Advantages of dilapidated housing over disrepair: concept and signs, difference, how it differs

When they talk about emergency and dilapidated residential real estate, then at the everyday level it is implied that the housing is unsuitable for a comfortable life. But it should be understood that there is a significant difference between such concepts. Dilapidated housing differs from a dilapidated building in that the buildings have a lot of wear and tear, their living conditions are deteriorating, but safety for residents is maintained.

Features of dilapidated residential buildings

To understand which houses are classified as dilapidated, you need to refer to the methodological manual MKD 2-04.2004, which describes the requirements for housing maintenance. The document states that the wear and tear of a dilapidated home is:

• For stone buildings - more than 70%.
• For wooden houses - more than 65%.

The concept of “dilapidated residential premises” is not used in current legislation. That is why citizens living in houses with a lot of wear and tear have problems due to the fact that housing that does not meet operational requirements, but maintains the safety of living, is not subject to demolition. For this reason, it is not included in current regional resettlement programs.

That is, the difference between a residential dilapidated building and a dilapidated house is that, while living comfort conditions decrease, the main elements that influence the stability of the building remain in satisfactory condition.

For people living in dilapidated houses, the main problems are related to the fact that major repairs and reconstruction in buildings with more than 70% wear and tear are not provided for from budget funds.

The owner of premises in a dilapidated house cannot expect relocation.

Actions to qualify for resettlement

Understanding the difference between dilapidated and emergency housing, you can take measures to recognize the building as emergency.

If the conditions for safe living are not met, residents must write a statement declaring the house unsafe and send it to the district administration.

Additionally, the following documents must be submitted:

• Complaints about the unsuitability of housing from the owners of any apartments.
• Technical data sheets and layouts of residential premises.
• Documents certifying the right to residential premises from each owner, certified by a notary.

The procedure itself is regulated by a special government decree. Recognition for resettlement or demolition is carried out by a special interdepartmental commission. It is created no later than a month after the application is received by the civil service.

It may include a representative from people living in a building that is in a dilapidated condition, but he will only have an advisory vote. If the commission made a decision that is unsatisfactory to the residents, an independent construction and technical examination must be ordered.

It will allow you to challenge in court the decision of the interdepartmental commission on the demolition of emergency and dilapidated housing.

The commission will consider the following main criteria:

• The condition of load-bearing and enclosing structures, namely the presence of all kinds of destruction and damage in them;
• Slopes and strength of staircases;
• Condition of engineering systems and compliance of conditions with sanitary and epidemiological requirements;
• The condition of the external walls, in terms of providing them with adequate thermal insulation;
• Protection of housing from the penetration of external negative natural influences;
• Availability of an elevator in buildings with a height of more than 5 floors.

Features of emergency houses

In order for a residential building to be recognized as unsafe, it is necessary to confirm the danger to residents by the following indicators:

• Deformation or damage to any structural element of the building (load-bearing wall, balcony, ceiling), which leads to a decrease in the strength and reliability of the structure.
• Destruction of the foundation of a house or supporting structures due to long-term use.
• Biological damage to wooden structures that impairs the load-bearing capacity of the structure.
• The presence of damage that cannot be repaired by modern construction methods, caused by natural disasters or soil subsidence.
• The presence of serious damage caused by any man-made accident or fire, which led to the fact that restoration work is impossible or economically unjustified.
• The house is located in a dangerous area, with an increased likelihood of avalanches or flooding.

A decision on whether a house is unsafe is made within a month. The interdepartmental commission issues a conclusion, which may contain the following information:

• On the compliance of housing with operational requirements.
• About the need for major repairs or work aimed at redevelopment.
• About the impossibility of living in the building.

Residents' rights

The Fund for Assistance to the Reform of Housing and Communal Services, created to provide comfortable and safe living conditions for citizens of the housing sector, provides mechanisms for the resettlement of residents of dilapidated buildings. The program is implemented by the highest regional executive body, and the necessary funds are allocated to local budgets in accordance with the law.

It is very important to know what problems residents can expect when moving out. According to current legislation, during resettlement, residents must be provided with appropriate housing in terms of amenities and square footage. Citizens applying for an increase in space are provided with an apartment taking into account the missing meters.

The provided property must have a kitchen stove and plumbing fixtures installed. Also a prerequisite is connection to all necessary engineering systems and communications:

• heating,
• Sewerage,
• Water supply,
• Electricity supply.

