There are often problems with registration in an apartment that is being demolished. In this case, it is almost impossible to register. If you allow everyone to register in emergency housing that is being demolished, then surely some citizens will want to earn extra apartments or square meters through this resettlement program and will go to register with relatives or friends.
The Moscow government stated that registration in apartments that are being demolished will be allowed not to everyone, but to those who are born or marry a resident of the apartment. And the rest of the applicants for emergency housing are checked by a special commission.
In this case, neither the Civil nor Housing Codes, nor government regulations have grounds for refusing registration on the basis of the occupancy of the house. Otherwise, during registration, the officials’ refusal must contain a reasoned response, which will indicate the basis for the refusal.
Officials simply arbitrarily prohibited registration. By doing this they violate the rights of the owner and members of the owner’s family.
Citizens have the right to appeal the refusal received in court. In this case, you can go to court to appeal the unlawful actions of officials. But at the same time, you must receive a written refusal with reasons and attach it to the statement of claim. In Moscow there is already a practice of appealing to the prosecutor's office on this basis.
Usually people think that the more people they register in an apartment, the more meters they will be given. Unfortunately, this is taken into account in relation to non-privatized housing. There are many anecdotes and stories associated with registration.
There was one case when 24 people were registered in one non-privatized apartment, standing as emergency housing for demolition. Each of them claimed 18 square meters. m in a new house.
Simply registering for a house that is on the demolition line will not work.
In this case, registration stops as soon as the prefect’s decree on the list of demolished unsafe houses is issued. According to the law, it is impossible to register if there is less than 12 square meters per person.
m of living space.
For example, this right can only be retained by citizens who were not present due to being in the army or in prison; this group also includes children under 18 years of age.
On the contrary, you can register at least a hundred people in a privatized apartment. In this case, they are based on the principle “my apartment - I do what I want.” But this quantity does not affect the quality.
Do not forget that when distributing square meters, the authorities take into account the law “On improving the living conditions of Moscow residents.”
September 10, 2011
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Is it possible to register in emergency housing according to the law?
For many people there is a problem with registration. Despite the existence of the right to freedom of movement in the Russian Federation, this legal institution has not been abolished; it is required when applying for loans, and is often necessary for getting a job.
In addition, having a residence permit allows you to have the right to stay in housing, and in the case of emergency housing, the right to receive a similar area in the event of resettlement.
Therefore, almost everyone who lives in dilapidated or worn-out housing is concerned with the question: is it possible to register in a dilapidated house.
When can a citizen be refused registration at his place of residence?
First of all, it should be noted that there is no direct prohibition in the current regulations on registration in emergency housing, so many lawyers take up challenging the actions or inactions of municipal authorities regarding registration. They justify their legal position by the fact that, according to the law ensuring the right of citizens of the Russian Federation to freedom of movement, it can be limited only in the following cases:
- When living near the border;
- The citizen is located in a closed territorial entity or military camp;
- In places where an environmental disaster occurred;
- In territories where a state of emergency or martial law has been introduced, as well as in places with special living conditions.
Since this law does not provide for restrictions prohibiting registration in emergency housing, a person who is in it legally (under a social tenancy agreement or by right of ownership) can be registered in it.
However, in practice there are certain difficulties in this process.
In particular, if the condition of the house is recognized as emergency, and it is included in the list of houses whose residents will be resettled, then after this fact it will be impossible to register in it.
What kind of housing can be considered unsafe?
The procedure and grounds for recognizing a house as unsafe are contained in the Housing Code of the Russian Federation, as well as individual government decrees that decipher the provisions of the Housing Code of the Russian Federation.
In particular, it sets out the criteria by which a house can be recognized as unsafe.
If the building is recognized as unsafe in accordance with the housing law, it will need to be demolished, and residents will be given the right to receive another apartment in exchange for the unsafe housing.
A house or individual apartments in it may be declared unsuitable and dangerous for living based on the results of an inspection by a special commission. In order for the commission to begin its work, it is necessary to draw up a special application, so the question of the owners of emergency premises, how to draw up this application, is very relevant. A sample document can be found on specialized websites.
When inspecting a house, experts pay attention to the following points: the level of wear and tear of the premises in general, and especially its foundation and floors. As a result, the commission recognizes the house as unsafe, and its residents receive the right to be provided with an apartment if the following signs are present:
- The area where the house is located is considered life-threatening;
- The building is deformed and has significant damage, including as a result of accidents or natural disasters;
- There is increased noise or a constant unpleasant odor in the premises, as a result of which it is impossible to stay there for a long time.
After the premises are recognized as unsafe, the owners have the right to receive a new apartment for their place of stay and residence within the same city or locality.
Features of registration
Registration in an emergency apartment is quite possible, but only until it is included in a special list of premises whose residents must be evicted.
Relocation from emergency housing can take a long time, but from the moment the decision is made to include it in the specified list, it will be impossible to register the child there or register yourself.
