What kind of housing is considered dilapidated and unsafe: at what percentage of wear and tear is a house considered unsafe, criteria

The article tells what kind of housing is considered dilapidated and unsafe and explains the intricacies of the legislation.

Basic moments

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?

Important! A building is considered dilapidated if its floors, foundation or the entire structure are significantly worn out. As a result, the structure cannot be used normally.

The criteria for the dilapidation of a residential building are contained in the Methodological Manual approved by the State Construction Committee.

How to find out the degree of deterioration of a building

The wear and tear of individual structures and the entire structure is taken into account. What percentage of wear depends on the material of the house:

• 70% – for buildings made of stone;
• 65% - for houses built of wood with partitions from local materials and attics.

A house is considered unsafe for human life when the supporting structures are stable, but the building can no longer be used. At the same time, the partitions are still quite solid, so the structure did not collapse.

What is an emergency condition

If 50% of the apartments are worn out, as well as the walls and foundation, then the building is considered dilapidated (established by the MDK 2-04.2004).

4 signs of worn-out housing:

• the main building floors have worn out beyond normal limits;
• the structure has lost its strength;
• without further strengthening of structures there is a danger of destruction;
• further residence poses a danger to residents.

For some structures, the situation may be pre-emergency if the collapse of this structure does not affect the condition of the entire building.

What is the difference between a dilapidated and dilapidated house

At first glance, it seems that there is no difference in what you call a dilapidated building, dilapidated or in disrepair. In fact, there is a significant difference.

The dilapidation of the building means that although the structures are very worn out, there is no threat of their collapse. An emergency building can collapse at any time and poses a danger to residents.

But, even if the building is dilapidated, a citizen cannot simply demand an apartment in a new building. It is necessary for government agencies to declare the building unfit for habitation.

How is housing declared uninhabitable?

The rules on when a building is considered unsuitable for living in have been approved by the Government. Resolution No. 47 of January 27, 2006 approved the signs of housing in which living is unsafe.

6 reasons to declare housing unfit for living:

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.

A special interdepartmental commission decides which housing is officially considered unsafe and dilapidated.

Algorithm for recognizing a building as dangerous to life

The owner of the apartment, in order to recognize his housing as dangerous for living, sends an application to a special interdepartmental commission.

Algorithm for checking a house for strength:

1. Experts will check whether the housing is in emergency condition or not, based on the criteria established by the Government. This takes into account how many years the facility has been in operation.
2. The commission will issue an act after the dilapidated building has been inspected.
3. Members of the commission will decide whether a dilapidated house is a dangerous house or not. 14 days are given to make a decision. The degree of deterioration of the house is taken into account to officially recognize it as unsafe.
4. The commission notifies local authorities of its conclusion. The period for sending a notice is 5 days.
5. The administration finds the difference: dilapidated housing or emergency housing.

Apartment owners receive the right to vacate if it is determined that the building is dangerous to human life.

Often citizens disagree with which house is considered unsafe and which is not.

The decisive factor in recognizing a building as unsafe

What kind of housing is considered dilapidated depends not on the degree of wear and tear, but on its strength. It is assessed whether the walls, foundation and roof can collapse or not.

Some apartments may be considered dangerous to live in, while others may be considered quite suitable. For citizens, the main difference is that the owners of apartments in a dilapidated building have hope of resettlement, while nothing “shines” for residents of dilapidated buildings.

Homeowners can wait for new apartments all year long, but they will never get it if the administration has not given the go-ahead for resettlement. Buildings in many regions are considered unsuitable for repair when wear and tear exceeds 70%. Those. the housing stock is not being repaired and people are not being resettled.

If the resettlement of homeowners is approved, then they must receive apartments of equal living space. In this case, the building must be located in the same locality. Those. Living conditions should not deteriorate.

Bottom line

Officials determine how the condition of buildings differs. But if citizens do not agree with the decision, they need to act independently. All residents should gather and pay for the work of an independent commission to establish that the housing stock is subject to demolition. Next, there must be a judicial procedure for considering the controversial issue, where it is recognized which house should be resettled.