You should know that when moving into an emergency home:

• Residents are offered three options, but their individual wishes are not taken into account. Relocation to communal apartments is not carried out.
• New residential premises are provided in the area where the emergency building is located. Moving to another area is possible only with the consent of the residents.
• Owners of emergency apartments cannot enter into exchange agreements. It is also impossible to sell the apartment. Any such transaction is illegal.
• Local authorities allocate moving costs, but the necessary transport is allocated only once.
• If a citizen does not have a document certifying ownership, and he lives under a municipal rental agreement, then new housing is provided to him on the same terms.

All issues related to resettlement must be agreed in writing with the residents by government authorities. If any of the owners decides to receive compensation, then the redemption value of the housing recognized as unsafe is calculated.

What is the difference between dilapidated housing and emergency housing? Link to main publication

The emergency condition of the house: signs, who recognizes it, what documents are needed and what to do

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There are still many apartment buildings in Russia, the condition of which leaves much to be desired. But there are buildings so worn out that it is unsafe to stay in them.

To determine whether you live in such a premises, a special examination is needed.

If she confirms the emergency condition of the house, residents may qualify for equivalent premises or monetary compensation.

Which house is classified as “emergency”?

It is advisable to understand in detail which objects are subject to demolition and which are subject to reconstruction. In most cases, houses that are no longer feasible to repair are considered unsafe. This may be due to technical or economic nuances when it is unprofitable or impossible to carry out restoration work.

Emergency buildings are characterized by poor load-bearing capacity and low performance indicators. This poses a threat to the safety of people and the safety of engineering equipment.

Standard signs of a residential building being in disrepair:

• settlement of the middle part of the structure as a result of soil soaking due to faulty underground communications and drainpipes;
• settlement of the outer part of the house due to an open pit/trenches nearby, construction of a new building nearby;
• settlement of both extreme parts of the object - the presence of a large boulder, an old foundation, a well under the middle of the house;
• bulging and curvature of walls in vertical and horizontal planes.

When a house is considered unsafe, it is strictly prohibited to stay in it.

Criteria for recognizing housing as unfit for habitation

Residential premises fall into disrepair gradually or relatively quickly due to natural disasters. The following grounds are provided for recognizing an apartment building as an emergency:

1. Deterioration in the operational characteristics of the building as a whole or its individual parts due to the physical wear and tear of the house. This reduces the level of reliability, strength and stability of the building structure.
2. The location of the house in dangerous zones of landslides, mudflows, in annually flooded areas where it is impossible to eliminate flooding using engineering solutions.
3. The presence of damage to the building due to explosions, fires, natural disasters, if restoration work is technically impossible or economically unprofitable.
4. Deformation of the facility’s foundation, walls, load-bearing structures, which increases the risk of collapse.
5. The location of the MKD in the zone of probable destruction during man-made accidents.

The combination of several criteria implies the immediate recognition of an apartment building as unsafe and subject to demolition.

Differences between dilapidated and emergency housing

Emergency apartments are unsuitable for habitation and are almost always demolished. They are located in prefabricated stone, brick, and wooden houses with serious deformations of the foundations and walls. These signs indicate that the building has exhausted its load-bearing capacity. The main reason for deciding to demolish the premises is the high risk of structural collapse.

The main difference between dilapidated housing and emergency housing is the relative safety of living. The house is in poor condition, but not critical.

Residents of emergency premises must be resettled, which cannot be said about the owners and tenants of apartments in a dilapidated building.

Another indicator of how dilapidated housing differs from emergency housing is the percentage of wear and tear. It is determined by an expert commission. To recognize a premises as dilapidated, it must exceed 70%, but to recognize it as unsafe, this is not enough. It must also pose a danger to residents.

In many regions of the Russian Federation, major repairs in dilapidated houses are not provided for with public funds. As a result, residents of worn-out apartment buildings find themselves at a disadvantage: living conditions do not meet standards, but they can live in the building.

The definition of “dilapidated” is not fixed at the legislative level. You can find more information in supporting documents, for example in the “Methodological manual for the maintenance and repair of housing stock MDK 2-04.2004”.

Who decides whether a house is in disrepair?

The difference between dilapidated housing and emergency housing

The legislation of the Russian Federation does not officially define the concept of dilapidated housing. Because of this, people live for years in dilapidated apartment buildings in terrible conditions and do not have the opportunity to get a new apartment with more humane living conditions.

The phrase “dilapidated housing” is often used in various legislative acts and government housing programs, but there are no laws regarding such housing and the resettlement of citizens.

Therefore, in practice, people have to independently figure out the difference between dilapidated housing and emergency housing and look for legal ways to solve the housing problem.

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Why do you need to know the difference between dilapidated and emergency housing?

