One of the most problematic areas of life for almost every person in the country is improving living conditions. Unfortunately, the situation in the country’s economy is such that it is not possible to independently purchase an apartment or house with your own funds.
But those people who were able to acquire their own housing may also need additional support. Due to the unsatisfactory condition of the housing stock, especially in the old parts of cities, the city authorities regularly resettle citizens from emergency housing stock.
Which houses are subject to resettlement?
According to the norms of Russian legislation, only those dilapidated houses that are recognized as unfit for living in accordance with the procedure defined at the legislative level are subject to resettlement.
Owners are given the right to receive a new apartment only in cases where the property is owned by the municipality.
Owners of privatized residential premises can also count on new residential premises, but only in certain cases:
- A permanent citizen lives in an apartment building in disrepair.
- If a person owns a private house, properly privatized, but located on a plot owned by the municipality.
The rules for relocation from dilapidated and dilapidated housing are determined at the level of federal legislation. Some issues in this area must be resolved at the local level.
Download for viewing and printing:
Decree “On measures to provide citizens of the Russian Federation with affordable and comfortable housing and improve the quality of housing and communal services”
Who can apply
When providing citizens with new residential premises, the municipality takes into account the grounds for using emergency real estate:
- If an apartment in a dilapidated building was owned by a person, then after resettlement he is paid compensation in the amount of the value of the property.
- If a citizen rented an apartment under a social tenancy agreement, he is provided with a similar real estate condition in which he can live under the same conditions.
- If a person rented a living space, and the house was declared unsafe, then his contract with the tenant is canceled due to force majeure.
At the same time, a citizen who claims to receive new real estate must have all the grounds for such a requirement. If a person does not have the opportunity to confirm his right to resettlement, this issue can only be resolved through the court.
Attention! As a rule, the delay in resolving such issues is associated with complex situations when the actual owner is busy with litigation due to problems in determining the ownership of real estate to a particular person.
Local authorities have the right to provide their own specific deadlines for the resettlement of a residential apartment building. At the legislative level, there is no liability for failure to comply with these deadlines, which, unfortunately, is often abused by unscrupulous officials.
However, delay in the relocation of people living in the house may not only occur due to the negligence of authorized officials. Often, the reasons for such suspensions are the inability to find equivalent residential premises.
Residential premises into which citizens will subsequently be relocated from the house being resettled are purchased by local authorities at auctions and through competitions.
For citizens
Citizens are the actual owners of municipal residential premises who have the right to move to a new apartment under a social tenancy agreement.
At the same time, housing provided to citizens for living must be equipped with all necessary communications and located within the boundaries of the same locality.
Attention! If the municipality manages to reach an agreement with the citizen, the latter may be provided with housing in another locality. How comfortable the apartment is is determined by regional legislation.
For owners
To relocate apartment owners to a new house, residential property owners must contact their municipality administration and submit an application requesting that their house be declared unsuitable for permanent residence.
In addition to the application, the following documents must be submitted to the specialist:
- Technical passport of the residential premises.
- Documents confirming the existence of ownership rights to real estate located in a house recognized as unsafe.
- Certificate of inspection of the condition of the house over the past 3 years, list of work performed.
- Conclusion from supervisory authorities and firefighters.
- A statement that the apartment building is not suitable for permanent residence.
Within 30 days after receipt of documents, they are reviewed by a specialized commission. If it is necessary to verify the authenticity of the information provided, after this period an additional inspection of the house may be carried out to ensure compliance with safety and sanitary standards.
From the housing stock
The resettlement of people from residential premises recognized as emergency can only be carried out in accordance with the target program approved at the legislative level and to those residential premises that are in the municipal fund.
If the municipality does not have the opportunity to provide the owner with similar housing, it is possible to purchase residential premises during the construction stage, but only if no more than 30 percent of the work remains until completion.
Forced relocation
Unfortunately, the results of resettlement quite often do not satisfy citizens due to the fact that the new housing is smaller in size and is not equipped with amenities. Such issues can be resolved forcibly only through the courts.
The court decision must reflect specific deadlines for relocating people from an apartment building, as well as requirements for new residential premises.
Resettlement program
The program must contain the following prerequisites:
- Timing for its implementation.
- Justification of costs.
Rules
In each region of the Russian Federation, a list of houses that are in disrepair and declared unsuitable for permanent residence must be compiled.
