Resettlement of a privatized apartment during the demolition of a house, what will be given during the demolition of a privatized apartment

• The concept of privatization has been known to us since the collapse of the Soviet Union.
• Currently, this concept has also not lost its relevance.
• If we look at today's statistics, we can see that many citizens of our country continue to live in apartments rented under a social tenancy agreement from the state.

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Each of these citizens wants to privatize the apartment in which they live and become its full owner.

But very often, it turns out that rented housing does not meet security requirements.

Housing may be considered unsafe or dilapidated. Can it be privatized?

We will try to understand these issues within the framework of the article.

What is emergency and dilapidated housing?

Each of us wants to live in a decent place. In this case, it does not matter whether the premises are owned or rented under a social tenancy agreement from the state.

Every citizen wants to feel safe and see proper conditions for their residence. But, unfortunately, sometimes municipal authorities cannot provide these requests due to the lack of residential premises on their balance sheet. But, you see, owning a residential property, even in poor condition, is still better than nothing at all.

Quite different situations often occur. While collecting documents for the implementation of the privatization procedure, a citizen is suddenly faced with the fact that it turns out that his apartment is currently in dilapidated or emergency status.

This becomes a problem when formalizing privatization . Let's look at the conceptual apparatus.

We are accustomed to the fact that the concept of emergency housing is often used in legislation and in practice to describe the condition of real estate that does not meet safety requirements.

But there is another, clearer description of this term, which is assigned to it by law. Emergency means a condition of a building in which the structures and communications of the building pose a danger to the lives of everyone living in the house .

1. As a rule, the poor condition of a house cannot be corrected even by carrying out a high-quality overhaul of the structure.
2. Inconsistencies with the specified norms of the housing code, as well as the urban planning code, classify the building as emergency housing.
3. There is no concept of dilapidated housing in our legislation.
4. But it is very often used in practice, and has already become firmly established in housing legislation.

Generally accepted judicial practice defines a dilapidated apartment as buildings that have a total wear and tear of more than 70% . At the same time, this condition of the building does not threaten the life and safety of its residents.

Both concepts are actually very similar. In both cases, questions arise that can either positively or negatively affect the privatization procedure and its results.

Is it possible to privatize?

According to general rules, the basic procedure for the privatization of objects that belong to the housing stock of our country is determined by one single law.

This is Federal Law No. 1541, Article 4. This article states that specific types of apartments can be registered as personal ownership, but the same procedure cannot be carried out with the following objects.

In the first case, these are dorm rooms that cannot be legally privatized .

The second property is service apartments, which are on the balance sheet of certain government bodies.

The third category is housing that is located in closed cities. These cities include closed military bases.

The most important category that interests us within the framework of the article is living space in a dilapidated building.

The law says that it cannot be privatized. Article 4 of Law 1541 recalls that emergency housing is in an unsuitable technical condition, even if it has not yet been recognized as such.

If the inspection reveals that there are irreparable problems in structures , communications and other elements of the building that threaten safety, then the privatization procedure will be cancelled .

Dilapidated

As we said above, the concept of dilapidated housing does not exist in our legislation. The law of the Russian Federation does not prohibit, but it is also not permitted to register such premises as personal possession.

The status of dilapidated is assigned to a building if its wear and tear is about 70% or more . But wear and tear does not mean that such housing threatens the safety of citizens.

Despite the fact that the premises have been in use for a long time and have undergone wear and tear, there is still no threat to the life and health of the citizens living in it, which means that no one has the right to prohibit the privatization of such real estate from going through the procedure.

This is important so that the building is not recognized as unsafe.

If we look at the laws, there is no mention of how to register ownership of such a building , which means that no one has the right to prohibit the initiation of the privatization procedure.

The privatization of this type of living space has both a number of significant advantages and several noticeable disadvantages. Let's look at the weight of each of these arguments.

An undoubted advantage of privatization is the fact that you become the full owner of any real estate . You have the right to use, manage and otherwise influence the fate of the living space.

You can donate real estate, register in it and register others . As you can see, those who managed to register such real estate have quite a few privileges.

• The downside is the fact that the property is dilapidated or in disrepair , which means that sooner or later it may somehow become a threat to your safety.
• Also, the downside is the fact that having participated in privatization once, you will not be able to repeat this procedure again, especially if you come across a good and decent real estate option.
• Well, such a residential premises, unsafe for life, can simply be taken away from you, but at the same time, however, by providing other real estate in return.
• This can happen if the building is legally subject to demolition due to defects.

