Recognition of a private house as unsafe and subject to demolition: procedure, procedure, what owners should do

How to recognize a house as unsafe is a question asked by owners who want to change their living space to a more comfortable one. But for this, an apartment building must be recognized as unsafe in accordance with the procedure established by law . The Soviet era left us a legacy of housing stock, which is in a deplorable state and is becoming more and more destroyed every year. Over the past 25 years, not much new housing has been built and, as a result, millions of square meters of emergency housing have been created, in which women, children and the elderly live. Many emergency houses are houses without amenities, in which even the toilet is located on the street. Since the beginning of a large-scale federal program for relocation from dilapidated housing, citizens living in unsuitable housing have a chance to improve their living conditions and get comfortable apartments.

Recognition of a house as unsafe and subject to demolition

The recognition of a house as unsafe and subject to demolition is regulated by Decree 47 of the Government of the Russian Federation of January 28, 2006. In accordance with this resolution, the owners are explained the procedure for submitting documents to recognize a house as unsafe, how to do this and where to submit them.

So, if the owner of a premises in an apartment building believes that the house is in a deplorable condition, then he has the right to submit documents to recognize the apartment building as unfit for habitation and in disrepair. In general, no legislative act specifies how many people should submit documents, one or more.

If an apartment building is in a condition where no major repairs can help, then the interdepartmental commission is obliged to recognize it as unfit for habitation and in disrepair.

The main documents in this case will be a technical passport for an apartment building, which will necessarily indicate the percentage of depreciation of the building, a state housing inspection report and an examination of design and survey work, the conclusions of which should confirm the inappropriateness of major repairs and the unsuitability of people living in the house. Such documents can be submitted either by one home owner or by a group of them. Due to the significant costs of conducting the examination, the best option would be for all interested parties to unite. Many citizens are not aware of their rights and believe that the local administration should recognize the house as unsafe. Of course, if there is a municipal share in the house, then the administration does have this opportunity, but not the obligation. In many regions of the country, prosecutors file lawsuits against local governments in defense of the rights of citizens on the obligation of the administration to initiate the procedure for recognizing houses as unsafe and subject to demolition. This position has significantly increased the number of houses recognized as unsafe throughout the country. But in the pursuit of statistics, the opinions of the citizens themselves, who did not want this, were not taken into account.

What does the owner receive if a residential building is recognized as unsafe and subject to demolition?

If a residential building is recognized as unsafe and subject to demolition, improvement of living conditions can occur in three ways. First, you are waiting for the house to begin to be resettled under the federal program for relocation from dilapidated and dilapidated housing. In this case, you need to check with the local administration whether the house is included in this program.

Second, the house is being resettled by the local government at its own expense. And third, you yourself initiate a lawsuit through the court to obtain comfortable living quarters. In this case, you can get a living space with an area no less than what you currently occupy and a number of rooms no less than what is currently in use.

You can also change the method of obtaining housing and replace it with cash.

In order to recognize a house as unfit for habitation and in disrepair, the applicant must submit the following documents to the interdepartmental commission for consideration:

1. statement;
2. expertise;
3. State Housing Inspectorate report on the unsatisfactory condition of the house;
4. property documents or social tenancy agreement;
5. technical certificate.

After submitting these documents, the commission reviews them within 30 days and gives its conclusion.

If the commission concludes that a residential building is recognized as unsafe, then local authorities issue a resolution or order recognizing the house as unsafe. This document will be the main document on the path to acquiring new housing.

Whether a residential building is subject to demolition or not depends on whether the house is an architectural monument. If so, then such a house cannot be demolished, but must be reconstructed.

Recognition of an apartment building as unsafe and subject to reconstruction

An apartment building is recognized as unsafe and subject to reconstruction using almost the same mechanism as houses subject to demolition. So why is there a difference in wording when a house is considered unsafe?

But the thing is that residential buildings are recognized as subject to reconstruction if they are architectural monuments. The fact is that if an apartment building is an architectural monument, then it cannot be demolished by law.

