;

(see text in previous edition)

3) the volume of equity financing from the budgets of the constituent entities of the Russian Federation, funds from local budgets and (or) extra-budgetary funds for resettlement of citizens from emergency housing stock for the entire period of this program and broken down by stages of this program;

(see text in previous edition)

4) substantiation of the amount of funds provided for in paragraph 3 of this part, indicating the methods of resettlement of citizens from emergency housing stock, the planned cost of residential premises provided to citizens in accordance with this Federal Law per one square meter of the total area of residential premises, the planned amount of compensation for seized housing, paid in accordance with Article 32 of the Housing Code of the Russian Federation;

(see text in previous edition)

5) the planned indicators of the implementation of this program, reflecting the total area of emergency housing stock, the resettlement of citizens from which is provided for by this program as a whole and by each of its stages, which is understood as a part of this program financed using financial support from the Fund, the decision on the provision of which is accepted on the basis of applications filed by the constituent entities of the Russian Federation in one calendar year and which must be implemented no later than the deadline established by part 11 of this article. The total area of the emergency housing stock, the relocation of citizens from which is provided for by the stage of the regional targeted program for the resettlement of citizens from the emergency housing stock (hereinafter referred to as the size of the stage of the regional targeted program for the resettlement of citizens from the emergency housing stock), must comply with the requirements of Part 2.1 of this article.

(see text in previous edition)

2.1. The size of the current year stage of the regional targeted program for the resettlement of citizens from emergency housing stock together with the size of the current year stage of the regional targeted program for the resettlement of citizens from emergency housing stock, taking into account the need to develop low-rise housing construction, should be not less than the product of the remainder of the emergency housing stock located on the territory of a constituent entity of the Russian Federation, and the private from dividing the unused limit of funds for the relocation of citizens from emergency housing located on the territory of this constituent entity of the Russian Federation, by an amount equal to the sum of funds of this limit and the projected increase in the limit of funds calculated for this constituent entity of the Russian Federation for the resettlement of citizens from emergency housing stock in the coming years up to and including 2025. Moreover, if the total size of the stages of such programs of any year exceeds the size of the minimum total size of the indicated stages of the current year, calculated in the indicated order, the total size of the stages of such programs for subsequent years may be less than the minimum size of stages by the amount of this excess. The size of the 2024 stage of the regional targeted program for the resettlement of citizens from the emergency housing stock should be equal to the remainder of the emergency housing stock. At the same time, the remainder of the emergency housing stock located on the territory of a constituent entity of the Russian Federation means the total area of the emergency housing stock that was not included in the stages of previous years of the regional targeted program for the resettlement of citizens from the emergency housing stock, including the regional targeted program for the resettlement of citizens from the emergency housing stock, taking into account the need to develop low-rise housing construction. The specifics of determining the minimum size of the stage of a regional targeted program for the resettlement of citizens from emergency housing stock may be established by a regulatory legal act of the Government of the Russian Federation. In the event of an increase in the limit of funds calculated for a constituent entity of the Russian Federation for the resettlement of citizens from emergency housing on the basis of a decision of the Fund's Supervisory Board adopted in accordance with Part 9 of Article 17 of this Federal Law, or a decision adopted in the manner and on the terms established by the Government of the Russian Federation Federation, an increase in this limit and a change in its projected increase are not taken into account for the purpose of determining the minimum size of the stage of the regional targeted program for the resettlement of citizens from emergency housing stock, including such a program, taking into account the need to develop low-rise housing construction.

(see text in previous edition)

2.2. It is not allowed to make changes to the regional targeted program for the relocation of citizens from emergency housing stock that lead to a violation of the requirements established by parts 2 and 2.1 of this article.

3. Relocation of citizens from emergency housing stock is carried out in accordance with housing legislation. The living quarters provided to citizens during their resettlement in accordance with this Federal Law from the emergency housing stock may be located at their place of residence within the boundaries of the corresponding settlement or, with the written consent of these citizens, within the boundaries of another settlement of the subject of the Russian Federation, on the territory of which the previously occupied dwelling is located. At the same time, refusals, including repeated refusals, of citizens from the housing provided to them within the boundaries of another settlement cannot be a reason for refusing to provide them with other residential premises for the purpose of resettlement from emergency housing stock within the boundaries of the settlement at their place of residence or in the borders of another settlement of a constituent entity of the Russian Federation, on the territory of which the previously occupied living quarters are located.