Recommendations for residents

The first step is to remove the emergency status from the property.

1. You are going to court.
2. In court, you seek to remove the status of emergency housing if the living space is recognized as dilapidated; the first two points do not apply to your case.

The status of emergency real estate is assigned by a specially convened commission . When making a decision, she is guided by the following data:

• changes in the technical characteristics of the house due to external factors (natural phenomena);
• changing the sanitary and hygienic conditions of the home;
• total wear and tear of the building as a percentage.

1. Sometimes the commission deliberately assigns the status of emergency housing, which does not yet pose a threat to residents, but its wear and tear is already approaching a critical level.
2. By this action, the members of the commission relieve themselves of responsibility if an accident occurs .
3. Since this practice occurs often, you can try to remove the emergency status from the living space in court :

1. Collect the necessary package of documents.
2. Take permission from those living with you to carry out the procedure.
3. Make a corresponding application. You pay the state fee.
4. Heading to Rosreestr.
5. Register the procedure.
6. Two months later, you pick up documents proving that you have privatized the living space - and therefore the rightful owner.

Answers to frequently asked questions

What to do if the house is declared unsafe and is being demolished?

If a privatized apartment in a building is to be demolished, this is a big problem. Many residents are worried about this and are afraid that they will not be provided with any living space in return. It turns out that the right to privatization has been spent, and in fact, the resulting property has disappeared due to demolition.

But not everything is so bad. Within several months after the demolition, the administration must allocate real estate in proportion to the demolition in order to resettle citizens.

If the living space was not privatized, the local administration will provide a new apartment under a social rental agreement .

The family will be able to live in it under the same conditions as in the demolished one, and in the near future hope that someday they will go through the privatization procedure and become full owners of the property.

How long does it take to privatize an apartment?

The resettlement of residents during the demolition of a house must begin exactly one year in advance . It is one year before the immediate liquidation of the building that the tenant loses the right to register ownership of this particular housing.

Each tenant is duly notified of what will happen after 12 months; otherwise, the procedure performed will be declared invalid.

What can residents expect when a house is demolished?

If the building is to be demolished and the living space is privatized, then the residents must be provided with the property on the right of ownership . It should, if possible, be located in the same area, be the same size as its predecessor, and have a market value no less than the previous one.

If the living space has not been privatized , then the residents can count on the administration to find them a living space in the same area as the previous one.

However, there are no clear rules and legal guidelines on these issues.

Do they provide equal housing upon relocation?

• If the house is declared unsafe and the apartment is privatized, local authorities must provide equivalent living space upon relocation .
• If this is not available, owners will be asked to wait until the required option becomes available, or they will be offered compensation in exchange for the missing amenities.
• Which of the above options to choose is up to you.

Conclusion

Registration of real estate in personal ownership is a significant event, you need to be prepared for it . You will have your own property, and if your safety is threatened, it can be changed.

Therefore, do not lose the opportunity to become the full owner of your own corner. We, in turn, wish you good luck in this difficult matter.

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The apartment has been privatized and the house is being demolished - as expected

What kind of apartment will they be given when the house is demolished if the apartment is privatized? To answer this question, you need to understand how, in principle, the decision to demolish is made and by what criteria such an action is considered possible.

However, we should not forget that a privatized apartment in a building for demolition cannot simply be taken away from its residents. Even the Basic Law notes that no citizen can be deprived of his home arbitrarily.

And, despite this, situations when the demolition procedure is necessary still arise, and it is in such cases that it is important to understand how to act if the house is demolished and the apartment is privatized.

Why is the house being demolished?

Relocation from a privatized apartment can only occur for serious reasons, which are determined by law. Demolition, of course, in the case of privatized housing will be recognized as such a basis if it itself meets certain requirements and has compelling reasons. At the same time, one must understand that no one can simply kick a citizen out onto the street if the house is being demolished and specific reasons have been established for this.

First, it is worth considering privatization itself. As a result of its implementation, it gave everyone who had a non-privatized apartment the opportunity to own housing, and therefore have the right to completely dispose of it.

Moreover, when the apartment is not privatized, each person is still entitled to compensation.

Of course, when a person had the right of ownership of their housing, then they are given much more by the state, but in any case, no one can kick citizens out even from demolished apartments onto the street.

Apartments during the demolition of a house can be deprived of their owners only if there are grounds for this.

