Inspection of the technical condition of buildings is in demand when selling/purchasing, repairing, or after man-made disasters. Individual structures can be studied or a complex of works can be carried out.
The service consists of a visual inspection, research using special instruments and equipment.
The result is a set of documents on the condition of power and other structures, depending on the specifics of operation.
Grounds for recognizing the emergency condition of a home
A decision on this can only be made by an interdepartmental commission. A building is recognized as unsafe in the following cases:
- change in microclimate - in apartments, SES and hygiene standards are violated without the possibility of restoration
- physical wear and tear – foundations and supporting structures have lost stability, strength, and reliability during operation
- man-made disasters – the impossibility of recovery after a fire, flood, or other disasters
After signing the act, residents are resettled within two days, the structure is subject to demolition, and the territory is cleared for development. Annual flooding of the territory, mudflows, and landslides also make it possible to classify a building into this category even in the normal state of power structures and foundations.
A non-residential building is recognized as unsafe according to a similar scheme: a commission is created, departmental SNiPs and special standards are used.
Only organizations that are members of the SRO of surveyors and designers can engage in activities related to the recognition of residential and non-residential buildings. At the same time, the form of ownership of companies is not taken into account.
The commission (housing stock) includes authorized representatives of the following bodies:
- environmental safety
- fire safety
- SES
- consumer rights protection
- inventory/registration of real estate objects
- owner or representative
- experts from design and survey organizations
The latter are given the decisive vote, since the wear and tear of structures is more important than many other factors. After issuing a conclusion on unsuitability, the owner assesses the cost of reconstruction or demolition with the construction of a new box.
Customer of the service
The procedure for recognizing a building as unsafe is regulated by law and consists of the following stages:
- visual inspection
- technical examination
At the first stage, experienced specialists find distortions, displacements, deformations of foundations, main walls, rafter systems, roofing, thermal and waterproofing elements.
Then measurements of the magnitude of these defects are carried out, the data is compared with possibly acceptable figures when integrity can be restored by major repairs.
In addition, background radiation is measured, samples of water, soil, concrete, and other materials used in power structures are taken to determine fatigue and temporary damage.
The service can be ordered by apartment owners in a building that they consider unsuitable for habitation. There are authorities authorized to supervise and control the accident rate of objects in the entrusted territory.
The initiative for the survey may come from them. The procedure for recognizing a non-residential building as unsafe replicates previous studies.
The composition of the commission does not differ from the original one; the decision is also made by the act signed by all participants.
- Region LLC specialists are ready to provide assistance at all stages, both at the stage of reviewing the project concept and at the stage of preparing technical specifications for the survey, and, if necessary, for design.
- The experience of our specialists allows us to solve the most complex engineering problems in the optimal time and offer the customer a competitive price for design and survey work.
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To determine the basic (initial) cost of design estimates and survey work, Region LLC uses a time-tested method: drawing up estimates for design and survey work using reference price reference books.
The estimated cost of design and survey work is a justified initial cost of work, which is clarified in the process of clarifying the scope of work and negotiations.
An estimate for design and survey work compiled according to reference price reference books can serve as a justification for the price during the competitive procedure in accordance with Federal Law No. 44 and No. 223.
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Region LLC specialists are ready to provide assistance at all stages of decision-making, both at the stage of considering the project concept and when considering options for the reconstruction of existing buildings and structures. At the design preparation stage - prepare technical specifications for design and the necessary research.
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As part of the design contract, we always stipulate warranty obligations and financial liability for failure to meet deadlines.
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Is payment due to the owner of non-residential premises in a dilapidated building?
Any person will certainly associate the word “accident” with the concept of danger. Authorities are obliged, in accordance with the established procedure, to respond and take measures to minimize possible threats to the health and life of citizens.
After an apartment building (hereinafter referred to as MKD) is recognized as unsafe, events develop according to two scenarios:
- The apartment building is subject to reconstruction (repair),
- The apartment building is subject to demolition.
In such situations, citizens of our country count on the provision of new housing.
The chronological framework of resettlement relations also varies. In ordinary cases, residents of an emergency apartment building are expecting a future housewarming party; in an emergency situation (hereinafter referred to as an emergency), the main thing is to have time to collect documents and things, and then wait for the ransom (payments) due to citizens by law.