The need to determine what dilapidated housing is in practice often arises along with the need to improve living conditions and move from an apartment with unsuitable living conditions to other housing.

The fact is that the laws of Russia provide for the demolition and resettlement of residents only from a house recognized as unsafe.

Dilapidated housing is officially recognized as unfit for living, but the law does not provide for resettlement from it to new apartments, so residents continue to live in unsuitable conditions for many years, without any opportunity to improve them legally.

In the best case, dilapidated housing will be allocated funds from the city budget for major repairs or restoration. To achieve the demolition of such a worn-out house, it is necessary to recognize it as unsafe. In these cases, the fundamental differences and the difference between dilapidated and dilapidated housing begin to “pop up”, because of which it is impossible to demolish the house.

What is dilapidated housing

In common parlance, dilapidated housing refers to houses built in the 1960s and 1970s, worn out and not seen major repairs for a long time, with disabled networks for servicing utilities, the activity of which is supported only by constant local repair work.

Such houses are usually sloping, bricks are falling, the roof is leaking, cracks appear on the walls, the heating does not work properly, the electricity is constantly cut off, the water is turned off, etc. And people are forced to live in these conditions, since the official technical assessment commission did not find criteria for recognizing a house as unsafe.

Such a house is not subject to demolition, since it is not yet collapsing and does not pose a threat to the lives of residents, and the discrepancy between the parameters of the foundation and load-bearing walls does not exceed the limits established by law.

Dilapidated, unsafe, unfit for habitation: what's the difference?

Dilapidated, emergency, unsuitable housing: is there a difference in these concepts? Who determines the condition of the house, and when can you qualify for relocation? We are looking for the answer together with Knowrealty.ru

What are you complaining about?

Is the roof leaking? Has the ceiling fallen? Is the basement flooded? Is the plaster cracked or the whole wall? It is a rare Russian mass-produced house that can boast of perfect health. And yet, not every problematic housing is emergency. The Housing Code offers several diagnoses for problem houses.  

Let's start with the fact that in legal documents there is no legal explanation for the concepts of “dilapidated” and “emergency”. The law of the Russian Federation recognizes the formulation “housing unfit for habitation”. This is what people call an emergency. According to the relevant Government Decree, housing is considered unsafe and subject to demolition or reconstruction if:

• — The building is beyond repair;
• — Living in the building is dangerous for people’s lives;
• — The condition of the premises does not allow compliance with SanPin standards;
• — The building is located in areas where sanitary and epidemiological safety indicators are exceeded in terms of physical factors (noise, vibration, electromagnetic and ionizing radiation), concentrations of chemical and biological substances in the atmospheric air and soil;
• — The building is located in an emergency zone.
• At the same time, there is no reason for resettlement if a one- or two-story house does not have a sewer system, and a house with more than 5 floors has an elevator and a garbage chute. 
• What about "decrepit"?

The definition of “dilapidated” can be considered colloquial, since it is most often found in training manuals. For example, in the “Methodological manual for the maintenance and repair of housing stock. MDK 2-04.2004".

According to this manual, the dilapidated state 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 the stability of the building, but the building no longer meets the specified operational requirements.

The dilapidated house of Müller-Stahl in the town of Sovetsk, Kaliningrad region. Boev M.V. / Wikipedea (CC BY-SA 3.0)

1. In other words, a dilapidated building is something that is still standing, but a dilapidated building is about to collapse.
2. There is another document regulating the problem of dilapidated housing - “Criteria and conditions from the State Construction Committee of Russia”. According to them, unsuitable for habitation include:
3. a) residential buildings in disrepair;
4. b) dilapidated residential buildings;
5. c) residential buildings located within sanitary protection, fire and explosion hazardous zones of industrial enterprises, transport, utility networks and other areas with special conditions prohibited for development;
6. d) residential buildings located in hazardous areas of rock dumps of coal, shale mines and processing plants; in areas of landslides, mudflows and snow avalanches; in areas annually inundated by flood waters;
7. e) residential buildings located in places of environmental distress (if disturbances in the natural balance of the area or territory are detected or deterioration of geological, morphological, physical and other soil indicators);
8. f) residential buildings in which it is impossible to provide residents with public services that meet the quality requirements of regulations and standards, sanitary rules and regulations and the terms of the contract, and organize the technical operation of the residential building.
9. Who determines?

Only a special interdepartmental commission can recognize a house as suitable or unsuitable for habitation. But it all starts with the residents.

If you think that the living conditions are unsuitable, write a statement to the administration. After this, a commission is organized that carries out an examination and studies the condition of the entire house, and not just your apartment.

