How long does it take to move out according to the law if the house is declared unsafe?

Emergency housing is recognized as unsuitable for the subsequent life of citizens, therefore a special program is being carried out in relation to it, on the basis of which citizens are evicted from such apartments. They are offered two options, since they can receive a redemption price for their home, and they also have the opportunity to count on a completely new apartment suitable for living.

Features of settlement

Initially, a special technical analysis of the house is carried out by a special commission. If she makes a decision that the house is really in disrepair, then the building is included in a special list that includes buildings that are subject to prompt resettlement.

A house is considered unsafe if there are some significant violations in it:

• violation of the integrity of supporting structures;
• the building is located in an area where flooding constantly occurs, which is simply impossible to prevent in various ways;
• after a natural disaster it is determined that the structure cannot really be further used for further human use;
• a decrease in sanitary safety that cannot be restored.

• All these factors are identified by members of a special commission, after which an appropriate decision is made that it is necessary to relocate the residents.
• How the program for resettlement from dilapidated and dilapidated housing is progressing locally, watch in this video:

How to get information about resettlement

Each owner of an apartment in such a building can receive new housing, located in a new building or on the secondary market. Therefore, any person wants to receive information about whether his house is included in the list on the basis of which the residents will be resettled.

How are the lists for moving into an emergency house formed? Details here.

To do this, you must contact the Housing Department located at the location of the applicant’s housing. It is advisable to make the request in writing and address it to the head of the institution, which ensures that such a question will not be ignored.

Also, each resident of an old house can send a request to the housing commission about the need to conduct an inspection of the building. Only this organization can recognize buildings as unsafe, and often inspections begin precisely after receiving a corresponding application from the building’s residents.

Is it legal to charge a fee for emergency housing? See the link.

When will the residents of the emergency building move out?

Various actions can then be performed:

• within 24 hours, residents leave the building if it is really in such a condition that there is a danger to human life;
• the house is abandoned by citizens within 5 days, but the law allows for an increase in this period to a year;
• tenants refuse to move out because there is no adequate and comfortable housing.

Often people refuse to move. Photo: likado.ru

If there is no consent from the residents, then under Art. 57 of the Housing Code allows for their forced eviction by the municipality through the court.

Article 57. Provision of residential premises under social tenancy agreements to citizens registered as needing residential premises 1. Residential premises are provided to citizens registered as needing residential premises in order of priority based on the time of registration of such citizens, except for the cases established by part 2 of this article.
2. Out of turn, residential premises under social tenancy agreements are provided to:
1) citizens whose residential premises are recognized in the prescribed manner as unfit for habitation and are not subject to repair or reconstruction;
2) became invalid on January 1, 2013.
— Federal Law dated February 29, 2012 N 15-FZ; 3) citizens suffering from severe forms of chronic diseases specified in the list provided for in paragraph 4 of part 1 of Article 51 of this Code.
3. Citizens registered as needing residential premises are provided with residential premises under social tenancy agreements on the basis of decisions of the local government body.
Decisions on the provision of residential premises under social tenancy agreements are issued or sent to citizens in respect of whom these decisions were made no later than three working days from the date of adoption of these decisions. 4. The decision to provide residential premises under a social tenancy agreement, made in compliance with the requirements of this Code, is the basis for concluding the corresponding social tenancy agreement within the period established by this decision.
5. Under a social tenancy agreement, residential premises must be provided to citizens at their place of residence (within the boundaries of the relevant locality) with a total area per person not less than the provision norm.
6. Rooms under social rental agreements may be provided only in the case provided for in Part 4 of Article 59 of this Code.
7. When determining the total area of ​​residential premises provided under a social tenancy agreement to a citizen who owns residential premises, the area of ​​the residential premises owned by him is taken into account.
8. When providing a citizen with residential premises under a social tenancy agreement, actions and civil transactions with residential premises are taken into account, the commission of which led to a reduction in the size of the occupied residential premises or to their alienation.
The specified transactions and actions are taken into account for the period established by the law of the constituent entity of the Russian Federation preceding the provision of residential premises to a citizen under a social tenancy agreement, but not less than five years. 9. The procedure for determining the total area of ​​the provided residential premises in the cases specified in Part 8 of this article is established by the legislation of the constituent entities of the Russian Federation.

When should residents of an emergency building be notified and moved out?

Every person wants to move from a dilapidated house in a timely manner, so you should understand the main timing of this process.