As a rule, local authorities try to resettle as quickly as possible those houses where there is a real threat of collapse, because delay in this case can result in human casualties.
Conditions
The program must reflect information about the exact amount of funding. In particular, the allocation of funds for the resettlement of citizens can be made from the local and regional budget.
Sequence
The order in which people will be resettled from housing deemed unsafe is determined by local authorities. Those houses in which there is a real danger of collapse are being moved out of the queue. However, this requires the presence of a corresponding executive document from a local or regional government authority.
Resettlement procedure
Providing housing for social rent
According to the norms of Russian legislation, persons who fell under the program of relocation from dilapidated housing have the right to use new property without registering ownership.
In this case, registration of the right to own an apartment is possible under a social tenancy agreement, on conditions predetermined and agreed upon with the citizen.
Providing equivalent living space
The transfer of new housing to people is allowed only in cases where such citizens are provided with an apartment with all communications and other amenities for comfortable permanent residence.
By agreement of the parties, a person can receive an equivalent apartment in another locality, but in the same region of the country.
Payment of the redemption price
As a rule, this method of relocating a person from emergency housing applies only to the owner of the apartment. The payment amount is calculated based on the cost per square meter of residential premises.
Of course, some of these agreements end in legal disputes, since the person categorically disagrees with the calculated amount.
Notification
The notice contains information that a person living in an emergency apartment building needs to prepare to move. In this case, the document must indicate specific terms for the move and the address of the new home to live in.
Violations of the law
Many violations of the law can be committed by the municipality:
- Unreasonable underestimation of the purchase price of the apartment.
- Instead of an apartment, the owner is given a room in a communal apartment or in a dormitory.
- A person is provided with housing that is smaller in area than the previous one.
Required documents
Resolution
This distribution document must contain an exhaustive list of residents who have the right to receive a new apartment. In addition, the resolution must reflect:
- Deadlines for moving.
- Activities undertaken by local authorities to organize such an event.
- Persons responsible for relocating residents to a new address.
Agreement
The contract reflects information about the redemption value of the real estate, as well as the person’s consent to take ownership of the new apartment.
The conclusion of the contract must be carried out in strict accordance with the norms of Russian civil legislation, taking into account the norms of the Housing Code.
Download for viewing and printing:
Housing Code of the Russian Federation
Moving dates
The exact time frame within which measures for the resettlement of citizens must be carried out is determined in all documentation. The delay of such deadlines can be stopped by filing a statement of claim by the interested party.
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Video about the program for relocation from dilapidated and emergency housing
What is the procedure and features of relocation of citizens from emergency housing?
Every person has the right to live in comfortable and safe conditions. Therefore, if an interdepartmental commission, after conducting a technical examination, makes a decision that a certain house cannot continue to be used for human life, then all citizens living in this property must move without fail.
The resettlement procedure is regulated by municipal authorities. Property owners can choose a new apartment or a buyout price, and tenants must agree to the proposed property. It is important to understand the rules for relocating citizens.
Features of resettlement
This procedure should be implemented exclusively by taking into account the information contained in numerous articles of the LC and PP No. 47.
The whole process is carried out according to several rules:
- the decision is made only by a special interdepartmental commission assembled from specialists in different fields;
- a technical examination is carried out to determine the actual condition of the main parts of the structure;
- if a verdict is made that the building is indeed in disrepair, then it is then decided whether it will be demolished or repaired, and reconstruction of the house may also be ordered;
- all residents must be notified in advance of relocation;
- citizens who own apartments can count on a new identical property or a redemption price, the setting of which takes into account different parameters of the existing housing;
- all emergency buildings are entered into a special program, which indicates the order of relocation of houses and people, and there are additionally deadlines within which these actions must be carried out, and their violations lead to the need for citizens to sue local authorities.
How citizens resettle
If people really live in a dangerous building, then they should move out. This is necessary for both employers and owners.
How are resettlement lists formed? See the link.
Often the residents themselves are the initiators, as they can easily see various problems in their home.
If they want to make sure that there is no danger to their life, then they perform the following actions:
- Initially, you need to draw up an application that is submitted to the municipal authorities;
- the application indicates the need to inspect the structure;
- an examination is carried out by a commission, on the basis of which a certain decision is made;
- the conclusion must be conveyed to all residents of the house, and if it indicates that it is impossible to continue living in such a house, then a notice of resettlement is given to citizens, and it must contain the time frame during which the house must be completely vacated;
- owners can voluntarily conduct an independent survey if they do not agree with the decision of the commission;
- if an independent assessment indicates the optimal condition of the house, then the commission’s decision can be appealed in court.