Long-term judicial practice has repeatedly shown that the housing legislation of the Russian Federation does not separate the owners of residential and non-residential premises, however, controversial issues continue to arise in court proceedings.
Indicative is the Determination of the IC on economic disputes of the Supreme Court of the Russian Federation dated November 20, 2018 No. 309-KG18-13252.
The background is as follows: at the mines in the city of Berezniki, Perm Territory, the interdepartmental commission recognized the MKD as unsafe and subject to reconstruction or demolition due to failures in the mines.
In one of these houses, the municipal administration refused to seize and buy non-residential premises, which resulted in the owner of this premises (LLC Berezniki-Service, hereinafter referred to as the Company) going to court to protect their rights.
All three authorities recognized the refusal to satisfy the owner’s demands as lawful, but the Supreme Court of the Russian Federation did not agree with the position of the courts and sent the case for a new trial on the following grounds.
Refusing to satisfy the stated requirements, the courts were guided by the provisions of Article 279 of the Civil Code of the Russian Federation, parts 1 and 10 of Article 32 of the Housing Code of the Russian Federation and came to the conclusion that these rules of law can be applied in the event that houses are recognized as unsafe and subject to demolition due to their natural physical wear and tear as a result of operation.
At the same time, the courts indicated that for the owners of non-residential premises in the disputed building, there is no legislative regulation of the consequences of recognizing a residential apartment building as unsafe and subject to demolition or reconstruction.
The courts found that the present dispute arose as a result of a man-made accident at the BKPRU-1 mine of PJSC Uralkali in the city of Berezniki, which was recognized as a federal emergency on the basis of Order of the Government of the Russian Federation dated June 22, 2007 No. 814-r.
The Ministry of Finance of the Russian Federation was instructed by this order to provide, in the prescribed manner, at the expense of federal budget funds, up to 700 million rubles of a budget loan to the budget of the Perm Territory to cover the costs associated with the start of work on the resettlement of citizens from the zone of probable destruction.
The courts came to the conclusion that the procedure for making social payments to owners of commercial real estate is not established by current legislation.
Forced alienation of property from owners of commercial real estate for state and municipal needs is not provided for, and therefore there are no grounds for satisfying the stated requirements and applying, in accordance with paragraph 1 of Article 6 of the Civil Code, by analogy with the specified relations of the provisions of Article 32 of the Housing Code.
However, the panel of judges believed that the courts, when considering the case, committed significant violations of substantive law and did not take into account the following:
“...According to Article 35 of the Constitution of the Russian Federation, the right to private property is protected by law.
Everyone has the right to own property, own, use and dispose of it, both individually and jointly with other persons. No one can be deprived of his property except by a court decision.
Forced alienation of property for state needs can only be carried out subject to prior and equivalent compensation.
In accordance with paragraph 1 of Article 235 of the Civil Code, the right of ownership is terminated when the owner alienates his property to other persons, the owner renounces the right of ownership, the destruction or destruction of property and when the right of ownership to property is lost in other cases provided for by law.
Paragraph 1 of Article 18 of the Federal Law of December 21, 1994 No. 68- FZ “ On the protection of the population and territories from natural and man-made emergencies” provides for the right of citizens of the Russian Federation to compensation for damage caused to their health and property as a result of emergency situations.
According to paragraph 10 of Article 32 of the Housing Code, the recognition, in accordance with the procedure established by the Government of the Russian Federation, of an apartment building as unsafe and subject to demolition or reconstruction is the basis for the body that made the decision to recognize such a house as unsafe and subject to demolition or reconstruction to the owners of the premises in the specified building of a demand for its demolition or reconstruction within a reasonable time. If these owners do not carry out the demolition or reconstruction of the specified house within the established period, the land plot on which the specified house is located is subject to seizure for municipal needs and, accordingly, each residential premises in the specified house is subject to seizure, with the exception of residential premises owned by right property to a municipal entity, in the manner prescribed by parts 1 - 3, 5 - 9 of this article.