In this case, the house is recognized as subject to reconstruction, and then all owners are responsible for carrying out reconstruction in it. In fact, for owners of houses living in houses recognized as architectural monuments, the other side of the “coin” occurs after such a residential building is recognized as unsafe.

In this case, demolition cannot be carried out, which means it is simply impossible to resettle the house. And then, according to the Housing Code of the Russian Federation, the owners have the obligation to carry out reconstruction in the house at their own expense, in proportion to their share of the property. At such a moment, an overlap occurs.

The owners of the house do not know that their house is an architectural monument and are starting the procedure for declaring an apartment building unsafe, not knowing all the consequences. If, nevertheless, it is necessary to recognize an apartment building as unsafe, then another pitfall in this situation will be the costly examination of the house.

Since the house is an architectural monument, the examination must be carried out by a certain organization. It must have a separate license for the ability to work with architectural monuments. Accordingly, the cost of the examination will be significantly higher.

How to find out whether the apartment building where you live is an architectural monument or not? Apartment buildings can be architectural monuments of various significance - federal, regional or local. In general, it is enough to write a request to any government agency that is responsible for working with monuments or cultural values ​​and they will give you an answer. You can also find such information on the Internet.

Which houses are considered unsafe?

Which houses are considered unsafe? An apartment building becomes unsafe only when its status is officially confirmed by a regulatory document of the administration. Recognizing it as an emergency is primarily based on the conclusions of the examination. But before ordering it, you can visually assess for yourself what conclusion will be drawn regarding a particular house.

Of course, if a house, for example, has a roof covering in unsatisfactory condition, then the house is recognized as simply requiring major repairs, but in no case is it considered unfit for habitation. In most cases, the main reason for recognizing a house as unsafe is the physical deterioration of the building.

It is expressed in damage to the supporting structures of the building and its foundation. When its reliability and strength are so low that it endangers the life or health of people living in it.

In places prone to landslides, mudflows, where power lines run. As well as houses that have been subjected to destruction, after which it is not economically feasible to carry out restoration work in the house.

Examination to recognize a house as unsafe

An examination to recognize a house as unsafe is the main document that is necessary to make a decision on the unsuitability of living in a given apartment building. In order to carry out an examination of the house to determine whether it is dangerous, design and survey work is carried out to identify damage to the load-bearing elements of the house’s structures. If the damage to the above structures is higher than normal, then the conclusion is made that it is unsuitable for living in an apartment building. Most often, houses are recognized as unsafe if the percentage of wear and tear on the house is 70 percent or higher. The authority to conduct an examination is possessed only by an organization with an appropriate license to carry out such work. If the object is an architectural monument, then there must be a separate license to conduct such an examination.

Interdepartmental commission for recognizing a house as unsafe

The interdepartmental commission for recognizing a house as unsafe accepts documents for consideration, checks the stated facts and documents and makes a final decision on recognizing the house as unsafe or may conduct an additional inspection.

The period for reviewing documents from the date of application is 30 days. If the conclusion of the interdepartmental commission indicates the conclusions that the house is recognized as unsafe and subject to demolition, then the authority within 30 days issues an order with the appropriate deadlines for the resettlement of citizens.

The interdepartmental commission for recognizing a house as unsafe includes representatives of local governments from various departments: Rospotrebnadzor, State Housing Inspectorate and other various structures.

The composition of the commission is approved by the regulatory documents of the local government body.

How to find out if a house is considered unsafe

To find out whether a house is recognized as unsafe or not, make a request to the local administration. Be sure to indicate in it that they send you a copy of the regulatory document, according to which it is recognized as an emergency.

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How a house is recognized as unsafe: procedure and step-by-step actions

The state is obliged to monitor the condition of houses and remove potentially dangerous properties. Damaged houses cannot be repaired and cannot be used for living. Once a property is declared unsafe, it is subject to immediate demolition.

First of all, this procedure is aimed at protecting the rights of citizens and providing them with quality and safe housing.

What are the criteria for recognizing a property as unsafe, how to find out when a house will be demolished, and also how the demolition occurs - we will consider further.