The demolition itself is such a reason, but it is also carried out for certain reasons:

• the house is in such a condition that living in it is dangerous for the health and even the life of its residents;
• the house is located on a site that is necessary for a specific period for useful purposes and to meet public needs.

For other reasons, houses cannot be demolished, as this would be a direct violation of the rights of citizens to housing and its integrity.

When it is necessary to demolish a house for public needs, or it is dangerous for the lives of residents, the demolition can be carried out unscheduled, without waiting a period of one year.

 It is no coincidence that a year is given to prepare for the demolition procedure. Resettlement cannot be carried out urgently, only if demolition must be carried out immediately due to the poor condition of the housing.

In other situations, it takes time to prepare new housing for citizens, since they are required to provide new ones instead of demolished ones or receive compensation in monetary terms.

This will take time, since this issue will be dealt with by administrative bodies in each individual municipality. In addition, cases of litigation are not uncommon, as residents may sue the authorities, opposing the demolition of the house.

When the apartment was not privatized initially, and then a decision was made to demolish the house, then there is no need to carry out the procedure in question, especially when it comes to emergency housing.

In such situations, the main thing is to understand that if a person is evicted from an apartment that does not belong to him, and the relationship is regulated by a social tenancy agreement, then the new housing provided will automatically be issued in the same manner.

Rights of residents of houses subject to demolition

When it becomes known that at one time or another a residential building will be demolished, most of the residents begin to get nervous, because there is a belief that they will simply be kicked out onto the street. This is impossible. Laws that directly affect issues of housing relations say one thing: everyone has the right to own housing, its inviolability, and no one can be arbitrarily deprived of their apartment. Accordingly, demolition is not a specific reason for leaving a citizen without a roof over his head.

When citizens are forced to relocate, the authorities must compensate not only the lost apartment, but also all expenses incurred as a result of the move.

There are two options for citizens who find themselves in a situation with the demolition of an apartment building or other building.

They may demand from the authorities, and solely at their personal discretion, one of the following methods of compensation:

1. Cash payment. This is the most convenient option for the municipality, since there is no need to look for new housing, register it in the name of a citizen and carry out many other related procedures. However, this does not always suit the citizens themselves, since it is easier to move to a new apartment than to deal with the purchase of a home, which can take too much time.
2. Getting an apartment. This option seems convenient specifically for citizens, since the government simply transfers new housing to them under the same rights. At the same time, it must be fully consistent with what was before, of course, without any detected defects or emergency conditions. Such an event is considered problematic for some regions, since there are not always enough residential premises, especially those that must meet certain criteria. When it comes to the equivalence of apartments, what is taken into account first of all is the area of ​​the apartment, and not just the living area, which is recognized as a disadvantage, as well as the number of rooms, the improvement of the area and, of course, the locality.

Every citizen who falls under the house demolition program has the opportunity to demand from the authorities any of the proposed options. However, the process will always take into account the characteristics of the region and its housing supply.

If you pay attention to practice, most often the authorities offer money, since there are not enough apartments. This option is not the worst, but there is one drawback.

Most often, compensation is calculated in an amount that is significantly lower than market indicators; this will not allow you to buy a new apartment that corresponds to the one you had.

Lawyers advise that in order to avoid such problems, if the person nevertheless agreed to monetary compensation or there is simply no other option and you have to accept the money, contact independent appraisers. And if the authority refuses to accept the established price, then you can safely send an application to the court.

Moving procedure

When authorities determine that a particular house in a populated area is subject to demolition, it is necessary to carry out many procedures on their part. Moreover, everything is carried out by representatives of the municipality; citizens are only required to prepare for resettlement in a timely manner. First of all, it is necessary to remember that the authorities must send notifications to all residents of a particular building, which informs them about the decision made.

Notice must be given to all occupants of the building at least one year before demolition. Otherwise, the demolition will be considered illegal.

Special cases are those that involve a life-threatening condition at home. Usually these are structures that can collapse at any moment.

In such situations, the municipality must have temporary housing, which is provided to citizens, and resettlement is carried out immediately after the decision on demolition is made.

In the future, procedures will still be carried out to obtain compensation, replace housing or pay out funds.

It is worth mentioning separately about the one-year period. This period is determined so that each participant in the relationship in question can make a decision regarding further living in a new apartment or receiving money for it.

Speaking about the specific order of actions, it should be noted that preparation for demolition, the decision about it and subsequent actions can be conditionally presented in the form of several successive stages.

