Even the most reliable housing becomes unusable over time. To resolve the issue of providing citizens with comfortable living conditions, a special program financed from the budget has been created. As part of the program, a list of houses for resettlement is established, as well as a list of replacement housing. Resettlement activities have been carried out within the framework of the program since 2002.

The regional resettlement program is approved by the executive body of local government. Particular attention is paid to the timing of the procedure and the level of accidents of buildings. The program includes a list of houses recognized before January 1, 2012 as dangerous to live in and subject to demolition. The document also reflects the amount of funding aimed at resettlement and the provision of new living space. Regional authorities are required to justify the amount of funds allocated to the program and establish indicators for assessing the results of the work. The program expires on September 1, 2017.

The legislative provisions of the program are enshrined in the Federal Law “On the Fund for Assistance to the Reform of Housing and Communal Services” No. 185 FZ of July 21, 2007. The law reflects the general provisions, the operating procedure of the Fund and the specifics of providing financial assistance. The Housing Code of the Russian Federation will also help resolve the controversial situation.

Dilapidated and unsafe houses are subject to resettlement. A house belonging to the Housing Fund of the Russian Federation is recognized as unsafe in accordance with Government Decree No. 47 of February 28, 2006. Private buildings are classified as unsafe after the conclusion of a special commission and notification of the owner.

Such houses include:

• There are no water supply, electricity or heating systems. This rule does not apply to houses consisting of 1 or 2 floors, since they may not have sewerage or running water;
• the house is located in an area of ​​possible flooding, avalanches or landslides;
• the permissible level of noise, electromagnetic field and chemicals harmful to humans has been exceeded;
• the supporting structures are deformed to a degree that threatens the collapse of the building;
• The wear and tear of stone buildings is 70%, and that of wooden buildings is 65%. In this case, the housing is considered dilapidated and is also subject to resettlement and demolition;
• The garbage chute cleaning device is located above the room inside the house. Such a structure is considered unsuitable for habitation;
• a fire, accident or other emergency caused major damage to the building;
• The floor level of the first floor is below the ground level of the plan.

The lack of an elevator in buildings with a height of 5 floors or less does not apply to the deterioration of living conditions.

If 2/3 of the premises of the house are considered uninhabitable for one of the listed reasons, the structure is considered unsafe.

Residents of the emergency building are provided with new houses or apartments. A relocation contract may be concluded for this purpose.

The agreement is concluded with the owner of the property in the house subject to demolition or reconstruction. In general, a preliminary agreement for relocation can be concluded. The document contains provisions:

• term for concluding the main contract;
• type of compensation (cash or in kind);
• information about family members who have the right to live with the owner;
• relocation procedure;
• form of the main agreement.

The preliminary agreement is registered with the Department. Under the main agreement, other comfortable housing is provided on the basis of an exchange agreement, or another agreement implying the acquisition of ownership rights. Living space can also be transferred under a social tenancy agreement. Another compensation option is a monetary amount that includes the cost of housing and relocation costs. In this case, the value of the property is determined by an independent appraiser.

How and where can you find out the list of houses for resettlement?

The list of houses subject to resettlement is approved by the local administration of the subject. The priority depends on the degree of damage to the house and its age.

In order to obtain information about including your home on the list, you need to go to the website of the Russian Ministry of Construction http://www.minstroyrf.ru/. In the “Activity” list, select “Housing and communal services”. Next, select the item “Liquidation of emergency housing”. At this stage, you can download the document “Strategy for the Development of Housing and Communal Services” for review. By clicking “More details” in the “Liquidation of emergency housing” section, the page is viewed to the end and “Relocation of citizens from emergency housing” is selected. Next, the website “Housing and communal services reform” opens. On the page that opens, you can sort houses by the date they were recognized as unsafe (before 01/01/2012 or later) in the “Emergency Housing Stock” section. By selecting a federal subject, you can obtain the following information:

• data on completed resettlement;
• a list of houses in need of liquidation;
• volume of settlement by year;
• relocation analytics.