………that one of the grounds for declaring a residential premises unsuitable for living in and an apartment building in disrepair and subject to demolition or reconstruction is the location of residential premises in the zone of probable destruction during man-made accidents, if it is impossible to prevent the destruction of residential premises using engineering and design solutions.
Apartment buildings located in these zones are recognized as unsafe and subject to demolition or reconstruction. In the Regulations, the zone of probable destruction in the event of man-made accidents means the territory within the boundaries of which there are residential premises and apartment buildings that are at risk of destruction due to a man-made accident.
According to paragraph 22 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated 02.07.
2009 No. 14 “ On some issues that have arisen in judicial practice when applying the Housing Code of the Russian Federation”, courts should take into account that, by virtue of Part 10 of Article 32 of the Housing Code, recognition in the prescribed manner of an apartment building as unsafe and subject to demolition or reconstruction is, in general rule, the basis for the body that made such a decision to present a demand to the owners of residential premises in the specified house for its demolition or reconstruction within a reasonable time at their own expense.
In the event that the owners of residential premises have not carried out the demolition or reconstruction of an apartment building within the period given to them, the local government body makes a decision to seize the land plot on which the said emergency building is located for municipal needs (they consist in the fact that on the territory of the municipal there was no residential building that could not ensure the safety of life and health of citizens) and, accordingly, on the seizure of each residential premises in the house through redemption, with the exception of residential premises owned by the municipal formation.
The Constitutional Court of the Russian Federation in its ruling dated March 28.
2017 No. 624- O expressed that the provisions of Article 32 of the Housing Code, aimed at protecting the interests of the owners of residential premises seized for state (municipal) needs, including in connection with the recognition of an apartment building as unsafe and subject to demolition or reconstruction, establishing the conditions for seizure residential premises, as well as the possibility of providing another residential premises in place of the seized residential premises, specify the provisions of Articles 35 (Part 3) and 40 (Part 1) of the Constitution of the Russian Federation on the inadmissibility of arbitrary deprivation of housing and forced alienation of property for state needs without prior and equivalent compensation... ."
Taking into account the above, the court decided, since the Civil Code of the Russian Federation does not stipulate the procedure for the seizure of non-residential premises for public needs, then the legislation regulating similar relations is applied by analogy.
By virtue of the Housing Code of the Russian Federation, if the owners have not carried out the demolition or reconstruction of a dilapidated house within the established period, the land plot under it and each residential premises are seized for municipal needs through redemption.
This is precisely what the courts did not take into account and did not appreciate the applicant’s arguments that:
- The apartment building was declared unsafe and subject to demolition;
- The apartment building has in fact been dismantled;
- all other owners were paid the value of their property at the market price.
Thus, the courts of previous instances formulated decisions according to the principle “the forest is burned, and the nightingale is crying for its nest.” By incorrectly applying similar relations in the legislation, the courts actually left Berezniki-service LLC without the property it owned, forgetting about the constitutional rights and guarantees of a legal entity in the status of the owner of non-residential premises.
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Recognition of buildings as unsafe and subject to demolition. New in legislation
Today I would like to write about the development of a built-up area in which real estate properties that are not multi-apartment residential buildings are located. On May 17, 2017, the Government of the Russian Federation adopted Regulations on the recognition of capital construction projects (with the exception of apartment buildings) as unsafe and subject to demolition No. 577.
To make it clear what objects we are talking about, let me remind you that an apartment building is a house consisting of two or more apartments, and containing the common property of the owners of apartments and other premises. All other real estate objects, including individual residential buildings, commercial real estate, etc., are subject to Decree of the Government of the Russian Federation No. 577 dated May 17, 2017.
So, by virtue of Art. 46.10 of the Civil Code of the Russian Federation, a local government body may decide on the integrated development of a territory if at least 50% of its total area consists of areas on which buildings recognized as unsafe and subject to demolition are located.
To recognize a property as unsafe and subject to demolition, an examination of its actual condition is carried out, which is ensured by the local administration by concluding a municipal contract with a specialized organization.
After the inspection, a specialized organization gives an opinion on the condition of a particular object. Next, the local administration creates an interdepartmental commission, and the owner of the property or its other legal holder is included in its composition, although only with the right of an advisory vote.