They are committed both by authorities and by the residents of the houses themselves:

1. Decision-making. This is carried out by authorized bodies, which, based on certain events, namely either the emergency condition of the house, which can be dangerous even for the lives of its residents, or in the case of public needs, issue an act containing information about the upcoming demolition.
2. Notification to residents. This stage is mandatory, since without it all actions will be considered illegal. Each person living in a particular house is sent a notice, which will confirm that all interested parties have been notified of the decision made.
3. Signing an agreement on the seizure of an apartment by authorities through redemption. At this stage, the owner himself contacts the authority independently and concludes an appropriate agreement with it.
4. Receiving compensation. Regardless of whether the owner is given a new apartment or money is paid, he can receive what is due to him within a year from the moment the notice was received. Relocation is possible even when the deadline for the demolition program has not arrived. If compensation involves the payment of money, then this should also include contacting specialists who will set the exact price of the apartment based on market indicators.

In individual regions, this list of actions may differ slightly; everything will depend on the procedure that is provided for in a particular locality.

If housing is not privatized

If the apartment has not been privatized, then the procedure itself will not differ much from that offered for owners. However, it should be understood that equivalent compensation will not be the provision of housing ownership due to inconvenience, but only a change in place of residence on previously established conditions. That is, everything is simplified for the authorities, since the apartments belong to them.

In the case of housing that has not been previously privatized, the person simply moves to another apartment, but the terms of the social tenancy agreement will remain.

 There is no need to be afraid that citizens will simply be kicked out onto the street just because the apartment does not even belong to them.

The authorities do not have the right to such actions, since even if not as the owner, the person still lives in the premises on the basis of an officially executed document, namely an agreement, which cannot simply be terminated.

At the same time, citizens still have the question of what to do in such situations, because not everyone always thinks about privatization?

There are only two ways out of the situation when the house is demolished but the apartment has not been privatized.

The tenant of the premises determines any of the options independently:

1. Getting another apartment. That is, the citizen will be presented with similar housing with the same area and number of rooms in the same city. The conditions are identical to those offered for owners. The only difference is the form of ownership of such an apartment. A person does not automatically become an owner; he only continues to use housing on the basis of a social tenancy agreement.
2. Implementation of privatization. Since a citizen has a year to make a decision regarding the fate of the apartment where he lives, the person may well carry out the privatization procedure. There is no ban on this, even when it comes to an apartment located in a building for demolition.

There are simply no other ways, and the law does not establish a mandatory action.

To understand which option is better, it is enough to turn to practice in such cases. The authorities that deal with privatization often refuse to carry it out, since they are embarrassed by the condition of the house.

In addition, it is important to understand that the privatization procedure is permitted only once. When it is denied due to the emergency condition of the house, in the future, even after receiving a similar apartment, it will be almost impossible to carry out the procedure in question.

Therefore, it is better to privatize the housing that was provided in connection with the demolition of the house.

Thus, when a house is demolished, each resident will be offered two options: a new apartment or monetary compensation.

The choice will rest on the shoulders of the citizen, and even if the apartment is not privatized, the person will still be offered alternative housing.

What kind of apartment will they be given when the house is demolished if the apartment is privatized?

Demolition of a house, if the apartment is privatized, requires providing all owners with another housing no worse than the previous one or paying compensation.

https://www.youtube.com/watch?v=Zw8JvuM4A8I

People must be resettled in accordance with the norms and requirements of the law.

The new apartment must match the size of the old one. If the apartment received in exchange for the apartment located in the building for demolition does not comply with the norms of housing legislation, its square footage or the redemption price is lower than that of the old one, then it is imperative to protect your rights in court. There are very clear legislative provisions on this matter, and there can be no free interpretation of them.

Reasons for demolishing houses

The reasons why a house may be demolished are divided into two main categories: either it is classified as unsafe, and therefore unsuitable for further habitation, or the land on which it stands is needed for some socially significant needs. In the second case, the house itself may well comply with legal standards.

It can be recognized as emergency on one of the following grounds:

• location in an area with an increased risk of natural or man-made disasters;
• due to a natural disaster, the house was seriously damaged, as a result of which living in it poses a danger to life and health;
• the roof, foundation or supporting structures are destroyed;
• constant exposure of residents to adverse health factors, such as electromagnetic radiation or constant noise (for example, location near an airport).

