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

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

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

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

What is the Housing program?

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 In this regard, the government postponed the deadline for the resettlement of citizens from critically outdated facilities to September 31, 2017.

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

What kind of housing is considered unsafe?

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

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

In what cases is housing considered unsafe?

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

  • deformation of the foundation or walls;

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

  • there is a possibility of the house collapsing;

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

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

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

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

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

If residents suspect that the technical condition of their home is unfit for habitation, they need to contact their local government. When citizens apply, representatives of regional authorities are obliged to refer residents to a specialized organization to determine the condition of buildings. 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 a one-room apartment with an area of ​​44-50 square meters. meters. A family of three will receive an apartment measuring 62-74 square meters. meters. According to the standards, at least 18 square meters are allocated for each registered person. meters.

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

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

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

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

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

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

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

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

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

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

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

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

If the residents of the house do not agree with the decision of the interdepartmental commission, they will have to go to court. At the same time, as evidence that the commission made mistakes or violated the procedure for making an opinion, residents will need to supplement their claim with a written conclusion of an independent technical examination.

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, entry into 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 the 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.

The latest news about the resettlement of citizens from dilapidated and dilapidated housing in 2019 suggests that the main points have already been revised and the procedure for carrying out this procedure will be completely different than in previous periods.

Today, the resettlement of dilapidated and emergency buildings is carried out at the expense of budgetary allocations, which makes it possible for owners, regardless of their earnings, to receive a new apartment for free. The amendments did not affect this part this year, but significantly changed the procedure for recognizing high-rise buildings as unfit for habitation. Let's look at the new provisions in more detail and highlight those points that you should pay attention to.

According to current legislative norms, in Russia, starting next year, a different procedure for recognizing housing as dilapidated and unsafe will be in effect.

The following characteristics may serve as grounds for classifying a building as unsuitable for habitation:

  1. The house has a deformed foundation and cannot be restored or repaired.
  2. There are no communications in the room, for example, electrical wiring or plumbing.
  3. The house is not connected to the central heating system, and each apartment is heated individually.
  4. The apartments do not have windows, which does not provide enough light to maintain normal health for the residents.
  5. Living spaces contain a large amount of toxic substances, which is contrary to Russian Federation standards.
If at least one of the characteristics is present in a certain building, then the house is considered unfit for habitation and must be demolished.

Rules for the resettlement of residents

As part of the state program, the resettlement of citizens in the period 2016-2020 will take place according to new rules:

  1. The new living space must correspond to the old one in size or to the criteria established by the state - 18 square meters. meters per resident. For example, if a family of 4 lived in a room of 40 square meters. meters, then she can count on receiving a new home with an area of ​​72 square meters. meters and more.
  2. The resettlement of citizens should take place in houses where living conditions will not be worse than in the old apartment.
  3. First of all, new housing is provided to people who have no other options for living.
  4. If the homeowner lives in another place, and the building in which the apartment is located is included in the list of emergency buildings, he is not entitled to a new living space, but compensation is paid.

Changes after 2019

At the end of this year, the state resettlement program will cease to operate in its previous form. Under the new procedure for obtaining apartments, owners are provided with an additional payment for living space.

The main goal of this innovation is to increase the responsibility of the population for new apartments. In addition, the purpose of introducing payment presupposes the possibility of choosing the living space where the owners of dilapidated housing will move in. For example, if a citizen wants to stay in the old area, he will have to contribute a certain amount towards the construction of new housing.

For residents of historical areas, the state program provides for separate conditions of participation, under which the owners will be able to choose a new place of residence independently.

What if the owners cannot pay the required amount?

The likelihood that owners will not be able to deposit the required amount of money is very high. In this case, another option for obtaining housing is provided - signing a social rent agreement. This method involves registering a non-commercial lease of residential premises with subsequent purchase. In other words, the resident pays only for utilities. You can count on this option:

  • residents with disabilities;
  • low-income and large families;
  • persons of retirement age.
All other groups of citizens who have chosen social rent will be required, in addition to utility bills, to pay monthly rent - up to 70 percent of the market rental of residential premises.