If, as a result of an investigation of a house by an interdepartmental commission, it is decided that the building can no longer be used for living, then citizens will be required to leave such a house literally within 24 hours.

What is the procedure for relocating emergency housing? Read here.

As a rule, residents of the house are warned in advance about relocation. Photo: mosaica.ru

Important! An emergency evacuation is carried out if it turns out that the destruction of a structure may occur at any moment or other situations may arise in which people may suffer.

How long does it take to relocate?

By law, this process must be completed within five days, but practice shows that it often takes up to one year.

Often, even for years, unsuitable housing for permanent residence of people is used. This is due to various facts, for example, the lack of suitable housing at the municipality or the reluctance of citizens to move.

The law does not have a strictly defined definition of which house can be considered suitable for habitation and which cannot.

For example, if there are numerous damages to the facade and high-quality communication networks, major repairs will be ordered, and in this case it is not always even necessary to temporarily evict the residents.

If it turns out that living in such a building may cause a danger to the life or health of people, then citizens must contact the commission themselves to have an inspection carried out. Based on it, a conclusion is made about the condition of the house.

1. In practice, resettlement periods often extend for years. Watch the video:
3. Other documents must be attached to the application:

• technical certificate of the building;
• acts received from the SES and fire inspection;
• acts confirming that regular inspections of the structure were carried out;
• certificates and applications for an inspection by housing inspectors, which confirms that the building is indeed in disrepair and dilapidated.

Is it possible to appeal the deadline for moving into a house in court?

In Art. 32 of the Housing Code states that municipal authorities must notify residents of the need to evict from their home within a reasonable time frame. But even if 5 days are given for eviction, citizens can challenge this period in court.

There may be various reasons for filing a claim, which include:

• threat to the life or health of people living in such a house;
• The authorities themselves deviate from the deadline established by the regional program.

If the court accepts the plaintiffs’ demands, then the municipal authorities must find living quarters similar to their apartments for all residents of such a house, which can be replaced with a redemption price.

Is the program still being implemented?

Although it was planned that in 2017 the residents of all emergency buildings would be resettled, practice shows that many people are forced to continue living in apartments unsuitable for these purposes.

In large cities, the program is usually implemented at an accelerated pace, but in various small regions one has to face numerous problems due to which people do not receive full-fledged housing instead of apartments located in a dilapidated building.

Conclusion

• Thus, every person must take care to live in comfortable and safe conditions, so if there is a suspicion that the house is in disrepair, then the residents themselves must submit an application to the commission.
• Based on it, the premises are assessed and a decision is made.
• People can expect to be resettled or receive compensation for their housing.

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:

Features of resettlement from dilapidated housing: when will a decision be made about the unsuitability of the house and what documents will be needed?

The resettlement of citizens from dilapidated housing continues , but the topic of problematic housing stock in our country remains one of the most pressing and relevant. How much time is given to move if the house is in disrepair and is subject to resettlement? Why in some cases is it necessary to vacate housing urgently - within one day? We will give answers to these and other questions regarding the implementation of the Federal program for the resettlement of citizens

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-51-36. It's fast and free!

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How to find out whether there will be resettlement from dilapidated housing?

When a house falls under resettlement, its residents have a chance to get an apartment in a new building or secondary housing . A reasonable question arises: how can you find out which houses are included in the list under the program for relocation from distressed real estate? You can get an answer at your place of residence by contacting the Housing Management Department . To prevent officials from ignoring the question, make the request in writing addressed to the boss. Please send your request by registered mail with return notification of receipt to the addressee. By law, the Department's administration is required to provide a written response to the request within 30 days.

Attention! If you think that your housing stock should have been recognized as unsafe a long time ago, but this is not happening, then you need to contact the interdepartmental housing commission for your district.

a special interdepartmental commission , which is appointed after an application from the residents, can recognize a house as unsafe and unfit for habitation

The application must contain the signatures of all tenants, provide facts proving the dilapidation of the house, as well as other documents confirming the unsuitability of housing for habitation .

Only after this will an interdepartmental commission conduct an inspection of the building in order to make a conclusion about its condition .

The house has been declared unsafe: when will the residents be moved out?

As soon as a decision is made about the unsuitability of housing and its demolition, a commission conclusion is created in triplicate. After which there are several options for the development of events:

• residents are required to leave the house within 24 hours (if the building poses a threat to life);
• residents must leave the house within 5 days (in other cases, the law provides for resettlement for up to 1 year, but no more);
• the tenants do not want to move out because they have not been provided with equivalent housing in return.

