What should I do to have my house declared dilapidated? Accident criteria and recommendations for residents

Which house is classified as “emergency”?

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

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

Standard signs of a residential building being in disrepair:

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

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

Criteria for recognizing housing as unfit for habitation

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

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

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

Differences between dilapidated and emergency housing

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

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

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

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

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

The definition of “dilapidated” is not fixed at the legislative level. You can find more information in supporting documents, for example in "".

Consequences of declaring a house unsafe

Many residents of dilapidated houses are wondering: the house has been declared unsafe, what next?

The consequences for owners and occupiers vary significantly. If the house is declared unsafe and the apartment is privatized, then after a decision is made to declare the house dilapidated and subject to demolition, information about such a decision is communicated to the applicant, and then to all owners of premises in the house with a requirement to demolish the house at the expense of the owners.

If, within the stipulated period, the owners do not decide to demolish the house at their own expense, then the local administration issues a decision on the seizure of the site for local needs and sends an agreement on the seizure of the premises for local needs.

Important!

If the owner does not sign it within three months from the date of delivery of the agreement, the municipality has the right to file a lawsuit to evict the owner with the provision of equivalent premises to him.

Advance notice of an upcoming eviction is also provided to the tenant. The local administration sends a written notice of termination of the social tenancy agreement and a new social tenancy agreement in relation to the new property, since during demolition, new housing is provided to replace the dilapidated one.

Who decides whether a house is in disrepair?

In “, it is determined who recognizes the house as unsafe. This responsibility is assigned to a special interdepartmental commission. However, the initiators of the consideration of the case are the residents.

Interdepartmental commissions can be created with the approval of:

• federal executive authorities,
• executive authorities of a constituent entity of the Russian Federation.
• local government authority.

It matters what kind of property the housing premises belong to.

In order to recognize a house as unsafe and unfit for habitation, residents must apply to a commission formed by the authorized body.

It is advisable that the owners of the premises, at their own expense, ensure that an independent examination is carried out. The conclusion of such an organization will be useful if residents need to prove the illegality of the conclusions of the interdepartmental commission.

Percentage of depreciation of a house to recognize it as unsafe

To achieve recognition of a house as unsafe and to obtain new housing, it is necessary to study the signs of unsafe housing. The main indicator for declaring a house unsafe is not the percentage of wear and tear, but the general condition of the house, the safety of its supporting structures and the microclimate of the house.

This is important to know: Rules for maintaining common property in an apartment building

According to housing legislation, the reasons for declaring a premises unsuitable for housing is the existence of detected harmful factors in the human environment that interfere with ensuring the safety of life and health of residents due to:

1. deterioration due to physical wear and tear during the use of the building as a whole or its individual parts of operational parameters, entailing a reduction to an unacceptable degree of reliability of the building, strength and stability of building structures and foundations;
2. changes in the environment and microclimate parameters of residential real estate, which is an obstacle to ensuring compliance with mandatory sanitary and epidemiological requirements and hygienic standards regarding the presence of chemical and biological substances potentially hazardous to humans, atmospheric air quality, background radiation levels and physical factors, the presence of sources of noise, vibration, electromagnetic fields.

Important!

That is, the quantitative indicator of the percentage of wear in this case does not matter. The commission declares the house unsafe based on an expert opinion, which reflects the condition of the technical elements of the building and a conclusion regarding the suitability of the property for habitation.

In this article, we examined the nuances of declaring a residential premises unsafe and unfit for habitation, including the procedure, grounds and timing of such recognition.

ATTENTION!

Due to recent changes in legislation, the information in this article may be out of date!
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Step-by-step process for recognizing housing as unsafe

The entire procedure can take several months, and sometimes drag on for a couple of years. To save time, interested citizens should find out in advance what documents are needed to recognize housing as unsafe:

1. Application for recognition of the apartment building as unsafe and subject to demolition/reconstruction.
2. Conclusion of a specialized organization that conducted the MCD examination.
3. Copies of title documents for housing: extracts from the Unified State Register of Real Estate, purchase and sale agreements.
4. Conclusion of the design and survey organization based on the results of the study of enclosing and load-bearing structural elements.
5. Letters and complaints about unsatisfactory living conditions.