By selecting a specific area or city, you can see a list of emergency buildings indicating the street and house number. The actual area for resettlement, the year of planned or actual resettlement, and the number of contracts concluded are also indicated. One of the symbols can be indicated next to the address:

• question mark - there is no data on the living space in the house, there is no end date for resettlement, the total area of ​​resettlement under the contract is greater than the specified area for resettlement under the program;
• Libra - relocation is hampered by unforeseen circumstances (court proceedings, inheritance rights and other circumstances related to the owner);
• tick - resettlement is completed.

The absence of a necessary house on the list indicates its absence in the list of the state resettlement program.

What documents are needed to recognize a house as unsafe?

If the house is not on the list of the resettlement program, residents can independently initiate distribution to new houses. To do this you will need a package of documents:

• an application in the prescribed form from a resident or group of residents;
• technical plan of the house, containing information on the degree of deterioration of structures and the residual value of the building;
• certificate of repair work and inspections of premises over the past 3 years;
• conclusion of sanitary-epidemiological, fire and other services;
• a conclusion on the technical condition of housing provided by a licensed design and survey organization;
• technical plans of premises;
• written complaints from owners.

Depending on the situation, other documents may be required. After submitting an application, the authorized body considers it within 5 days. After accepting and studying the documents, a special commission is created, which includes representatives of the authorities, special services and residents of the house. The commission examines the actual condition of the house and makes a decision on the need for liquidation, reconstruction or major repairs of the building.

Reconstruction means changing the technical characteristics of a building in order to replenish characteristics lost during the process of wear and tear. Reconstruction and major repairs extend the life of a building, making it suitable for habitation.

The decision to demolish the house is implemented no later than 1 year after the relevant conclusion.

What is the procedure for moving out of dilapidated housing?

The actual resettlement of residents occurs after all the nuances have been clarified. If a decision is made to demolish a house in disrepair, the owners receive notification within 5 days. The timing of the procedure depends on the likelihood of the building collapsing and the complexity of the situation as a whole. Residents of a house included in the resettlement program wait for new living space on a first-come, first-served basis. The distribution of house residents within the program cannot exceed the period specified in the document.

If the residents are not satisfied with the decision of the commission, an interdepartmental commission can be involved to assess the condition of the house. In case of insurmountable contradictions, it is worth going to court.

The owner of the apartment has the right to receive real estate that is not inferior in technical characteristics and degree of comfort to the previous place of residence. If all program conditions are met, housing must be provided in the same area. By agreement with the apartment owner, this condition can be changed.

In Art. 57 of the Housing Code of the Russian Federation it is noted that resettlement from dilapidated housing is not an event to improve living conditions, but refers to forced measures. This allows the administration to force eviction.

Persons living in the dormitory must receive similar living space after resettlement, that is, the occupied area and number of rooms must be maintained.

If the owner decides to choose monetary compensation for the purchase of a new home, the amount includes:

• property value;
• costs of finding a suitable option;
• expenses for paperwork;
• moving costs.

If the owner does not agree with the proposed amount, the amount of compensation may be determined by a court decision.

When moving from an apartment, the number of rooms is not maintained. In a new house, only the total area of ​​the previous apartment is taken into account, which may slightly worsen living conditions.

Most of the new living space provided to resettlers is located in new houses. Before moving, you should make sure that all communications are working properly.

Residents must be relocated to housing located within the city. If you plan to move to the suburbs, you can file a complaint with the authorized body. If desired and possible, the owner may agree to move to another locality.

If you agree with the proposed option, moving costs will be reimbursed by the municipality.

The resettlement program ends at the end of 2017. In the future, other activities related to the elimination of emergency and dilapidated housing are planned. It is possible to create a system that involves raising funds from the residents themselves to finance capital construction.

When buying real estate, it is easy to notice that the price of some apartments or rooms is reduced compared to the general market price. How to find out whether the house you have chosen to buy an apartment is in disrepair or not? After all, a person does not always consciously want to get involved with dilapidated housing - in many cases, buyers plan to live a long time, equipping their home.

Who should I contact?

Contrary to the belief that realtors should know everything about the properties they sell, you should not trust their words. These people are primarily interested in sales and commissions. It is wrong to check whether a house is recognized as unsafe only through them. You may simply be deceived, or the agency employee himself may not be aware of the condition of the house.