A house has been declared dilapidated or in disrepair: how can the owner take advantage of this status and demand relocation?

Housing law > Mortgage > Benefits > Dilapidated house - what is it: the owner’s problem or the opportunity to get an apartment in a new building?

According to statistics, 15.6 million sq. m of the Russian housing stock is represented by dilapidated and emergency buildings. Most of this housing (up to 10 million) is concentrated in apartment buildings. A problematic apartment or house forces the owner to look for a way out of the situation. And it exists: the country has a program for relocating citizens from unsuitable housing.

Under its terms, it will be necessary to officially recognize the residential building as unsafe or dilapidated. Let's look at how this happens below.

What is emergency housing? Photo No. 1

No matter how the house crumbles, when contacting officials you need to appeal not with emotions, but with references to specific regulations.

If a private house or apartment in a high-rise creates maintenance problems and requires endless repairs, you should carefully study the following regulatory documents:

1. Housing Code, which allows the premises to be declared unfit for living (Article 32, Article 86).
2. Federal Law No. 185 “On the fund for promoting the reform of housing and communal services.”
3. Resolution No. 47 of January 28, 2006, containing the principles and regulations for the inspection of residential buildings, as well as the recognition of housing as unsafe or dilapidated.

Both statuses are not everyday expressions, but define the official state of the building.

Dilapidated housing is not a reason to get new housing

The fact is that there is no threat of collapse of such a building. The condition requires deep reconstruction and large-scale repairs. But the administration is not obliged to resettle people in this situation.

A house is considered a dilapidated structure depending on the degree of structural deterioration.

Important. Dilapidated load-bearing structures are able to perform their functions to a limited extent only if security work is carried out or after their complete replacement or reconstruction.

Calculation of wear and tear and the actual condition of the building is carried out according to departmental construction standards: VSN 53-86 (Gosstroy order No. 446 of 1986). The document contains:

• tables with specific loss of functionality indicators for each building element;
• formulas for calculus;
• quantitative and qualitative indicators of structural wear;
• recommended recovery measures.

This is a complex matter that requires qualifications. Therefore, specialists/companies that are members of SROs have the right to conduct examinations of structures. We are interested in the general conditions for recognizing a house as dilapidated:

1. Dilapidation/wear of main structures is more than 70% for stone, brick buildings, fully prefabricated panels.
2. From 65% - for wooden buildings, attic structures.

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If we are talking about restoring a building, you should not expect an instant reaction from officials. In most regions, buildings that have exceeded operational standards are overhauled on a general basis.

As a result, the owners have been knocking on the thresholds of housing authorities for years, but the cart remains in the same place. Although the conditions were recognized as not meeting the requirements, they did not pose a direct threat to life.

Achieve emergency status

The procedure for assigning emergency status to a building. Photo No. 2

From a practical point of view, it is more profitable for residents to have the house in disrepair. The status is the basis for resettlement at the expense of budgetary funds. Features of uninhabitable buildings:

• there are large-scale deformations of load-bearing structures, destruction of the foundation, cracking of walls;
• wooden parts of the building are damaged from biological influence;
• the main floors and structures of the building have exhausted their functions, threatening to collapse at any moment.

For an emergency condition, the absolute percentage of wear is not decisive. The main thing is that the structures have served their purpose. As you know, houses that are far from old can collapse ahead of schedule due to:

1. Technological violations in construction.
2. Illiterate redevelopment and operation.
3. Force majeure, natural or man-made.

Important. The main feature of emergency housing stock is the danger of collapse. They are not subject to repair or reconstruction. The fate of such buildings is immediate demolition, and their residents will be resettled in equivalent housing.

Criteria for classifying housing as emergency

There are several reasons. They relate to geographical, sanitary, hygienic and technological operating conditions. Let's turn to section III of the post. 47. According to the standards, the condition of the house and the living conditions in it are considered unsatisfactory in the following cases:

• location of real estate in areas prone to natural disasters (mudflows and snow slides, frequent floods with significant flooding, collapses of slopes and rocks, etc.);
• construction of a house in dangerous proximity to fire and explosive objects, in industrial areas;
• non-compliance with standards for noise and vibration levels, magnetic and ionizing radiation, emissions of harmful chemicals into the atmosphere. connections. For example, a house in the immediate vicinity of a power line or with windows facing a highway;
• microclimate of the premises and adjacent territory that does not meet SanPiNs;
• damage to structures and equipment from explosions, earthquakes, man-made accidents, ground movements;
• destruction of the building over time.