(see text in previous edition)

6. Funds of the Fund, equity financing from the budget of a constituent entity of the Russian Federation and (or) funds of local budgets are spent on the purchase of residential premises in apartment buildings (including in apartment buildings, the construction of which has not been completed, including apartment buildings under construction (created ) with the attraction of funds from citizens and (or) legal entities) or in the houses specified in paragraph 2 of part 2 of article 49 of the Urban Planning Code of the Russian Federation, for the construction of such houses, as well as for payments to persons who own residential premises included in emergency housing stock, reimbursement for confiscated living quarters in accordance with Article 32 of the Housing Code of the Russian Federation. At the same time, it is not allowed to attract extra-budgetary funds for the construction of apartment buildings and houses specified in clause 2 of part 2 of article 49 of the Town Planning Code of the Russian Federation, if they are being built (created) by constituent entities of the Russian Federation or municipalities at the expense of the Fund, equity financing at the expense of funds budgets of the constituent entities of the Russian Federation and (or) funds from local budgets.

(see text in previous edition)

6.1. Local governments have the right to conclude, at the expense of the funds specified in part 6 of this article, municipal contracts for the purchase of residential premises that are standard housing and are built on land plots transferred by a single development institution in the housing sector for free use or lease for the construction of standard housing, for the integrated development of the territory, within the framework of which, inter alia, the construction of standard housing is provided, or for the construction in the minimum required volume of standard housing, for the integrated development of the territory, within the framework of which, inter alia, construction in the minimum required volume of standard housing and other housing construction is provided, in accordance with the Federal Law of July 24, 2008 N 161-FZ "On Assistance in the Development of Housing Construction".

(see text in previous edition)

9. State registration of the emergence and transfer of ownership of residential premises that are provided to citizens in accordance with this Federal Law shall be carried out within no more than five working days from the date of submission of the application and the documents required for such state registration.

10. Regional targeted programs for the resettlement of citizens from emergency housing stock, including such programs, taking into account the need to stimulate the development of the housing market and taking into account the need to develop low-rise housing construction, or stages of these programs, for the implementation of which until December 31, 2010 financial support was provided at the expense of the Fund, must be realized before January 1, 2012. At the same time, by the indicated date, the number of citizens resettled from emergency housing stock in accordance with regional targeted programs for the resettlement of citizens from emergency housing stock, including in accordance with regional programs for resettlement of citizens from emergency housing stock, taking into account the need to develop low-rise housing construction, and the number of citizens who, in accordance with these programs, were paid compensation for the withdrawn dwelling, in aggregate should not be less than the number of citizens specified in these programs as of the date of filing the corresponding application for financial support from the Fund, the number of citizens who were subject to resettlement and whose resettlement The Fund, in accordance with the submitted applications, provided financial support, or the total area of emergency housing stock from which the resettlement of citizens was carried out (including the total area of residential premises, in connection with the withdrawal of which citizens were paid reimbursement) in accordance with these regional targeted programs, should not be less than the total area of emergency housing stock specified in these programs on the date of filing the relevant application for financial support from the Fund, and for resettlement from which the Fund, in accordance with the submitted applications, was financial support provided.

Every year, a large number of real estate objects are recognized as emergency and dilapidated housing. As a result, people are prevented from continuing to live in their apartments due to the high risk of harm to their health or life. To provide the population with new housing, the Dilapidated Housing program was developed.

The resettlement program from dilapidated and dilapidated housing began in 2002. Its goal is to provide the population with housing with high-quality living conditions that do not pose a threat to human life and health. Thanks to this program, people were able to move to new housing with optimal relocation conditions and all the necessary communications.

Initially, it was planned to provide people with living space for 8 years. But during this time, the authorities did not have time to fully implement the objectives of the program. In this regard, it was decided to extend it until 2017. But the additional 7 years will not bring the desired result, so it is still valid and will be completed in 2020.

To participate in the program of resettlement from dilapidated and dilapidated housing, a decision of the commission is required, which confirms the unsuitability of the apartment for living.