Signs of a house in disrepair

According to the provisions specified in the Housing Code, real estate is recognized as emergency if it has the following features:

1. The entire house or some parts of it are worn out and can no longer be used.
2. According to sanitary indicators, the rooms in the premises have a microclimate dangerous to human life and are not suitable for living.
3. The building is located in a potentially dangerous area, where disasters often occur, the prevention of which is impossible.
4. The building is located on an area where a man-made disaster could occur.
5. The house is located next to structures that transmit alternating current.
6. The property was heavily damaged by a massive fire/explosion and is beyond repair.
7. The property is located near a highway and the noise level from traffic exceeds permissible standards (a building is considered unsafe only if it is impossible to eliminate the problem with the help of additional structures).

It will not be possible to recognize real estate as emergency housing in the following cases:

1. The 1-2 storey building does not have a water supply or sewerage system.
2. There is no elevator in a multi-storey building (more than 5 floors), but it is not fully operational.
3.  The actual area of ​​the rooms in the property is less than what was indicated in the construction plan.

The list of emergency houses, as a rule, includes only those properties in which it is no longer possible to eliminate the breakdown/defect. If the condition of the house is normal, but there is a small flaw, then a major overhaul is simply carried out.

The procedure for recognizing a house as unsafe

Relocating citizens from an apartment building under the pretext that the housing is in disrepair and is not suitable for living is one of the most profitable tactics for eviction of people that the authorities use. In this case, the citizen is not provided with any guarantees regarding new housing. He may be relocated to a less convenient and comfortable property.

Attention! The procedure for declaring a house unsafe through an order by local authorities is illegal. The only legal basis for the demolition of a house is a resolution of the executive authorities.

As a rule, such resolutions not only have a description of the property and its condition, but also a section that protects the rights of residents.

How to sell a room in a communal apartment?

The interdepartmental commission for recognizing housing as unsafe is obliged to provide residents with a document on the basis of which the eviction of citizens and demolition of the house is carried out. If this is not a Government Resolution, then most likely the authorized persons want to use their position to sell the land to the development company.

Documentation

If residents are sure that their property is in disrepair, then they need to contact the local interdepartmental commission and provide them with the following package of documents:

1. Application with a request to award the property the status of “emergency building”. It is important to indicate in the document the reasons on which the appeal is made.
2. Technical documentation for housing (passport from the BTI, expert opinion on the state of wear of certain elements and the entire house as a whole).
3. Documents confirming the unsuitability of the property for habitation (plans and schematic sections of the building).
4. Acts on renovation work in the house over the past few years.
5. Conclusion of the sanitary-epidemiological service.
6. Conclusion of the State Fire Service.
7. Residents' statements about unacceptable living conditions.
8. Act of the State Housing Inspectorate of the Russian Federation. This document displays information about the procedures performed related to monitoring compliance with the provisions specified in the Housing Code.

Also, property owners will definitely need a report on the condition of the property, which is prepared by organizations that hold the appropriate license. Such a document can be prepared both for part of the property and for the entire apartment building.

In addition to all the above documents, you may need other papers, and therefore you must first consult with a specialist, and only then begin preparing acts and certificates.

Commission members

It is signed by all members of the commission, which includes the following government agencies:

1. Employee of the executive service of the Russian Federation.
2. Representative of the state housing inspection.
3. Employee of the State Sanitary and Epidemiological Service.
4. Guide to urban planning and architecture.
5. Fire service representative.
6. Federal supervision officer (in the field of industrial safety).
7. BTI representative.

Apartment gift tax

The head of the real estate management company must be included in the commission; he represents the interests of the residents of the house.

Important! If the property is an architectural monument and is of a certain value to the city, then permission from the department responsible for the control and protection of historical and cultural monuments is required.

A house is recognized as unsafe and subject to demolition only after all submitted documents have been examined.

As a result of the commission's work, other results may also be produced. So, the following conclusions regarding real estate are acceptable:

1. The house is considered suitable for living, and the reasons given for the appeal are insignificant.
2. A house is recognized as suitable for living only after major repairs and reconstruction of the property have been carried out.
3. As a result of studying the documents, the house is recognized as unsafe and unsuitable for living. Any repair work is considered useless, because it is not able to eliminate the existing defect/breakage.