It is important to note that new apartments from the state will no longer be provided free of charge from September 2019. The new procedure will apply to housing that is deemed uninhabitable in October.

What is the essence of the changes made?

On the one hand, many people participating in the project will think that these measures are very strict and were taken specifically to deprive citizens of their living space, but there is also a logic in the decision taken. Very often, government projects involve people who specifically purchase old housing in order to then get a new apartment and sell it profitably.

The program is designed to provide people who really need it with new living space. Innovations will make it possible to solve this problem much faster and at the same time get an apartment for families, especially those in need, without turning to the bank for a mortgage loan.

Conclusion

Starting next year, the resettlement program will operate under different conditions, and people will no longer be able to get new housing completely free of charge. The requirements for recognizing buildings as dilapidated and unsafe will also become more stringent. Persons who cannot pay the required payment for new housing will have the opportunity to sign a social rental agreement, but will still have to pay for the use of living space, but on a monthly basis.

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

Legislative regulation of the issue

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

The procedure for recognizing residential premises as unfit for habitation

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

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

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

Reasons for classifying residential premises into this category are:

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

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

Terms and conditions of this program

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

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

The subject and terms of the agreement may be:

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

Who can ask for help

Residents who:

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

Registration procedure

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

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

What can you get in return?

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

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

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

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

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

How can you speed up the resettlement process?

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

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

Benefits of this program are:

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

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

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

Regional features

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

So, in Moscow The category of dilapidated housing includes:

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

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

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

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

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

Since 2002, resettlement from dilapidated and dilapidated housing to new buildings has been taking place under a state program. The issue of relocating dilapidated houses has been of concern to both the government and property owners for a long time. Residential buildings are currently worn out, it takes a long time to collect funds, so the problem is very urgent.

Legislative issues

Over the fifteen years that have passed since the founding of the program for relocation from dilapidated housing, legislation has provided a definition of dilapidated and dilapidated housing. This is recognized as:

  • when the degree of wear of supporting structures reaches 70 percent;
  • the foundation or walls of the house have changed shape;
  • natural disasters hit the house;
  • the house was destroyed or damaged by fire.

If the area of ​​the new apartment that the resettlers received to replace the dilapidated premises is smaller, then they are paid the difference in cost. Such compensation payments are provided to citizens after members of a special commission decide on the need for such compensation.

When relocating from dilapidated housing, conflicts of interest between owners and municipalities may arise due to not entirely clear instructions in legislative acts, which can be interpreted in two ways. Therefore, it is quite predictable for migrants to appeal to the courts and the prosecutor’s office when resettling from dilapidated housing.

Stages of decision-making for resettlement

The program is carried out only in those houses that are considered worn out or in disrepair and are scheduled for further inspection. After this, the following actions are organized:

  • form a commission that will check the condition of the house on the issue of resettlement of the dilapidated building;
  • make a conclusion based on the results of the inspection;
  • a dilapidated house, when it is recognized as such, is put on the queue for resettlement and demolition;
  • municipal authorities give owners and tenants other apartments;
  • residents of an apartment building move to a new place;
  • the building is being demolished.

At all stages, controversial situations arise that residents of apartment buildings often have to resolve in the courts and prosecutor's offices. Many complaints are also received by municipal regional authorities, because of this the state program for relocation from dilapidated and dilapidated housing is being carried out with delays and difficulties. One of the interesting points is that when a house is assessed as dilapidated, even in this situation, the residents must be relocated. To do this, you need to prepare acts and convene a commission, which will finally recognize the house as dilapidated and confirm the need for eviction.

All this red tape slows down the process of relocating citizens and demolishing the building; on top of that, in each house there are preferential categories of citizens who are entitled to receive all the benefits out of turn. Many of them rightfully deserve it. Also, all residents of multi-storey buildings can pay money for apartments that have a larger area. In addition, there are many more subtleties that arise when it is necessary to relocate all citizens from emergency housing. To resolve issues, the integrity and activity of representatives of local authorities is necessary. There is a “Dilapidated Housing” program in rural areas.