Housing with obsolete structures or deficiencies caused by engineering/architectural features is not considered unsafe:

• one- and two-story residential buildings without hot water supply and sewerage systems;
• lack of garbage chutes and elevators in buildings above 5 floors. At the same time, the structure was recognized as being of limited serviceability and not subject to restoration or major repairs.

How to officially recognize housing as unsatisfactory?

By what criteria can housing be classified as unsafe? Photo No. 3

An examination of the building and its premises by an interdepartmental commission will be required (Article 15 of the Housing Code of the Russian Federation). This is not a one-day procedure, since several procedures are performed:

1. Instrumental control.
2. Laboratory research.
3. Design, survey and specialized examinations.
4. Data analysis with commission verdict.

The result of the work of state representatives is an act of the established form. The document reflects:

• the current state of the object, its engineering and structural elements;
• characteristics of the adjacent territory;
• details of deviations from standards identified during the research: instrument readings, instrumental measurements;
• assessment of expert results: whether safe operation of the building or its reconstruction/repair is possible, whether relocation of residents is required.

The results of the examinations are prepared in writing by specialists and attached to the report.

From a complaint to receiving the keys to a new apartment: actions of the owners

The persistence of applicants for resettlement must go “hand in hand” with a clear algorithm of actions. To do this, let us turn to Section IV of the government decree:

• the owner sends an application and a package of documentation to the administration of the “register” of the building;
• responsible persons are determined with additional papers and stages of home inspection;
• the municipality creates an interdepartmental commission and attracts experts to the work;
• a set of measures is being carried out to assess the building, design and survey work. If the building is multi-apartment, each apartment is inspected. After completing the practical part, a report is drawn up.

The results of the inspection with proposals for relocation or reconstruction of the house are communicated to the applicant, local authorities, and interested supervisory authorities. All information must be sent to the recipients by official written communication.

Important. The homeowner has the right to participate in the inspection of the house in an advisory capacity.

What documents must the owner prepare?

Documents for assigning emergency status to housing. Photo No. 4

An application supported by a package of documents is sent to the housing commission of the municipality:

1. Notarized copies of the grounds for ownership/ownership.
2. Technical passport of the apartment, cadastral plan of the premises.
3. Previously submitted applications with responses from officials, results of surveys.
4. Certificates and extracts that facilitate an objective consideration of the issue on its merits.

After receiving the application, officials are required to create an interdepartmental commission within a month.

How to challenge the commission's decision?

Let's face it: residents face a difficult task. You will have to run around the bureaucratic offices and personally study the regulatory framework of the issue.

Sometimes they initiate legal proceedings, since by hook or by crook the administration seeks to save its budget.

Important. Disputes arising with resettlement are resolved by the district court.

Judicial practice shows that the parties mainly dispute:

• inaction of the municipality after the applicants’ appeal;
• decisions of interdepartmental commissions regarding recognition of real estate as emergency, proposed measures;
• extended resettlement periods;
• unequal replacement or underestimation of the actual cost of housing when issuing compensation.

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The homeowner files a claim. It must be drawn up in compliance with procedural norms.

Some nuances of filing a claim

The applicant must provide full details of the parties, describe in detail the situation and the subject of the dispute, and justify his position.

To protect interests, the plaintiff has the right to organize:

1. An independent examination of the dilapidated house and the proposed housing.
2. Checking the size of the proposed area for compliance with the standards.
3. Conduct an assessment of the market value of the apartment.

You can also prove your position with testimony, audio and video recording. The main thing is that the methods used are allowed by the Code of Civil Procedure of the Russian Federation.

Important. When collecting documents, three principles are observed: written confirmation of all studies, professional compliance of experts (licenses, participation in SRO, etc.), validity periods of studies and documents.