Having examined the report of a specialized organization on the condition of the property, the interdepartmental commission makes a decision on the presence or absence of grounds for recognizing the property as unsafe and subject to demolition.
If real estate is recognized as emergency, the authorized local government body within 5 days notifies the owners and legal holders of the real estate, as well as the interdepartmental commission, about the decision.
The decision to recognize a real estate object as unsafe, as well as to demolish it, can be appealed in court, and until the court decision enters into legal force, the object is not demolished.
The Government Decree contains four grounds for recognizing an object as unsafe. Such grounds are:
- physical deterioration to an unacceptable level of building reliability, strength and stability of building structures and foundations;
- receiving damage as a result of explosions, accidents, fires, earthquakes, geological processes, if restoration work is impossible or impractical;
- location of the object in dangerous zones of landslides, mudflows, avalanches, as well as in flooded areas, if it is impossible to prevent the destruction of the object;
- the location of the object in the zone of probable destruction in the event of man-made accidents, such a zone means the territory in which the objects are located and which are at risk of destruction due to a man-made accident.
Now I would like to mention the difficulties that may arise in the practice of applying the Decree of the Government of the Russian Federation.
Firstly, a specialized organization that has a contractual relationship with the administration will make conclusions that the administration needs, otherwise the contract may be terminated.
In practice, a situation is also possible when a specialized organization does not even visit the object being inspected, but draws up a report, or recognizes that the building is clearly not dilapidated as such.
For example, in Solnechnogorsk, Moscow region, a dormitory built in 1978 became part of the development of the built-up area.
Secondly, the grounds for recognizing an object as emergency include, for example, damage as a result of a fire. Such situations are possible: there is a privately owned store on a land plot, the land plot is very attractive for its development, suddenly the store burns down, and the site can already be included in the development of the territory and built up.
A big question arises: why should avalanche, mudflow and landslide zones be included in the development of a built-up area? For example, there are many such sites in the mountains, including in resort centers. Moreover, it does not matter at all whether an avalanche has already occurred or not, whether a building (private house) has already been destroyed or not, the formal location of the property in this zone is sufficient.
Let's hope that in practice the interests of owners and rights holders will still be taken into account and the property right to one's land plot will not be violated.
10.06.2017
Letter No. D23i-1663 dated April 16, 2015 on the issues of removing a building from the state cadastral register based on the owner’s decision to destroy property (demolition, dismantling), preparing an inspection report confirming the cessation of existence of the property
The Real Estate Department of the Russian Ministry of Economic Development has considered the appeal within its competence.
In accordance with the Regulations on the Ministry of Economic Development of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 5, 2008 No. 437, the Ministry of Economic Development of Russia is not vested with the authority to explain the legislation of the Russian Federation, as well as the practice of its application.
At the same time, we believe it is possible to note the following regarding the issues raised in the address.
The demolition and dismantling of buildings is considered by urban planning legislation as a type of construction activity.
At the same time, the procedure for demolition and dismantling of capital construction projects is regulated by the legislation of the constituent entities of the Russian Federation. In this regard, it should be noted that by decree of the Russian State Committee for Construction and Construction of November 5, 1997 No.
No. 18-65 approved the Model Regulations on the body of architecture and urban planning of the executive branch of the constituent entity of the Russian Federation, according to which the body of architecture and urban planning of the executive branch of the constituent entity of the Russian Federation prepares the initial and permitting documentation for the demolition (dismantling) of buildings, structures and green spaces (clause 3).
Article 235 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) defines the grounds for termination of property rights, the subjects of which can be individuals and organizations, regardless of their form of ownership (legal entities), as well as the Russian Federation, constituent entities of the Russian Federation and municipalities, represented by their authorized bodies.
Taking into account the above, as well as the provisions of Article 209 of the Civil Code of the Russian Federation, ownership may be terminated on the basis of a decision of the owner (owners, in the case of common ownership) to destroy property, which, in relation to capital construction projects, is the demolition or dismantling of such an object.
It should be noted that death or destruction in accordance with civil law is understood as the irreversible physical cessation of the existence of a thing in its original form, which makes it impossible to satisfy the initial needs of the owner. Moreover, the cessation of the existence of a thing upon its death or destruction must be truly irreversible.
