What is the difference between the demolition of a private building and an apartment building?
Many people know what demolition is. Is there a difference between the liquidation of a private house and an apartment building? Let's consider this issue in more detail.
The work to clear inhabited land plots in the private sector of the city has its own assessment nuances, as well as some features of the procedure itself.
The fact is that such a territory provides people not only with housing, but also with land. For this reason, the resettlement of residents and the dismantling of buildings cannot begin until the fall, when the harvest and sale of the harvest comes to an end.
Usually, owners decide to demolish their house if its maintenance begins to require a large amount of money, as well as their own efforts. Some people do this regularly when they live there permanently. However, when the amount of hassle begins to exceed the level of benefit many times over, the house, as a rule, is demolished.
When demolishing a private house, a certain procedure is provided and you should not clear the land yourself, since unauthorized actions of this nature can lead to certain consequences.
What is the demolition of multi-apartment residential buildings (for example, five-story brick buildings)? Such an action is carried out in accordance with Part 10 of Article 32 of the RF Housing Code. This regulatory legal act states that a building recognized as unsafe is subject to dismantling or reconstruction within a certain time frame. At the same time, only a special commission can recognize a house as unsafe.
There are situations when homeowners do not perform either one or another action with the building within the established time frame. In such a situation, the land located under the building is subject to seizure for the needs of the municipality. All living spaces in the building are also confiscated. The only exceptions are those that are owned by the municipality. The above-mentioned article also clearly states how such a procedure should be carried out.
Thus, we can conclude that homeowners must demolish the dilapidated building themselves, otherwise the state will do everything. However, it is worth noting that the demolition must be sanctioned by the city administration, otherwise the action will be considered illegal.
Read about when the demolition of five-story buildings of non-destructible series 1-510, 1-515 and brick houses with code 1-511 and 1-447 will take place here.
Accommodation rules
The resettlement procedure is carried out in the manner and within the time frame approved by the municipality. Under no circumstances should the rights of residents be violated.
Notification
According to Article 32 of the Housing Code, residents of a dilapidated building are required to be notified of the results of the technical examination, the decision made and the timing of resettlement. Citizens receive the first notification by mail, and representatives of the administration bring the second one to their home for signing.
Information contained in the notice:
- estimated completion date for demolition and resettlement;
- the conditions under which new housing will be provided;
- procedure for registering property rights.
Solution
The final decision is made by an interdepartmental commission based on the conclusion of an independent expert commission on the condition of the building. The decision of the interdepartmental commission and the expert opinion are transferred to the municipality, which issues a decision on reconstruction or demolition.
Changes in the law
In recent years, significant changes have been made to legal acts on the issue of resettlement. In particular, the housing presented to the owners has a higher price than the one that was alienated. Previously, owners were required to pay 13% of the difference in the cost of new housing from the old one. According to recent news, the Ministry of Finance has eliminated this requirement.
Preferential categories of citizens
In rare cases, the state provides tenants with free financial assistance - a housing subsidy for the construction or purchase of their own house or apartment.
This takes into account the number of citizens living in municipal housing.
It is possible to resettle citizens from municipal apartments to new ones provided on the basis of free ownership in relation to the following categories:
- WWII veterans;
- military personnel;
- employees of internal affairs bodies;
- combatants;
- employees of departmental and law enforcement agencies;
- low-income citizens and their families;
- judges.
What kind of housing is subject to liquidation?
As mentioned above, a decision on whether to demolish an object or not can be made by a special commission. It meets by decision of the authorities and local self-government. The decision is made only after all the documentation and technical condition of the property have been studied. To do this, they often use the services of expert companies.
The decision to dismantle is made if one of the following conditions is present:
- the level of technical condition of the building is unfavorable or poses a danger to people living in it.
- The land occupied by the building is planned to be used to meet the needs of the administrative territorial unit.
- Immovable properties recognized as dilapidated are subject to demolition.
Such housing may be recognized as such for the following reasons:- natural wear and tear, reducing the level of reliability of the structure and its parts;
the location of the house in an area where frequent natural disasters occur.
Important! This list is incomplete and the full list can be seen in Decree of the Government of the Russian Federation No. 47.
Read about what the program for eliminating dilapidated and emergency housing is here.
Why is it profitable to order demolition of buildings from our company?
- Our own fleet of equipment, which includes more than 20 units, which can work simultaneously at one site or at several sites.
- The presence of landfills where waste of hazard class 4-5 is processed, cooperation with Moscow sites for the storage of construction waste.
- The specialists working in our company provide a full range of services, from drawing up projects to removing objects from cadastral registration.
- Providing services 24/7 without holidays and weekends.
- Working closely with supervisory and inspection authorities makes it possible to quickly resolve all issues that arise during the dismantling of buildings and structures.
- Affordable prices, individual approach to customers, taking into account all the client’s wishes.
- A team of qualified specialists with extensive experience in successfully performing dismantling work.
By contacting a representative of our company, you can find out more about the terms of cooperation, current prices, payment methods, and deadlines for completing work!