In the latter case, according to Art. 57 of the Housing Code of the Russian Federation, eviction can be carried out by the city administration forcibly .

All expenses for the resettlement of citizens are borne by the state (local governments).

Relocation deadlines if the house is recognized as unsafe

How quickly will the resettlement from a dilapidated house , what is the next procedure, and where can I find out when it’s time to pack my things for moving?

These questions are often asked by people living in unsuitable housing . Their concern is understandable, because no one wants to move to a new place of residence in a hurry.

• If the interdepartmental commission that conducted the survey concludes that the building may pose a threat to life , then it will have to be abandoned as quickly as possible, within one day, and an emergency evacuation of residents .
• In a standard situation, after a building is declared unfit for habitation, residents receive written notices , which must be delivered to each person personally within five days.

Important! According to the Federal program, the time frame for relocating emergency housing should not exceed one year from the moment the decision to resettle the house was made.

According to the law, the resettlement procedure takes from 1 to 5 days, and cannot last more than a year . Unfortunately, sometimes in practice everything is different: a building unsuitable for habitation and even in disrepair is used by residents for years. Why is this happening and who might be displaced from emergency housing ?

The law does not clearly define which house is considered fit for habitation and which is in disrepair or falls into the category of unsuitable or dilapidated housing.

For example, if you can see the street through a hole in the wall , but there is running water in the house (there is hot and cold water supply), then such a building can be considered suitable for habitation. In this case, the house will be subject to major repairs , which can be carried out even without temporary eviction of residents.

You must provide the following documents with your application:

1. technical passport of the building, as well as floor plan of the apartment and house with BTI;
2. ownership documents;
3. act from the sanitary and epidemiological station, fire supervision;
4. documents or acts confirming regular inspections of the house over the past 3 years;
5. all kinds of certificates, statements, reports on control checks carried out by the housing inspection, on the basis of which the dilapidation or disrepair of housing is visible.

Download a sample application to the interdepartmental commission to recognize the house as emergency

Important! Once a house is included in the demolition list, apartments in it cannot be sold. Municipal authorities are obliged to provide equivalent housing to replace the house lost as a result of resettlement.

Despite some slippage in the Federal program for the resettlement of citizens from dilapidated and unsuitable housing , its implementation continues and, it seems, it will not be completed in 2017. In the capital this process is proceeding at an accelerated pace, in the regions somewhat slower.

Unfortunately, there is still a considerable amount of housing stock in our country, living in which becomes not only harmful to health, but also extremely dangerous to life. If you think that the house is becoming unfit for habitation , and, perhaps, is already a threat to life, then it is worth asking whether it is on the list for resettlement.

Take care of this as soon as possible, because your safety depends only on your actions . Remember that in almost all cases the resettlement procedure is of an application nature, and until you start it, the matter will not move forward.

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Time frame for relocation from emergency housing

The relocation of residents from housing unsuitable for further existence in it is carried out in every city in our country. Let's take a closer look at what kind of housing can be considered unsafe, who has the right to relocation and what deadlines for this are indicated in our legislation.

What kind of housing can be recognized as emergency

Emergency housing can be recognized as such for a number of objective reasons. Recognition is carried out not by the citizens themselves, but by a special commission on the basis of certain studies conducted both by this commission and by a special organization assessing the premises. The reasons for declaring a real estate property in disrepair may be:

• physical deterioration of the building;
• destruction of a building or its structures;
• complete absence or failure of the building's engineering networks;
• constant flooding and destruction of the building foundation and many others.

Who is eligible for relocation?

All owners of such housing, as well as persons living in this territory under a social tenancy agreement, have the right to relocate from housing recognized as dilapidated or in disrepair.

Resettlement legislation

Legislatively, issues of resettlement and eviction are covered by the law on the Fund for Assistance to Reforming Housing and Communal Services, in the Housing and Civil Codes of the Russian Federation.

Important! Legal regulation of this issue is carried out by Law of July 21, 2007 N 185-FZ, Art. 57 and 59 of the Housing Code of the Russian Federation and other regulatory legal acts.

Portal "Housing and communal services reform" as the main source of information

All information about the relocation of residents to comfortable housing is collected on the state portal REFORMAZHKKH. Here you can find all real estate built under municipal contracts.

The Reformazhkh portal includes information about:

1. emergency housing stock;
2. houses under construction for displaced people;
3. relocation contracts;
4. built houses;
5. resettlement analytics;
6. quality control of houses built for displaced people.