For example, if as a result of a fire, landslide, flood or other natural disaster, buildings were partially destroyed, then in this case there will be a change in the properties of the property, and not its destruction or destruction.
The further fate of the property will depend on the owner of the damaged property, who may decide to restore the property, demolish it, and terminate ownership of it.
It must be taken into account that the demolition of capital construction projects involves the dismantling of building structures, their removal and subsequent disposal, excavation work, improvement of the land plot, in addition, the dismantling work must comply with the safety requirements for carrying out such work in relation to life and health of individuals, property of third parties located near the dismantled facility, which may be damaged during such work, environmental safety.
In this regard, the demolition of a facility is carried out, as a rule, with the involvement of specialized organizations with the conclusion of relevant agreements (agreements with engineering services on disconnecting the buildings being demolished from utility networks, contract agreements for the demolition, movement, processing and disposal of demolition waste) and the signing of acts of completed work on contracts confirming their execution.
In addition, the Regulations on the composition of sections of project documentation and requirements for their content, approved by Decree of the Government of the Russian Federation of February 16, 2008
No. 87 (hereinafter referred to as the Regulations), the demolition (dismantling) of an object or part of a capital construction object is considered as a separate stage of construction (clauses 1, 8, 10 of the Regulations), in relation to which the “Project for organizing work on the demolition or dismantling of capital construction objects” is carried out, the composition and requirements for which are provided for in paragraph 24 of the Regulations.
- A comprehensive analysis of the legislation of the constituent entities of the Russian Federation allows us to conclude that the basis for the demolition (dismantling) of a capital construction object is the order of the local government body on the demolition of such an object, which, among other things, determines the procedure and timing for the demolition of such an object.
- The list of documents required for approval by a local government body of a decision on the demolition (dismantling) of a capital construction project is determined in accordance with the legislation of the constituent entity of the Russian Federation, in particular, such documents include: the owner’s decision on the demolition (dismantling) of a capital construction project, a project for organizing demolition work or dismantling of such a facility, copies of contract agreements for demolition (dismantling) work, as well as waste disposal.
- Taking into account the above, unauthorized demolition of capital construction projects is not permitted.
According to Part 1 of Article 42 of the Federal Law of July 24, 2007
No. 221-FZ “On the State Real Estate Cadastre” (hereinafter referred to as the Cadastre Law), the survey act is a document in which the cadastral engineer, as a result of an inspection of the location of a building, structure, premises or an unfinished construction site, taking into account the available cadastral information about such real estate confirms the termination of the existence of a building, structure or an object of unfinished construction in connection with the death or destruction of such a real estate object, or the termination of the existence of a premises in connection with the death or destruction of the building or structure in which it was located, the death or destruction of a part of the building or structure within which such a room was located.
It is necessary to note that the actual demolition (dismantling) of a real estate property precedes cadastral work in order to confirm the cessation of the existence of such real estate.
In accordance with paragraph 3 of the Requirements for the preparation of an inspection report, approved by order of the Ministry of Economic Development of Russia dated December 13, 2010.
No. 627 (hereinafter referred to as the Requirements), the inspection report is prepared on the basis of information obtained as a result of an inspection of the location of the property, taking into account information from the state real estate cadastre, as well as other documents confirming the termination of the existence of the property. These documents are included in the annex to the inspection report.
According to paragraph 9 of the Requirements, in the line “List of documents used in preparing the Survey Report,” information about the name and details of the documents included in the annex to the survey report is entered. The specified list of documents is open, however, such documents must include information that allows you to identify the property.
Thus, when preparing the survey report, the cadastral engineer uses documents confirming the termination of the existence of the property, which may include, for example, a copy of the local government order to demolish the building, a copy of the closed order for demolition work, copies of acceptance certificates for work performed under contracts contract for demolition, movement, processing and disposal of demolition waste, etc.
In accordance with Part 6 of Article 20 of the Cadastre Law, the owners of such real estate, as well as the owners of the land plots on which such real estate was located, have the right to apply for removal from the state cadastral registration of buildings.