This is due to the fact that in some cases, unscrupulous citizens specifically buy apartments from residents of dilapidated buildings, so that they can then promptly register there and receive the right to a new apartment.
At the same time, it must be remembered that the condition of the premises is not a basis for refusal of registration. Both the owner of the apartment and his family members can obtain a residence permit. There are two options for obtaining registration. The first is for residents living in an apartment under a social tenancy agreement. They need to submit the following documents to the passport office:
- Confirmation that the person has moved out of the previously occupied premises;
- Application in the prescribed form;
- Passport or equivalent document;
- Receipt of payment of the duty to the budget;
- Confirmation of the existence of grounds for occupancy: certificate of ownership of the premises, consent of the owner and rental agreement for the apartment.
The second option is to register at your place of residence - if you own the premises. Registration in privatized housing requires the consent of all apartment owners.
If such a document is available, then if there is confirmation of the right to the premises, the person must be registered in the apartment.
However, it must be remembered that the privatization of dilapidated houses is a complex procedure and may not end in success.
The procedure for obtaining the landlord's consent
If there is a social tenancy agreement for a place of residence, registration is provided only with the consent of the municipality. Registration can only be refused if the area of the premises is less than the established standards.
However, in practice, municipal authorities often do not register relatives of owners of emergency apartments, for various reasons.
This is done in order to minimize the amount of liabilities in the event of resettlement of residents.
If the owner or his relative is denied registration, it is necessary to go to court. You can get legal assistance from various lawyers who specialize in housing law and similar disputes.
Arbitrage practice
The main disputes concern violations of citizens' rights by municipal authorities. They issue registration refusals, which violate citizens’ rights to freedom of movement and choice of place of residence, do not comply with the deadlines for making a decision on recognizing a house as unsafe, and so on.
Going to court is quite advisable. In practice, courts often defend the rights of citizens, which allows them to solve their own housing problems. Thus, the answer to the question of whether it is possible to register in emergency housing is clearly positive. However, there are certain nuances in this process.
In particular, it is necessary to obtain the consent of the municipality if housing is rented under a social tenancy agreement. You should monitor the timing and status of the house when registering. As soon as housing is officially given emergency status and is included in the list for resettlement, it will be impossible to register there.
It is also necessary to remember that the sale of emergency housing is prohibited, and various types of liability are provided for violating this prohibition.
The Sun explained the rights of citizens in the program for the resettlement of emergency housing
Resettlement of barracks and other buildings poorly suitable for human habitation is a complex process. Resettlement often gives rise to conflicts between residents of emergency apartments and officials. What rights do future new residents have in this case and what rights do officials have, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation explained.
The interpretation of the law by a high court is very important, since according to statistics there are many such claims throughout the country. One of them is a lawsuit filed by a resident of Yakutsk against city officials.
In court, the citizen demanded that the local administration provide her with ownership of housing in exchange for the one that was being demolished. The plaintiff said that the apartment building in which she lives, by order of the city administration, was recognized as unsafe and subject to demolition.
The house is included in the regional program for relocating citizens from emergency housing stock. But the housing that was offered to her does not suit her.
In response to the lawsuit in court, officials said that the administration simply decided to seize the plaintiff’s apartment, since all the resettlement deadlines had passed and the woman was not moving. The solution, in their opinion, is to evict. The plaintiff was sure that she should be allocated “equivalent to the occupied comfortable living space.”
But the Yakutsk City Court decided not in favor of the resident of the emergency housing and rejected the claim. The Judicial Collegium of the Supreme Court of the Republic supported its colleagues. The plaintiff had to appeal to the Supreme Court of the Russian Federation.
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The Supreme Court of the Russian Federation studied the dispute and agreed with the citizen’s arguments, since, according to the high court, in the case “there are grounds for canceling the court decisions taken in the case.” The Supreme Court of the Russian Federation found violations in the decisions of both the city court and the appeal.
This is what the Supreme Court saw in the case materials. Our heroine bought an apartment in the building in 2014. A few years earlier, the building was declared unsafe and was included in the republican resettlement program. Her daughter was registered in the apartment with the plaintiff.
The court documents contain an order from the city administration to allocate the citizen an apartment where she was to move. This housing was given in exchange for square meters “subject to seizure for municipal needs” in a dilapidated building. But the plaintiff did not agree to move into the proposed housing.
And she wanted another apartment, stipulating that she wanted housing “at no additional cost.” The city court, refusing the plaintiff, proceeded from the fact that the provision of housing to the owners in exchange for the seized one “is allowed only by agreement with the local government.” But such an agreement “was not reached,” since the citizen refused the proposed premises.
The appeal with the wording of the refusal agreed. But the Supreme Court of the Russian Federation did not agree.