Resettlement program

What does the emergency housing resettlement program offer? Photo No. 5

Replacement of outdated housing stock is carried out comprehensively. For these purposes, the state program “Housing” has been in effect since 2002:

• funds are included in the federal budget and sent to the regions;
• Local conditions have been developed under which citizens can count on improved living conditions.

The state program was extended in 2010 and 2014, and on September 31, 2017, activities at the federal level will be completed. The constituent entities have prepared their own measures to resettle citizens from emergency premises. It is clear that conditions vary depending on the capabilities of the territory. But we can highlight some general provisions:

• In exchange for the lost apartment, a person receives a room of equal size and number of rooms.
• even from poorly equipped dwellings, resettlement occurs only in modern apartments that meet the requirements of energy efficiency, comfort and safety;
• if the displaced person used the living space under a social tenancy agreement, a new apartment is provided on the same terms;
• the allocated housing must be located within the same administrative district where the old house was located;
• after a verdict on demolition of the building is made, resettlement must occur within 1 year. All moving costs are borne by the municipality. But no one will allow the owner to abuse this right either: transport for transporting property is allocated once.

If living in a house is not possible, you need to find out about the specific conditions for resettlement from the municipal administration. You can count on compensation for the estimated cost of housing, the provision of equivalent premises, and the execution of a social tenancy agreement. The option is selected depending on the characteristics of the old housing, the preferences of the owner and the conditions of the regional program.

You can learn how to recognize a house as dilapidated (emergency) by watching the video:

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16 Jan 2018 kasjanenko 73      

When a house is considered unsafe and dilapidated

The state provides assistance to citizens who have difficult living conditions due to the breakdown of their homes. However, it is necessary to accurately distinguish between a dilapidated and a dilapidated house, and also to correctly document your situation.

Situations when citizens have to live in an old house that has serious damage are not isolated. In some cases, the state provides financial compensation, or sponsors a move to another, more reliable and fully adequate in terms of square footage and number of rooms, housing.

Dilapidated property

There is no precise definition of what kind of housing is considered dilapidated in Russian legislation. The Housing Code does not provide for such a concept and, accordingly, any actions on the part of the state to help its owners.

The only document that describes the concept was Order No. 8 of the State Construction Committee of the Russian Federation dated November 10, 1998. Thus, according to the law, housing is considered dilapidated if it does not meet operating requirements due to physical wear and tear.

The methodological manual of the same organization contains more specific instructions on how to determine the dilapidation of a building:

• For stone buildings, wear should exceed 70%.
• Wooden wear exceeds 65%.
• Given the strength of the supporting structures, the necessary operation is impossible.

At the same time, load-bearing structures are those that ensure the overall integrity of the building scheme under external influences taken into account in a given region.

Emergency buildings

In order for a building to be recognized as unsafe, it must comply with the instructions of the same methodological work of the MKD 2.04.2004:

• Most of the supporting structures fell into disrepair.
• Staying in the building and near it is dangerous to the life and health of people.

In this case, housing is considered to be in disrepair and not dilapidated, even if it is of relatively new construction, but:

• suffered from fires or explosions;
• suffered natural disasters;
• built in a landslide or flood zone.

The percentage of wear and tear of a house can be above 70, but it is not considered emergency if a danger to life is not established. Even some of the supporting structures in a damaged state allow the building to be considered only pre-accident and do not provide benefits for residents.

Preparation of documentary evidence of the status of the building

In order for housing to be recognized as dilapidated, it is necessary to obtain a document from the BTI on the degree of deterioration of the building. Next, the procedure is performed by analogy with proof of accidents.

For real estate to be considered emergency, a decision of a special commission is necessary. To receive it, residents are required to submit letters to the municipality and the housing commission with a statement on behalf of the citizens of the house requesting the creation of an interdepartmental inspection. Attached are the documents necessary to resolve the issue:

• copies of title documents for the house, certified by a notary;
• technical passport along with the construction plan;
• complaints, letters and other written signals about the need for help from residents.