Emergency houses subject to demolition are real estate that is not only unsuitable for living, but also poses a threat to the lives of citizens living in this house and nearby houses.

Demolition of an emergency house

If, as a result of the recognition of real estate as unsafe, no actions are taken throughout the year aimed at relocating citizens and protecting the rights of residents, then most likely this procedure is illegal and the local government is pursuing its own selfish goals, hiding behind the statement that the real estate is in unsafe condition.

The consequences of declaring a house unsafe are as follows:

1. The management company and, in particular, the residents set deadlines and requirements for the demolition of real estate.
2. The Government Decree, issued as a result of the work of the interdepartmental commission, is transferred to the Prefects of the administrative districts, who resettle the residents and search for sources of financing for the dismantling of the property and the construction of a new house.
3. Further, the citizens living in this house are provided with new housing, and the house is demolished.

Attention! If property owners do not take any measures during the period of time allotted to them, then the housing automatically becomes the property of the local municipality, which resettles citizens and demolishes the house.

Transfer of an apartment in a new building: pros and cons

The procedure for relocating residents is as follows:

1. Lease and social tenancy agreements are terminated with legal entities and individuals.
2. All real estate becomes the property of the municipal service.
3. The municipality management provides the residents of the house with apartments with an identical area and number of rooms.
4. An agreement is signed with the subjects on exactly the same terms as the previous one.

In the event of demolition of privately owned real estate, authorities are required to adhere to the following rules:

1. When demolishing a house located in the private sector, the authorities are obliged to buy the land plot from its owner or provide a court decision on the forced seizure of the private territory (if the owner refuses to sell the land).
2.  When demolishing an apartment building whose apartments are privately owned, the state is obliged to provide residents with appropriate housing or pay compensation in the amount of the market value of the property (Article 32 of the RF Housing Code).

Property owners are required to carefully study the documents on the basis of which government officials wish to evict citizens and demolish a house. Even the most minor inconsistencies and violations of rights can be challenged in court.

Many private construction companies, in order to get a tasty plot for construction, carry out the procedure for declaring a house unsafe and resettling citizens illegally, often leaving residents with nothing. Before you sign an agreement or any other legal document, you should consult with a lawyer to determine whether the transaction is legal.

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How to recognize a house as unsafe and subject to demolition, on what grounds

If an apartment building is completely uninhabitable due to dilapidation or other reasons, the authorities are obliged to take care of the safety of the residents and provide them with apartments in proper condition. Let's look at how to recognize a house as unsafe and subject to demolition.

Signs of housing disrepair

Residential premises are classified as emergency and unsuitable for living under the following conditions:

• the supporting and enclosing structure is deformed or damaged;
• Part of the utilities (electricity, water supply) does not work or is missing;
• apartment ventilation that has become unusable mixes air flows from living rooms, kitchen and bathroom;
• Toxic substances were identified in the apartment;
• the temperature in the premises does not exceed 18 degrees;
• humidity exceeds 60%;
• living rooms are located in the basement or basement;
• there are no windows in the rooms;
• there is no insolation that meets the standards.

Is not unsuitable:

• low-rise building without hot water supply and sewerage systems;
• a building without an elevator above the fifth floor unless it is completely in use;
• an object with discrepancies in the planned and actual areas of residential premises.

Signs of emergency are not the same as grounds for declaring a residential building unfit for habitation. Before considering the algorithm for recognizing a house as unsafe or dilapidated, you need to check the Decree of the Government of the Russian Federation of January 28, 2006 No. 47.

Reasons to recognize a house as unfit for habitation

According to paragraph 33 of the Regulations approved by the said resolution, recognition of housing as unfit for habitation is feasible if:

• the house cannot be restored after an explosion, fire, or natural disaster;
• the building is at risk of destruction in the event of a man-made accident, the probability of which is high due to the increasing frequency of natural disasters;
• the house is located in an area with a high risk of avalanches, mudflows, landslides, and floods;
• the foundation or structural elements of the building are deformed;
• the house is located next to a source of noise exceeding the permissible limit of 55 decibels;
• there is a power line or structure for transmitting alternating current close to the house;
• in a specially designated area next to the building, waste chutes are washed and cleaned;
• the house does not meet hygienic requirements and sanitary and epidemiological standards.