Resettlement is carried out according to the following rules:

The new living area must fully comply with the old one in terms of parameters or dimensions established by law - at least 18 square meters per person. For example, if citizens before resettlement lived in a small apartment, where there was only 10 square meters for one apartment, then they have the right to apply for a larger housing - 18 square meters for each family member.
Living conditions in a new house should be no worse than in the old one.
Persons who no longer have any housing have the primary right to receive new real estate.
When the owner lives in another locality, he can be given monetary compensation.
When the owner of emergency housing is registered under the program to improve living conditions, he will receive a new apartment, taking into account the missing square meters.
Resettlement is not provided for communal apartments.
New living space is allocated in the same area as the unsuitable housing. If residents do not mind, they can pick up options in other areas.

There are times when the owner wants to receive monetary compensation instead of the new property. To do this, you need to submit an application to the local government. But the municipal authorities are not obliged to fulfill this requirement of the owner, this issue remains at the discretion of the administration.

IMPORTANT! From the moment the property is declared unfit for habitation, owners are prohibited from exchanging or selling dilapidated housing. Otherwise, the transactions will be considered invalid.

What kind of housing can be recognized as hazardous

A dwelling that is in a condition that threatens the life and health of residents, is unsuitable for living, is considered emergency. Good reasons are required to obtain this status.

Housing can be recognized as hazardous for the following reasons:

The room does not meet sanitary standards.
The house was seriously damaged by natural disasters, earthquakes, which cannot be repaired.
The apartment is located in a place where there is a high risk of a man-made disaster.
Structural elements of the room are damaged or their strength is reduced.
The foundation and walls were destroyed.
Loss of housing due to fire, when it is no longer possible to restore it.

Many people often refer to the same premises as dilapidated and dilapidated housing. This is totally wrong. It is impossible to continue living in an apartment recognized as emergency, as it is dangerous for the life and health of people. You can live in dilapidated housing.

This is the name of a house that requires repairs due to its old age. For the apartment of the displaced persons to be recognized as dilapidated, more than 70% of wear is required for houses built of bricks and panels, and 65% for wooden buildings.

The recognition of housing as dilapidated or dilapidated is the responsibility of an interdepartmental commission. For this, a mandatory examination is carried out, on the basis of which a decision is made.

Who can become a member of the program

The following persons are entitled to receive a new dwelling:

Municipal home owners or tenants who live in it under a social tenancy agreement. This agreement is concluded between the citizen and the local LSG body.
Owners who have undergone the privatization of dilapidated housing, as a result of which they have registered their ownership of it.
Owners of rooms in communal apartments and hostels, which are located on municipal land.

Citizens who have no other housing have the right to get a new place of residence in the first place.

The procedure for recognizing housing as hazardous

The procedure is quite simple, but the resettlement itself takes a lot of time.

Where to go

To recognize the unsuitability of a residential area, you need to contact the administration. You must have an application and a package of papers with you. After that, an interdepartmental commission is assembled, which checks residential real estate for accidents.

Based on the survey, an act is drawn up, which is transferred to the LSG body. The administration is already deciding when and where to resettle. The request of the owners cannot always be satisfied by the interdepartmental commission. If the tenants consider her decision unlawful, they should file a lawsuit in court.

In order to prove that the refusal of the authority was unlawful, the applicant will have to conduct an independent technical examination. On its basis, the judge will determine whether to overturn the decision of the commission or not.

What documents will be needed

To recognize the accident rate or dilapidated housing, it is required to prepare a package of documentation.

Their list includes the following:

Application with a request to assess the condition of an apartment or house.
Certificate confirming that the owner has ownership of real estate.
Cadastral passport.
Floor plan.
Reconstruction project for those cases when non-residential premises were converted into residential ones.
An expert opinion confirming the dilapidation or accident rate of housing.
Complaints of other persons living in the house about the inability to live in it, indicating the reasons for this.

The documentation is allowed to be handed over to employees, both at a personal reception and through the State Services portal in electronic form. You can also use the services of the post office. Upon receipt of papers, their registration is made.

Timing

The commission considers the application within 30 days from the moment they were registered by the employee. If there is not enough information to make a decision, it is possible to re-assign a survey of the living quarters.

How to speed up resettlement

After the decision on resettlement is made, residents are notified. They indicate the period during which they must leave the premises. According to the law, the term is no more than 5 days. Government agencies have the right to renew it. The maximum settlement period is a year.

The resettlement process can be accelerated only if the local authorities do not take any measures during the year. In this case, you need to go to court with a statement of claim, in which you ask to resettle tenants in new apartments.