Based on the complaints received, representatives of the local government and other interested organizations create a commission to assess the condition of the structure in accordance with Decree of the Government of the Russian Federation No. 47 of January 28, 2006. Special experts from design departments, as well as an authorized representative from residents (owners) with the right of an advisory vote, can be involved in the work of the commission.

The commission's decision may be that a residential building is unsuitable for habitation, is in disrepair, or requires demolition or reconstruction of an apartment building.

What follows from the solution obtained?

If the conclusion of the authorities does not indicate an emergency situation, the resettlement of citizens from the dilapidated house is not carried out. The decision on resettlement requires recognition of emergency and subject to demolition, without the possibility of reconstruction or its material inexpediency.

The exception is the “Khrushchev” buildings of Moscow, buildings from 1957-1968, and no higher than 9 floors. They will be demolished and residents will be moved to new buildings. The corresponding law “On the renovation of Moscow’s housing stock” was signed by V. Putin in July 2017. Residents of communal apartments are promised separate apartments, but some areas will be located further from the center.

Residents decide on participation in the program; 2/3 votes are required.

Housing for displaced people is allocated from the regional housing stock; citizens are evicted within a year, after which the house is demolished.

If citizens were provided with social housing, they have no right to demand money. The only possible help is to obtain other social housing for rent.

The procedure for providing residential premises under a social tenancy agreement indicates the priority of receiving new housing for citizens whose house is recognized as unsafe and subject to eviction. After the authorities have concluded the agreement, the document serves as the basis for obtaining a warrant for residential premises.

At the same time, among such citizens there is also a certain queue, where the provision of the family is immediately taken into account. Receipt procedure:

• Low-income.
• There is a possibility of such recognition, and the available living space is less than the required level.
• There is no required standard of living space per resident.

The procedure corresponds to the resettlement of communal apartments.

At the same time, owners of dilapidated housing can be resettled in some regions if appropriate local programs are in place, but this happens quite rarely.

Currently, there is a rule that if dilapidated housing is recognized as unsafe, all funds collected as contributions for major repairs will be transferred back to the residents.

However, there is a proposal to the State Duma to abolish contributions for dilapidated buildings.

Based on the difficulties with relocation and the reluctance of services to recognize buildings as unsafe, such a decision could be a serious blow to the improvement of dilapidated houses.

In 2017, the Ministry of Construction decided to deprive the owners of dilapidated houses of the right to choose a management company from 2020, forcibly transferring them from state unitary enterprises and municipal unitary enterprises.

Litigation

There are precedents when cases were won to declare dilapidated houses unfit for life. However, this does not mean that the resettlement of residents subsequently began. There is a high probability that they will be forced to make major repairs, carried out at the expense of the residents.

Through resettlement programs you cannot improve your living conditions, you can only get similar housing.

If the proposed housing:

• less residential area (even if the area is the same as the non-residential part);
• incomplete number of rooms;
• the apartment is located in a different area;
• the house does not meet sanitary standards

then, having collected documents confirming the facts, it is worth going to court. The listed options are a violation of the law.

If everything with emergency buildings is resolved unambiguously, dilapidated ones can be brought to a state of emergency without making the appropriate repair work. However, the municipality often does not have suitable housing, and the proposed options may not suit those displaced from a dilapidated building.

By what criteria is a house considered unsafe?

Quite often in life there are situations when a house of one or several floors is kept, as they say, on its word of honor, but at the same time continues to be used and is not considered unsafe. This is usually explained by the fact that the services responsible for this housing are negligent, and the residents themselves do not know their rights and actions in order to recognize the house as unsafe.

The procedure for recognizing such a state of the house is set out in Decree of the Government of the Russian Federation No. 47 of January 28, 2006, which describes in detail how this process takes place.

What kind of housing can be considered unsuitable for habitation?

Housing falls into the emergency category in the following cases.