According to Part 2 of Article 16 of the Cadastre Law, removal from the state cadastral registration of a real estate property is carried out, unless otherwise established by the Cadastre Law, on the basis of an application for removal from the state cadastral registration of a real estate property and the documents necessary in accordance with the Cadastre Law to carry out such registration. In accordance with paragraphs 4, 6 of part 1 of Article 22 of the Cadastre Law, the document necessary for deletion from the state cadastral register confirming the termination of the existence of a real estate property is an inspection report accompanied by a copy of the document establishing or certifying the applicant’s right to the relevant property (in the absence of information about the applicant’s registered right to such real estate in the state real estate cadastre).
At the same time, the legislation of the Russian Federation does not establish a procedure for removing from the state cadastral registration of objects that do not meet the requirements established by Article 130 of the Civil Code of the Russian Federation, i.e. that are not real estate objects, but are recorded as such.
It should also be noted that Article 8.18 of Moscow City Law No. 45 of November 21, 2007 “Moscow City Code on Administrative Offenses” provides for administrative liability for unauthorized demolition of buildings located on the territory of the city of Moscow.
How to recognize a building as unsafe
Decree of the Government of the Russian Federation dated May 17, 2023 No. 577 approved the Regulations on the recognition of capital construction projects, with the exception of apartment buildings, as unsafe and subject to demolition in order to make a decision on the integrated development of the territory at the initiative of a local government body.
It includes objects with defects and damage that were identified as a result of a preliminary (visual) inspection. To assess the actual condition of objects, a specialized organization is involved. A municipal contract is concluded with her.
Recognition of the building as unsafe
- change in microclimate - in apartments, SES and hygiene standards are violated without the possibility of restoration
- physical wear and tear – foundations and supporting structures have lost stability, strength, and reliability during operation
- man-made disasters – the impossibility of recovery after a fire, flood, or other disasters
A non-residential building is recognized as unsafe according to a similar scheme: a commission is created, departmental SNiPs and special standards are used. Only organizations that are members of the SRO of surveyors and designers can engage in activities related to the recognition of residential and non-residential buildings. At the same time, the form of ownership of companies is not taken into account. The commission (housing stock) includes authorized representatives of the following bodies:
How to recognize a house as unsafe
The difference between declaring a house dilapidated or in disrepair and being subject to reconstruction is that the latter is declared to be a building that is an architectural monument.
The procedure for recognizing a house as unsafe is similar to drawing up and submitting documents for reconstruction.
If a house is recognized as subject to reconstruction, when it is on the list of architectural monuments, it can under no circumstances be demolished in accordance with the law.
Therefore, before recognizing a house as unsafe or dilapidated, you must first find out whether it is a monument of architectural heritage. MKD may be included in the list of architectural monuments of federal, regional or local significance.
To find out how to find out, you need to contact the department of the administration or municipality that deals with historical monuments.
Also, similar information and whether the house is recognized as unsafe can be found on the Housing and Communal Services Reform portal, where there is data on all houses in the country.
Recognition of the building as unsafe
In some cases, it is not possible to eliminate the hazard by making changes to the design solution and reducing the harmful effects of a chemical or other enterprise. The same high-risk objects are buildings located in natural disaster zones and houses built near high-voltage lines. All of them are naturally recognized as emergency.
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Recognition of a building as unsafe is mandatory if defects, violations and deficiencies are identified that pose a threat to the life, health and safety of the people in it. If there are prerequisites and signs of a sudden collapse of building structures, then the resettlement and (or) evacuation of citizens should be immediately organized.
Private house projects
When sections of a wall or pillar deviate from the vertical with its separation from adjacent wall elements, caused by uneven settlement of foundations, in the case where stabilization of the settlement has not occurred, there is a danger of collapse of the breakaway elements of masonry. This is an emergency condition of the masonry.
Signs of an emergency condition of a soil foundation An emergency condition of a soil foundation is a condition when the structures of a building or structure resting on this foundation are in emergency condition due to unsatisfactory performance of the foundation.
Who and how determines the unsafe houses to be demolished? The procedure for recognizing a house as unsafe
As for the specifics of resettlement, they are all provided for in the legislation. For example, a tenant cannot get an apartment or house that will have fewer rooms than the old building had. This takes into account the living space. That is, it cannot be reduced, even if the technical rooms (bathroom, kitchen) are significantly larger than the previous ones.