Important changes in 2019 and program prospects for 2020

An important innovation is that citizens will now have to pay a certain fee to get new housing. This enables the owners to choose their own living space on their own. For example, if a person does not want to move to an apartment with the same parameters, he will need to pay extra for additional square meters.

Not all people are happy with this innovation. After all, many simply will not be able to pay. In this case, the law on resettlement from dilapidated and dilapidated housing provides for another option for providing housing - the conclusion of an agreement on social rent with the local self-government body.

On the basis of it, a person can use housing free of charge with the right to redeem it in the future. The citizen will have to pay only for utility services. But not all categories are eligible for free use of a municipal apartment. This privilege is granted only to the following persons:

Retired people.
Disabled people.
Families with 3 or more children.
Families recognized as poor.

The rest of the citizens must pay the rent every month. Its size is established by the municipal authority. But usually the amount of payments is much less than with a commercial lease.

Resettlement is currently being actively promoted. Despite the fact that the program of resettlement from dilapidated housing has been in place for quite a few years, not all dilapidated houses have been relocated. But most of the population still received the cherished square meters in new homes.

Is it possible to refuse resettlement

The owners have every right to refuse from relocation from dilapidated housing. The reasons for this are most often the following factors:

Lack of developed infrastructure in the new place of residence. Families always choose apartments located close to kindergartens, schools, hospitals and other important institutions. Therefore, the remoteness of these organizations often entails a refusal to move.
Inconsistency of the parameters of the new housing with the old size. Not all people understand that an area can be common and residential. The official often takes advantage of this, as a result of which citizens are given smaller apartments.
The location of the accommodation is on a high floor. It is much more profitable for local authorities to build multi-storey houses for resettlement. Therefore, resettlement from dilapidated housing is most often done in high-rise buildings. But not all people want to live on a high floor. This is especially true for the elderly, young mothers, the disabled.

If tenants refuse to move to a new dwelling, the movement of the resettlement queue is significantly slowed down. Therefore, local authorities are trying to quickly resolve the issue with dissatisfied citizens. They can offer tenants apartments with more favorable living conditions than in old real estate.

Also, the LSG body can redeem from the owner real estate that has been declared unfit. With the proceeds, the owner will be able to purchase a new home that will fully meet his requirements.

The redemption amount is calculated on an individual basis. At the same time, the authorities take into account the cost of an apartment on the market and the costs incurred by the owner for moving, renting another housing for the time of resettlement, registration of ownership of the purchased property.

If a citizen also refuses monetary compensation for dilapidated housing, then local authorities can only forcibly evict him from the dwelling. The procedure is being carried out in court.

Arbitrage practice

The judicial practice, which concerns resettlement from unsuitable for habitation apartments, is quite extensive. Most often, citizens who are dissatisfied with the new living conditions, as well as the actions of officials, go to court. People often point to the incompetence of civil servants, their negligence in the implementation of the program, as well as corruption.

Many citizens agree to the options for living space proposed by the LSG, without even realizing that they do not comply with the rules. Only a small part of the tenants have the courage to challenge the decision of the administration in court. And they most often win.

Thus, resettlement from hazardous housing is carried out strictly according to the rules established by the legislation on resettlement. If there are doubts about the illegality of the actions of officials, there is no need to be afraid to apply to the judicial authority.

We remind you that if you have problems with relocation from dilapidated or dilapidated housing or you need help in court or preparing documents, please sign up for a free consultation with a lawyer on our website. Leave your contacts in a special form and we will call you back.

You will also be interested to learn about the program "", which will help you purchase new housing with state support.

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Emergency and dilapidated housing is a problem in many cities in Russia. Since repairs in such houses have not been carried out for decades, they not only spoil the appearance of cities, but also pose a threat to the lives of residents. In this regard, for the period from 2002 to 2010. a targeted federal program "Housing" was developed, within the framework of which local authorities were to ensure the resettlement of citizens from houses recognized as dilapidated and dilapidated. But since not all regions of the Russian Federation coped with this task, the program was extended until the end of 2017.

Since 2019, a new program "Housing" has been developed and will be launched

Russian President V.V.Putin instructed the government, together with the regions, to develop new mechanisms for resettlement of emergency housing stock and launch them from January 1, 2019. The head of state also demanded that officials improve the quality of public services and expand their participation in conducting an independent assessment of the quality of social services of the ONF, "socially oriented NGOs" and public chambers.