Keep in mind, the process is long and can take from a month to several years.

Experienced people claim that the authorities are extremely reluctant to declare a house unsafe, since after this they are obliged to resettle the residents into new apartments. And not just resettlement, but with living conditions better than before. Therefore, most often the matter ends with the repair of the problem area: the roof, walls or basement and a certificate that the house can be lived in.

Residents also have the right to conduct an independent examination. At your own expense, of course. The price for such services in Moscow is from 30 thousand rubles. An independent examination will be useful if residents decide to challenge the decision of the interdepartmental commission in court.

Maria Solovyova

Emergency and dilapidated housing: what is the difference?

Emergency and dilapidated housing are different concepts. The fundamental difference is that residential premises classified as emergency are subject to mandatory resettlement , while apartments in dilapidated housing stock are not. An interdepartmental commission decides which category housing should be classified into.

Emergency housing stock

Residential premises located in prefabricated, stone, brick, wooden houses, as well as houses built from local materials that have serious deformations of load-bearing structures, foundations, walls, as well as a significant percentage of biological damage are recognized as unsuitable for habitation, unsafe and subject to demolition. wooden structures, which indicates the exhaustion of their load-bearing capacity and potential danger to people due to the collapse of the building. The decisive factor in recognizing a building as unsafe will not be the overall percentage of wear and tear of the building’s load-bearing structures, but the collapse-threatening condition of the load-bearing walls, foundation, and main floors.

Only district or city interdepartmental commissions can make a decision on whether a house is unsafe or unsafe.

It should be noted that the law also protects homeowners: the local government must recognize not only municipal housing, but also privatized housing as unsafe, that is, unsuitable for habitation.

After inspecting the building, the commission can recognize only some apartments in the building as unsafe, but classify the rest as housing stock. Residents of emergency premises are subject to mandatory resettlement, but residents of dilapidated premises are not. Is it worth saying that it is more profitable to recognize emergency housing as dilapidated ?

Dilapidated housing

What is “dilapidated housing”? Its main difference from an emergency one is the relative safety for living.

More often than not, it is the residents of dilapidated housing who experience the greatest difficulties. Housing can be classified as a dilapidated property if its wear and tear is more than 65-70%.

In addition, in many regions of Russia, major repairs in houses with more than 70% wear and tear are not provided for at the expense of budgetary funds. It turns out that residents of dilapidated buildings can live in them for decades: the authorities admit that living conditions are inadequate, but the building does not pose an immediate threat to people’s lives. No one will resettle or repair such houses.

If you think that your home meets all the signs of disrepair, it is dangerous for living, and officials do not want to recognize it as such, conduct an independent examination of the technical condition of the house and apply this document to the court.

Get a worthy replacement

Let's try to figure out how to act correctly in such a situation in order to get a worthy replacement for your existing home. Let's consider two scenarios. First - you think that your house is unfit for habitation, but the building is not included in the Program for the Resettlement of Dilapidated and Emergency Housing .

In this case, you need to write an application to the district administration.

  The procedure for recognizing a residential building as unsafe is regulated by Decree of the Government of the Russian Federation of January 28, 2006 No. 47 “On approval of the provisions on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction,” and recognition is carried out by a special interdepartmental commission.

The owner of the premises can also become a member of the commission, but only with the right of an advisory vote. The commission will make the final decision on declaring the house unfit for habitation.

It will be your main evidence in court.

The second option is that your house has already been recognized as dilapidated or in disrepair and is included in the Resettlement Program . In this case, you will be provided with new housing in accordance with the law. You will receive the same number of square meters as you previously had.

In some cases, housing is provided according to the provision standards, that is, 15 square meters per person. To get the “norm”, you need to prove that you belong to the group of needy and low-income citizens.

The possibility of obtaining housing according to the provision standards is determined by the court.

If you were a tenant under a social tenancy agreement, then you will be provided with new housing under a social tenancy agreement. If you were the owner of the premises, then in addition to providing housing, the option of purchasing is also possible.

If your apartment is being purchased, the amount of monetary compensation should allow you to purchase similar housing, which, of course, is not in a state of disrepair. In the case of material compensation, the redemption price is often underestimated.

This is due to the fact that the buyer (in our case, the city authorities) uses a comparative approach to assess the value of premises, in which the market value is determined by comparing the prices of similar residential premises in disrepair. You have the right to challenge this determination of value in court.

By ordering a housing assessment from an independent appraiser, you will receive the real value of your apartment. Practice shows that in most cases the court sides with the plaintiff.