Since 2019

After the completion of the 2002-2010 program, the leader of our country signed a federal law that regulates the eviction of citizens from dilapidated and dilapidated housing. It was assumed that people who live in worn-out and unusable houses would move to new and comfortable buildings with more suitable and high-quality living conditions. But in some republics and cities of the country, the program for relocating dilapidated and dilapidated housing was simply failed.

The regional targeted program for the resettlement of citizens from the emergency fund was disrupted in some regions for many reasons that did not allow it to be completed within the allotted time. The most important of them are the following:

  • the impossibility of meeting the requirements for equal value of new housing due to the fact that there is no such thing in the area;
  • eviction of residents of communal apartments is difficult for many reasons, housing of this type is no longer being built, and no one agrees to move other people into their apartments;
  • permission for free privatization of apartments obtained from the municipality's working housing stock makes the construction of new houses unprofitable.

In accordance with the program, all actions for resettlement from emergency housing after 2017 are paid from the federal treasury. Moreover, governing bodies are required to create their own programs for three-year resettlement periods. Since since 2007, evictions and major repairs have been under the control of the Housing and Communal Services Fund, only this organization convenes regional commissions that check the condition of buildings and the possibility of ensuring that the resettlement program from the emergency fund is carried out.

Emergency housing

The federal resettlement program concerns only those buildings for which a deliberately assembled commission has made a conclusion that they are dilapidated and unsafe, that is, that it is impossible to live in them. The conditions for recognizing the dilapidation of a house have already been written above. In order to establish the level of deterioration of a building, it is necessary to assemble an interdepartmental commission; the Housing Code of the Russian Federation regulates this. All buildings deemed unfit for habitation are demolished or renovated.

The interdepartmental commission examines only those buildings that are on the list of individual resettlement programs implemented in the region. But in practice, after complaints and appeals from citizens living in a physically outdated building, these buildings are checked and included in the program after an inspection that revealed the impossibility of habitation. For verification, members of the commission must provide building plans, technical certificates of the premises, and copies of title papers for the property.

The provision of replacement housing is carried out only for residents of emergency buildings, because by living in such houses, they endanger their well-being. Moreover, it is life-threatening. Evictions are not carried out in buildings that are considered only dilapidated. But at the same time, when dilapidated housing is extremely worn out, it can be put on a priority list for demolition if the commission approves it as a worn-out object.

How to enter the program

When residents of multi-storey buildings are confident that their housing does not meet the standards of a quality building, they need to send an appeal to local executive bodies. After this, employees of this organization send citizens to an institution that specializes in conducting expert opinions after inspecting houses under the Dilapidated Housing program.

In order to contact this institution, you need to collect the following documents:

  • house plan;
  • photocopies of ownership documents certified by a notary;
  • registration certificate of the house;
  • conclusion about the condition of the house;
  • statements from residents about the dilapidation of the property.

After the inspection, the commission decides within thirty days whether the house is dilapidated. But if there are dangerous risks for residents of a worn-out building, the decision must be made within one working day. When housing is not recognized by the commission as unsafe, citizens have the right to appeal to the courts, which will appoint an independent expert to resolve the issue.

Conditions for resettlement from emergency housing

If a building is recognized as unsafe, management authorities must evict citizens as quickly as possible. But for this, the following resettlement conditions are observed:

  1. All tenants and owners are provided with equivalent apartments that have the same area as the previous emergency housing that has fallen into disrepair. A new apartment must have a bath, shower, taps, toilet, gas stove, drainage and water supply, heating, electricity.
  2. When relocating from dilapidated premises, three options are offered to choose from, but the requirements of the owners are not taken into account.
  3. The same as for owners and tenants who have entered into a social tenancy agreement.
  4. The area of ​​the future apartment is calculated in accordance with the current regulations for residential premises, which are provided under a social tenancy agreement. For example, a married couple will move into a one-room apartment, the area of ​​which is from 44 to 50 square meters. Three residents, who are related to each other, will move into a space ranging from 62 to 74 square meters. According to the standards, one citizen of the country is required to have no less than 18 square meters.
  5. When a resident of a house subject to eviction was included in the waiting list for expansion of living space, he will move into the premises taking into account the lack of square footage. There are rare situations when the local housing stock does not have premises of the required size. Then an additional apartment is issued.
  6. Resettlement from dilapidated and dilapidated housing into communal apartments is prohibited.
  7. The apartment provided is located in the same district as the building to be demolished. However, if residents agree, they are resettled in other districts.
  8. The resettlement of dilapidated and dilapidated housing in 2017 occurs only when there is written consent from the tenants.
  9. Citizens are resettled from emergency housing within a year after it is recognized as such.
  10. A detailed exchange agreement is concluded between the owner of the new home and the owner of the building. Basically, the owner of a residential building is local authorities, which are assigned a municipal targeted program for resettlement from dilapidated housing.
  11. When a prospective migrant wants to take compensation in the form of cash for an emergency facility, he writes a similar statement. But the decision on this issue rests with local municipal authorities. In addition, compensation payments are not beneficial to the owner of the apartment that is subject to demolition.
  12. The resettlement of emergency housing is carried out at the expense of local municipalities. But please note that moving trucks are provided only once.
  13. Once a building is declared unsafe, the owners of residential premises cannot sell or exchange them. Such manipulations with the apartment will be outlawed.
  14. After an agreement is signed between the owner of the emergency premises and the owner of the building, eviction occurs within a month.
  15. When the owner of the property lived in an apartment whose area is much smaller than the current standards, then upon resettlement he will be given a separate room with a standard area, that is, the size of the housing instead of the emergency one will be larger.
  16. Residents of communal apartments are provided with a separate apartment when moving out of emergency premises.

If apartment owners and tenants disagree with the decision of the interdepartmental commission on the relocation of citizens from emergency housing stock, a claim must be filed in court. To apply, you must provide the results of independent experts who declared the property unfit for habitation during measurements and technical examinations.

Eviction of owners

When the housing being resettled has apartments in its possession, local executive bodies must follow the following procedure for relocating emergency housing:

  • mandatory written warning to each property owner;
  • inspection of emergency housing of owners, which is subject to resettlement, in order to assess its value;
  • conclusion of an agreement with the owner of the property.

The last point is necessary in the case when the owner chooses to pay for the premises in cash as compensation; for this purpose, an independent assessment is carried out. Next, an offer is made to the owner, stating the ransom amount. In this case, you need to bargain, since the current legislation supports property owners. But more often, they still choose to get a new apartment with the same area. Many people prefer to buy additional meters, thus increasing their living space. This is a profitable deal, because the price of square meters purchased from the municipality is less than on the free housing market. Owners can also receive government support. The procedure for relocating from a dilapidated building is similar.

Resettlement of municipal housing tenants

Tenants under a social tenancy agreement live in apartments in a multi-storey building. When such residents are evicted to a new house, municipalities provide comfortable apartments in accordance with the number of people registered in the emergency facility. Such housing standards when moving out of a dilapidated building give scope for fraudulent actions on the part of tenants and their relatives.

When a building is declared unsafe, they register a lot of citizens with them in order to subsequently move to housing of larger footage, and then privatize it. When municipal authorities discover fraud in such manipulations, they may refuse to provide a new apartment. The program for resettling emergency housing after 2017 operates differently; now no displaced persons will be allowed to privatize a new apartment. This is only possible if the future home owners are co-investors in the construction of a new home.

But many investors do not want to invest in the construction of buildings that are being built with public money. If such changes are adopted, displaced persons who did not become co-investors for various reasons will move to new apartments only upon concluding a social tenancy agreement; the new program facilitates this. It will be difficult to obtain housing for social rent; only certain categories of residents will be able to do this:

  • recognized as poor;
  • having three or more children;
  • those who are retired;
  • other socially vulnerable citizens.

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