First, the Supreme Court of the Russian Federation recalled the housing rights of the owner in a house that was recognized as unsafe. These rights are written about in Article 32 of the Housing Code.
And it says the following - in the case when the owner of a home in a dilapidated building “has not carried out its demolition or reconstruction, the local government body makes a decision to confiscate the land plot on which the dilapidated house stands for municipal needs and, accordingly, to confiscate each apartment in the house.” .
Compensation for emergency residential premises, terms and other conditions of seizure are determined by agreement with the owner.
The Supreme Court of the Russian Federation once again cited Article 32 of the Housing Code, which states that forced seizure of residential premises on the basis of a court decision is possible only subject to preliminary and equivalent compensation.
In this case, another residential premises in place of the seized one can be provided to the owner only if there is an appropriate agreement reached with the local government, and only with the offset of its value when determining the amount of compensation for the seized housing. This is again the Housing Code, Article 32.
If a residential building recognized as unsafe is included in the regional resettlement program, then the owner of the housing in such a building, according to the law “On the Fund for Assistance to the Reform of Housing and Communal Services,” has the right to be provided with another residential property or to buy it out. At the same time, the Supreme Court of the Russian Federation emphasizes, the owner has the right to choose any of these methods of ensuring his housing rights.
The Supreme Court clarified when it is forbidden to build a shopping center next to a residential building
The conclusion from everything said by the Supreme Court of the Russian Federation is this: our plaintiff, at her choice, has the right to demand either the purchase of her premises or the provision of another property to her.
The plaintiff correctly notified the city administration that she had chosen the method of exercising her housing rights by demanding the provision of another housing property. The citizen refused the proposed housing.
But here’s what’s important: this refusal is not a refusal of the citizen’s chosen method of realizing housing rights “in the form of providing other housing as property.”
And here’s what else the Supreme Court reminded its colleagues: the Yakut City Court’s refusal to the administration’s claim to forcibly relocate our heroine to the housing proposed by the administration came into legal force.
Conclusion: according to the Law “On the Housing and Utilities Reform Assistance Fund,” the local administration “has an obligation” to provide the plaintiff with ownership of other equivalent comfortable housing. But the local courts, when making a decision to reject the citizen’s claim, did not apply these provisions of the law, although they were “subject to application.”
And yet, in violation of Article 196 of the Civil Code, the Yakut courts “erroneously examined the question of the presence (absence) of grounds for emergency provision of housing to the plaintiff according to the rules of Article 57 of the Housing Code, since the plaintiff did not state such requirements.”
Is registration in emergency housing prohibited?
Registration in emergency housing is regulated by the Law of the Russian Federation No. 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation” dated June 25, 1993. In the article we will analyze the features of registration in emergency housing, consider in what In cases, citizens may be denied registration in emergency housing.
What kind of housing is considered unsafe?
Registration in emergency housing
The emergency condition of the premises is a condition in which more than half of the residential premises, as well as the main supporting structures, are classified as emergency and pose a danger to the lives of those living in it.
There are the following signs of an emergency condition of structures:
- deformation;
- damage;
- loss of design strength;
- environmental change.
The pre-emergency state of a structure is a condition in which, in the event of a collapse of the load-bearing structure of the premises, other structures will not be affected and will not entail changes in living conditions.
The main difference between emergency housing and dilapidated housing is that living in this building is dangerous for the lives of the people living in it. Since there is a real possibility of the room collapsing.
At the same time, the fact that the building is worn out by more than 70% is not a sufficient basis for recognizing the building as unsafe. A house is recognized as unsafe based on the conclusion of an interdepartmental commission.
The commission includes representatives of the executive branch of the Russian Federation, local government, fire and sanitary-epidemiological safety authorities.
Based on the commission's assessment, the house is considered unsafe and subject to demolition.
The procedure for recognizing housing as unsafe
To recognize housing as unsafe, you must go through the following procedure.
Stage 1 . The homeowner submits an application and the corresponding package of documents, on the basis of which a commission is created to recognize the housing as unsafe.
Stage 2. Assessing the housing’s compliance with established requirements and making a decision based on the results of the commission.
Stage 3. Transfer of the conclusion to the applicant (homeowner) in the form of a written notification by mail.
Stage 4. If a positive decision is made, namely, the housing is recognized as unsafe, within 30 days the executive authority of the Russian Federation must issue an order on the further use of the premises (demolition or reconstruction).
Read also the article ⇒ “Eviction from non-residential premises.”
Features of registration in emergency housing
Registration allows a person to use housing for the period of registration, that is, until discharge.
According to the current legislation, there is no prohibition on registration at the place of residence or stay, regardless of the condition of the housing: dilapidated or dilapidated.
A list has been established by law according to which the right to registration may be limited (Article 8 of Law No. 5242-1). Registration in emergency housing does not apply to this list.
Both the owner and his family members, as well as tenants of a municipal apartment, can register in emergency housing.