Housing with a degree of wear of at least 70% for stone houses or 65% for structures made of wood or local materials, as well as attics, is also considered unsuitable.

A building is considered subject to demolition if it is technically impossible or economically infeasible to solve the problem under the law on major repairs 271-FZ through major repairs or reconstruction.

Procedure: we seek recognition of the house as unsafe

Now let’s look at how to recognize a house as dilapidated or unsafe, step by step:

Download the application for recognizing the house as unsafe

1. Draw up an application and submit it to the municipal authority;
2. Collect documents;
3. Order an examination to recognize a building as unsafe from an organization with a license to conduct it;
4. Take part in the work of the commission to recognize the house as unsafe;
5. At the end of the commission’s work, make a request to the municipality whether the house is recognized as subject to demolition or not.

Please note: if a residential building is an architectural monument, it will not be subject to demolition, no matter how unsuitable its condition may be. For an apartment owner who expects to get another housing, the procedure for recognizing a house as unsafe in this case is useless.

The law distinguishes between architectural monuments of federal, regional and local significance. To find out if your home is one of them, you need to make a written request to your local architecture department.

If it does, the maximum you will achieve is a conclusion about the need for repair or restoration of the building. Please note that the examination to recognize an architectural monument as unsafe is carried out only by an organization with a separate license and is more expensive.

Important: at the beginning of the process, try to agree with the owners of other apartments to share the costs of the examination. Residents of an apartment building also have the right to submit a collective application to recognize the building as unsafe.

Who checks the suitability of the house

Having registered an application, municipal authorities are obliged to transfer it to the permanent interdepartmental commission for recognizing housing as unsafe or to create a commission specifically to inspect your house.

The interdepartmental commission includes:

• representatives of regional and municipal authorities;
• design engineers;
• representatives of Rospotrebnadzor, sanitary-epidemiological, fire and other services;
• owners or tenants of housing.

It is recommended to join the commission or at least closely observe how officials recognize housing as dilapidated and unsafe in order to help them draw the right conclusions.

The period for consideration of the application does not exceed 30 days, and in special cases is reduced to 1 day.

What documents are required

Collecting numerous documents is the most difficult stage of the procedure for declaring housing unfit for habitation. Here is the standard list of papers:

• a notarized copy of the title document for the apartment or the social tenancy agreement;
• registration certificate of an apartment building from the BTI;
• expert opinion on the technical condition of housing;
• an act of inspection of the building by the property owner, performed over the last three years, indicating the types and volumes of repair work during this period;
• act of the housing inspection in the subject of the federation on the current condition of the house;
• other documents required by the municipality or interdepartmental commission.

The procedure for recognizing housing as unsafe and issues of relocation from such a house are covered in the following video

Final decision

After examining the object, the commission makes one of three decision options:

1. About the compliance of the house with the criteria for suitability for habitation in its current condition;
2. On identifying the grounds to recognize the building as suitable for habitation after major repairs or reconstruction work;
3. On identifying the grounds to recognize the house as unfit for habitation and subject to demolition.

If the interdepartmental commission found the house suitable for living, but decided that it needs major repairs, it is worth hastening to implement its instructions.

In the case when the residents of the house pay for major repairs, dumping them into a “common pot,” major repairs can be expected for many years, in the order of the official queue. Therefore, it is better to create your account at home and collect money for it.

Find out how to open a special account for home renovations here.

The conclusion of the interdepartmental commission is reflected in the drawn up act. A member of the commission who does not agree with the position of the majority has the right to file a written protest (dissenting opinion), which must be attached to the act.

The final decision on recognizing housing as dilapidated and unsafe is made by the municipality, and not by the commission itself. Local authorities are required to notify homeowners of their verdict within five days of the decision.

You can ask questions about recognizing housing as unsafe in the comments to the article.

