How to receive compensation for emergency housing for construction and purchase of new

What does the Emergency Housing Law say about compensation?

According to Part 6 of Art. 32 of the Housing Code of the Russian Federation, if housing is recognized as unsafe, the owner is entitled to equivalent compensation. The same applies to the forced seizure of a land plot for municipal needs by court decision. If there is no other housing in the property, the owner can live in the old house for no more than six months from the date of provision of compensation, unless other conditions are established by agreement between him and the municipality.

Some people mistakenly believe that only the cost of damaged and dilapidated housing or land is compensated, but this is not so. In the review of judicial practice approved by the Presidium of the RF Armed Forces dated April 29, 2004. It is stated that the following are subject to reimbursement:

The market price of a home excluding its dilapidated condition.
The cost of the land plot on which the house is located.
Losses caused to the owner in connection with a change of residence: reimbursement of expenses for renting an apartment, moving, searching for living space.

Residents of apartment buildings are compensated for the cost of shares in the ownership of common property and land plots, as well as contributions for major repairs that have not been made.

Note: if emergency housing is included in the regional resettlement program, the owner has the right to demand a redemption price or the allocation of a new apartment. If the house is not included in the program, compensation is paid.

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Procedure and rules for relocation from dilapidated and emergency housing

In addition, housing must be comfortable and located within the boundaries of the locality of his residence. An exception may be cases where the tenant himself has agreed to provide him with housing in another place.

For the owner

Often, local government officials commit abuses when assessing the cost of emergency apartments, thereby violating the legal rights of citizens. In this connection, the supervisory authorities took control of the assessment.

Municipal owners of the house or residents who live in it on the basis of a social tenancy agreement. This agreement is concluded between a citizen and a local local self-government body.
Owners who have undergone privatization of dilapidated housing, as a result of which they have registered their ownership of it.
Owners of rooms in communal apartments and dormitories located on municipal land.

Tenants of housing that is later recognized as dilapidated or in disrepair have the smallest list of possibilities. In this case, citizens are required to enter into a new lease agreement with the municipal government or have the right to refuse further rental if the residential premises do not meet the conditions for comfortable living. Based on this refusal, they are obliged to provide the tenant with an alternative accommodation option, otherwise all issues will be resolved in court.

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Program for resettlement of owners from emergency housing in 2021

The premises do not meet sanitary standards.
The house was seriously damaged by natural disasters and earthquakes, which cannot be corrected by repair work.
The apartment is located in a place where there is a high risk of a man-made disaster.
Structural elements of the room are damaged or their strength is reduced.
The foundation and walls were destroyed.
Loss of housing due to fire, when it is no longer possible to restore it.

This legal act provided for the introduction of amendments to the Housing Code of the Russian Federation, which clarify the competence of state authorities and municipal bodies on issues related to the recognition of residential real estate as unsuitable for citizens, residential multi-apartment buildings as unsafe, as well as their major repairs or reconstruction.

Is compensation due for dilapidated housing?

Dilapidated and emergency housing are completely different concepts. Dilapidated means a dwelling in unsatisfactory condition, if living in it does not pose a danger to the residents. He does not participate in the resettlement, and compensation cannot be received.

Emergency premises are recognized as unfit for habitation by decision of the administration after inspection by an interdepartmental commission. It consists of employees of the Ministry of Emergency Situations, the town planning committee, the housing and communal services department and other departments. Based on the results of the examination, a report and a conclusion are drawn up. Based on the decision of the administration, people are resettled or a redemption price is paid.

Is it possible to register in emergency housing?

Redemption price of emergency housing

Amendments

The federal law introduces a special mechanism for attracting investor funds to finance projects for the integrated development of urban areas. This refers to subsidies for individual developers who have signed agreements with the local administration on the integrated development of territories, to compensate for the costs incurred to fulfill obligations to purchase new housing for residents of dilapidated buildings or to pay monetary compensation.

Attracting investors

Changes in the law establish the rule for the intended use of land plots for emergency resettlement. In the seized territories, it is possible to place only healthcare facilities, social services, education and enlightenment, public utility facilities, public administration, parks, green areas, public gardens, the arrangement of areas for physical education, housing, the construction of which is realized at the expense of the budget.

First, let's answer the question - who benefits from such renovation? Local officials and construction companies will be able to earn their dividends from this. In general, everything will be great for developers - instead of building economy-class housing in residential areas, it will be possible to start costing concrete anthills 30 floors high in historical city centers. Moreover, these will already be business-class houses with more expensive apartments and commercial real estate.