- What does the law say about relocation from emergency housing? Watch the lawyer's explanation in this video:
- To apply to the interdepartmental commission, citizens must prepare the following documents:
- a statement signed by as many residents of the house as possible;
- certificates of ownership of apartments or social tenancy agreements;
- registration certificate;
- expert opinion, if he was invited to evaluate the structure;
- real estate plan.
Relocation rules
If a decision is made that the house is truly in disrepair, it is entered into the program. Based on it, the timing and order of resettlement of citizens are established.
The procedure must be carried out taking into account numerous rules:
- new housing must be the same in area as the citizens’ previous real estate;
- For some people, standards are additionally taken into account, so they are given a larger apartment, since at least 18 square meters must be allocated for 1 person. m.;
- all new living spaces must be well-equipped;
- the absence of utilities in the new house is not allowed;
- last of all, the resettlement of citizens who own dilapidated apartments and own additional rooms is carried out;
- if it turns out that people have other real estate, then they can only receive the redemption price for the apartment.
The procedure for relocation under a social tenancy agreement
In emergency buildings, people can live in their own apartments or in real estate registered under a social tenancy agreement.
All people who are tenants pay a certain fee for rent, but if the building is recognized as unsafe, then the municipality cannot collect these payments from people before relocation.
When new housing is issued after relocation, a new social tenancy agreement is concluded. Tenants can only count on receiving a new apartment that matches the square footage of their previous home. They never receive the ransom price.
How do owners who don't want to move relocate?
Some people who own apartments in a dilapidated building do not want to change their place of residence, so they refuse to move to a new living space and do not want to receive a redemption price for their property.
Residents must be formally notified of relocation.
In such a situation, the municipality is forced to go to court to force people to move out. It is important that the owners are notified of the eviction 90 days before this process, otherwise the authorities’ demands may not be satisfied by the court.
If owners are forced to evict, they are still awarded compensation, to determine which independent appraisers are invited. Also, citizens themselves can sue if they do not agree with the redemption price set by the municipal authorities. In this case, you must have documentary evidence that you are right.
What myths exist when relocating people from emergency housing?
There are many unreliable facts that are tried to be manipulated by different people who want to receive a large sum of money or a large apartment from the municipal authorities.
Therefore, you should understand the most popular misconceptions regarding this issue.
People living in the center are being relocated to the outskirts of the city
This opinion especially worries people living in Moscow or other large cities, since apartments in the center have a high cost compared to new buildings located on the very outskirts of the city.
Lawyers argue that this is incorrect because additional different regional authorities are taken into account. For example, in Moscow there is a special provision to Law No. 21, which states that every Muscovite can receive housing in their territory of residence.
It does not matter on what basis the citizen uses the property.
Sample application for recognition of a house as unsafe.
Therefore, apartments are issued in houses built in nearby areas. There is an exception if two apartments are provided to one family, since one may be located in the area where citizens live, and the other may be located in another area.
If two families are registered in the housing, then you can get two apartments
In fact, people living in an apartment under a social lease agreement can only count on one apartment, which will be identical in square footage to the previous housing.
Important! An exception is the situation if citizens, before relocation, were registered to improve living conditions, so they can count on receiving housing taking into account the norm for 1 person per 18 square meters. m., so two apartments are often allocated per family.
How will the resettlement of Moscow Khrushchev houses take place under the Renovation program? Read here.
The size of the rooms may also decrease, so you should not reject all the options offered by the municipal authorities, since by court decision they can forcibly relocate citizens to any suitable apartment.
If you register as many people as possible in housing, then the area will be provided according to the norm
This is also a wrong opinion, since only an apartment of identical square footage is offered.
The only exception would be if people are registered as needy. At the same time, they must not, for 5 years, intentionally perform any actions that lead to a deterioration in their living conditions.
You can choose an apartment many times until the municipality offers the ideal option
In fact, the municipal authorities will only offer a few options, and if the tenants do not agree with the move, the municipality will go to court for forced eviction.
How will citizens resettle after 2017?