What is the "Housing" program

In 2010, the President of Russia signed a federal law regulating the process of resettlement of people from hazardous housing. It was planned that by the end of this program, citizens living in emergency housing would be relocated to modern and safe houses with favorable living conditions. But as it turned out, in 2016, the program of demolition and resettlement of dilapidated housing was not implemented by all regions of the Russian Federation. In this regard, the government postponed the deadline for resettlement of citizens from critically obsolete facilities to September 31, 2017.

According to the terms of the program "Modernization of municipal infrastructure facilities", funding for resettlement comes from. At the same time, the authorities of the subjects must approve individual resettlement programs for a period of three years. Since in 2007 the resettlement and overhaul of the housing stock is supervised by the Housing and Utilities Fund, it is this structure that creates regional commissions that determine the condition of houses.

What kind of housing is considered unsafe?

The state resettlement program applies only to houses that are officially recognized as emergency, that is, unsuitable for life. A dwelling is considered dilapidated if the building is depreciated by at least 70%. Establishment of the degree of depreciation of housing is carried out by specially created interdepartmental commissions (paragraph 4 of article 15 of the RF LC). According to clause 7 of the same article, if the commission recognized the object as unfit for habitation or emergency, then this object will be demolished or reconstructed.

The interdepartmental commission checks only those houses that are included in the individual regional development program. However, a commission check can also be created in the presence of numerous written requests from residents of the house. During the inspection, the commission draws up an act and makes a decision on the condition of the object. 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 facility is recognized as an emergency (unsuitable for life) if the following factors are present:

deformation of the foundation or walls;

the object is located in the area of flooding or avalanches;

there is a possibility of a house collapse;

the load-bearing capacity of the housing has been reduced due to fires, explosions or earthquakes;

the building was destroyed as a result of a man-made accident.

Resettlement is provided only for residents of the emergency housing fund, because, living in such facilities, they risk their lives and health. But resettlement is not designed for citizens living in houses that are deemed dilapidated. However, with a significant degree of wear and tear, the object can receive the status of a dilapidated housing, which means that the house will soon be demolished.

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

How to become a participant of the "dilapidated housing" program?

If residents suspect that the technical condition of their house is unsuitable for living, they should contact their local government. When citizens apply, representatives of regional authorities are obliged to send residents to a specialized organization to determine the condition of buildings. Having received the opinion of specialists, residents should contact 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 conclusion of the organization on the state of the object;

written complaints from residents of the building.

After verification, the commission is obliged to make a decision within 30 days. But if there is a danger to the health or life of residents, the conclusion of the commission is made within 1 working day. In the event that the commission did not recognize the facility as emergency, but the tenants do not agree with this decision, they can go to court to attract independent experts.

Read also: Renovation of five-story buildings of unbearable series in Moscow in 2019: fresh information

Conditions for obtaining new housing under the resettlement program

If the condition of the house is recognized as emergency, local governments are obliged to relocate residents as soon as possible. In this case, in the process of resettlement, the following conditions must be observed:

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

2. Residents are provided with three options for resettlement, but the individual wishes of citizens are not taken into account.

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

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

5. If the resident of the emergency building was also in the queue for the improvement of living conditions, then upon resettlement he will receive an apartment, taking into account the missing meters. In special cases (for example, the local housing stock lacks apartments of the required size) an additional apartment is allocated.

6. During resettlement, citizens cannot settle in communal apartments.

7. New housing should be located in the same administrative region as the emergency facility. But with the consent of the tenants, they can be relocated to other areas.

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

9. Resettlement of all tenants is carried out within a year from the date of recognition of the house as emergency.

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

11. If, instead of a new apartment, the owner wishes to receive monetary compensation, he can write a corresponding application. However, the request is at the discretion of the municipality. In addition, the calculation of the compensation cost is not beneficial to the owner of the demolished housing.

12. Relocation costs are borne by local authorities. However, freight transport is provided only once.

13. From the moment the house is recognized as emergency, the owners of the demolished housing do not have the right to change or sell the apartment. When such a transaction is made, it will be recognized as illegal.

14. After the conclusion of the contract between the owner of the dilapidated housing and the owner of the house, the move must take place within one month.

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

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