In addition to the market value of the lost apartment or room, the redemption price must include all losses incurred by you as a result of the forced move.

If you are forced to rent an apartment before purchasing a new home, you also have the right to demand compensation for rent. The costs of registering ownership of a new home and paying for real estate services are also reimbursed.

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Emergency housing and dilapidated housing - what's the difference?

What kind of housing can be considered unsafe? In 2017, residential premises that have serious deformation of load-bearing structures, foundations or walls, as well as those with significant signs of biological damage to wooden structures, are recognized as unsafe (i.e., unsuitable for habitation).

The main goal of the program is the resettlement of residents from dilapidated houses that do not meet safety requirements. That is, if you think that your house is too old, worn out and poses a danger to residents, you can contact the local executive authorities with a corresponding application.

Dilapidated and emergency housing

But, despite the different characteristics and status in Russian legislation, the terms “dilapidated” and “emergency” housing “go hand in hand” when it comes to resettlement programs, the regional registry of houses, and so on. That is, in legal usage these concepts, as a rule, fall under the same rules.

• If experts recognize an apartment building as unsafe, then the authorities must demolish it and relocate the residents to safe apartments (although this does not always happen immediately after the examination; sometimes a significant time frame is required for the authorities to make an appropriate decision). ABOUT
• a) residential buildings in disrepair; b) dilapidated residential buildings; c) residential buildings located within sanitary protection, fire and explosion hazardous zones of industrial enterprises, transport, utility networks and other areas with special conditions prohibited for development; d) residential buildings located in hazardous areas of rock dumps of coal, shale mines and processing plants; in areas of landslides, mudflows and snow avalanches; in areas annually inundated by flood waters; e) residential buildings located in places of environmental distress (if disturbances in the natural balance of the area or territory are detected or deterioration of geological, morphological, physical and other soil indicators);
• f) residential buildings in which it is impossible to provide residents with public services that meet the quality requirements of regulations and standards, sanitary rules and regulations and the terms of the contract, and organize the technical operation of the residential building.

4. Dilapidated residential building - a residential building with physical wear and tear, in which its strength and deformation characteristics are equal to or lower than the maximum permissible characteristics established by regulatory documents for current loads and operating conditions.

What is the difference between dilapidated and emergency housing, and which formulation is preferable?

c) damage caused by earthquakes, subsidence, uneven precipitation, natural disasters, etc., if these damages cannot be eliminated while simultaneously constructively meeting the requirements of building codes and regulations for residential buildings for special conditions of construction and operation;

The concept of “dilapidated housing” is not defined in the legislation of the Russian Federation. Neither the Housing Code of the Russian Federation, nor 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 Decree of the Government of the Russian Federation of January 28, 2006 No. 47, contains such a concept as “dilapidated housing”.

What is the difference between dilapidated housing and emergency housing?

The procedure itself is regulated by a special government decree. Recognition for resettlement or demolition is carried out by a special interdepartmental commission. It is created no later than a month after the application is received by the civil service.

It may include a representative from people living in a building that is in a dilapidated condition, but he will only have an advisory vote. If the commission made a decision that is unsatisfactory to the residents, an independent construction and technical examination must be ordered.

It will allow you to challenge in court the decision of the interdepartmental commission on the demolition of emergency and dilapidated housing.

The Fund for Assistance to the Reform of Housing and Communal Services, created to provide comfortable and safe living conditions for citizens of the housing sector, provides mechanisms for the resettlement of residents of dilapidated buildings. The program is implemented by the highest regional executive body, and the necessary funds are allocated to local budgets in accordance with the law.

Dilapidated housing includes premises whose total wear and tear is at least 65% in wooden buildings and at least 70% in brick buildings. At the same time, the main supporting structures allow maintaining stability, but the building no longer meets the operational requirements.

1. In dilapidated housing, despite the existing wear and tear, you can still live, but in emergency housing there is a real threat of the building collapsing.
2. What is taken into account when recognizing a building as unsafe: - Wear and tear of the building, leading to a decrease in the level of reliability and strength of building structures.
3. — Changes in the environment, climate, in which it is impossible to ensure compliance with SanPin standards (landslides, accidents, explosions, fires, noise above the established norm, or the territory adjacent to alternating current lines is higher than the norm in frequency).

Program for relocation from dilapidated and emergency housing

Resettlement from dilapidated and dilapidated housing is a necessary measure aimed at improving the living conditions of citizens of the Russian Federation.

The state has developed a special targeted program, which provides for moving from a house that has fallen into disrepair, especially if it is in disrepair, to new apartments in an apartment building.