After 2017, according to the law, people will be relocated from dilapidated housing if in 2017 the buildings are recognized as dilapidated.
The main parameters of such buildings include:
- base deformation;
- lack of utilities;
- inoperative central heating;
- lack of windows;
- high concentration of harmful components in the air.
People living in houses with the above parameters will be resettled in 2018. In this case, residents can independently initiate this procedure.
What are poor housing conditions? See here.
- Under the new program, people will be able to choose their future housing, so if they want to stay in their area and at the same time want a larger apartment, they can pay extra for the construction of suitable living space.
- About the program for relocating residents from dilapidated houses after 2017, watch this video:
How people move during major repairs
If the technical examination indicates the need for major repairs, then during the implementation of these works, residents are temporarily relocated to another property.
Conclusion
Thus, citizens of the emergency building are resettled according to a special procedure.
This takes into account whether they are the owner or tenant of the property.
They can receive an apartment, but only within the available square footage. People are moving to nearby areas.
Attention!
Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:
Attention!
Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:
The order of relocation from emergency housing
Residents of a building that is recognized as unsafe and subject to demolition are evicted from the unsafe building in accordance with the established procedure. In the article, we will analyze the order of relocation from dilapidated housing: which categories of citizens have a priority right to relocation, and whether the owners of a dilapidated house receive housing or monetary compensation in connection with relocation.
Recognition of housing as unsafe
Emergency housing is housing in which more than fifty percent of residential premises, as well as supporting structures, are classified as emergency.
The main sign of emergency housing is the danger to the lives of people living in it and the likelihood of collapse of the premises’ structures.
Housing is considered unsafe if the following signs are present:
- deformation and damage to structures;
- loss of design strength of structures;
- environmental change.
It is necessary to distinguish between emergency and pre-emergency conditions. If the premises are in a pre-emergency condition, in the event of a collapse of the supporting structure, other structures will not be affected and will not entail a change in living conditions.
The wear and tear of the premises by more than 70% is not grounds for recognizing the house as unsafe. The main basis for recognizing a house as unsafe is the conclusion of an interdepartmental commission.
Read also the article ⇒ “Procedure for eviction of a registered person from an apartment.”
The procedure for recognizing an emergency is presented in the table below:
| Stage | Name | Description |
| Stage-1 | Creation of an interdepartmental commission | The homeowner submits an application and the corresponding package of documents to the local government bodies of the Russian Federation to create an interdepartmental commission to recognize the house as unsafe. The commission includes representatives of the executive branch, local government, fire and sanitary-epidemiological safety authorities. |
| Stage-2 | Condition assessment | The created commission evaluates the house for compliance with the requirements. Based on this assessment, a decision is made to recognize or not recognize the house as unsafe. |
| Stage-3 | Obtaining a conclusion | After making a decision, the commission must send a conclusion to the owner of the apartment. |
| Stage-4 | Order to use or demolish the premises | If a house is recognized as unsafe, the executive authorities of the Russian Federation must issue an order within 30 days. This order should describe further measures for this house: demolition or reconstruction. |
The form for the conclusion on recognizing the house as unsafe can be downloaded here ⇒ Conclusion on recognizing the house as unfit for habitation .
Procedure for relocation from emergency housing
The order of relocation from emergency housing
According to the current legislation, citizens whose houses are recognized as unfit for habitation (unsafe) and are subject to demolition are subject to resettlement. Demolition of residential buildings can occur on the basis of:
- recognition of a house as unsafe based on an application from the homeowner;
- state program.
If a house is recognized on the basis of an application from the owner of the living space, the procedure for providing new housing occurs on the basis of an order. This order of the interdepartmental commission specifies the timing and procedure for resettlement.
Signing an exchange agreement is one of the ways to resolve housing relations. Let's consider some resettlement situations with the signing of an agreement:
Situation 1. According to the exchange agreement, an equivalent exchange is legally established. The contract stipulates all the conditions for the provision of new housing. In this case, the market value of the objects must be equal.
Situation 2 . Signing an exchange agreement and compensation to the owner of the damaged housing. If the new housing is unequal, the owner may demand the difference in monetary value as compensation for the unequal exchange.
Situation 3 . The housing stock offers an apartment with a higher market value (more square footage or better conditions), then the owner of the emergency housing compensates for the difference.
- Read also the article ⇒ “Registration in emergency housing.”