To begin the demolition procedure, an expert opinion will be required, drawn up after inspecting the house if any of the above is identified.

Either the authorities or the residents themselves can initiate an inspection, for which they will need to file a complaint with the municipality.

The decision on demolition, based on documents on the condition of the housing and expert opinions, is made by a special commission, after which its decision must still be approved by local authorities - they also determine the time frame within which the demolition must be completed.

For a building to be considered dilapidated, the degree of wear and tear of its structures, according to the law, must be 65% if the house is wooden, and 70% if it is brick or stone. This percentage is determined by experts only approximately.

Of course, there is no formula for calculating disrepair established at the legislative level, and therefore everything here will depend on the opinion of experts.

If demolition must be carried out because the authorities need the land on which it is located, a project for the construction of a socially significant facility must be in place to begin the procedure.

Legislative framework

Compensation to citizens during the demolition of housing is regulated by the Housing Code - if it was privatized, Article 32, and for non-privatized housing - Article 89. In addition, apartments provided instead of housing in the demolished building must comply with standard sanitary and technical requirements and regulations.

At the same time, the details of the housing issue during resettlement are transferred to the level of legislation of the constituent entities of the Russian Federation, and it is resolved in different ways - in some places local standards are clear and well-regulated, in other subjects one has to rely almost on the Housing Code alone.

What is due to the owner

Of course, the house cannot be demolished just like that, leaving the apartment owners on the street. Each of them is entitled to compensation: this can be either another housing instead of the lost one, or compensation in money, with which they can buy housing themselves.

So that they can make their choice and look for options, it is imperative to give written notice of demolition in advance - the minimum period for such notice is a year.

However, if the condition of the house is such that life is at risk and immediate relocation is required, this deadline may be violated.

If it is chosen to provide another housing to replace the demolished one, then this year is also required. At this time, another apartment should be found and prepared, which will be provided to citizens.

In addition, some residents may oppose the demolition and sue, defending their home, or believing that their rights were violated by providing an insufficiently good replacement apartment - and litigation also takes time.

Financial compensation

The owner can either move to an apartment chosen by the authorities, or choose another option - receive compensation for the cost of his housing in money, so that he can find a new one for himself.

Often the authorities themselves immediately offer money, since there are not always enough apartments for relocation, and rather than looking for them, it is often more profitable to simply compensate for the costs of independently searching for and purchasing a new one by citizens.

Other accommodation

The second option is that instead of an apartment in the building being demolished, the owner can be given another one. In such cases, citizens are often afraid to receive an apartment upon resettlement that is inferior in characteristics to the old one.

Since the legislation in some respects can be interpreted freely, sometimes this happens, for example, housing is provided in a remote area instead of the city center with the reference that resettlement is required urgently, and there is no other option yet.

But in all such cases, if the owner believes that his rights have been violated, he has the right to go to court and defend his rights in it.

What kind of housing will be provided is decided in agreement with the owner - this is a legal requirement.

No one is obliged to provide an apartment with a larger area than the resettled citizens had, and they often try to find exactly the same one. And besides, it is far from a fact that it will be located in a new building - secondary housing stock can also be used.

Note that the citizen is not given the opportunity to independently choose the location of the new housing - and if it is considered not very convenient, this is an important factor that may determine the choice of monetary compensation.

Rules for calculating compensation

The exact amount of payment is determined either by agreement of the parties or, if they do not agree, by the court. It should include both the market value of the apartment and compensation for the costs that a citizen will incur in connection with the purchase of new real estate and relocation.

If a citizen did not live in the house to be demolished, but rented it out, then he is still entitled to compensation for lost profits.

In general, it has been established that in addition to the cost of housing, the amount of compensation must also cover all other expenses that citizens will incur due to the fact that they will have to change their place of residence, including even the services of realtors.

However, everything looks so good only in theory, in reality, housing for demolition, of course, is not valued by the market as highly as an apartment in a building in good condition - as a result, sometimes clearly low compensation is offered, and it is possible to purchase living space of the same size for them is not possible, then you have to turn to appraisers, and then to the court to determine the fair amount of compensation.

Procedure

It all starts with a warning about demolition, which, except in emergency situations, must be given a year in advance. Before the expiration of this period, a repurchase can be made only if the owner agrees to this, and only then, if by the time of its outcome, agreement has not yet been reached, it can be carried out through the court.