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And what do we get now? According to the new law on renovation, within 45 days, by decision of the local authority, you will be forcibly evicted from your apartment and shown where your new housing is on the outskirts of the city, again forcibly re-registering your ownership of it.

From 2021, property rights are significantly limited in Russia. Now any owner of an apartment or house living in the central part of any city in the country can at any time be asked to pack up their belongings and move to a new apartment of equal space, which the local government will provide in return for the one being seized.

Currently, only housing that was recognized as dilapidated and in disrepair before January 1, 2012 is eligible for relocation. Anything that acquired this status later is not included in the state program. Individual cases will be reviewed by the commission.

Who pays for the demolition?

According to Part 10 of Art. 32 of the Housing Code of the Russian Federation, payment for the demolition of a dwelling unsuitable for habitation rests with the owner. The corresponding requirement is sent by the administration after the property is declared unfit for habitation. If it is not fulfilled, they may be forced to demolish it through the courts.

If this requirement is not met within the established time frame, the land plot and the premises located on it are confiscated for municipal needs with payment of the redemption price.

Legal advice: it is better to comply with the administration’s demands in time and demolish everything. If this is done forcibly by a court decision, you will have to pay much more, and the procedure will be accompanied by bailiffs. In addition to payment for the work, a performance fee will also be charged.

Elena Plokhuta

Lawyer, website author (Civil law, 7 years of experience)

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Amount of compensation for housing: calculation

To calculate compensation for the demolition of a private house, you need to add up several parameters:

The market value of the home and land.
Expenses associated with a change of residence.

Example. The Galperin family lived in a private house. It was declared unsafe and ordered to be demolished. The market value of the house according to the assessment results was 3,000,000 rubles, the plot - 1,500,000 rubles. The family needed somewhere to live after the demolition until they received compensation, so they rented an apartment. 90,000 rubles were spent on rent, 10,000 rubles on moving.

How much did the municipality pay in total?

3,000,000 + 1,500,000 + 90,000 + 10,000 = 4,600,000 rub. – total amount to be paid.

If the garage is demolished

Often, garages are also built on the same site as residential premises. Their cost is also taken into account when calculating the redemption price. This also includes other non-residential buildings: in Art. 35 of the Constitution of the Russian Federation states that the forced seizure of any property of citizens for the needs of the state or municipality is possible only subject to preliminary and equivalent compensation.

Is the tenant entitled to compensation when liquidating dilapidated housing?

The tenant under a social tenancy agreement has the right to apply only for new housing under a similar agreement. He does not own the house and no refund will be given.

How is the amount of compensation determined?

The cost in determining the amount of compensation is determined by the municipality. The owner's property is considered from the point of view of its market value. In practice this means that:

Equivalent housing in different regions is priced according to local prices.
If the house is old, the amenities are relative, the premises themselves clearly require serious repairs and are dangerous to life, it cannot be valued highly on the market. This means that the payment amount will be small, and it will not be enough to purchase another home.

Of course, many will consider this option unfair, but such amounts are usually enough for a country house, or living in a cheaper region.

If people are not satisfied not only with the proposed housing, but also with the compensation, the municipal committee has the right to go to court and through it carry out an eviction, forcing them to recognize any of the options as suitable in court. But to do this, the services first need to prove that the solution they offer fully compensates for all the homeowner’s expenses, namely:

living space;
expenses for searching for space to live;
purchase costs;
moving process.

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When living in a dilapidated house, it is beneficial to receive compensation even if there is another living space. At the same time, the authorities often agree to cash payments.

If a citizen believes that he is being offered unequal opportunities, he can also seek an increase in compensation for housing through the court. To do this, it is necessary to have in hand documentary evidence of an independent examination that established the market value of the apartment as higher than what municipal services did, and a full argument for such a conclusion.

When moving, the owners are also entitled to compensation, but only for expenses associated with the relocation process itself. Usually, local authorities, instead of payments, carry out organized relocation, creating a schedule when one of the apartments is transported by some kind of transport, and provide loaders for this time, hiring in the relevant services or simply sending their own workers from the economic departments.

How to get compensation for dilapidated housing?

To receive a subsidy for a dilapidated home, you must first recognize it as unsafe. Without this, no payments will be made.

What the procedure looks like step by step:

An application is submitted to the administration.
An examination is being carried out.
An inspection report and a conclusion are drawn up.
The municipality makes a decision to declare the home unfit for habitation.
An application for compensation is submitted.
An agreement is concluded with the municipality.