To take part in the reform, you need to know where to go to have housing recognized as unsafe and what documents will be required for this.

• objects located in a seismic hazard zone, if there is a threat of landslide or other similar disaster;
• a building that has been exposed to any natural disaster - flood and others;
• an object located in an environmentally unfavorable area;
• a building that is located near places with high noise levels - train stations, airports and others.

Algorithm for recognizing housing as unsafe and dilapidated

1. Over time, the structures partially or completely fell into disrepair.
2. Sanitary standards were violated due to changes in the microclimate of the building.
3. The walls are so deformed that they could collapse.
4. The building is located in a region with a dangerous level of epidemiological situation.
5. The integrity of the building is threatened by landslides and earthquakes.

6. The structure was damaged by an explosion, fire or other emergency.

There are many houses in our country that at first glance may seem unsafe to live in. In Moscow, active demolition of five-story buildings is underway, and in the provinces people are glad that they live in five-story “Khrushchev” buildings, and not two-story dilapidated barracks.

So is there an official concept of dilapidated housing?

Residents of emergency and dilapidated housing will be resettled

“The leader in the number of abandoned sites is the Sergiev Posad district,” Tatyana Vitusheva, head of the Main Directorate of the State Administrative and Technical Supervision of the Moscow Region, said on Monday.

— In urban and rural settlements of the district, 241 children’s playgrounds are listed as ownerless, of which 203 are in the urban settlement of Sergiev Posad. In second and third place are Ramensky and Lukhovitsky districts, where 33 sites have no hosts.

According to the State Technical Supervision Authority, in the Moscow region there are 7,951 children's playgrounds and sports grounds, 1,614 free-standing sports structures and small architectural forms.

“You can often hear from residents that if a house is considered unsafe, then it is subject to immediate demolition, and if it is only dilapidated, then one can live in it for many more years before it is time for resettlement. What is the difference between dilapidated and emergency housing?

Relocation from dilapidated and emergency housing

As we have already mentioned above, the right to resettlement is given to residents of buildings in disrepair, and in order to recognize a building as such, a decision of the relevant commission is required. The work of such a commission should be initiated by the residents themselves, submitting their complaints about the condition of the premises to local authorities.

After the commission makes an appropriate decision - that is, the house is recognized as unsafe and subject to demolition and resettlement, its residents receive the right to resettlement. The procedure and timing of resettlement in each case is determined in the text of the decision.

However, there are general rules that this solution must comply with:

If adequate measures had not been taken, today 70-80% of the country's population would live in houses unsuitable for this.

All this led to the fact that in 2010, the issue of resettlement from dilapidated and dilapidated housing was taken under control personally by the President of the Russian Federation, and the law on resettlement from dilapidated and dilapidated housing was extended until 2017. As a result, the efforts of the authorities in this area, although not immediately, bore fruit, and starting in 2010 the situation began to improve.

06 Aug 2018 consurist 96      

What kind of housing is considered unsafe?

Apartment buildings are recognized as emergency if restoration work in which is technically impossible or economically impractical and the technical condition of these houses and building structures is characterized by a decrease in load-bearing capacity and operational characteristics, in which there is a danger for the occupancy of people and the safety of engineering equipment.

One of the most important problems in the housing and communal services sector at present is the large scale of dilapidated and dilapidated housing stock. From the graph below you can see how this figure has changed over 10 years.

Apartment buildings are recognized as emergency if restoration work in which is technically impossible or economically impractical and the technical condition of these houses and building structures is characterized by a decrease in load-bearing capacity and operational characteristics, in which there is a danger for the occupancy of people and the safety of engineering equipment.

The concept of dilapidated housing is not contained in the legislation.

However, based on other regulations and established practice, the dilapidated condition of a building is considered to be a condition in which the building structure and the building as a whole have wear and tear: for stone houses - over 70%, wooden houses with walls made of local materials, as well as attics - over 65% , the main supporting structures retain strength sufficient to ensure the stability of the building, but the building no longer meets the specified operational requirements. Thus, the main difference between emergency and dilapidated housing is that the latter is characterized only by a high degree of wear and tear, while emergency housing poses a danger to the lives of residents.

The graph shows regions with the lowest and highest percentage of dilapidated and dilapidated housing. In the Moscow region this value is 1.4%. In Russia as a whole - 3.1%.