During this time, the owner decides whether he needs to provide another housing as a replacement, or whether he prefers monetary compensation, and also prepares to move. In the first case, all you have to do is wait until the new apartment is received, then inspect it in the presence of authorized persons and sign the transfer and acceptance certificate - this completes the procedure.

If the owner chose financial compensation - either because he was not satisfied with the apartments offered by the municipality, or he already has housing and does not need another, then an application is drawn up to the municipality, which expresses the desire to receive compensation in money.

 If consent is received, a property transfer agreement is drawn up, the owner moves out and provides a calculation of compensation. The amount, in addition to an expert assessment of the cost of the apartment, includes the costs of moving, renting housing while looking for a new one, expenses incurred in connection with the move, and the like.

All of them must be confirmed by checks and other documents. The funds are then transferred to his account and the process is completed.

If the apartment is not privatized

If citizens live under a social tenancy agreement, when their housing is demolished, they are also required to be provided with another. The main difference will be that it will be provided under the same agreement, and not as property. In addition, tenants do not have the right to receive monetary compensation instead of other real estate, because they are not the owners of the property.

Housing requirements

According to Article 89 of the Housing Code, a comfortable premises must be provided, equivalent in area to the one that the citizen occupied before.

It must meet legal requirements and be located in the same locality. In some cases, housing may be provided in another locality, but only with the consent of citizens.

If those relocating were registered as in need of housing, then instead of an apartment of similar size, they may be provided with a more spacious room that meets the established square footage standards.

Registration procedure

With residents under a social tenancy agreement, when the house is demolished, this agreement is terminated, and a new one is concluded, according to which they can live in another apartment. Thus, the grounds for residence will remain the same, and if a citizen retains the right to privatization, then he will have the opportunity to privatize a new apartment.

When a house is demolished for renovation - how apartments are given to the owners

The renovation of Moscow housing is gaining momentum. Residents are interested in ways to obtain new apartments, options for registration and registration of living space.

What do you get if the house is demolished and the apartment is privatized?

Moscow authorities reassure those interested in what kind of apartment they will give during the demolition of a house if the apartment is privatized: regardless of living conditions and form of ownership, compensation will be the same. The new apartment will be no less than the previous one in terms of total area. Perhaps 20% more.

Additional documents may not be required. The Moscow authorities know exactly what the owner is entitled to when demolishing a house and provide compensation.

The procedure for providing housing to owners

Residents are required to provide housing of equal size in the former area.

Exact execution of the law is impossible, but it is beneficial for the tenant. The impossibility of precise execution is interpreted in favor of the citizen. He receives housing of a larger area; the procedure for resettlement during the demolition of the house has already been approved by the Moscow government.

There are three apartment options to choose from. According to the current procedure for providing housing, a migrant has the opportunity to refuse two apartments, but must choose the third.

Otherwise, the Moscow authorities independently determine new housing for people falling under the renovation program.

Rights of room owners in an apartment

What will they give for the room upon demolition? An apartment will be provided for the room.

Contract for the transfer of a privatized apartment

The government has determined the procedure:

It is required to confirm ownership of the area and transfer it to the state in accordance with the unsafe condition of the premises. The state is obliged to provide compensation. The amount of payment is specified in the contract.

Remember: the mayor is not interested in giving big money. It is necessary to confirm the high market value. This applies equally to shared ownership of an apartment and to full ownership.

What to do if the apartment is not privatized?

If a person lives under a social tenancy agreement, you can continue to live under such conditions. Compensation is also due in this case.

You will receive a property in which you will live in accordance with the terms of social rent. In the future, privatization of the issued apartment is allowed.

Is it possible to privatize an apartment that is about to be demolished?

In short, it is possible. The legislator considers apartment privatization to be the norm. Even in the context of ongoing relocation.

Some believe that privatization is impossible because the house is considered unsafe. The law sides with the citizen and he gets the opportunity to become the full owner of the property. The procedure is also determined by the legislator.

To privatize housing or not?

Despite the opportunity to become the owner of their own apartment, not everyone wants to privatize real estate in the new five-story building.

The main reason is that resettlement will in any case take place in accordance with the law. Everyone will be resettled, the decision has been made. Houses scheduled for demolition will be destroyed. Ultimately, all unsafe buildings will be demolished; compensation will be received not only by the owners, but also by those who use the social tenancy agreement.