Important! On this portal, you can track the progress of construction of houses for citizens in need of relocation, when and for what reasons their own house was declared unsafe, and get a lot of other necessary information.

If your house is recognized as unsafe, then all information about it can be found on the Housing and Communal Services Reform website.

Relocation rules

There are several important rules according to which eviction from dilapidated housing and moving into comfortable housing occurs. Let's take a closer look at them:

1. You can only be resettled within the same municipality. That is, if you lived in Orenburg, then you should be resettled in comfortable living conditions also in Orenburg. Anything else can be done only by agreement of the parties, that is, with your consent. This means that if you are against it, the authorities do not have the right to resettle you to another city.
2. The area of ​​the housing provided in return must be equal to the area of ​​the dilapidated one or vary more. This means that the authorities do not have the right to move you to a dwelling smaller than the previous one, only to one of equal or larger area.
3. The previous right also applies to the number of rooms in the apartment. That is, if you had a so-called “kopeck piece” in a house recognized as emergency vacancy, then they can only give you a “kopeck piece” in return, or an apartment with more rooms than your ex.
4. The premises presented to you should be comfortable housing, which should have all the utilities necessary for life. This includes hot water, sewerage, electricity and other benefits of civilization.

Read also the article ⇒ Sequence of relocation from emergency housing

Alternative to relocation

There are cases when the housing offered by the municipality for relocation does not suit the residents of a dilapidated property. In this case, the tenant has another option to get out of this situation - he can receive the redemption value for his property.

Important! The surrender value of the property will depend on factors such as the estimated market value of your property and the moving costs incurred.

It should be noted that the right to receive this type of compensation can only be granted to the owner of square meters; it does not apply to tenants under a social tenancy agreement. This category of citizens can only receive new housing to replace unsuitable housing.

Time frame for moving out of emergency housing

If your house has already been recognized as unsafe, then the timing of resettlement is determined by a special commission, which determines whether the house is critically worn out or whether it is possible not to rush into resettlement and put residents on a waiting list for resettlement.

If the house has not yet been recognized as dilapidated, but the residents consider it as such, then a number of actions must be taken to recognize the house as unsuitable for people to live in:

• write a collective application to consider the possibility of recognizing the tenant as dilapidated;
• invite an independent expert - an organization that has the right to carry out an examination of buildings, and obtain an opinion on the physical wear and tear of the property;
• attach a technical passport of the property and documents confirming ownership of the property;
• support your application with written complaints from people living in this area, with a detailed description of the problems.

Read also the article ⇒ Forced eviction from emergency housing.

Important! Such an application must be considered by the Housing Committee within thirty days from the date of its submission.

If a positive decision is made by a special commission, then the same commission will set a resettlement date.

What to do if you do not agree with the eviction?

It happens that a citizen has received a notification that his house has been declared unsafe and will be resettled, but the citizen himself does not agree with this. In this case, the person will be evicted through the courts. The courts usually side with the municipality and issue an eviction order, even if the residents do not agree with it. Such a court decision is executed by bailiffs.

conclusions

In each specific case, the timing of resettlement may be different. The period depends on the deterioration of the housing and the possibility of further residence or the need to leave the premises as soon as possible.

All information about the period can be found in the notice that is sent to all homeowners when it is declared unsafe.

Also, all information on a dilapidated house, terms of resettlement, etc. is available on a special portal called Housing and Communal Services Reform.

Time limits for resettlement of residents of emergency buildings

The question of how quickly you can get a comfortable apartment to replace the one located within the walls of a residential building that has received the status of a disrepair or dilapidated one is one of the most pressing for citizens who are about to experience relocation. What is the time frame for this procedure, and who sets it?

When the need for relocation arises

According to Government Resolution No. 47, which was adopted in the Russian Federation on January 28, 2006, resettlement should affect those citizens who rent housing under social tenancy agreements or live in privatized apartments on the territory of multi-storey buildings recognized as dilapidated or in disrepair. These are buildings that are state or municipal property.  

In order for a residential building to be assigned this status, it must undergo a technical examination procedure. The latter is carried out by a specialized interdepartmental commission at the request of the residents themselves, a local authority or self-government body. According to the Decree of the Government of the Russian Federation indicated above, the following houses fall into the dilapidated category:

• built of stone, the degree of wear of which has reached at least 70%;
• constructed of wood or adobe-type buildings with a wear level of at least 50-60%. 