The future owner must submit an application to the Department of Housing Relations or the Housing Inspectorate. These two structures have all the necessary information about the condition of houses in the city, and must respond to such requests from citizens. If a house has been recognized as subject to demolition, it will be listed in a special register.

The local administration must have such information, and the buyer has the right to find out this data. For this reason, you should find out the procedure for submitting an application, form it, submit it and wait for the official response. In this case, the information will be unambiguously reliable.

Open information

In order to recognize a building as unsafe, it is necessary for the residents of the building to collect a corresponding application with an expert assessment. Next, inform the local administration and wait for a decision to recognize the house as dilapidated, subject to reconstruction of the property or resettlement from it.

The procedure is long and painstaking, but homeowners, as a rule, seek recognition of unacceptable living conditions. As soon as a house is included in the register of dilapidated ones, that is, unsuitable for living in, resettlement occurs. However, there is often a wait before demolition takes place, and the wait can last for years.

As a result of cooperation between the district administration and independent centers of public expertise, as part of the housing policy, there is a regular open publication of a register of “new emergency housing.” Certain online magazines, for example, “Construction.RU” several years ago received the right to publish such information, so you can use them to check the address of interest.

How to find out about the fate of the house?

When you have understood how to find out whether the housing is dilapidated or not, and you have been provided with documents confirmed by the right of an advisory vote that out of all the residential buildings among apartment buildings, the one you are interested in has been recognized as unsafe, the question arises, “what next?” Everyone knows that such houses are subject to resettlement, and accordingly, you can get a completely new one in exchange for the purchased living space. This leads to the next question - how to find out when relocation from dilapidated housing will take place?

The Government of the Russian Federation signed a new draft Federal Law “On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts”, according to which resettlement will not occur in the order of priority, but based on additional circumstances. If before January 1, 2012, the queue was formed from the serial numbers of citizens’ requests, now information about the composition of the family and the availability of other living space in the property is taken into account. Based on this, among the citizens to be resettled, first of all, new housing will be provided to people who have no other space. This does not mean that people with property will be left with nothing, but they will be last in line for resettlement.

The premises may be considered dilapidated, but they may also be the last to be included in the program - the main criteria and specific data are determined in each region depending on resources. That is, if in one city this issue is resolved as soon as possible, then in another the decision may drag on for years.

Thus, future owners of premises whose area may be considered unsafe or is already listed as dilapidated should be wary of the fact of the presence of other property. If a person is going to purchase emergency housing, having another apartment or house, he should be prepared that he will be the last to receive replacement housing or monetary compensation.

Issues related to resolving the problems of individual premises in disrepair, suitable for living, as well as unsuitable, should be resolved by an interdepartmental commission, which is responsible for assessing and recognizing the conditions of residential buildings.

Relocation after 2017

When trying to purchase an apartment in a building or a separate room, it is important to become familiar with the subsequent fate of the property. How will things be after the end of 2017?

The Government of the Russian Federation gives an unequivocal answer to this matter - in the next few years, the federal program will continue to operate, taking into account amendments made in the regions. That is, everything is clear with already recognized unsafe houses, and new unsafe houses will be recognized as such based on the new rules.

The bill is still under consideration, but they propose to introduce two main conditions under which a house can be declared unfit for habitation - force majeure or an accident. Due to the fact that the law is only being considered, but quite possibly will be adopted, it is not recommended to purchase apartments in very old buildings that clearly require renovation. In addition, many additional factors and circumstances should make you think, weigh the pros and cons, and think carefully about whether it is worth purchasing housing that is in disrepair or in a dilapidated condition.

Responsibility

Who can I complain to if a request is not answered on time or the promised accommodation is not carried out on time? Both of these claims must be answered by the local government body, that is, the City Administration. If a response is not received to the request or measures are not taken, you should contact the state housing supervision authorities, the prosecutor's office, or Rospotrebnadzor. But, as practice shows, all problems and issues are resolved in the prescribed manner without the involvement of other structures.

Living in emergency housing is neither comfortable nor safe. Each subject of the Russian Federation has its own program that provides for the resettlement of citizens from premises that do not meet the standards.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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How to recognize a house as unsafe in 2020? Federal legislation provides for the creation of a special fund for the resettlement of people living in emergency housing.