1. It is located in close proximity to a source of constant noise. This often happens when an enterprise that produces constant noise has been built near a residence, or a highway with heavy traffic has been built.
2. A high-voltage transmission line is laid near the house, which leads to electromagnetic radiation.
3. The area on which the house stands may be susceptible to natural disasters. For example, if a house is located in the foothills, then there may be a danger of it being demolished by mudflows or avalanches; for this reason, the building may be classified as an emergency structure.
4. There are no life support systems in the house. This happens, for example, when there is no sewerage or electricity in the house and it is impossible to install them there.
5. As a result of some impact, for example, an earthquake, the foundation is seriously damaged, which cannot be restored, as a result of which the house becomes unsafe.

If a house falls under any of the above criteria, then after undergoing the appropriate procedure it can be recognized as being in disrepair.

Recognition of an apartment building as dilapidated

If buildings, as a rule, become unsafe as a result of exposure to external factors, then time makes them dilapidated. It is from prolonged use that they become unsuitable for human habitation.

Houses may be considered dilapidated in the following cases.

• When their elements are highly worn out, but at the same time such houses should not fall apart, and, therefore, living in them does not pose a threat to human life.
• When the total wear and tear of houses reaches less than 70%.
• When houses are not among those whose repairs should be carried out at the expense of funds from the budget.

It is almost impossible to ensure that such a building is declared unfit for habitation and that the citizens living in it receive apartments in another location. All that can be achieved in such situations is a major overhaul of the building. If the building is of historical value, then, by decision of the relevant authorities, its reconstruction will be carried out.

What documents are needed to recognize housing as unsafe?

Those who are interested in how to recognize a house as unsafe should know that this procedure is quite complex and consists of several stages.

First of all, it is necessary to prepare a reasoned statement, which sets out in detail the reasons why the housing is unsafe and unsuitable for human life.

Such a document is prepared directly by the residents of the dilapidated house or by its owner.

In addition, the fire service or the local body of Rospotrebnadzor, whose functions include monitoring the quality of services provided to citizens, including housing, can raise the issue of a house falling into the category of emergency housing.

The following list of documents should be attached to the application for the house to be classified as unsafe.

• A technical passport of a dilapidated house, which should reflect the current degree of deterioration of the building and its residual value.
• Technical reports of inspection of a damaged house for the last three years. These documents are necessary so that the trend in the process of deterioration of the house’s condition is visible, as a result of which it falls into the category of emergency buildings. Also, from these documents it should be clear what work was performed to maintain the technical condition of the emergency building, and what they led to.
• Conclusions from the fire service and Rospotrebnadzor, where they expressed their informed opinion on whether the current condition of the house can be considered emergency.
• Copies of complaints from residents about impossible living conditions in emergency housing with a requirement to take appropriate measures.
• Act on the technical condition of a residential building. This document is prepared by an organization that has a state license to carry out this type of work.

In addition, other documents confirming the fact of the emergency condition of the housing may be attached to those listed.

The entire package of documents for an emergency building is submitted for consideration to an interdepartmental commission whose competence includes resolving such issues.

Interdepartmental commission for recognizing housing as unfit for habitation

This commission is a permanent body, created by a decision of the municipality. If the housing is departmental and belongs, for example, to the Ministry of Defense, then such a commission is created by order of the minister.

What is

In addition to department employees, this commission also includes representatives of Rospotrebnadzor, housing inspection and other organizations. The commission may also include deputies of local legislative bodies. The commission elects a chairman from among its members, who organizes its work to consider issues of housing disrepair.

All meetings of the commission, at which issues of emergency housing are considered, are kept under minutes kept by its secretary. He is also responsible for accepting applications for houses in disrepair.

The commission is given a month to review the received documents, after which it prepares an appropriate conclusion on emergency housing.

Main functions

The regulations on such commissions state that their task is to confirm or refute the fact that the building for which materials have been received is completely unsuitable for people to live in it. In order to draw the appropriate conclusion, the commission members study all aspects of the case, as well as the data from the technical examinations carried out.

If the commission establishes that the building is worn out by approximately two-thirds, then this is sufficient grounds to recognize it as dilapidated with all the ensuing consequences.

The decisions made by the commission may include the following:

• Recognize the building as suitable for human habitation.
• Classify this house as one that needs major repairs.
• Decide that the building is dilapidated, as a result of which people must be evicted from it, and the building itself must be demolished.
• Recognize the housing as unsafe due to external influences, for example, an earthquake, as a result of which its further operation becomes dangerous and it must be demolished.