The grounds for recognizing a residential building as unsafe may be:

• deterioration in the operational characteristics of the building as a whole or its individual parts due to physical wear and tear during operation, leading to a decrease in the reliability of the building, the strength and stability of building structures and foundations to an unacceptable level;
• location of the house in dangerous zones of landslides, mudflows, snow avalanches, as well as in areas that are annually inundated by flood waters and in which it is impossible to prevent flooding using engineering and design solutions;
• the presence of damage to the house resulting from explosions, accidents, fires, earthquakes, uneven subsidence of soil, as well as as a result of other complex geological phenomena, if restoration work is technically impossible or economically infeasible and the technical condition of these houses and building structures is characterized by a decrease in load-bearing capacity and operational characteristics that pose a danger to the occupancy of people and the safety of engineering equipment;
• the presence of deformation of the foundation, walls, load-bearing structures and a significant degree of biological damage to the elements of wooden structures in prefabricated, brick and stone houses, as well as in wooden houses and houses made of local materials, which indicate the exhaustion of the load-bearing capacity and the danger of collapse;
• 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.

In order to classify a property as dilapidated, it is necessary to determine the degree of its wear and tear. However, the calculation of the percentage of wear, as a rule, is carried out approximately, since there are no special mathematical formulas for determining it. Therefore, the decision whether to recognize housing as dilapidated or not is often made depending on the desires of officials, and not on objective necessity.

In accordance with the Regulations on the recognition of premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition, approved by Decree of the Government of the Russian Federation of January 28, 2006 No. 47, the recognition of an apartment building as unsuitable and subject to demolition is carried out by a specially created interdepartmental commission. Interdepartmental commissions are created: by the federal executive body to assess residential premises of the housing stock of the Russian Federation; by the executive authority of a constituent entity of the Russian Federation to assess residential premises of the housing stock of a constituent entity of the Russian Federation; local government body to assess the residential premises of the municipal housing stock. Currently, decisions to recognize houses as unsafe and subject to demolition in relation to multi-apartment residential buildings are made by commissions created by local governments.

This year, the Government of the Russian Federation has prepared a bill reflecting the issues of carrying out major repairs of residential buildings. According to this document, all powers to carry out major repairs are transferred to the regional level, which is partly not entirely legal.

A new version of the bill is currently being developed.

According to Art. 89 of the Housing Code of the Russian Federation, residential premises under a social tenancy agreement, provided in exchange for previously occupied premises, 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.

The most frequently arising questions in law enforcement practice relate to the equivalence of housing provided to replace emergency housing.

The number of rooms must be equal. It is unacceptable to reduce living space and the number of rooms by increasing the area of ​​auxiliary premises (kitchen, corridor, etc.), even if the total area of ​​the housing provided is larger than previously occupied (Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 10/05/10 in the case No. 8-B10-11);

The number of rooms must also be equal when relocating persons who previously lived in a communal apartment to a separate apartment (Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 02/08/2010 in case No. 60-B10-3);

It is impossible to move residents from a regular apartment to a studio apartment if the areas and number of rooms in these apartments are equal, since in a studio apartment the living area includes the area of ​​the niche intended for use as a kitchen, which is actually an auxiliary room and is included in the living area should not be included (Definition of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated June 21, 2011 in case No. 67-B11-3);

To receive housing according to the provision standards, you must be low-income or registered as needy or have the right to be registered as such. In paragraph 1 of Art.

89 of the Housing Code of the Russian Federation states that in cases provided for by federal law, citizens who are registered as needing residential premises or have the right to be registered are provided with residential premises according to the provision standards. This case is provided for by the Federal Law of November 30, 2010.

The point is that if a state or municipal housing stock is transferred to a religious organization, and people evicted from it are recognized as low-income or are registered as needy or have the right to be registered as such, they receive housing according to the provision rate. However, there is judicial practice that allows for a broader interpretation of paragraph 1 of Art.

89 of the Housing Code of the Russian Federation and not to link the provision of housing according to the standards of provision only with the transfer of property to religious organizations. For example, in accordance with the provision standards, individuals were provided with an apartment whose area was three times the area of ​​previously occupied housing. At the same time, the court took into account that the plaintiff and his family were recognized as poor for registration as those in need of residential premises under a social tenancy agreement (Decision of the Industrial Court of Perm dated 06/03/2011).

Settlements with the owner of privatized housing, according to Art. 32 of the Housing Code of the Russian Federation, can be carried out in two ways: payment of the redemption price for the seized premises, or the provision of another residential premises in exchange for the seized one, including its value in the redemption price by agreement of the parties.

The redemption price must include the market value of the residential premises, as well as all losses caused to the owner of the residential premises by its withdrawal, including losses that he incurs in connection with the withdrawal of housing, including lost profits.