The basis for registering a citizen in emergency housing is:
- consent of the landlord for a person living in an apartment under a social tenancy agreement;
- consent of all apartment owners for a person living in a privatized apartment.
A citizen can register in a dilapidated house until the prefect issues a list of houses to be demolished. After such a decision is made, registration in an emergency house is impossible.
In case of refusal to register in emergency housing, the decision may be challenged in court.
Procedure for registration in an emergency apartment
Every citizen can exercise his constitutional right to choose any place to live within the borders of the Russian Federation, except for legal restrictions. After a change of residence, a person must submit documents for registration within seven days
The registration procedure does not depend on the condition of the housing and consists of the following steps.
Stage 1. Preparation of necessary documents.
The applicant must provide the following documents to the registration authorities:
- identification document;
- application of the established form;
- the basis document for moving into a residential premises (social tenancy agreement, title documents);
- documents of title in case of registration in a privatized apartment or indicate their details in the application.
Stage 2. Registration of a person within three days from the date of submission of documents .
A prerequisite for registering a person is deregistration at the last address. Confirmation of deregistration is the departure address sheet confirming the person’s discharge.
To register unauthorized persons in an apartment under a social tenancy agreement, you additionally need official permission from the organization with which this agreement was signed.
Registration of minors at the place of registration of one of the parents occurs regardless of the type of housing.
Registration at the place of residence is mandatory for all categories of citizens. Failure to comply with this norm is an administrative offense.
Read also the article ⇒ “Can they be evicted from a hostel with permanent registration?”
Refusal to register in emergency housing
Legally, a citizen may be refused registration for the following reasons:
- is not the owner of the privatized living space;
- a social rental agreement has been concluded with another person;
- The square footage of municipal housing does not allow registering one more person.
Territorial administration bodies have the right to set their own standard of square meters per person. These standards vary depending on the region of the Russian Federation. The Housing Code of the Russian Federation establishes a minimum quantity of ten square meters per person.
In other cases, refusal to register is illegal and can be challenged in court.
Resettlement from emergency housing
According to the norms of the current legislation, only emergency houses and premises are subject to resettlement, since these objects are subsequently subject to demolition or reconstruction.
If the house in which the apartment is located under a social tenancy agreement is subject to demolition, the persons registered (living) in it must be provided with other living space under social tenancy agreements. In fact, both homeowners and tenants have the right to resettlement.
Reasons for demolition of emergency housing:
- Government program;
- the applicant’s appeal and the commission’s decision on demolition.
Executive bodies of state power approve a program for resettlement from emergency housing.
This program must contain a list of houses that are subject to demolition, as well as the time frame for relocation of registered persons.
New housing is provided in the same locality where the demolition of the dilapidated house is planned. With the consent of persons in writing, housing may be provided in another locality.
When evicting from emergency housing in accordance with the applicant’s request and the corresponding decision being made by the commission, resettlement occurs on the basis of an order that specifies the timing and procedure.
In case of refusal, the person will voluntarily evict from municipal housing; the right to forcibly evict registered persons in accordance with the relevant court decision is legally established.
Read also the article ⇒ “Resettlement of emergency housing.”
Registration in emergency housing in 2023 - About the garden and home
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The legislative framework
In accordance with Federal Law No. 5242-1 of 1993, citizens have the right to register on a permanent or temporary basis in any house, regardless of its condition. Therefore, in the general case, residents can register in both a “regular” and an emergency or even more dilapidated apartment.
At the same time, registration in an emergency house is prohibited if a decree on its resettlement has entered into force. In practice, the procedure looks like this:
- The administration organizes the work of a special commission.
- Experts recognize the house as unsafe.
- A resettlement program is created, a list of such houses is formed, and deadlines are indicated.
- As soon as the time comes (usually 6-12 months in advance), the municipality issues an act on the occupancy of a particular house.
- At the same time, owners receive written notices of vacancy. As a rule, a corresponding notice on a metal plate is also placed on the house itself.
Registration of new residents (with the consent of the owner) is allowed at all stages except the last. As soon as the administration has adopted the act of resettlement, it is no longer possible to register in such a house.
Moreover, if the apartment is owned by the state (represented by a federal or local authority), then after the house is declared unsafe, it can no longer be privatized. The corresponding ban is provided for by Federal Law No. 1541-1 of 1991. The privatization of premises located in:
- dormitories;
- military towns;
- belong to the service fund.
Note! There is no specific provision in the legislation that would prohibit registration in a dilapidated house, and in practice this issue is resolved ambiguously. In some cases, registration is allowed even after the act comes into force, so it is quite possible to try to register.
The desire to register a person in an apartment may be due to the owner’s desire to receive as much living space as possible in return. There is a common misconception among many citizens that the area of a new apartment is provided in accordance with the number of registered people.
In fact, the requirements for new real estate are different:
- its area is not less than the area of the previous room;
- the house must be located in the same locality;
- the new house should not be dilapidated or even more so in disrepair.