- It is legislatively established that residential premises are provided to all citizens who are registered as needing residential premises, in order of priority from the date of their registration.
- The following categories of citizens are exceptions:
- whose residential premises are recognized as unfit for habitation and cannot be repaired or reconstructed;
- suffering from severe forms of chronic diseases.
If a residential premises is recognized as unsafe (unsuitable for habitation), the basis for the provision of new housing under a social tenancy agreement is a decision of local government authorities.
These decisions are issued and sent no later than three working days from the date of their adoption. This decision specifies the period and procedure for concluding the relevant rental agreement.
A necessary condition is the provision of equivalent residential premises at the place of residence of citizens who are subject to relocation from emergency housing.
In fact, the order of relocation of citizens from emergency residential premises is determined by local authorities. A house in disrepair is included in the demolition program, which specifies the time frame for relocating residents.
Regional state program and priority of resettlement
The state program for resettlement from emergency housing is approved by the highest executive bodies of state power. The regional program for the resettlement of citizens from dilapidated housing is regulated by Law No. 185-FZ of July 21, 2007 “On the Fund for Assistance to the Reform of Housing and Communal Services”
The following parameters are recorded in the program:
Resettlement of emergency housing
The resettlement of citizens from emergency housing stock is carried out within the framework of the national project “Housing and Urban Environment” and Federal Law No. 185-FZ. Resettlement is carried out according to regional programs with co-financing from the federal budget.
- Where to contact
- Write a review / question / request
To resettle citizens from emergency housing stock, the following are used:
- Housing Code of the Russian Federation, which provides for the procedure for eviction of citizens from premises unsuitable for habitation;
- Federal Law No. 185-FZ, which provides for the creation of a Fund for Assistance in Housing and Communal Services Reform, development and implementation of regional programs;
- national project “Housing and Urban Environment”;
- federal project “Ensuring a sustainable reduction of uninhabitable housing stock.”
In pursuance of these regulations, each subject of the Russian Federation must approve its own resettlement program from emergency housing stock, submit a program passport and resettlement schedule to the federal register. Only in this case does the state guarantee the allocation of transfers from the federal budget.
Where to find out the timing and procedure for moving out of emergency houses
Information about resettlement schedules can be found on the websites of the authorities of the constituent entity of the Russian Federation. In addition, all passports of regional programs are included in the unified federal register and posted on the Housing and Communal Services Reform portal. On this portal you can find out:
- a list of dilapidated houses subject to relocation, broken down by each region;
- quality control of houses for which there are complaints about deficiencies in the quality of residential premises;
- information about resettlement contracts concluded by a constituent entity of the Russian Federation;
- information about houses under construction under programs for relocation from emergency housing;
- information about houses built under resettlement programs.
If your home is not on the regional lists, or if incorrect information about the resettlement schedule is provided, you can submit an official appeal through the Housing and Communal Services Reform portal.
Who has the right to resettle from emergency housing?
According to Art. 2 of Law No. 185-FZ, the resettlement program includes residential premises in apartment buildings (MCDs) recognized as unsafe and subject to demolition or reconstruction before January 1, 2017. The cause of accidents is physical wear and tear during the operation of the MKD.
The house is considered unsafe according to the following rules:
- at the initiative of residents, the municipality or State Housing Supervision, an interdepartmental commission is created to inspect the house;
- Specialists and experts in the field of real estate are involved in the survey;
- an inspection of load-bearing structures and building elements is carried out, calculations of permissible loads and other examinations are carried out;
- To recognize a house as unsafe and unfit for habitation, significant destruction of the load-bearing capacity of the structures must be confirmed, which creates a danger for citizens;
- based on the conclusion of the interdepartmental commission, the head of the local administration makes a decision to recognize the house as unsafe and subject to demolition or reconstruction (depending on the degree of wear and damage to the structures);
- the decision is sent to the authorities of the constituent entity of the Russian Federation for inclusion in the targeted resettlement program.
If the house is recognized as unsafe, the right to resettlement is acquired by the residents of all premises of the apartment building. Therefore, tenants, owners, and members of their families will be able to receive other housing or compensation.
Options for relocating emergency houses
The exact list of measures for the resettlement of emergency housing stock is approved by the constituent entities of the Russian Federation. Priority in resettlement under Art. 16 of Law No. 185-FZ have:
- residents of a house that was declared unsafe earlier than other houses in the area or block;
- residents of a house in respect of which a court order has been issued for immediate resettlement due to the threat of collapse.