But to receive a new home, you need to confirm your right to receive it. How to recognize a house as unsafe in 2020?

General aspects

In the Russian Federation, a program for the demolition of dilapidated housing has been operating for quite a long time. But due to the rather slow implementation of the program, a small number of citizens were resettled.

In accordance with the terms of the program, resettlement occurs as follows:

1. Formation of a regional program, the goal of which is to eliminate dilapidated housing.
2. Creation of a list of emergency and dilapidated housing.
3. Making a decision on the complete demolition of the house or its reconstruction.
4. In the event of the proposed demolition of a building, searching for equivalent living space.

As a rule, living space is selected in the same place where citizens previously lived.

But at the request of citizens and on the basis of an application received from them, a decision can be made to relocate to another place of residence.

Every citizen has the right to clarify information about the inclusion of his home in the list of emergency housing.

To do this, you need to go to a special government website. Instead of new housing, the owner of the emergency premises may be given compensation.

But it must be borne in mind that relocation due to a house in disrepair is in no way a way to improve living conditions. When allocating housing provided, the area of ​​the previous home is taken into account.

And the citizen will receive exactly as many square meters as he had. And no accounting standards play a role here.

If a person wants to get housing with a larger area, then he will have to pay for the extra square meters with personal funds. As for the type of housing, there are also no strict parameters.

These could be apartments in new buildings or secondary real estate. The main requirement is that the housing provided should not be in emergency condition.

Basic Concepts

When it comes to housing accidents, two main definitions should be distinguished. This housing is “unsafe” and “dilapidated”.

This is by no means the same thing, as some ill-informed citizens think. Depending on the official status of the building, what consequences will occur.

The main difference is that residents from a dilapidated building must be resettled, while those from a dilapidated building should not. A building is considered unsafe if it is unfit for habitation in principle.

That is, there are structural deformations, the house is located in a dangerous area, or sanitary requirements are seriously violated.

Living in a dilapidated house is dangerous. In some cases, if a house is recognized as unsafe, urgent resettlement of citizens and demolition of the building is required.

Dilapidated housing cannot be called comfortable either. But living there is not life-threatening.

Even if the house is recognized as 70% dilapidated, but there is no threat of destruction or the living conditions do not threaten the health of citizens, then there are no reasons for urgent resettlement.

That is why many houses in terrible condition continue to be used, waiting until they are recognized as unsafe.

Building evaluation criteria

The grounds for recognizing housing as unsafe are given in. This:

Location of the object in the area with predisposition	To landslides, avalanches, mudflows, floods
Location of the building in the area	Where there is a high probability of destruction due to man-made accidents
Placing a house too close	To AC power lines
Damage to the structure as a result	Geological phenomena with the impossibility of restoring the object
Location of the building near the highway	When noise levels exceed permitted standards (no more than 55 decibels)
Violation of hygiene requirements	And sanitary and epidemiological standards
Major deformation of the foundation	Or load-bearing structural elements

Not the entire apartment building, but only part of it, may be considered unsafe. For example, a separate residential premises is recognized as unsafe due to the failure of the interfloor ceiling.

Legal standards

The problem with dilapidated and dilapidated housing in Russia is very acute. For this reason, since 2010, according to the Presidential Decree, a targeted program “Resettlement of citizens from emergency housing stock” has been in effect.

Initially, the program was scheduled to end in 2015, but it was later extended until September 31, 2017.

If the residents of such an apartment choose to buy out the home, then the due amount is distributed in proportion to the share owned.

A somewhat complex situation arises when there is an excellent choice of shared ownership owners. For example, one chose relocation, and the other ransom.

In this case, everything depends on the size of the share owned. If the area owned by a citizen allows him to be provided with equivalent housing, then he will receive it.

Otherwise, you will need to agree to a buyout or to receive living space for all co-owners.

Is it possible to privatize land if a wooden house is unsuitable for habitation?

Registering a land plot with cadastral registration actually means that the land is owned.

But if additional documents are required, then you can contact the Federal Reserve with an agreement on the distribution of shares between all owners.

An amendment will be made to the certificate of title to the apartment indicating the share in.