The following houses are classified as emergency residential buildings:

• with deformed load-bearing structures and walls;
• located in an area of ​​unpreventable natural disasters;
• victims of man-made or natural accidents;
• located in an area with a high level of sanitary and epidemiological danger, etc.

Interesting to know! The interdepartmental commission reviews documents to recognize a house as unsafe within 1 month from the date of their receipt. Citizens are notified of the results of the decision within 5 days from the date of the conclusion, and if the house poses a real danger, then no more than 1 day later.

Buildings in which the stay threatens the health and life of people are awaiting demolition, and therefore their residents must be placed in other apartments. The procedure for relocating an emergency home is established in regional programs adopted at the local level annually.

Setting a resettlement deadline

After the expert commission makes its conclusion that the inspected house is truly dilapidated or in disrepair, the latter is entered into a special register of the regional resettlement program and takes its proper place in the queue. Here the authority or self-government also sets the deadline for the resettlement.

Important! Each resident of a house subject to resettlement must receive written official notification from the competent authority about the timing of the procedure.  

Is it possible to appeal in court against the deadline for moving into a dilapidated house?

According to Art. 32 of the Housing Code of the Russian Federation, information about the time frame for resettlement must be brought to the attention of citizens within a reasonable period. This legislative provision is quite vague, however, residents of a dilapidated or dilapidated house retain the right to challenge this period by going to court. Reasons for filing a claim may include:

• a real threat to the health and life of people living in the building;
• deviations by the authorities from the time frames that they themselves determined in the resettlement program.

If a decision is made in favor of the plaintiffs, the government or self-government body undertakes to provide tenants under social tenancy agreements with similar housing (Article 86 of the Housing Code of the Russian Federation, Article 87 of the Housing Code of the Russian Federation), and to the owners of privatized apartments - equivalent living space under an exchange agreement or payment of the redemption price ( Article 32 of the Housing Code of the Russian Federation) within the period established by the court.

You can download a sample application from residents to the interdepartmental commission to recognize the house as unsafe here.

You can download a sample conclusion of the interdepartmental commission on recognizing a house as unsafe here.

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07/20/2022 — Egor Godovalov

The house was declared unsafe many years ago. Every year they promise to resettle us, but to no avail. This year the deadline was pushed back to 2023.

The administration has determined the deadline for the demolition of the house and evacuation of the residents unreasonably. Is it possible to challenge?

Our house is recognized as unsafe and subject to demolition, however, the local government issued an order according to which the demolition date is determined only after 2 years? Is this legal, given that the walls in the house can collapse at any moment, is it possible to go to court?

Answer:

The decision of a local government body, including the decision to determine the period for the demolition of a house and the period for the resettlement of individuals if the house is recognized as unsafe and subject to demolition or reconstruction, can be challenged by citizens in court.

If, during the consideration of the case, it is established that the premises in which a citizen lives pose a danger to human life and health due to its emergency condition, the court may oblige the local government body to immediately provide citizens with other comfortable residential premises on an extraordinary basis.

• It is easy to notice that the very fact that a house is recognized as unsafe and subject to demolition, as a rule, already means that the premises located in this house in which citizens live pose a danger to human life and health.
• If the period for demolition and resettlement of citizens specified in the decision (order) of the local government body is not reasonable, living in this house is life-threatening, citizens have the right to file a claim in court to oblige the local government body to provide other residential premises suitable for living.
• To a similar question in the Review of Legislation and Judicial Practice of the Supreme Court of the Russian Federation for the second quarter of 2009 (Approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation of September 16, 2009) there is the following answer.

“Question 3: Is it possible by a court decision to oblige a local government body to provide housing to citizens living in residential premises under a social tenancy agreement, which is located in an apartment building that is recognized as unsafe and subject to demolition, if it is determined that living in it is impossible (dangerous) on the moment of consideration of the case, and the established demolition period does not meet the requirements of reasonableness? When considering a case, can a court set a deadline for the demolition of a house, or is the determination of this period the exclusive competence of the local government body and this period cannot be canceled or changed by the court?

Answer: In accordance with paragraphs 1, 8, 9 of part 1 of Article 14 of the Housing Code of the Russian Federation, the competence of local government bodies includes accounting for the municipal housing stock, monitoring its safety and compliance of residential premises with sanitary and technical requirements, recognizing the residential premises of the municipal housing stock as unsuitable for accommodation.

Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction, approved by Decree of the Government of the Russian Federation of January 28, 2006.

N 47, the competence of the local government body also includes making a decision and issuing an order indicating the further use of the premises, the timing of the resettlement of individuals and legal entities in the event that the house is recognized as unsafe and subject to demolition or reconstruction (clause 49).

1. By virtue of these norms, determining the deadline for the demolition of an apartment building recognized as unsafe and subject to demolition, as well as the deadline for the resettlement of individuals and legal entities, is the competence of the local government body.
2. In accordance with paragraph 52 of the said Regulations, the decision of the relevant federal executive body, the executive body of a constituent entity of the Russian Federation, or a local government body can be appealed by interested persons in court.
3. The procedure for challenging relevant decisions is established by Chapter 25 of the Civil Procedure Code of the Russian Federation.
4. Consequently, the decision of the local government, including the decision to determine the period for the demolition of the house and the period for the resettlement of individuals if the house is recognized as unsafe and subject to demolition or reconstruction, can be challenged by citizens in court.
5. However, when considering the stated claims, one should proceed from the fact that decisions, actions (inaction) of state authorities, local government bodies, officials, state or municipal employees contested in civil proceedings include those decisions, actions (inaction) the result of which:
6. — the rights and freedoms of a citizen are violated;
7. — obstacles have been created to the citizen’s exercise of his rights and freedoms;
8. - a citizen is illegally assigned any obligation or he is illegally brought to justice (Article 255 of the Code of Civil Procedure of the Russian Federation).
9. In itself, the decision of a local government body to set a deadline for the demolition of a dilapidated house does not imply an arbitrary, not based on objective data, determination of the deadline for the demolition of such a house, but is intended to subsequently provide citizens living in a dilapidated house subject to demolition with other comfortable residential premises (Articles 85, 86 of the Housing Code of the Russian Federation), is aimed at providing conditions for the exercise of the right to housing, and therefore cannot be considered as a decision that violates the rights and freedoms of a citizen, creates obstacles to the citizen’s exercise of his rights and freedoms, or illegally imposes any obligations on him .
10. At the same time, if during the consideration of the case it is established that the premises in which a citizen lives pose a danger to human life and health due to its emergency condition or for other reasons provided for by current legislation, then the provision of another residential premises that meets sanitary and technical requirements , instead of an unsuitable one for habitation cannot be made dependent on the availability of a plan and the deadline for the demolition of the house, and the court may oblige the local government body to immediately provide citizens with other comfortable residential premises on an extraordinary basis on the basis of part 2 of Article 57 of the Housing Code of the Russian Federation, taking into account the fact that the premises , which does not comply with sanitary and technical rules and regulations, cannot be classified as residential (part 2 of article 15 of the Housing Code of the Russian Federation).”

Return to the beginning of the practice review: “Disrepair and dilapidated housing. Demolition of houses, resettlement, eviction, provision, buyout. Arbitrage practice"

We also recommend an overview of the practice: “Resettlement of an emergency house, provision of housing. Judicial practice of the RF Armed Forces"

The Supreme Court ordered the provision of equivalent apartments to replace those in disrepair - Pravo.ru news

Photo: flickr.com/Andrey Senov If an apartment building is recognized as unsafe, then the administration must resettle the residents into new apartments. But what to do if the tenant is not satisfied with the new premises - for example, it is too small, located in a different area or inferior to the previous one in other respects? The Supreme Court decided whether refusing an unequal option could leave a tenant without an apartment at all.

Natalya Fedorova* owned a 25-meter one-room apartment on the second floor of a high-rise building in the city of Kasimov, Ryazan region. In November 2003, the commission recognized that the house was in disrepair and should be demolished. The city administration approved the procedure according to which it was going to move residents to new apartments. Fedorova was also offered new premises, but she refused it. The new housing was significantly inferior to the previous one in terms of area, location, and characteristics. The apartment was located on the ground floor and was a corner one, it had central heating rather than individual heating, as in the previous one, and the walls were covered with mold.

The administration was unable to reach an agreement with the owner of the apartment, and the case went to court. Officials sought the right to take the apartment and pay in return its market value - 214 thousand rubles. The first instance upheld the claim; the decision was upheld on appeal. Thus, from the date of payment, Fedorova’s ownership of the apartment ceased, and the administration became the owner.