Based on the date the house was declared unsafe, the subject of the Russian Federation creates a list of resettlement. This document is sent to federal authorities and is also published publicly on the Internet.
Regions may provide the following options for relocating emergency houses:
- provision of a flexible (temporary) fund if the house is subject to reconstruction with restoration of characteristics;
- purchasing premises from the developer and transferring them into ownership or social rental for relocation;
- purchase of premises in a dilapidated building from the owners by agreement (methods are used that calculate the market price of sq. m. in a constituent entity of the Russian Federation or the cadastral value);
- purchasing an apartment on the secondary market at the expense of regional budgets;
- participation in shared construction, including at the expense of citizens, if they want to purchase housing above the social norm.
When allocating apartments, rules regarding equivalence and equivalence of housing apply. This means that new apartments must meet the social norm (at least 18 sq.m.
per family member, however, from 2023 the state guarantees the allocation of housing on a “meter per meter” principle), be well-equipped, and located in the same area or locality.
Other factors related to transport accessibility, availability of infrastructure for children, etc. are also taken into account.
Write a review / question / request
Resettlement of emergency housing. What new mechanisms and opportunities will appear in 2023?
On January 1, 2023, a new program to resettle Russians from dilapidated housing will start in Russia. We tell you what and how will change
The amount of funding for the federal project for the resettlement of emergency housing will be reviewed annually, taking into account the regions’ indicators achieved in this area. Advisor to the Minister of Construction and Housing and Communal Services of Russia Maxim Egorov told TASS.
“Until the end of December, the subjects had developed and submitted regional passports to the Ministry of Construction of Russia, as a result the passport of the federal project was approved.
Monitoring the achievement of project indicators will be carried out through the “Electronic Budget” system; we are now concluding agreements with the regions on the implementation of the project. It is also planned to annually review the total amount of project funding by year as part of the budget process.
At the same time, the results achieved by the subjects of the project in previous years will be taken into account,” Egorov said
He also added that new mechanisms for relocating emergency housing are currently being developed. It is expected that their introduction should lead to budget savings, including by attracting investors. At the same time, when distributing federal funding, regions will have to conduct a comparative analysis of the economic efficiency of the chosen methods of resettlement.
New settlement mechanisms
As previously reported, the resettlement of emergency housing in 2023 will follow the same pattern as before. But at the same time, new mechanisms should appear within the year to reduce the housing stock unsuitable for habitation. Legislative changes that will bring these mechanisms into effect will be made before July 20, 2023.
According to the Ministry of Construction, new mechanisms, in particular, include the creation of a specialized housing stock, the provision of housing under rental agreements, and subsidized preferential mortgages. Each region will be able to determine independently which of these options to choose in order to effectively resettle dilapidated houses; local authorities are planning to provide this opportunity.
“Since the socio-economic situation in different regions is different, we offer additional settlement mechanisms precisely as an option that the region can choose itself, including for different settlements within the region.
For example, in large cities it will be important to attract private investors; for remote settlements from which the population leaves, subsidies will be in demand, which will give citizens the right to buy housing in another city,” Egorov said.
Housing not only for the budget
The resettlement of citizens from dilapidated housing is expected to be carried out not only at the expense of the budget, but also with the participation of investors. As the Ministry of Construction previously reported, they tried to attract business to this problem before, but everything came down to the inadequacy of the legislative framework. The ministry is now addressing this gap.
For example, according to Egorov, amendments have been prepared that make it possible to provide land plots for the construction of apartment buildings to developers implementing projects for the development of built-up areas or integrated development projects without holding tenders. The highest official of the subject will decide whether or not to allocate land. The draft amendments are under consideration by the federal executive authorities.
Also, earlier, the Minister of Construction and Housing and Communal Services Vladimir Yakushev proposed to subsidize investors from the Housing and Communal Services Fund for the demolition of dilapidated houses. In addition, he noted that another mechanism for attracting investors would be the simplification of the procedure for the seizure of infrastructure facilities related to emergency buildings.
Emergency or simply dilapidated
Another significant point in the implementation of the resettlement program was the separation of the concepts of emergency and dilapidated housing. The Ministry of Construction proposed to clarify what degree of wear is acceptable for each of them.