Thus, if the land under a dilapidated wooden house is private property and not leased, then it will not need to be privatized.

If the site belongs to the state or municipality, then it is quite possible.

But before applying for privatization of the site, it is necessary to privatize the private house itself, if this has not yet been done.

Then there will be a basis for. And this is where the main problem arises.

According to this, emergency premises are not subject to privatization. But there is another important point.

According to this, the recognition of a house as unsafe is carried out on the basis of an application from the owner or on the basis of the conclusion of state control and supervision authorities.

The interdepartmental commission does not have the right to independently evaluate the house. That is, it is necessary to privatize the house, then apply for privatization of the plot. In this case, a ransom may be required.

Is it possible to get an apartment

As already mentioned, you can get an apartment, but there are nuances here too. A resident of a dilapidated house must necessarily enter into an agreement with the local administration to provide housing to replace the one being seized.

Otherwise, he will only be provided with monetary compensation. In accordance with the redemption price is equal to the market value of the demolished housing.

There is simply no approved scheme by which this market value is determined. Usually prices for similar housing are compared and, based on this, the cost per square meter is determined.

Recognizing a residential building as unsafe and unfit for habitation allows you to obtain new housing to replace the existing one, which is in a dangerous condition. Initially, an application for verification is prepared. A commission is assembled that conducts an examination and decides whether the house can be recognized as unsafe.

A building that was erected a long time ago and due to wear and tear or poor condition poses a danger during long-term residence is recognized as emergency. The breakdown of a residential building is a consequence of increased wear and tear of materials and structures. It is also recognized at prohibitive noise levels. Sometimes materials are used for flooring and wall materials in which the levels of harmful components are exceeded. And this always has a negative impact on the general condition of people.

Housing will be provided only if a decision is made that it is impossible to continue living in the house. According to Art. 16 Federal Law No. 185 uses a special resettlement program.

According to Decree of the Government of the Russian Federation No. 47 of January 28, 2006, only a house whose general condition is dangerous for the continued presence of people can be recognized as unsafe. More than half of the structures are worn out. This status is assigned by an interdepartmental commission working under the municipality. Independent examination cannot be considered the basis for granting status. Load-bearing structures are subject to change under the influence of not only natural wear and tear, but also external factors.

If no measures have been taken to strengthen the structure for a long period, the original strength is lost. As a result of the conclusion of the interdepartmental commission on the recognition of the house, emergency citizens are offered housing in new houses.

Criteria for recognizing a house as unsafe

The following criteria are determined when a house is recognized as subject to resettlement:

• wear exceeds 70%;
• sanitary standards are not met and cannot be met without relocating residents and major reconstruction;
• the building is located in an area of ​​disaster or weather disasters;
• the house was partially destroyed as a result of exposure to the elements or fire;
• There is a busy highway nearby, creating increased noise.

Attention! If there is no central water supply or sewerage system, the house is not considered unsafe. This is also impossible if the room is smaller than the standards established for each family member. If such circumstances cannot be corrected, residents will be resettled on a different basis.

What is the difference between emergency housing and dilapidated housing?

The concept of emergency fund is established by law. This is a collection of premises of an apartment building that is subject to demolition based on issued orders. The local administration must provide information about the recognition of the building as dilapidated or unsafe. The object is checked by a commission based on the submitted application. Existing damage and serious breakdowns are taken into account. Since there is no special formula or methodology, each object is considered individually.

You can live in a dilapidated house for a longer period of time. If it is in serious disrepair, it must be vacated and demolished quickly. But there are situations when urgent resettlement occurs at a new address within 24 hours. Serious repairs or reconstruction measures are possible in dilapidated buildings if the load-bearing elements remain in good condition and it is possible to carry out work without violating their integrity.

State program for the resettlement of emergency housing

According to the state program, residents are resettled from old houses that have the official status of emergency. The following conditions are defined:

1. Housing is allocated that is comparable in size or slightly larger.
2. The housing is equipped with communications; each apartment has a stove.
3. The wishes of citizens may not be taken into account if they do not agree with any of the 3 options provided.
4. A municipal apartment is issued under the same conditions as the previous one (find out how).
5. Those on the waiting list are given housing with the missing square footage.
6. They do not evict residents into communal apartments.
7. The building is located within this area.