The initiators of the application are notified of the commission’s findings regarding emergency housing. If by decision of the commission the house is recognized as unsafe and subject to demolition, then all residents living in it are notified about this.

There are cases when residents do not agree with the fact that their housing is not recognized as unsafe. In this case, they have the opportunity to challenge the decision by filing a claim in court.

Consideration of cases on recognition of housing as unsafe is carried out within two months, after which the court makes an appropriate decision. However, quite often the case does not reach a court decision, and the parties come to a peaceful agreement.

The procedure for conducting examinations

An examination that determines the condition of a residential premises is carried out by an organization that has a license to perform this type of work. The investigation of the emergency facility is carried out on site, and the condition of the load-bearing structures, the facade, as well as the compliance of all elements of the building with the relevant standards are studied.

Based on the research conducted by experts, a conclusion is made, which is passed on to customers.

Consequences of recognizing a house as unsafe and subject to demolition

• If, after reviewing all the documents, the condition of the house is officially classified as emergency, then the department on whose balance sheet it belongs is notified about this in order to take measures to resettle the people living there.
• In most apartment buildings, housing is divided into two categories: owned by the municipality or some department and privatized.
• Tenants experience no problems during the resettlement process and are happy to move into housing of a higher quality than the one they previously occupied.

With homeowners, things are not so smooth.

If the offered price suits them, then they enter into an agreement with the municipality, receive money, purchase an apartment themselves - the city authorities do not deal with this issue - and leave the dilapidated building.

But if the owners are not satisfied with the redemption price, then the evacuation situation can drag on for a long time.

Homeowners who are not satisfied with the price offered for it begin to write complaints to various departments and commissions, from there they come to sort it out, and all this can last a year or more.

After the court makes a decision on the forced eviction of a citizen from dilapidated housing - and it will certainly be made if the city authorities acted strictly according to the law - the owner will receive the due amount for the apartment into his account, and he himself will be forcibly evicted from the dilapidated building.

70 percent wear and tear... Is this a sufficient reason for demolition?

There is an opinion that 70% of the wear and tear of a house is grounds for declaring it uninhabitable, unsafe and unconditionally subject to demolition. I decided to do a little digging on this topic, and I’m sharing what I found:

Maybe the ears are growing from the Resolution of the State Construction Committee of the Russian Federation dated February 20,
2004
No. 10 “On approval of criteria and technical conditions for classifying residential buildings
(residential premises) as dilapidated or in disrepair”?
Indeed, it says the following:

• II.
  Criteria for classifying residential buildings as uninhabitable
• 1. Unsuitable for habitation include:
• a) residential buildings in disrepair;
• b) dilapidated residential buildings;

…

5. Dilapidated residential buildings include:

a) prefabricated, brick and stone houses with physical
wear and tear of over 70 percent;

However, the Ministry of Justice of the Russian Federation REFUSED registration of this Resolution
(see Letter of the Ministry of Justice of the Russian Federation dated April 23, 2004 N 07/4174-UD). This document
has no force.

Currently, 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 provision “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 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 . To date, 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 2-04.2004 (not officially published)

This manual defines the dilapidated condition of a building as “a condition in which the building structures 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 load-bearing structures retain strength sufficient to ensure the stability of the building, but the building no longer meets the specified operational requirements.”

At the same time, the load-bearing structures of the building are building structures that form the building layout specified by the project, ensuring its spatial stability under calculated external influences.

Emergency housing . The emergency condition of a building, according to the above manual, is the condition of a building in which more than half of the residential premises and the main load-bearing structures of the building (walls, foundations) are classified as emergency and pose a danger to the lives of residents.

In this case, 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 building and pose a danger to residents.

A separate load-bearing structure of a building in the condition described above, if its collapse does not affect other structures or does not entail a change in living conditions or operation of the residential building as a whole, is considered pre-emergency. It is not difficult to notice that if dilapidated housing (the dilapidated condition of a building) is characterized by a high degree of wear and tear of its structures without the danger of their collapse and, accordingly, does not pose a danger to life, then emergency housing has deformations and damage to load-bearing structures and living in this residential premises is life-threatening due to the real possibility of collapse.