Procedure for preparing emergency facilities
The commission mentioned above evaluates the building based on a statement written by the owner. This is done in accordance with the requirements specified in Decree of the Government of the Russian Federation No. 47, from which a decision is made in the manner prescribed in paragraph 47 of the same Regulations.
During the assessment of the building, compliance with the requirements is checked:
- the actual condition of the house is taken into account;
- The technical condition of all building structures and the residential building as a whole is also assessed;
- the degree of resistance to fire, the conditions for ensuring the evacuation of residents in the event of uncontrolled burning, as well as compliance with various sanitary and epidemiological requirements and hygiene standards are taken into account;
- The commission also takes into account the level of substances with potential danger, such as chemicals;
- The air quality inside the home, radiation levels and physical sources of noise are assessed.
Thus, the commission tries to study the maximum amount of information and make the most objective decision regarding the recognition of the building as unsafe and its demolition.
Where can I find out about upcoming changes?
When residents hear rumors about the demolition of the house in which they live, citizens try to find out the exact date of the dismantling.
Such a desire is quite understandable, because no one wants to suddenly find themselves on the street one fine day.
For people who find themselves in a similar situation, there are several options for obtaining such information:
- The most popular way is to obtain information on the management company’s website. As a rule, its employees try to post all reliable information regarding the house under their jurisdiction.
- If such information is not available on the official website, you can ask a question on a special forum directly to the head of such a company.
- In order to obtain information regarding the demolition of a house, you can visit the official website of the Housing Fund.
- good sources of data on demolition.
Important! If the residents of the house use the methods listed above, they will automatically save themselves from the need to sit through endless queues at the BTI.
Read about what to do if your housing is declared in disrepair here, and about whether a dilapidated apartment can be sold and what documents are needed to register such housing are described here.
Who is demolishing the building?
As mentioned above, before demolition of an emergency real estate object, such a procedure must be authorized by local government authorities by issuing a corresponding requirement. After this, the demolition of the building should be carried out by the person who is the owner of the particular building.
In this case, everything must be done in accordance with Part 10 of Article 32 of the RF Housing Code. The fact is that after the authorities have issued a demand for demolition to the owners, the house must be dismantled within a time limit set by them. If a situation arises in which the owners of the building did not demolish it and reconstruct it within the prescribed time, then the land located under the building is subject to seizure to meet the needs of the municipality. The authorities are also confiscating every last apartment located in a residential building.
The only exceptions are residential premises owned by the municipality of education. Such actions are carried out in strict accordance with parts 1 -3, 5 - 9 of Article 32 of the RF Housing Code. Thus, it will not be possible to prevent the demolition or reconstruction of dilapidated housing, under any circumstances.
What does the destruction process look like in the photo?
What do they give in return to owners of dilapidated housing?
When a residential building is dismantled, a large number of its former residents actually remain on the street. However, there is an option to obtain living space to replace that lost in a demolished building. A similar process is stipulated in Article 89 of the RF Housing Code:
- If you believe the established standards, then people who become owners of housing under a rental agreement move to the same living space, which is not inferior in size to the previous ones. In this case, the new housing must be located in the same locality. The price of the property is not taken into account.
- In such a situation, the owners are offered to buy the property, but the price is reduced. This is due to the desire of investors to save some money. For this reason, many citizens refuse this deal. For such comrades, the only way out is relocation (read about the nuances of relocating from dilapidated housing, if you have an apartment and in other cases, here, and how not to be left at a loss when relocating is described here).
- A citizen is usually offered several apartments to choose from. An exchange or purchase and sale agreement must be signed. At the same time, they receive ownership of the new apartment.
Thus, a person is only required to decide whether he will buy a new apartment or receive it in exchange for the old one.
Let's watch a video on this topic:
The state is doing everything possible to ensure that Russian citizens live in serviceable houses. It is for these purposes that timely demolition or reconstruction of emergency housing is carried out. However , people left without an apartment are not thrown to the mercy of fate. They can receive new property free of charge if this housing was lost due to the demolition procedure.
Advantages of mechanized demolition
Dismantling buildings using excavators and other units has a number of advantages. For example, thanks to these hydraulically driven mechanisms, it is possible to dismantle brick walls up to 30 meters high (depending on the length of the boom). The excavator can be equipped with hydraulic shears, which are optimal for dismantling structures made of both brick and reinforced concrete. Having brought the jaws of the hydraulic shears onto the wall being destroyed, the operator compresses their jaws through the force of the hydraulic cylinder. As a result, the material crumbles and collapses. Walls can also be destroyed with a breaker grab, significantly increasing the speed of work.
The use of mechanized demolition means provides the following results:
- quick completion of tasks (important if you have to close the street for work);
- moderate fuel costs for an excavator;
- no need to use cutters or manual labor;
- safety subject to the conditions specified in the technological map;
- the ability to quickly demolish tall buildings.
The generated waste is loaded manually or using forklifts into vehicles, which take it to a landfill for subsequent disposal.