The procedure for recognizing a house as unsafe

The following parties can start checking the house for wear and tear percentage:

• residents;
• fire department;
• responsible persons from Rospotrebnadzor;
• municipality, which is responsible for the control of houses in the entrusted territory.

Next, the responsible persons identify the degree of accident. A decision is issued declaring the house unsuitable for further residence. If, despite clear indicators and the results of the examination, the administration does not provide new housing, you can apply to a judicial body with a class action lawsuit.

How to declare a house uninhabitable

According to Chapter IV of Government Resolution No. 47, the following procedure is established:

1. Residents write a collective statement to the administration about moving out of the house.
2. On its basis, a commission of experts is formed, which assesses the general condition.
3. A conclusion is drawn up, a copy of which is given to the applicants.
4. The decision is made on average within 5 days.
5. When a house is deemed unfit for habitation, residents will be moved out within 2 weeks. But often the period drags on to several months.

To fill out, you can use the following information:

• with information about the applicants;
• a request for relocation with a description of the damage and deterioration;
• list of documents used as applications;
• applicants' signatures.

List of documents

To obtain the status of unfit housing the first time, attach a list of documents:

• application from residents;
• copies of civil passports;
• title documents;
• expert opinion;
• complaints about contents and harmful conditions filed previously.

The commission will also require additional information in order to make a final decision. They are properly executed and must have the seals and signatures of responsible employees.

Inclusion in the demolition register

If a house is deemed unfit for further habitation, you need to find out when it is planned to be demolished. Information can be obtained from the department of architecture or from the local administration. Plans for demolition and construction are several years in the making. Information is updated promptly. Typically, when a home is vacated, tenants receive notice.

Deadline for providing new housing

After the expert opinion is issued, the house is entered into the regional resettlement register. It is placed according to the queue. Each authority can set its own resettlement periods. In the event of an emergency, residents are evicted immediately, after which keys to new apartments are issued in a short time. In other cases, the period is determined by the availability of priority and new housing stock.

Attention! The eviction of all residents is carried out within 12 months after the building is declared unsafe, unless immediate eviction is planned.

Rights of residents of a dilapidated building

Those who live in the house subject to relocation retain the rights to similar housing in terms of footage and number of rooms. Providing objects without surface finishing is prohibited. Communications must not only be connected, but also work without long interruptions. If the house is not ready to move in, you will have to wait until all systems are fully commissioned and launched.

The resident should contact the responsible person in the administration, where relocation options are offered. You can refuse one of the options in favor of a more acceptable one. But the best options are offered the first time. Residents of dilapidated houses have the right to prompt relocation if the house is in a life-threatening condition.

What can the owner expect?

Measures are being taken against the owners:

• written notification is sent by mail;
• the condition of the housing is assessed;
• a relocation agreement is signed.

The owner has the opportunity to both receive a similar apartment and count on compensation. The state has an obligation to pay the funds at the request of the owner. A redemption price is offered, which you can either agree to or set a higher price. If there is no agreement, the dispute is resolved in court. It is possible to issue an apartment with a larger area, but with an additional payment.

What can an employer expect?

Housing is also provided to those who live in municipal apartments on a social rent basis. Accommodation is offered, which should be viewed in advance. No compensation is provided, because the basis for its payment is ownership of the property. The tenant uses the apartment for an indefinite period; he can live in it, but not manage it.

According to Art. 85, 86 and 89 of the Housing Code of the Russian Federation, when moving from a municipal apartment, local authorities are obliged to provide similar housing. In this case, a new social tenancy agreement is concluded on the same terms. The apartment must be well-equipped, no less than the previous one in terms of area.

Requirements for new housing

The apartment provided to replace the emergency one is equipped with bathrooms and communications. A final finishing is required and the slabs are installed. The area in front of the house is properly landscaped. Parking spaces within walking distance, recreation areas and playgrounds are being installed. Areas for collecting household waste are being established. The new living space must be no smaller in area.

As a result, there is a possibility of recognizing the building as unsafe. The procedure includes providing a standard list of documents and following a strict sequence of actions. A decision is made to provide residents with apartments in the new building.