In the case of emergency housing, the house is recognized as unfit for habitation, and resettlement and demolition may be a solution to the problem. In the case of dilapidated buildings, major repairs and extension of the life cycle of the building are acceptable.
“In essence, dilapidated housing is significantly worn-out housing, but in terms of its operational parameters it has not yet become unsafe. Therefore, it requires special operating conditions - regular inspections and maintenance repairs.
It is precisely in order to ensure the implementation of such work and take into account the possibility of their constant monitoring, the Russian Ministry of Construction has clarified the definition of emergency housing and introduced the concept of dilapidated housing into legislation,” Egorov summed up.
"Emergency" in numbers
The operator of the resettlement of citizens from dilapidated housing is the Housing and Utilities Reform Assistance Fund; previously, the term of operation of this state corporation was extended until 2026.
According to data published on the Housing and Communal Services Reform portal, from 2008 to 2017, more than 15 million square meters were resettled. m of emergency housing. As explained in the Ministry of Construction, according to the national project, it is planned to resettle more than 664 thousand people into new houses by 2024.
people who currently live in an emergency fund with an area of 12 million square meters. m.
It is planned to allocate 500 billion rubles for the implementation of the federal emergency response project. 432 billion rubles come from the federal budget, 68 billion from regional budgets.
Elena Ruzleva
Relocation of citizens from emergency housing stock in 2023 - federal law, program
How will citizens be resettled from emergency housing in 2023? To be able to relocate, you need to know about some nuances.
What you need to know
To be able to relocate from emergency apartment buildings as soon as possible, it is necessary to know the legislation of the Russian Federation on this issue.
This will allow you to avoid many bureaucratic procedures that are carried out formally.
Basic Concepts
The definition of “emergency condition of a building,” based on the Methodological Manual MKD 2-04.2004, means the current state of the building, in which more than 50% of the living area of the main structure poses a threat to the lives of citizens.
At the same time, the definition of “emergency condition of the supporting structure” specified in the tower act means the current state of the structure of the building.
An individual structure that is in the condition indicated above can be considered pre-emergency if it affects other buildings/structures and cannot lead to current living conditions.
Based on this, we can say with confidence that emergency residential buildings include certain deformations and damage, which entails a danger to the health of citizens during their stay due to the high probability of collapses.
Advantages and disadvantages
The main advantages of relocation from emergency housing are considered to be:
- the opportunity to obtain residential real estate with significantly better living conditions;
- there is an opportunity to sell such property to the state at the average market price;
- There is a possibility of privatization of municipal apartments.
At the same time, if citizens decide to privatize a municipal apartment (owned under a lease agreement) before receiving emergency status, then this will be unprofitable.
This is largely due to the fact that if a citizen is in line for improved conditions, then by law he is entitled to a minimum of 18 square meters. m., and when changing status (for example, if they used it under a social tenancy agreement), he is forced to pay all taxes.
Additionally, you will need to pay housing and communal services in full.
Legal basis
Almost all issues are regulated by the Federal Law on the Relocation of Citizens from Emergency Housing No. 185 of July 2007.
The law clearly provides for a specific mechanism for providing monetary assistance in order to:
- carrying out major repairs;
- possible relocation of citizens and housing that is considered emergency.
Subsequently, the Government of the Russian Federation adopted several more legislative acts that complement the main one.
In particular:
- Residential property that is considered dangerous for residents is considered unsafe. It must be subject to demolition or reconstruction (if repair is possible). Inclusion in the list of emergency buildings is carried out on the basis of Art. 87 Housing Code of the Russian Federation;
- Citizens who are registered in emergency real estate must be relocated to another apartment. The possibility of providing temporary housing is allowed (based on Article 89 of the Housing Code of the Russian Federation).
These legislative norms allow all citizens to know about their rights and use them in order to protect their interests in resolving this issue.
The procedure for relocating citizens from dilapidated and emergency housing stock
The algorithm for relocating citizens from dilapidated houses is as follows:
- Conducting an independent examination.
- Transfer of the necessary list of documentation to a special commission.
- Notifying applicants of the verdict.
- Inclusion of the building in the list of emergency buildings.
- Relocation of citizens.
Let's consider the questions of interest in more detail.
Where to contact
Citizens who believe that they live in an emergency or dilapidated building must contact a special interdepartmental commission, which is located in the local administration.