At the same time, the legislation recognizes that each person is subject to a sanitary housing standard (at least 6 m2, generally depends on the region: Moscow 18 m2, St. Petersburg 10 m2, etc.).
At the same time, even if 10 people are registered in a small 1-room apartment, this does not mean that upon resettlement the owner will be given housing with an area of at least 60 m2 (6 m2 per tenant), since the standard is calculated precisely by area.
However, it is important to understand that, along with the sanitary norm, there is a so-called social norm for space. If a citizen lives in a municipal apartment, which is located in a dilapidated building, then the area of the new property will really depend on the number of residents (18 m2 per person).
- For 1 person minimum 33 m2.
- For 2 people from 42 m2.
- If there are 3 or more people living in a family, at least 18 m2 is provided for each person.
For example , a family of 4 rented premises under a social tenancy agreement. Then the housing was declared unsafe.
Now the state must provide a new apartment with an area of at least 3 * 18 = 54 m2. If 1 person moves to a new house, he is allocated an apartment with an area of at least 33 m2.
At the same time, new real estate is also rented under a social tenancy agreement, i.e. the state remains the owner.
The procedure for registering in an emergency home is no different from “ordinary” cases. To do this, the owners and the registering citizen contact the passport office and bring with them the following documents:
- passports;
- certificate of ownership or extract from the Unified State Register for the apartment;
- owner's consent;
- application (form issued on site).
Important! If a citizen intends to register a person in a municipal apartment, he will need to obtain permission from the administration.
However, she is unlikely to give consent, since as a result she will have to provide an apartment with a larger area, in accordance with the social norm.
At the same time, it is impossible to refuse registration if parents register their minor children. The refusal can be challenged in court.
An analysis of real disputes between citizens and representatives of local administration shows that today there is a fairly clear judicial practice. In most cases, judges side with the plaintiffs, i.e. citizens who demand the opportunity to register in an emergency house.
In this case, officials refer to the resettlement program, as well as to the act recognizing the house as unsafe. But the legislation does not directly prohibit registration in such a house, including after the act has been approved. Even if it contains a clause prohibiting registration, the courts recognize it as illegal, as a result of which the plaintiff is able to register at this address.
Thus, a person can be registered in an emergency home. But you shouldn’t count on getting a large apartment by registering as many people as you like. Owners receive new housing of a similar (not smaller) area, and citizens renting property for social rent - in accordance with the social norm (18 m2 per person).
Read also: Relocation deadlines if the house is recognized as unsafe
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Resettlement of dilapidated housing, rules and procedure, program for resettlement of dilapidated housing, conditions and list of documents | Housing consultant
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The content of the article:
Settlement
The resettlement of dilapidated housing is carried out to free an apartment building from the persons living in it. The procedure is carried out in cases where it is necessary to demolish a building, reorient it or improve the living conditions of third parties.
The state provides for the possibility of relocating citizens occupying premises, regardless of the form of ownership or rental.
The authorities also form commissions and supervisory bodies that carry out the resettlement of dilapidated houses and buildings with worn-out infrastructure, inform the population and transfer housing or funds to people deprived of their previous living space.
The resettlement procedure is legally established within the framework of Government Resolution No. 47. The Housing Code also has rules that ensure legality in the procedure: Article 32 regulates the obligation to evict owners.
According to Government Decree No. 1743, the main role in the implementation of resettlement is played by regional authorities and territorial divisions of the Ministry of Construction.
Subjects of the federation and cities of federal significance adopt local laws that reveal the essence of the process for individual lists of houses, taking into account the quality and improvement of the property stock.
It is important to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:
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Moscow and St. Petersburg , being the largest carriers of communal housing, have legislation on the resettlement of such apartments. The general essence of the laws is to improve the quality of life of citizens and control the safety of the structures of apartment buildings.
What kind of housing is considered dilapidated?
The procedure for assessing housing for non-compliance with standards is initiated at the request of citizens and government agencies responsible for supporting the housing stock. Citizens can apply both personally and on behalf of forms of self-government ( HOA , UK ).
The commission that determines whether a building is dilapidated or not consists of specialists from the department of architecture, housing inspection, public utilities and landscaping. During the analysis of load-bearing walls, ceilings and communications, a characteristic of the residential premises is published, issued to each citizen living in the building.
Attention. If you have any questions, you can consult a lawyer for free by phone: +7 (499) 553-09-05 in Moscow, +7 (812) 448-61-02 in St. Petersburg, +7 (800) 550-38 -47 throughout Russia. Calls are accepted 24 hours a day. Call and solve your problem. It's fast and convenient.