However, the redemption price most often does not cover all the real expenses of the owner for the purchase of a new residential premises, since the market value of dilapidated and dilapidated housing is disproportionate to the cost of the apartment, even on the secondary real estate market.

As a solution to this problem, the possibility of so-called “deprivatization” can be used. However, this is only possible if a number of conditions are met:

• housing must be the only one owned by the owner
• the basis for purchasing housing is privatization (and not a purchase and sale agreement, for example)
• no transactions have been carried out in relation to housing since the acquisition of ownership or registration of other persons in the apartment

If a residential building is declared unsafe, it is subject to demolition. What should be the demolition period?

Making a decision on the timing of the resettlement of individuals and legal entities in the event that a house is recognized as unsafe and subject to demolition or reconstruction is within the competence of the local government body. However, this decision can be challenged in court.

If, during the consideration of the case, it is established that the premises in which a citizen lives pose a danger to human life and health due to its emergency condition or for other reasons provided for by current legislation, then the provision of another residential premises that meets sanitary and technical requirements in place of the unsuitable for living cannot be made dependent on the availability of a plan and the deadline for the demolition of the house, and the court may oblige the local government body to immediately provide citizens with other comfortable residential premises in an extraordinary manner on the basis of Part 2 of Article 57 of the Housing Code of the Russian Federation, taking into account the fact that the premises do not comply sanitary and technical rules and regulations, cannot be classified as residential (part 2 of article 15 of the Housing Code of the Russian Federation). This conclusion is confirmed in the Review of Legislation and Judicial Practice of the Supreme Court of the Russian Federation for the second quarter of 2009 (Approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation dated September 16, 2009).

The problem of dilapidated and dilapidated housing through the eyes of the administration

According to estimates by the International Finance Corporation (IFC), large-scale investments amounting to about 322 billion rubles annually until 2035 are needed to carry out major repairs and modernization of the housing stock in Russia.

Within the framework of regional co-financing programs by the Housing and Communal Services Fund, the average cost of repairs in 2011 was 833 rubles. per sq. m and 837 rub. per sq. m - in 2010

At the same time, at present, the dynamics of the actual aging of the housing stock is twice as high as the amount of dilapidated and dilapidated housing being demolished.

“This year, amendments were developed to the law on the Housing and Communal Services Reform Assistance Fund, according to which it was proposed to allocate money to municipalities only for the demolition of dilapidated housing,” says lawyer Oleg Sukhov.

“However, the consequence of such a reform may be that even housing that can still be repaired will be demolished, taking into account the fact that major repairs are cheaper than relocating a house.

In addition, the benefit of demolishing houses compared to renovation is somewhat reduced by the fact that, as a result of many court decisions, housing is allocated to citizens instead of previously occupied housing according to provision standards, which leads to enormous costs.

However, increasingly, administrations are trying to focus housing policy on the construction of new housing. The opportunity to attract investments helps with this, which provides a number of justified advantages: the investor takes on the function of demolishing dilapidated housing, the construction of new houses helps to update communications and improve the settlement as a whole.”

Prospects for dilapidated and emergency housing

In the Moscow region, creating a favorable investment climate is one of the top priorities in solving the problem of dilapidated and dilapidated housing.

In particular, in order to receive budget funds, it is necessary to secure all the possibilities for their competent implementation, incl.

Many areas of the Moscow region are characterized by an unscrupulous attitude of developers towards fulfilling obligations for the construction of residential buildings.

As a result, it turns out that the documentation is not agreed upon within the required time frame or construction is unreasonably suspended. In this regard, it is planned to create a “black list” of developers in the Moscow region. A similar list was already compiled in 2011.

The leaders in the number of stopped new buildings then were Sergiev Posad, Pushkino, Balashikha, Troitsk and Lobnya.

To solve housing problems, including the elimination of emergency housing, in the Moscow region, a special structure has been created, endowed with the functions of a separate ministry.

This is a rational measure, since in a number of areas the problems of dilapidated housing are quite acute.

For example, in the Pushkinsky district, in Stupino and Klin, there was no construction of housing for displaced people last year.

Reconstruction, which has some advantages, can also be considered as one of the ways to solve the problem of dilapidated housing: it does not require the relocation of residents, the prices for their apartments increase significantly in contrast to “emergency” prices, there is no need to develop new plots for development, There are no demolition costs, and the reconstruction is entirely handled by the construction company.

“The rapid obsolescence of the housing stock is caused, among other things, by the difficult conditions of its formation during the war and post-war period, as well as the prolonged lack of major repairs and the low quality of housing maintenance.

Article provided by the “Legal Center of Lawyer Oleg Sukhov”