Video – A lawyer will talk about the pros and cons of privatization

The apartment should be privatized if:

1. You plan to receive monetary compensation. Draw up the appropriate deed and become the full owner of the property. The state will issue funds in the same year. All property information is easy to fill out and our lawyer can help with this.
2. You are considering becoming a property owner for other reasons. Some wait a year, two, or even longer and do not become owners. Dismantling an old home is a sufficient condition to obtain a share or the entire home as your own.
3. You are planning a subsequent resale of the property.

In other cases, privatization is not recommended.

Important: the law prohibits the privatization of an emergency apartment. An exception is made for the renovation program.

How to privatize an emergency apartment?

The law determines the procedure for privatization of an emergency apartment:

1. You need to collect the necessary package of documents that confirms your rights to living space.
2. Then you obtain the permission of the people living in your premises. Including tenants. This is directly stated by the Civil Code and laws relating to renovation in Moscow.
3. In the case of a communal apartment, the procedure is approximately the same. Enlist the support of all residents of the communal apartment and everyone who is registered.
4. Write an application and pay the state fee. The law in force in the Moscow region may allow preferential conditions for young families.
5. With a completed application, go to Rosreestr, where you register the entire procedure.
6. After two months you need to pick up the documents.

Video - privatization of social housing, step by step

Choose monetary compensation or new housing

If it is necessary to register children or elderly people in the area, it is recommended to get a new apartment. The specific procedure is determined by law.

It is recommended to receive money if the apartment in a five-story building for demolition is not really needed. In this case, it is better to get money that can be used for various useful things.

Video – 1 million rubles per square meter

What can you get compensation for?

Renovation implies the opportunity to receive compensation if you get a smaller apartment.

Although the law stipulates that a person or family as a whole receives a property of equal size, sometimes this is not possible. For example, if a house is demolished in which the social housing standard is above average. There may not be such apartments in new buildings.

This is beneficial for immigrants from Tomilino or other areas. In fact, the citizen's personal account is increased due to Moscow's decision to destroy old houses. In new buildings the price per square meter will be higher.

Terms of payment of compensation

It doesn’t matter whether we are talking about the owner or rental housing, compensation is transferred within five working days. This is the developed standard, which is planned to be used in other cities and regions over time.

You should seek advice from the territorial body responsible for information support to the population. The state is responsible for the procedure.

Reasons for refusal to pay compensation

According to current legislation, compensation may be denied if:

1. The apartment is occupied by disabled elderly people or young children. There are recommendations to move such people to another apartment and register a share for them without waiting for the next move to a new apartment. No one is prohibiting the resettlement of such people. Including in the Moscow region and other distant regions.
2. The only housing under a social rental agreement. The state knows: you cannot live in a building and have the right to housing. Therefore, you can rely on the authorities. They will provide housing in the required sequence, which is determined by the resolution.

There may be other reasons. Among the displaced people there are stories about how they are moved to new buildings for far-fetched reasons, despite the established rules.

The procedure for providing new housing to replace demolished housing

How a house is evaluated: evaluation criteria

When relocating, the cadastral value of the apartment is taken into account, as well as additional factors such as completed major or cosmetic repairs.

Among displaced people there are complaints about a drop in the cadastral value of housing by several hundred thousand over the past year.

It turns out that the state underestimates the market value of housing.

Interdepartmental commission and its role

An interdepartmental commission under the district administration is considering who to resettle and who to leave alone.

Accidents, dilapidation of the house and other reasons for demolition are resolved here. The commission consists of representatives of the district administration, government agencies and other specialists.

Procedure for repossessing a house before demolition

The procedure is determined by the relevant resolution. The tenant writes a statement according to the established template, in which he transfers his apartment to the state in exchange for compensation or the provision of another equivalent apartment.

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What kind of housing will be provided upon resettlement, instead of a room (apartment) in a dilapidated building?

Let's look today at the issue of resettlement from dilapidated housing, and specifically, what kind of housing is provided during resettlement.

Old houses that fell under the “dilapidated housing” program are being resettled, some have an apartment in such a building, and some do not, and everyone is interested in the same question, what kind of housing will they be given, whether they have the right to reduce their living space, and much more. Today I want to answer these questions.

In the process of relocation from emergency housing, all tenants of municipal apartments (i.e. those residents whose apartment is not privatized) are provided with equivalent living space, just like for social rent.

And those residents (owners whose apartments have been privatized) may be provided with various options, everything will depend on the specific local relocation program.

According to the rules, during relocation, an exchange agreement must be concluded with all owners, according to which a new apartment (living space) is provided in place of the old one, and monetary compensation can also be given for an apartment in an old dilapidated building.