Resolution No. 47 regulates the criteria for recognizing housing as dilapidated:
- The natural wear and tear of the walls and ceilings amounted to 65-70% and cannot be corrected as part of a major overhaul. This rate of wear is manifested in the shedding of individual parts of concrete (brick) structures, rotting of wooden elements;
- Communications do not provide a sufficient level of electricity supply, hot water supply (only for houses with a height of more than 2 floors ). Operation in this form can lead to man-made accidents and complete failure;
- Wear and tear led to violations of sanitary standards regarding noise levels and the presence of bacteriological and chemical hazards. Due to further use of the structure, negative consequences for the health and life of citizens are possible.
The commission, assessing the degree of wear and tear, must also draw a conclusion on the impossibility of carrying out large-scale repairs. This circumstance is realized in houses that have significantly exceeded the depreciation life ( 60 - 70 years ).
A citizen who decides to independently apply for recognition of a building as unfit for habitation must:
- Convene a meeting of residents, where you will receive the decision of the association;
- Optionally - order an independent examination;
- Write an application addressed to the head of the municipality, within which to demand the convening of an Interdepartmental Commission. view and download a sample document here: [Application to recognize the house as unsafe].
- Attach a technical plan, a decision of the owners (tenants), and technical examination documents to the application. Complaints about design defects may also be taken into account.
Options for resettlement from dilapidated and emergency housing
If, based on the results of the commission’s work, a decision is made that the house is subject to demolition as a dilapidated or unsafe building, the residents are given notices and specifications. Further actions of citizens depend on the reasons for using the apartment.
Apartment owners who have secured their rights in the Federal Register have the greatest independence.
Based on Article 32 of the Housing Code of the Russian Federation , the state is obliged to offer monetary compensation or an alternative apartment that is not inferior in parameters to the previous one.
Monetary compensation should be assigned based on the results of a market assessment: the cost of an apartment with a similar area, level of amenities and in the same area is taken into account.
If a person does not agree with the assigned compensation, the dispute is resolved by a magistrate. If an apartment is chosen during resettlement, then monetary compensation is counted as payment. A lack of funds for full payment may establish a regime of shared ownership between the citizen and the state (part of the apartment is provided under a social tenancy agreement).
Tenants of an apartment have a smaller list of options: the person is required to enter into a new tenancy agreement. Refusal of the conclusion is also acceptable: if the apartment does not meet the level of comfort, amenities and space, and also worsens the quality of life. Based on the refusal, the state provides another apartment. Otherwise, the case is also resolved through judicial review.
The apartments offered to residents of dilapidated buildings are being built as part of regional resettlement programs.
State bodies that carry out control at all stages of construction are obliged to prevent violations and ensure a high level of improvement.
In rare cases (less than 2.5% according to the statistics of the Resettlement Program), the purchase of apartments on the secondary market is allowed.
Procedure for resettlement from dilapidated and emergency housing
Depending on the type of property, as well as the chosen option, the list of actions that must be performed in order to resettle owners from dilapidated housing changes . In particular, if the owner chose to receive monetary compensation, the following is required:
- Submit an application to the head of the municipality to receive compensation for the apartment. The application must be accompanied by contracts and a certificate of ownership. view and download a sample document here: [Application for provision of social benefits under the resettlement program];
- Wait for the commission's decision to provide a monetary payment. Notification must be sent within 5 days of filing the application;
- Conclude an agreement with the administration on the transfer of property;
- Carry out the actual departure from the apartment, which must be recorded by a local administration employee in the form of an act;
- Provide your own calculation, which also indicates other expenses incurred during the forced relocation. The administration is obliged to cover all proven expenses, including temporary rental of premises;
- Get a payment for the apartment. The money is transferred to a bank account. Their further purpose depends entirely on the will of the owner, unless he has undertaken any obligations (for example, improving the living conditions of the child).
If the owner is the state, and the apartment was previously transferred on the basis of a social tenancy agreement, it is necessary:
- Submit an application for inclusion in the resettlement program;
- Confirm with documents the composition of the family, the number of registered persons;
- Wait for the decision of the interdepartmental commission. When a decision is made, an apartment is assigned that is similar in size, but meets the standards in the given region in terms of amenities;
- Despite the fact that the response is received within 15 days , in practice apartments are transferred based on the schedule, often with a delay;
- Conduct an inspection of the apartment and record all defects as part of the transfer and acceptance certificate.
The resettlement of dilapidated housing in 2015 does not require registration - it is enough to provide evidence of living in a dilapidated house.
The choice of apartment is not affected by the current SANPiN standards: the apartment is provided in accordance with the previous area and cannot be increased based on an increase in the number of residents.
In this case, it is necessary to distinguish between the queue for improving housing conditions and resettlement.
List of required documents
During the resettlement the following are provided:
- Social lease agreement, purchase and sale agreement and other documents confirming the legality of ownership of property;
- Certificate of ownership (exclusively for owners);
- Application requesting resettlement within the framework of the program. The document records information about the applicant, his family members and address;
- Documents certifying the consent of interested parties (creditors, spouses, guardianship authorities);
- Rehabilitation program (for disabled people who require special living conditions);
- Certificate of family composition and registered persons;
- Applicant's passport.