- Natural: landslides, exposure to wind and rain without repair, tornado, geological shift.
- Artificial. In this case, human actions are already noticeable: damage to the foundation of the structure due to the construction of buildings not provided for in the design; lack of repair work and failure to comply with basic home care rules. Damage to the structure by rodents, insects (wooden). Incorrect architecture can lead to an emergency condition of the structure (incorrect calculations were made, weak material was used for construction, the foundation was built on unstabilized soil).
Recognition of a house as unsafe
To achieve recognition of a house as unsafe and to obtain new housing, it is necessary to study the signs of unsafe housing. The main indicator for declaring a house unsafe is not the percentage of wear and tear, but the general condition of the house, the safety of its supporting structures and the microclimate of the house.
- deterioration due to physical wear and tear during the use of the building as a whole or its individual parts of operational parameters, entailing a reduction to an unacceptable degree of reliability of the building, strength and stability of building structures and foundations;
- changes in the environment and microclimate parameters of residential real estate, which is an obstacle to ensuring compliance with mandatory sanitary and epidemiological requirements and hygienic standards regarding the presence of chemical and biological substances potentially hazardous to humans, atmospheric air quality, background radiation levels and physical factors, the presence of sources of noise, vibration, electromagnetic fields.
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Decree of the Government of the Russian Federation dated May 17, 2023 No. 577 approved the Regulations on the recognition of capital construction projects, with the exception of apartment buildings, as unsafe and subject to demolition in order to make a decision on the integrated development of the territory at the initiative of a local government body.
It includes objects with defects and damage that were identified as a result of a preliminary (visual) inspection. To assess the actual condition of objects, a specialized organization is involved. A municipal contract is concluded with her.
At the same time, the emergency condition of the load-bearing structures of the building is the state of the load-bearing structures of the building, in which the structures or part of them, due to natural wear and tear and external influences, have excessive deformations and damage, have lost their design strength and, without strengthening measures taken, can cause an emergency condition of the residential premises or the entire residential premises buildings and pose a danger to residents.
Dilapidated condition of a building is a condition in which the structure of the building and the building as a whole has wear and tear: for stone houses - over 70%, wooden houses with walls made of local materials, as well as attics - over 65%, the main load-bearing structures retain strength sufficient to ensure stability of the building, but the building no longer meets the specified operational requirements.
How to recognize a house as unsafe
- 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.
- 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.
How to recognize a non-residential building as unsafe
No. 47 does not contain any mention of dilapidated housing.
At the same time, this concept is widely used both in the names of various federal and local programs “for the regeneration of areas of dilapidated and dilapidated housing”, the resettlement of citizens from dilapidated and dilapidated housing, and is mentioned in judicial acts. Dilapidated housing. Today, the definition of the concept of “dilapidated condition of a building” is contained in the Methodological Manual for the Maintenance and Repair of Housing Stock MKD 2-04.
How to recognize a non-residential building as unsafe and subject to demolition
The grounds for declaring a residential premises unsuitable for habitation due to the breakdown of the house, in accordance with the Decree of the Government of the Russian Federation of January 28, 2006.
No. 47 are: - Residential premises located in prefabricated, brick and stone houses, as well as in wooden houses and houses made of local materials, with deformations of foundations, walls, load-bearing structures and a significant degree of biological damage to elements of wooden structures, which indicate exhaustion bearing capacity and danger of collapse, are unsuitable for living due to the recognition of the apartment building as unsafe and subject to demolition or reconstruction.
- The owner of the apartment or - even better - a meeting of residents draws up an application to the administration to recognize the house as unsafe. Supporting documents must be submitted along with the application.
- An interdepartmental commission is assembled, which decides to accept the application and request the necessary additional documentation.
- After accepting the papers, a commission consisting of authorized experts from the urban planning department of the administration, sanitary and epidemiological inspection, fire service, housing department specialists and other organizations inspects the house.
- After the examination, the commission draws up a report in triplicate. One remains with the commission, the second is transferred to the administration, and the third is given to the residents of the house, who decide the future of the house at a general meeting.
- The response is sent to the administration within 5 days, and it must resolve the issue of resettling the residents and demolishing the house within a reasonable time.
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.