Thus, the mere fact of deterioration of a building (above 70%) is not a sufficient basis for the conclusion that the building is in disrepair or unsuitable for habitation for other reasons.

In addition, the legislation provides for the procedure for declaring residential premises unfit for habitation. According to paragraph 7 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 of January 28, 2006.

№ 47, “Recognition of a premises as a residential premises suitable (unsuitable) for citizens to live in, as well as an apartment building as unsafe and subject to demolition or reconstruction is carried out by an interdepartmental commission created for these purposes (hereinafter referred to as the commission), based on an assessment of the compliance of the specified premises and house with those established in this Regulations and requirements."

Residential premises located in prefabricated, brick and
stone houses, as well as in wooden houses and houses made from local materials,
with deformations of foundations, walls, load-bearing structures and a significant
degree of biological damage to elements of wooden structures, which
indicate the exhaustion of load-bearing capacity and the danger of collapse,
are unsuitable for habitation due to the recognition of the apartment building
as unsafe and subject to demolition or reconstruction.

The commission's recognition of an apartment building as unsafe and subject to demolition can only be based on the results set out in the conclusion of a specialized organization conducting the survey (clause 44 of the Regulations)

Moreover, even recognizing a house as unsafe does not always mean its demolition:
Based on the results of the work, the commission makes one of the following decisions:...

on recognizing an apartment building as unsafe and subject to reconstruction (clause 47 of the Regulations)

1. oOo
2. A review of judicial practice, the media and expert opinions indicates that the degree of physical deterioration cannot be the basis
   for the assertion that a residential premises is unsafe. A few examples:
3. 1. Decision of the Salekhard City Court dated September 20,
   2012

“The degree of physical deterioration cannot be
the basis for the assertion that the residential premises are unsafe, since
such a DECISION, as stated above, can only be made by an interdepartmental
commission...” http://www.gcourts.ru/case/10906851

2. Galina Yuryeva, “Demolition of dilapidated housing in New
Moscow,” June 26, 2012,
“New Moscow”

How to recognize housing as dilapidated

You will need

• application, certified copies of the certificate of registration of the right to housing, floor plan, technical passport

Instructions

The homeowner or tenant submits an application to the Administration about the current condition of the property. This is the basis for the meeting of the interdepartmental city commission. It is also necessary to submit notarized copies of the certificate of registration of the right to housing or copies of other title documents, a floor plan, and a technical passport. The applicant can be not only the owner, but also an authorized body for state control and supervision. The commission's experts assess the actual condition of housing, based on the requirements specified in Government Decree No. 47. Appropriate methods have been developed to determine the degree of physical wear. The examination must take into account not only the wear and tear of building structures, but also the level of noise, vibration, humidity, room illumination, electromagnetic background, and location of the object. The assessment work ends with the preparation of an Inspection Report (3 copies) and a conclusion (3 copies) on the recognition of the premises as suitable for habitation or not.

Based on the results of the conclusion, the authorities make a decision on the further “fate” of the housing: demolition or reconstruction. One copy of the conclusion and order is sent to the applicant.

If the applicant does not agree with the decision, he can appeal it through the court. Before filing a claim, you must obtain the conclusion of an independent technical examination, which is carried out either by a forensic construction expert commission or a technical research laboratory.

Housing recognized as dilapidated and subject to demolition must be replaced with an equivalent one. Persons registered for improvement of housing conditions are provided with housing in the prescribed manner: for a family of more than 2 people - 18 sq.m. per person, for single people - 33 sq.m.

note

Dilapidated housing may not be unsafe, since a high degree of wear and tear does not indicate the danger of the building collapsing if it is not accompanied by deformation and damage to the supporting structures of the building. Therefore, dilapidated housing does not always fall under the demolition program if living in it is not life-threatening.

Sources:

• Decree of the Government of the Russian Federation of January 28, 2006 N 47 “On approval 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” (as amended and
• recognition of housing as dilapidated