Nuances when relocating dilapidated and emergency housing
During resettlement, it should be taken into account that the state must improve the place of residence, without violating the requirements of the Housing Code .
A frequent problem faced by residents is moving them to residential areas located in other administrative units.
According to the latest news, the contradictions between the geographical and administrative definition of the outlines of a settlement are interpreted in favor of citizens.
The consequence of corruption, scammers' schemes and lack of control can be moving into an unfinished house or a building constructed with violations.
When checking in, it is necessary to reflect all the shortcomings associated with the local area, the entrance and the apartment itself. The developer is given 3 days to eliminate the deficiencies or provide a reasoned response.
It should be borne in mind that the provision of an apartment is the responsibility of the state, and if the service is provided poorly, it is liable in court.
The current programs were established for 7 years in 2010 . Thus, precise information on resettlement after 2017 has not been published. It is noteworthy that privatization, which is the only way to receive money for an apartment, ends in 2016 .
The most popular questions and answers regarding resettlement from dilapidated and dilapidated housing
Question : Hello, my name is Kirill. Before moving in, the three of us lived in a three-room apartment with an area of 70 square meters . Since the apartment was received under a social lease agreement, the administration issued an apartment of the same size, but with two rooms. How legal is this?
Answer : Kirill, in this case the actions of the state are legal. Article 89 of the RF Housing Code requires only the preservation of the area.
Resettlement, according to Government Resolution No. 47 , pursues only the goals of preserving the rights of citizens, but not improving living conditions.
Based on this wording, when receiving a new apartment, the norms 57, 58 of the Housing Code of the Russian Federation, which require maintaining the number of rooms, do not apply.
Conclusion
The resettlement procedure is used to ensure the legal rights of citizens living in dilapidated and emergency housing. The administration of the locality involved in this procedure is obliged to follow the standards regulated by the law on resettlement from dilapidated and dilapidated housing in 2015 :
- Assess the wear and tear of real estate by independently identifying the risk of accidents;
- Provide an apartment or monetary compensation within the agreed period;
- Monitor the improvement of the rented apartment;
- Re-enter into social tenancy agreements with residents;
- Maintain the total area of the previous apartment when moving.
List of laws
Get advice by calling hotlines:
- Moscow Moscow region:
- St. Petersburg and Leningrad Region:
- All-Russian:
Call right now and solve your problem - it's fast and free!
Is it possible to register in emergency housing?
At the same time, the main supporting structures make it possible to maintain the stability of the building, but it no longer meets the operational requirements.
The main difference between dilapidated housing and emergency housing is that in dilapidated housing, despite the existing wear and tear, you can live, but in emergency housing there is a real threat of structural collapse.
Therefore, in order for housing to be recognized as dilapidated, it is necessary to assess the degree of its wear and tear.
IMPORTANT! Recognizing an apartment as uninhabited and a house as unsafe has its own disadvantage: you will not be able to take any legal actions with your home: privatize, sell, donate, exchange, register relatives in it, arrange redevelopment.
“If you owned the residential premises in a dilapidated building, then according to the law, upon demolition, you are entitled to either monetary compensation or new housing within your area, the total area of which should be 1.5 times larger than your old apartment,” explains Alla Raikovskaya.
If the authorities cannot move you from a dilapidated house to a new permanent home, and you have nowhere to move, they, in accordance with Article 132-1 of the Housing Code, must provide you with premises for temporary residence within your locality.
Is it possible to privatize emergency housing? What will you get when moving out if the house is demolished?
Every citizen wants to feel safe and see proper conditions for their residence. But, unfortunately, sometimes municipal authorities cannot provide these requests due to the lack of residential premises on their balance sheet. But, you see, owning a residential property, even in poor condition, is still better than nothing at all.
- Collect the necessary package of documents.
- Take permission from those living with you to carry out the procedure.
- Make a corresponding application. You pay the state fee.
- Heading to Rosreestr.
- Register the procedure.
- Two months later, you pick up documents proving that you have privatized the living space - and therefore the rightful owner.
Yes, the refusal to register was legal, since from the moment the house is officially recognized as unfit for habitation and subject to demolition, the administration can impose restrictions on registration in non-privatized housing. This is explained by the fact that subsequently, otherwise, it will be necessary to allocate housing of a larger area. Thus, the owner of the property, the administration, is insured against additional expenses.
Another important point is that the owner must be notified of the planned seizure no later than a year in advance. Redemption before this period is possible only with the consent of the owner. Also, at the request of the owner, he can be allocated another housing with its cost included in the redemption price.
Is it possible to register in emergency housing according to the law?
Since this law does not provide for restrictions prohibiting registration in emergency housing, a person who is in it legally (under a social tenancy agreement or by right of ownership) can be registered in it.