Nothing lasts forever: recognition of a house as unsafe and subject to demolition

G. Alekseev Author of the article

One of the foundations of all Housing legislation is the safety of residents, ensuring the proper condition of houses and suitable living conditions in them. But since everything wears out sooner or later, housing very often requires major repairs. Houses unfit for habitation and prepared for demolition are considered unsafe.  

On what grounds can a house be considered unsafe or subject to demolition?

According to the norms of current legislative acts, the following signs will be the basis for recognizing a house as unsafe and subject to demolition:

• actual wear and tear of the building as a whole or its individual parts and elements;
• changes in sanitary indicators of the environment or microclimate of premises that will threaten the life and health of residents;
• if the housing is located in places where natural disasters often occur and it is impossible to prevent the consequences using engineering means;
• finding a house or apartment in places where a man-made disaster may occur;
• location near overhead AC transmission facilities;
• destruction of residential premises due to explosions, accidents, fires;
• if the windows of the home face highways and, as a result, the noise level is higher than normal, and it is impossible to improve the situation with the help of engineering structures;

The premises cannot be considered unsafe for the following reasons:

• lack of sewerage and hot water in a 1–2-story building;
• there is no elevator in a building above the 5th floor, if it is not fully in use;
• discrepancy in the planned and actual volumes of residential premises that were built earlier and current indicators.

An apartment building can be recognized as unsafe and subject to demolition only if no repair work or engineering structures can solve the existing problem.

The procedure for recognizing a house as unsafe and subject to demolition

Since April 2015, a new government decree has been in force, which makes some changes to the process of recognizing a house as unsafe and subject to demolition:

• local executive authorities can independently form an interdepartmental commission;
• They will have to make a decision on the status of the building within a month from the date of acceptance of the application.

To recognize a house as unsafe and subject to demolition, the following procedure must be followed:

• the owner of the apartment or house must submit an appeal to the local interdepartmental commission;
• the commission forms a group of experts who will evaluate the technical characteristics of the building;
• at the end of the survey, the commission draws up an act in three copies, one of which is sent to the applicant and makes a decision on the status of the house, which is made by a majority vote;
• Local authorities are notified of the decision within 5 days, and they decide the fate of the residents of the inspected house.

That is, the law clearly regulates that only an interdepartmental commission can assess the condition of the house. The actions of other authorities will be considered illegal. The document recognizing the housing as unsafe and subject to demolition must be signed by all members of the commission. People must be evicted from housing that is considered unsafe within 2 weeks.

Recognition of a private building as unsafe

What to do if a private house is declared unsafe and subject to demolition?

The owner of such a premises should know:

• the homeowner must be involved in the work of the commission;
• if his house is recognized as unsafe, then local authorities are obliged to buy the land plot from him, with a view to subsequent demolition, or provide an equivalent exchange for the same land.

The commission may order a re-examination of the house if necessary.

Documents for recognizing a house as unsafe and subject to demolition

Sometimes the commission may not come to inspect the house - the decision is made based on the documentation provided. In order for the procedure for recognizing a house to be in disrepair to be complete, the owner should bring the following papers along with the application:

• copy of technical passport;
• floor plans obtained from the BTI;
• acts for the last 3 years, which will indicate general inspections of housing and repair work performed;
• conclusion of the SES service;
• conclusion of the fire service;
• written complaints from residents of the house;
• conclusion of the design and survey service on the technical condition of the house. This service must have a license for this type of activity;
• other papers on request.

Please ensure that all documents are properly executed, with all signatures and seals.

What are the consequences

If a house is recognized as unsafe and subject to demolition, its residents should be prepared for the following consequences:

• if the accommodation was carried out on the terms of social rent, the corresponding contract will be terminated, and the residents will be offered other comfortable housing;
• if the residential premises were privately owned, then the owner, at the request of the authorities, must demolish it within the specified period;
• if the owner does not comply with the requirement, then the land on which the house stands must be withdrawn in favor of the municipality, and along with it the premises located on it. In this case, the owners of the premises must be informed one year in advance.

Confiscation of a land plot occurs on the general basis established by law.