Along with the application you must provide:
- a deed that can confirm the legal ownership of a residential property. It can be a document of ownership;
- technical certificate;
- plan for residential real estate (meaning project);
- a drawn up documentary conclusion of an independent examination.
- In addition, it is possible to submit various complaints that were generated by neighbors.
- The commission reviews the submitted documentation within 1 calendar month, and then makes appropriate decisions.
- Upon completion of the established period, the commission notifies applicants of its decision:
- within 5 days (standard period);
- if a high level of threat to the life and health of residents is identified - within 1 calendar day.
If you disagree with relocation to another property, it is recommended to contact a judicial authority and wait for the court’s decision.
When does housing fall into this category?
Unsuitable for living are those buildings that:
- officially recognized as emergency;
- are located within sanitary protection, explosive or fire hazardous areas of industrial companies, and in other areas in which special conditions are provided prohibiting the construction of residential buildings;
- are located in the dangerous zone of a coal dump, shale mine or processing plant;
- located in the area of landslides and other avalanches;
- located in an area that is subject to regular flooding;
located in an area that is recognized at the state level as environmentally hazardous; - do not provide for the possibility of providing various public services.
At the same time, an emergency condition may occur due to:
- deformation, various damages, decrease in the level of strength and load-bearing capacity of one or several load-bearing structures (for example, foundation, walls, and so on);
- deformations of the main building;
- damage caused by earthquakes, subsidence of various levels and other natural disasters;
- any accidents, fires, etc., provided that it is impossible to carry out major or restoration repairs based on economic justification.
All of these factors allow us to talk about the possibility of recognizing this or that housing as unsafe.
Based on what law
Residential real estate can be recognized as unsafe under the conditions specified in the approved Resolution of the State Construction Committee of the Russian Federation dated February 2004 No. 10.
It is worth noting that the resettlement of citizens from emergency housing stock in Moscow is carried out on the same basis.
What program is there?
At the state level, the Housing program was introduced back in 2006. It was extended by the Government of the Russian Federation for 2013–2016.
According to the established rules, each region of the country undertakes to develop and periodically update programs at the local level.
Due to the different state of the housing stock in state entities and the financial state of regional budgets, the level of maintenance varies.
Based on each program, a special register of dilapidated and emergency buildings was formed.
If, during the process of carrying out a technical examination, another building receives a similar status and is subject to further demolition, then it will be included in the existing queue.
The period of resettlement is affected by:
| Rendering time | An official documentary conclusion by a specially formed interdepartmental commission regarding the fact that the house was recognized as unsafe |
| Real danger level | Which the house represents for residents |
Each region has every right to independently determine settlement periods and display them in the program.
Every resident of a building in disrepair is required to receive notification of the period of resettlement and demolition of their home.
The resettlement procedure itself is carried out in strict accordance with the Housing Code of the Russian Federation.
The legislative act clearly describes the procedure for providing residential real estate to owners of privatized apartments, as well as tenants of municipal or state real estate.
One of several mechanisms may be applied to owners, namely:
| Other housing is provided to replace the previous one | Based on the signed agreement regarding the exchange |
| Providing payment of the redemption cost for real estate | Which is seized from possessions |
In the first situation, residential property should not be smaller in area than the previous one and at the same time be located in the same area where the emergency building is located.
In the event that the provided living space does not meet the owner’s forecasts, then he has every right to agree to receive the redemption cost, which is formed with the obligatory consideration of the average market price of this type of real estate, as well as the owner’s share in the structure of common ownership.
The provision of other residential real estate to the tenant takes into account the above conditions, as for owners. Many people ask the question: is it possible to refuse to move?
You can refuse further relocation in the following situations:
- if the owner or tenant of the real estate is provided with other real estate that is recognized as undeveloped, smaller in area or does not meet other requirements specified in the Housing Code of the Russian Federation;
- if the owner is offered a significantly reduced redemption price as an alternative.
- When deciding to refuse to move, you must pay attention to the fact that the legislation of the Russian Federation reserves the right for an authorized body to demand, through a judicial authority, forcible eviction from a dilapidated house.
- However, this is possible provided that the calculated redemption cost or other property meets the requirements of the Housing Code.
- Video: relocation of citizens from emergency housing stock
Attention!
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
That's why FREE expert consultants work for you around the clock!
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