The courts confirmed the legality of the decision to seize the land plot on which the dilapidated house is located. And since Fedorova herself refused to enter into an agreement and receive a new apartment, the premises can be forcibly purchased using Art. 32 LCD. The courts did not take into account Fedorova’s arguments that she did not refuse an equivalent apartment, but only rejected a worse option.

The Supreme Court protected the apartment owner.

The Collegium for Civil Disputes, chaired by Judge Igor Yuryev, in the ruling on the case (case No. 6-КГ17-8) confirmed that it is possible to seize an apartment in a dilapidated building in the case where the land plot under an apartment building is seized - such actions are allowed for state and municipal needs . But there is a nuance: “providing compensation for part of the residential premises is permitted only with the consent of the owner.”

Fedorova preferred the second option. And the fact that the premises turned out to be unequal does not mean that she refused housing in principle, the Supreme Court concluded.

The panel sent the case for a new trial at first instance.

The owner has the right to receive an equivalent comfortable living space that meets all the necessary criteria. The size of the total area and the number of rooms in the new apartment must be no less than in the previous one. New housing must be comfortable, comfortable and have either similar or improved living conditions. For example, 18 sq.m. should be provided for 1 person.

 Nadezhda Popova, lawyer at Pavlova and Partners.

In practice, there is no uniform approach to whether the owner should be offered an equivalent residential space or whether it can be smaller - with an additional payment up to the purchase price, notes Olga Benedskaya, partner at Muranov, Chernyakov and Partners.

Courts often believe that the Housing Code does not guarantee the owner exactly equivalent housing, since the law, namely Part 8 of Art. 32 of the Housing Code, such an obligation is not prescribed. But if we are talking about a social rent agreement, Art. 89 residential complex, which talks specifically about equivalent housing, says Benedskaya.

As an example, she cites the appeal ruling of the Tula Regional Court dated February 28, 2013 in case No. 33-492.

The ruling of the Supreme Court in the Fedorova case does not provide a detailed interpretation of the norm of Part 8 of Art. 32 of the Housing Code of the Russian Federation, but still it was concluded that the residential premises provided in exchange for those seized must be of equal value.

And the claim for redemption is satisfied only if the owner of the apartment refuses a truly equivalent replacement.

And for the owner who is being evicted, it makes sense to obtain a report from an appraiser who will compare the characteristics of the previous housing and the one proposed in its place.

 Olga Benedskaya, partner at Muranov, Chernyakov and Partners.

*The name and surname of the participants in the process have been changed by the editors

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If a house is declared unsafe, how long will it take to move out?

Insurance

Housing resettlement - legal norms

Violation of sanitary standards or inflated indicators. Natural hazardous areas. Houses built in areas of landslides, floods or other natural disasters. The exception is the possibility of eliminating the danger with technical structures. Man-made accidents. Residential buildings in the areas are considered unsuitable.

Power lines located at an altitude of 1.8 km, voltage frequency 50 Hz. Expensive repairs. Damaged houses, the repair of which is not economically profitable for the region. Noise. Unacceptable noise level.

Housing located in areas of highways, airports, railways. A house is not considered unsuitable if: Lack of amenities. For two-story houses, there is no sewage system or hot water.

Actions of residents after the house was declared unsafe: features of resettlement

After drawing up the act, the owners or social tenants of the premises can begin the procedure aimed at obtaining comfortable living space. What should be done if the house is recognized as unsafe?

It is the decision of this commission that will have the last word, which will determine the possibility of resettlement or the house will be recognized as dilapidated, but with the possibility of reconstruction. The commission does not visit the house; its responsibilities include:

1. evaluation of research results;
2. identification of specialists who will conduct a study of the structure;
3. checking documents and acts recognizing the house as unsafe;
4. decision-making.
5. establishing the completeness of the documents provided;

In order to

PRO new building +7 (499) 450-27-46 (Moscow)

Therefore, any person wants to receive information about whether his house is included in the list on the basis of which the residents will be resettled.

The response from the administration must be given within 30 days.

Also, each resident of an old house can send a request to the housing commission about the need to conduct an inspection of the building. Only this organization can recognize buildings as unsafe, and often inspections begin precisely after receiving a corresponding application from the building’s residents.

It is necessary that as many residents as possible put their signatures on the appeal.

Time frame for relocation from emergency housing (legislation in 2023)

The reasons for declaring a real estate property in disrepair may be:

1. complete absence or failure of the building's engineering networks;
2. destruction of a building or its structures;
3. constant flooding and destruction of the building foundation and many others.
4. physical deterioration of the building;

All owners of such housing, as well as persons living in this territory under a social tenancy agreement, have the right to relocate from housing recognized as dilapidated or in disrepair.