As you can see, declaring a house unfit for habitation is not an easy procedure. Residents can challenge the inaction of the interdepartmental commission in court if they consider their home to be unsafe.

It is worth paying attention to the fact that the premises supervision authority can also act as an applicant. In this case, he must present his conclusion.

The application can be submitted to the commission in person, sent by mail or sent using online resources.

Actions of the administration when a house is recognized as unsafe

After a house is recognized as unsafe, the owners are required to provide equivalent housing for living. You cannot evict a person onto the street; this is contrary to established norms and rules. Given these features, owners of privatized apartments and municipal housing find themselves in an unequal position.

1. Residents draw up a written appeal to the administration demanding that the building be occupied.
2. Based on the application, an expert commission is formed that will evaluate the technical condition of the house.
3. Based on the results of the inspection, a report is drawn up, one copy is given to the owners.
4. It takes about 5 days to make a decision to recognize a building as unsafe.
5. Once a house is declared unsafe and subject to occupancy, residents must be evicted within 14 days. However, in practice, this period can last for several months.

How to recognize a house as unsafe

• photocopies of documents for the apartment, certified by a notary;
• plan of a residential property;
• registration certificate for the house;
• statements from owners (complaints from neighbors) about the building’s non-compliance with standards;
• an inspection report (over the last three years) of a residential building, which reflects the types and volumes of repairs that were carried out during the specified period;
• a document indicating the technical condition of the housing, which was issued by an enterprise with a license to carry out design and survey work;
• acts of the housing inspection of the region of the Russian Federation with the result of implemented state control measures in accordance with the norms of legislation on the use and safety of the object;
• other documents that the representative of the territorial office will name.

• the supporting and enclosing structure is damaged or deformed;
• There are no separate elements of engineering communications (the water supply does not work, there is no electricity supply);
• ventilation integrates the air flows of the kitchen, sanitary and living rooms;
• temperature indicators do not exceed 18 degrees for a long time;
• humidity indicators more than 60%;
• there is no insolation in the number of rooms specified by the standards;
• the object is located in the basement or basement;
• there are no windows in the rooms;
• Toxic substances were found in the apartment.

Statement of claim for the provision of housing in place of emergency

In accordance with Article 89 of the Housing Code of the Russian Federation, other residential premises provided to citizens in connection with eviction under a social tenancy agreement must be well-equipped in relation to the conditions of the relevant locality, equivalent in total area to the previously occupied residential premises, meet established requirements and be located within the boundaries of this locality point.

Citizens occupying residential premises under a social tenancy agreement have the right to file a claim in court demanding the provision of housing to replace unsuitable housing. These can be both employers and members of their family. Such residential premises are provided to citizens on an extraordinary basis.

Review of judicial practice in cases related to ensuring the housing rights of citizens in the event of a house being recognized as unsafe and subject to demolition (2014)

I. Some issues regarding the consideration of cases challenging decisions, actions (inactions) of local government bodies and interdepartmental commissions related to the recognition of residential premises as unfit for habitation, an apartment building in disrepair and subject to demolition or reconstruction, determining the timing of resettlement of such houses

At the same time, G. was explained that in order to protect her legal rights and interests, she has the right to challenge the inaction of the interdepartmental commission and the local government body in making a decision related to declaring the residential premises unfit for habitation, by going to court in the manner prescribed by Article 254 of the Code of Civil Procedure of the Russian Federation.

The procedure for recognizing a house as unsafe: commission

In each locality, the interdepartmental commission has its own composition, approved by the local government.

The commission may consist of representatives of the city administration, employees of the architectural and urban planning department, the meeting of deputies, the department of supervisory activities, representatives of the Ministry of Emergency Situations, the Rospotrebnadzor department, employees of the Bureau of Technical Inventory, chairmen of the homeowners' association, housing cooperative or management company.

Housing can be considered dilapidated if it is more than sixty-five percent dilapidated. However, after the commission recognizes it as such, there will be no resettlement. You can get a new apartment only when the current housing is considered subject to demolition. Such a decision is made only if the construction of new facilities is planned on the site of a given apartment or private building.