Documents can be submitted in person, sent by mail or uploaded using

Before recognizing a house as unsafe, the commission reviews the appeal within 30 days. As a result, a decision is made in the form of a conclusion on the compliance of the house with the established requirements or on conducting an additional examination. If any documents are missing, the application will be returned.

When there is no need for additional research into the characteristics of the building, the commission decides on reconstruction, demolition, or that there are no grounds for recognizing the house as unsafe. Depending on the situation, the conclusion may even be transferred to the prosecutor's office.

The general procedure for recognizing a house as unsafe includes the following steps:

1. Review of the application and accompanying documents.
2. Determination of the expert composition for the MCD examination.
3. Measures to assess the suitability of residential premises for permanent residence.
4. Drawing up by the commission a conclusion and an inspection report of the house.
5. Making a decision and transferring its copies to the applicant and the owner of the apartment.

The commission determines whether further use of the premises is possible, sets deadlines for the resettlement of individuals and legal entities if the house is recognized as unsafe and is being prepared for demolition or repair and restoration work.

Dilapidated and emergency housing, concept and signs

Dilapidated condition of housing - when a building ceases to meet the standards and requirements of operation due to physical wear and tear.

Signs of disrepair:

• Wear for stone houses is more than 70%
• For wooden houses and attics over 65%

At the same time, the main frame of the building remains strong, the load-bearing walls are also not destroyed, but according to living standards, such housing is already considered dilapidated.

Dilapidated houses or apartments are buildings in which there are dilapidated structures that act as load-bearing structures .

Important! A dilapidated house and a dilapidated house are different concepts. Dilapidated housing does not pose a threat to the lives of residents as such, since the load-bearing walls remain strong, but in an emergency situation the opposite situation arises, a threat to life for residents

In order to recognize housing as unsafe, you need to know the criteria that it must meet:

1. Load-bearing walls are an important component; there should be no cracks, destruction or damage
2. The improvement of the apartment should not pose a threat to the lives of residents; it is impossible to demolish load-bearing walls or make openings where they are not supposed to be
3. The apartment must be provided with electricity, gas supply, heating, ventilation, hot and cold water), which meet sanitary and epidemiological requirements.
4. External structures of the house (external walls) must provide thermal insulation (at least 18°C ​​in winter).
5. Protection from penetration of rain, melt and ground water.
6. Availability of an elevator in houses with more than 5 floors.

Residents' rights

Residents of a building slated for demolition are divided into two categories:

1. Owners. For privatized apartments, there are schemes that determine what the owners should do if the house is declared unsafe. Most often, the owner is offered equivalent housing. This means that the area and number of rooms should be similar. Another option is for the owner to take the redemption price. If it is not possible to find an equivalent apartment or the proposed objects do not meet the owner’s requirements, he receives the cash equivalent of housing (). The amount includes the market price of the premises, moving and paperwork costs, and lost profits.
2. Tenants are persons living in non-privatized apartments on the basis of a social rental agreement. If the rented premises are considered unsafe, the tenant has the right to receive a replacement that will meet the established requirements and be located within the locality. Its operation will be carried out under a social rental agreement.

Thus, the legal status of residents matters in their resettlement.

Pros and cons of emergency housing

Features of relocation from emergency buildings

To effectively resettle citizens in the regions, databases are being created that record information about dilapidated and emergency residential properties. Regional resettlement programs are developed taking into account federal regulations, such as. The document determines the dynamics of development of the housing sector in Russia.

Many citizens believe that they will definitely be provided with improved housing. However, the conditions must be at least equivalent to those in the emergency room.

Recently, “wave migration” has been occurring. This phenomenon does not affect all houses. The essence of the idea: apartment buildings for residents of dilapidated buildings will be built using budgetary and investment funds, and comprehensive development will begin on the vacated land.

If citizens do not agree to resettlement and refuse monetary compensation, forced eviction is provided with the provision of temporary housing from the regional or municipal fund.

General aspects

In the Russian Federation, a program for the demolition of dilapidated housing has been operating for quite a long time. But due to the rather slow implementation of the program, a small number of citizens were resettled.