But the law also does not oblige the owners to be provided with residential premises of equal size (this guarantee is available only to those whose living space is rented, i.e. not privatized). It all depends on the terms of the contract: they will give you a living space that is smaller in size than the old one, or they will give you monetary compensation for the purchase of a new home (Articles 32 and 89 of the Housing Code of the Russian Federation).

Cash compensation is issued only if the owner wishes, but this compensation is usually issued by bank transfer and as a credit for the purchase of new living space (instead of the old one), but since the purchase of residential premises occurs under a purchase agreement, then the contract is a transaction that is agreed upon by the parties and, for example, if the owner has some other residential premises and he does not plan to purchase another one to offset the old one from which he is being relocated, then purely theoretically he can agree to receive monetary compensation in person and indicate this in the contract. But if you look at practice, it is much easier to go the other way, for example, before your house is moved out, you can find a buyer for your apartment and just one who will be interested in the conditions for resettlement and sell him the old living space at the price for which you will agree, but this must be done exactly before you receive notice of resettlement.

If the apartment from which you are being moved has been privatized, then you will not need to repeat the privatization process with a new apartment. All you need to do is conclude an agreement and then register ownership with Rosreestr.

Once you have received a certificate of ownership, you can sell your new apartment and do whatever you want with it, you have officially become the owner.

Registration of property rights will take you no more than 1 month, but how long the contract will be concluded depends only on the efficiency of the local administration, or more precisely, on how long they can move you to a new apartment.

As for the resettlement from communal apartments occupied by residents under a social tenancy agreement, what can they expect for what square meters?

This house is subject to demolition and you are offered a living space equal to the three rooms that you occupy but excluding utility rooms and common areas, citing the fact that you are not the owners.

Is this legal?

In accordance with Article 89 of the Housing Code of the Russian Federation, housing provided to a citizen in connection with demolition to replace the old one under a social tenancy agreement must be equivalent in area to the previously occupied residential premises.

But the current legislation does not contain a concept of what is included in the total area of ​​previously occupied living space in a communal apartment, and also does not regulate the procedure for determining the share of the area of ​​auxiliary use in a communal apartment attributable to persons occupying rooms in such an apartment under a social tenancy agreement. As the Presidium of the Supreme Court indicated, when considering a similar category of disputes in the case of recognizing a residential building as unsafe and subject to demolition and reconstruction, the Supreme Court indicated that to determine the area, the provisions of Articles 15 and 42 of the RF Housing Code should be applied in accordance with Part 1 of Article 7 of the RF LC . Since, in accordance with Part 5 of Article 15 of the Housing Code of the Russian Federation, the total area of ​​a residential premises consists of the sum of the areas of all parts of such premises, including the area of ​​auxiliary premises intended to satisfy citizens' household and other needs related to their stay in this residential premises. Exceptions are verandas, loggias, balconies, porches and terraces. Also, in accordance with Part 2 of Article 42 of the Housing Code of the Russian Federation, the share in the right of common ownership of common property in a communal apartment of the owner of a room in a given apartment is proportional to the size of the total area of ​​​​the specified room. Based on the content of the above articles, the Presidium of the Supreme Court indicated that the total area of ​​the occupied part of a communal apartment should include the living area of ​​the room itself, as well as the area of ​​auxiliary premises that may be located next to such a room and are used exclusively for servicing such a room, for example it can be pantry, as well as the share of the area of ​​auxiliary premises of the entire communal apartment as a whole (this is a kitchen, toilet, bathroom, etc.), which are used to service more than 1 room.

What package of documents do residents of a dilapidated building need to collect to move?

To conclude a contract for both social rent and a purchase agreement in another residential premises, a list of documents is provided.

For owners this is:

• Document confirming ownership;
• For persons who are still registered as needy and assume that they will be provided with increased living space, it is necessary to provide documents confirming that they do not have other residential premises on the right of ownership, this is an extract from the unified state register of rights to real estate and transactions with them, a document that the family is low-income and cannot purchase residential premises for personal use; for this, income certificates are needed;

For those who occupy premises under a social tenancy agreement:

• If they are applying for improved housing conditions, a certificate stating that they are registered as needy;
• Certificate of family composition, certificate in form 9;
• Also a certificate confirming that they cannot improve their living conditions on their own;

I hope I fully answered your question and this article was useful to you.