RAA Law

• deterioration due to physical wear and tear during the operation of the building as a whole or its individual parts, leading to a decrease in the reliability of the building, the strength and stability of building structures and foundations to an unacceptable level;
• changes in the environment and microclimate parameters of a residential premises, which do not allow compliance with the necessary sanitary and epidemiological requirements and hygienic standards in terms of the content of chemical and biological substances potentially hazardous to humans, atmospheric air quality, background radiation levels and physical factors of the presence of sources of noise, vibration, electromagnetic fields;
• damage resulting from explosions, accidents, fires, earthquakes, uneven subsidence of soil, as well as other complex geological phenomena;
• deformation of foundations, walls, load-bearing structures and a significant degree of biological damage to elements

wooden structures that indicate exhaustion of bearing capacity and danger of collapse;

location of the house in dangerous zones of landslides, mudflows, snow avalanches, as well as in territories that are annually inundated with flood waters and in which it is impossible to prevent flooding of the territory using engineering and design solutions;

the location of the house in the zone of probable destruction in the event of man-made accidents, determined by the authorized federal executive body, if it is impossible to prevent the destruction of residential premises with the help of engineering and design solutions.

The procedure for recognizing a house as unsafe and subject to demolition

• complete deterioration of the house and its individual parts that cannot be structurally separated from the building;
• changes in the environment or microclimate, resulting in a danger to the life and health of residents;
• the house is located in a place where there is a threat of a natural disaster, the consequences of which cannot be prevented by engineering means;
• the house is at risk of a man-made disaster;
• the building is located in close proximity to alternating current transmission facilities;
• a fire or explosion caused significant damage to the building and its restoration is impossible;
• The noise level near the house is higher than normal.

It should be noted that if the existing problem can be eliminated with the available funds, then the house will not be subject to demolition.

The only thing that residents can challenge is the resettlement procedure. In accordance with the law, the municipality must provide the residents of the house with similar social housing under the same conditions. If they give you a smaller apartment or completely terminate the contract without an offer to conclude a new one, then you need to go to court to sort it out.

The apartment building where the apartment that belongs to me is located is recognized as unsafe and subject to demolition. They offer me a purchase price for my apartment, however, I do not agree with its size. What are the consequences of refusing the amount offered and refusing any dialogue with the administration at all?

Does the interdepartmental commission have the right to recognize an apartment building as unfit for habitation (instead of declaring residential premises unfit for habitation)? How important is the correct wording in the conclusion of the interdepartmental commission? Can they be evicted from an “uninhabitable apartment building”?

The procedure for recognizing a residential building as unsafe has been clarified

On August 13, 2023, Decree of the Government of the Russian Federation dated 08/02/2022 N 746 comes into force, which amends the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction.

If the commission created by the executive authority of a constituent entity of the Russian Federation includes officials who issued a permit for the construction of an apartment building or who issued a permit to put an apartment building into operation, as well as representatives of state supervision (control) bodies, local government bodies, organizations and experts certified in the prescribed manner for the right to prepare expert opinions on design documentation and (or) the results of engineering surveys that participated in the preparation of documents necessary for issuing these permits, the executive body of the constituent entity of the Russian Federation decides to create another commission for the purpose of assessing and inspection of a premises or apartment building in the case specified in paragraph one of this paragraph. The specified persons and representatives are not included in the composition of such a commission. At the same time, this commission must include experts who are duly certified for the right to prepare expert opinions on design documentation and (or) engineering survey results.

Resolution recognizing a house as unsafe

The pension fund refused to use maternity capital, since the house is in disrepair, the transaction and property rights were registered in the Rosreestr, there are no restrictions, on official websites (housing and communal services reform) the house is not recognized as unsafe, the percentage of depreciation of the house is 40%, a decree on recognition the emergency home is not published on the administration’s website, could this resolution have no legal force, and the actions of the administration are not laws?

The law on maternity capital does not define the percentage of depreciation of housing that is permissible for the Pension Fund to approve an application to purchase a house.

Typically, a house is considered unsuitable for permanent residence if the percentage of wear and tear is close to 80%. In any case, only a local administration commission can make such a decision.