However, in practice there are certain difficulties in this process.
In particular, if the condition of the house is recognized as emergency, and it is included in the list of houses whose residents will be resettled, then after this fact it will be impossible to register in it.
At the same time, it must be remembered that the condition of the premises is not a basis for refusal of registration. Both the owner of the apartment and his family members can obtain a residence permit. There are two options for obtaining registration. The first is for residents living in an apartment under a social tenancy agreement. They need to submit the following documents to the passport office:
Is it possible to register a child in an emergency non-residential fund?
This is what people are sad about. Get a passport first; without it, your child will not be registered at all, you will not get married, and you will not be able to establish paternity of the child.
If you are not married at the time of the birth of the child, then in order to register the child with the father, you will need an act of establishing paternity.
This is done at the registry office, but when registering at the registry office, the mother's passport is required, which you do not have. So that’s not what you’re worrying about.
8, well, of course, it’s not funny at all! A lot of programs were about how people live in inhumane conditions, but the local authorities still don’t recognize the house as unsafe and are not going to resettle or demolish it, but here the house is officially considered unsafe. I can imagine what's going on there.
Where is it written about the prohibition of registration in an emergency house?
You can get legal assistance from various lawyers who specialize in housing law and similar disputes. Judicial practice The main disputes concern violations of citizens' rights by municipal authorities.
They issue registration refusals, which violate citizens’ rights to freedom of movement and choice of place of residence, do not comply with the deadlines for making a decision on recognizing a house as unsafe, and so on. Going to court is quite advisable.
In practice, courts often defend the rights of citizens, which allows them to solve their own housing problems.
In such a situation, you can exercise the right to file a claim in court to appeal against the actions. Is the sale of an apartment in a dilapidated building prohibited? See also the topic: EMERGENCY AND DIVIDED HOUSING, demolition of houses, resettlement, eviction from unsuitable housing. Providing other housing or repurchase.
663: Is it possible to privatize emergency housing
Hello. My father suffered a stroke at age 57. Now in the hospital, he will be discharged soon. We would like to register a disability group. He himself is bedridden and cannot travel.
1) Since he is attached to a clinic not at his place of residence, is it necessary to detach himself and attach himself to a clinic at his place of residence to undergo the commission and is it possible for the commission to go to the house? 2) Tell us the procedure for obtaining disability: what documents and where to apply Sincerely, Alexander
We recommend reading: Contract for major repairs
Good day. Tell me this answer to the question: my future wife was on the territory of the Russian Federation using forged documents (passport). After the wedding, the question arose about changing her last name and passport.
They didn’t find it at the desk, and they’ve been dragging their feet with the documents, or rather with the paperwork, for six months now. The question is this: she married a citizen of the Russian Federation, and her pregnancy is already almost 6 months old. There are no documents.
Based on her marriage, she must be issued new and valid documents. What rights do we have in this case?
Hello! Please consult. We inherited our parents’ apartment, which was recognized as emergency housing back in 2008. Now one of the heirs lives there with his family.
The apartment is drafty, the ceiling in the hallway is propped up with a stick to prevent it from collapsing. I (my daughter) live in another city and just yesterday I saw our apartment in the register of emergency housing in Perm.
Who should I contact in Perm to resolve the issue of resettlement?
In addition, there is currently a regional program for the relocation of citizens from dilapidated housing with the support of the Housing and Communal Services Reform Assistance Fund, according to which citizens registered as needing residential premises are provided with residential premises according to the provision rate.
Emergency housing
Despite the constant construction of new residential complexes, the need of citizens for safe houses and apartments is growing every year. Emergency housing has long been the hallmark of small towns, and in megacities the number of houses declared unfit for habitation is constantly increasing.
The solution to the issue could be investment in the construction of buildings by private investors, but until this happens, citizens are forced to familiarize themselves with the basic rules for recognizing housing as emergency.
The authorities often view emergency housing as a “contagious disease”, and citizens as a problem that cannot be solved for years.
- on the possibility of further exploitation of the residential property and its suitability for living;
- on carrying out major repairs or reconstruction, as a result of which the level of safety of residential facilities will increase;
- about the impossibility of citizens living in the premises;
- on considering an apartment building as an emergency facility that needs to be demolished.
House demolition
But if the footage is large and only one person lives in the apartment, it is more profitable to privatize it. In this case, the owner will receive equivalent housing. Privatization is also convenient in terms of receiving monetary compensation. The owner may refuse to relocate and receive a ransom in return. In addition, the owners are compensated for moving expenses.
It should be recalled that according to current legislation, a decision to demolish a building can be appealed within three months from the date of receipt of the notice of eviction (demolition). Notification is sent from the city administration or municipality in writing one year before the proposed demolition. That is, citizens have enough time to go to court.
06 Aug 2018 consurist 119
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