In accordance with the terms of the program, resettlement occurs as follows:

1. Formation of a regional program, the goal of which is to eliminate dilapidated housing.
2. Creation of a list of emergency and dilapidated housing.
3. Making a decision on the complete demolition of the house or its reconstruction.
4. In the event of the proposed demolition of a building, searching for equivalent living space.

As a rule, living space is selected in the same place where citizens previously lived.

But at the request of citizens and on the basis of an application received from them, a decision can be made to relocate to another place of residence.

Every citizen has the right to clarify information about the inclusion of his home in the list of emergency housing.

To do this, you need to go to a special government website. Instead of new housing, the owner of the emergency premises may be given compensation.

But it must be borne in mind that relocation due to a house in disrepair is in no way a way to improve living conditions. When allocating housing provided, the area of ​​the previous home is taken into account.

And the citizen will receive exactly as many square meters as he had. And no accounting standards play a role here.

If a person wants to get housing of a larger area, then he will have to pay for the extra square meters with personal funds. As for the type of housing, there are also no strict parameters.

These could be apartments in new buildings or secondary real estate. The main requirement is that the housing provided should not be in emergency condition.

Basic Concepts

When it comes to housing accidents, two main definitions should be distinguished. This housing is “unsafe” and “dilapidated”.

This is by no means the same thing, as some ill-informed citizens think. Depending on the official status of the building, what consequences will occur.

The main difference is that residents from a dilapidated building must be resettled, while those from a dilapidated building should not. A building is considered unsafe if it is unfit for habitation in principle.

That is, there are structural deformations, the house is located in a dangerous area, or sanitary requirements are seriously violated.

Living in a dilapidated house is dangerous. In some cases, if a house is recognized as unsafe, urgent resettlement of citizens and demolition of the building is required.

Dilapidated housing cannot be called comfortable either. But living there is not life-threatening.

Even if the house is recognized as 70% dilapidated, but there is no threat of destruction or the living conditions do not threaten the health of citizens, then there are no reasons for urgent resettlement.

That is why many houses in terrible condition continue to be used, waiting until they are recognized as unsafe.

Building evaluation criteria

The grounds for recognizing housing as unsafe are given in Decree of the Government of the Russian Federation No. 47. These are:

This is important to know: Minutes of the general meeting under 217 Federal Law: sample

Not the entire apartment building, but only part of it, may be considered unsafe. For example, a separate residential premises is recognized as unsafe due to the failure of the interfloor ceiling.

Legal standards

The problem with dilapidated and dilapidated housing in Russia is very acute. For this reason, since 2010, according to the Presidential Decree, a targeted program “Resettlement of citizens from emergency housing stock” has been in effect.

Initially, the program was scheduled to end in 2015, but it was later extended until September 31, 2017.

Further, the program will continue its operation within the framework of regional programs. The main goal of the program is the resettlement of citizens from housing that does not meet safety standards.

By virtue of Article 14 of the Housing Code of the Russian Federation, declaring housing unfit for habitation falls within the competence of local government bodies.

Thus, citizens have the right to demand that local authorities inspect their housing if there are grounds to recognize it as unsafe.

New housing

A building declared unsafe is subject to demolition, but what then are the citizens who previously lived in it left with?

One of the possible options is that they can be relocated to another place by participating in a relocation program for emergency housing. It came into force on January 1, 2021 and allows many people to find new, secure housing by providing them with subsidies and favorable rental contracts. Program conditions vary slightly from subject to subject.

At the same time, there are no plans to resettle dilapidated houses, because in most cases repair work can be carried out in them, which will significantly improve the condition of the premises and extend its service life. Only residents of those buildings that will soon be demolished will be resettled because they pose a threat.

Important!

To find out whether his home is participating in this program, a citizen must contact the Local Government Administration of the city in which he lives. Resettlement does not always occur with money from the state treasury. It can also be paid for by the Local Government Administration, sometimes with the help of investors.

In addition, a person who does not want to wait for relocation under the program can try to resolve the issue on his own by filing a lawsuit in court, demanding the provision of safe housing to replace the existing unsafe one.

A citizen who chooses this method can count on a room whose area is no less than the area of ​​the previous one, and the number of rooms in which, again, is no less than in the previous housing.

A person may refuse to receive housing and receive a certain amount of money instead.