If you have not found the answer to your question, then you can get an answer to your question by calling the numbers ⇓ Free legal advice Moscow, Moscow region call: +7 (499) 938-60-73 St. Petersburg, Leningrad region call: +7 (812) 467-36-24 From other regions of the Russian Federation, call: +7 (800) 333-49-12 Legislatively, issues of resettlement and eviction are covered by the law on the Fund for Assistance to Housing and Communal Services Reform, in the Housing and Civil Codes of the Russian Federation.

Important! Legal regulation of this issue is carried out, Art.

Compensation for emergency housing

• Sometimes repairs are possible, but you will have to invest so much money that it makes more financial sense to resettle the residents and build a new building.
• In order for a house to receive emergency status, it is necessary:

1. Once the decision is made, the municipality is given a year to carry out the relocation and the tenants to move or receive compensation for lost property.
2. an inspection is carried out by a special commission to recognize the house as unsafe, which includes specialists from various bodies, who, when confirming the facts from the complaint, draw up a corresponding act;
3. at a general meeting of residents, draw up a complaint to the housing inspectorate and the municipality, which accurately lists all damage to load-bearing structures or residential premises that could harm the life and health of citizens;

Compensation for emergency premises is not received in all cases. The owner of dilapidated housing is not entitled to compensation.

How long does it take to move out according to the law if the house is declared unsafe?

Moreover, the more signatures there are, the better.

But, if it is not possible to collect the signatures of the residents, which can take several hours or several months, you can send an application only with the signatures of the owners of one of the apartments.

Consideration of the application is described in the legislation, but the deadlines, again, are not specified. On average, the decision on the need to assemble an interdepartmental commission is made approximately within 1 month from the date of receipt of such an application.

If no reaction occurs, you need to:

• If the review is already underway, find out when the result will be.
• Find out the fate of the application.
• If they do not provide any information or refuse to inspect the house, you can go to court.
• If any documents are missing, bring them.

1. The wear and tear of the house is determined without a preliminary inspection.
2. For this purpose, general technical information is used about the materials from which the structure was erected and the year of its commissioning.
3. According to the Decree of the Government of the Russian Federation indicated above, the following houses fall into the dilapidated category:

1. constructed of wood or adobe-type buildings with a wear level of at least 50-60%.
2. built of stone, the degree of wear of which has reached at least 70%;

The following houses are classified as emergency residential buildings:

1. victims of man-made or natural accidents;
2. with deformed load-bearing structures and walls;
3. located in an area with a high level of sanitary and epidemiological danger, etc.
4. located in an area of ​​unpreventable natural disasters;

Interesting to know! The interdepartmental commission reviews documents to recognize a house as unsafe within 1 month from the date of their receipt.

Citizens are notified of the results of the decision within 5 days from the date of the conclusion, and if the house poses a real danger, then no more than 1 day later.

Standards for the provision of housing when moving from a dilapidated building

But today, in the era of capitalism, the state and municipalities are practically not involved in the construction of new residential buildings.

This is mainly the prerogative of private developers. Therefore, the public housing stock is gradually decreasing from year to year. The state does not build new ones in place of old buildings that are subject to demolition, and accordingly the problem of resettling residents is growing like a snowball.

This is due to the fact that every day the queue of people in need of new housing is constantly increasing, and people have to wait for years when they are honored and receive the coveted square meters in exchange for an old apartment in a dilapidated building. But sooner or later, everyone gets their turn, and they still become full owners of a comfortable home.

Some legislative and regulatory acts give the following definition of dilapidated and dilapidated housing: dilapidated is understood as a building from the housing stock, the moral and physical wear and tear of which exceeds 70%, despite the fact that the foundation of the house (foundation, load-bearing walls and structures) have not lost their former strength and comply safety standards in accordance with Russian legislation;

Resettlement of dilapidated and emergency housing

The fund assumes all credit obligations of the constituent entities of the Russian Federation. It is not necessary to provide the region with full payment; a loan can be issued with the help of banks.

The recognition of a house as unsafe or fit for use is regulated by Government Decree dated February 28, 2006. If local authorities decide to build a building in a residential area that does not meet the requirements, this is a reason to challenge their decision or resettle the house.

Load-bearing, enclosing structures, foundation. Wear and tear - 65% for wooden and 70%.