Where is the personal account on the receipt?
Clauses 7, 8, 44 - 47 of 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, approved by the Decree of the Government of the Russian Federation dated 28.01.
2006 N 47 (hereinafter referred to as the Regulations), issues of declaring residential premises unsuitable for residence of citizens of both municipal and private housing stock are also within the competence of local governments, which create for these purposes an interdepartmental commission to assess residential premises.
The procedure for recognizing a premises as unsafe
Recognition of a house as unsafe
The process of recognizing any building or premises as unsafe and subject to demolition is a rather labor-intensive decision that requires a careful technical examination, compliance with the procedure and documentary confirmation of the results of such an examination.
This is necessary to ensure the safety of people both in the residential and industrial segments.
The demolition of worn-out buildings is intended to renew the city's architecture, stimulate the development of construction in various industries, and organize better working and living conditions.
A house is recognized as unsafe according to the procedure established in the Housing Code, as well as in the Regulations adopted in 2006.
The procedure for recognizing a premises as unsafe
Most often, the question of the condition of the house is raised by its residents. As a rule, before declaring a building unsafe, engineers consider the possibility of reconstructing its individual parts. For example, this could be restoring the roof, strengthening walls and much more.
In this case, recognizing the house as unsafe is simply impossible, and resubmitting an application for consideration is possible only after the repaired structure has worn out.
That is why you can often see that worn-out, obsolete and simply dangerous buildings are endlessly repaired, maintaining a residential condition in order to save on demolition and provide residents with new apartments.
To achieve recognition of a house as subject to demolition, you must first prepare an application from the residents. An examination of a house in disrepair is carried out both by independent companies and by representatives of the city administration, housing department, fire service and sanitary epidemiological inspection. Next, the issue is considered by various authorities and discussed together with city authorities.
The solution may vary:
- The house is recognized as unsafe, but subject to major repairs.
- The building can be reconstructed to meet modern technical standards.
- The recognition of the premises as unsafe can also be announced in the form of a decision on the unsuitability of living in the building. In this case, the residents leave their apartments - the municipal authorities are obliged to provide them with housing, and the house is removed from the housing stock.
It should be taken into account that when a commission for demolition of a house is initiated by the municipal authorities, residents will no longer be able to influence the review of the decision. It is only important to monitor the provision of equivalent housing.
Signs of a building being in disrepair
An examination of a dilapidated building will help to recognize a building as unfit for use, which will establish the presence of the signs specified in the Housing Code. Among them:
- Deterioration of the entire house or its individual structures, which cannot be restored or repaired separately from the main volume of the building.
- Deformations of the foundation and supporting structures.
- If changes in environmental conditions put the house and its occupants in danger, the building must also be demolished. A similar category includes structures in a zone of high risk of a natural disaster, when there is no way to either warn or protect the people living or working in the building. If we talk about residential buildings, a decision may be made that they are unfit for habitation and transferred to non-residential use. This usually happens when the sanitary and epidemiological situation worsens regarding chemical and biological factors.
- Part of the house was damaged due to natural disasters, man-made disasters, fire or for some other reason.
- The house does not meet modern standards, there are no utilities, there is no elevator if there are more than five floors, the building is partially used, etc.
An examination will help to more accurately determine whether it is really necessary to recognize housing as unsafe. Depending on the conditions and factors of the building’s unsuitability for use, a decision may be made to demolish it or carry out reconstruction.
Municipal commissions often issue a verdict - housing is dilapidated. But the Law does not prescribe a definition of such a concept. It is not a basis for recognizing a house as unsafe or necessarily subject to demolition. The dilapidation of a building is determined by the degree of its wear and tear:
- 70% - for stone structures;
- 65% - for wooden houses or buildings made from local building materials;
- when deformation is observed at or below acceptable standards under existing operating conditions.
As a rule, declaring a house subject to demolition or unfit for habitation is possible if, with such a degree of wear and tear, there is a danger of collapse, which is dangerous to human life. If there is no such danger, then usually the dilapidated building must be reconstructed.
The AEGRO company offers its services in the technical inspection of residential buildings and industrial facilities in any region of Russia. We provide objective data for recognizing a house as unsafe or suitable for habitation.
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