Note! An examination of the home’s compliance with established safety requirements is mandatory. It can be ordered before contacting the administration, and the conclusion can be submitted with the application. This will speed up the process a little.

Step 1: Apply

The application is submitted to the administration at the location of the dilapidated home. After this, an interdepartmental commission is formed that conducts the examination.

Contents and sample application

The application form may be established by regional legislation. Typically it contains the following information:

Full name, passport details, address of the owner.
The name and address of the government agency to which the documents are submitted.
Address, cadastral number, area of the house, number of rooms.
Request for consideration of the issue of recognizing the house as unsafe for living.
Description of submitted documents.

At the end there is a date of compilation and a signature.

Sample application

Consultation on document preparation

Documentation

Along with the application, the following is submitted to the municipality:

passport;
technical plan;
cadastral passport;
an extract from the house register about the number of registered persons.

If a preliminary examination was carried out, an evaluation report is attached. Copies are made of the documents and the originals are returned to the applicant.

Step 2: conducting an examination

The examination is carried out at the stage of inspection of real estate by an interdepartmental commission. Its current condition and damage are determined. All deficiencies are recorded in the act on the basis of which the conclusion is drawn up. It also reflects the market value of the house and land.

Step 3: obtaining a conclusion

One copy of the conclusion is issued to the owner, another is sent to the administration. By decision of the municipality, the house receives emergency status and is included in the resettlement program, or the owner is paid the redemption price.

Step 4: Submitting a Compensation Claim

Having received a notification that the home has been declared unsafe and about demolition, the owner needs to submit an application for compensation to the administration.

Contents and sample application

The application must be drawn up in at least two copies. One is transferred to the municipality, the second with a mark of acceptance remains with the owner.

What information is indicated in the application:

Full name, passport details, residential address of the applicant and his family members.
The name and address of the institution to which the document is sent.
Request for a refund.
Date compiled and signed by all family members over 18 years of age.

Sample application

Consultation on document preparation

Step 5: Concluding an Agreement

The owner is sent a draft agreement, which establishes the procedure, amount and timing of payment of compensation. If he is satisfied with everything, the document is signed.

Contents and sample agreement

The repurchase agreement is drawn up in at least three copies. One remains with the owner, the other - in the administration, the third is sent to Rosreestr for re-registration of ownership.

What information is indicated in the agreement:

Data about the parties to the transaction: administration and citizen.
Date and details of the decision.
Address of the house, area, number of rooms, cadastral number.
Area, cadastral number of the land plot.
Information about citizens living with the owner.
Size of the redemption price.
Payment term and procedure.
Deadline for vacating the residential premises by the owner.
Signatures, date of compilation.

Sample agreement

Consultation on document preparation

Documentation

To enter into an agreement, the owner must submit:

passport;
extract from the Unified State Register of Real Estate;
registration certificate;
cadastral passport;
title document.

The title document can be: a contract of sale, gift, rent, exchange, or a certificate of inheritance.

Step 6: Receive compensation for the demolition of a private house

The money is transferred to the citizen's bank account. The payment period is determined by the agreement, usually 7-10 days from the date of signing.

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Other

What to do if you are not satisfied with the compensation amount

If the owner has received a draft agreement, but is not satisfied with the monetary compensation specified in it, there is no need to sign anything. You can try to resolve this issue peacefully by submitting to the administration a conclusion on the cost of living space and an application for payment of an amount that suits you.

If the administration refuses to meet the owner halfway, the redemption price can be challenged in court. If the claims are successful, the municipality will have to pay the amount specified in the decision.

Relocation of owners from dilapidated housing: judicial practice

Most often, people seek compensation for land when demolishing an apartment building if the administration constantly postpones the resettlement deadlines and fails to fulfill its obligations. There are also disagreements regarding the amount of payments.

Let's consider several decisions on real cases of recovery of compensation from the municipality:

Collection of the redemption price of an apartment and a share of the land plot (Decision No. 2-1404/2018 2-49/2019 2-49/2019(2-1404/2018;)~M-1432/2018 M-1432/2018 dated February 6, 2019 . in case No. 2-1404/2018). The claims were satisfied.
Collection of the redemption price (Decision No. 2-1376/2019 2-43/2020 2-43/2020(2-1376/2019;)~M-1277/2019 M-1277/2019 dated February 10, 2020 in case No. 2 -1376/2019). The requirements are fully satisfied.
Collection of compensation (Decision No. 2-1284/2019 2-37/2020 2-37/2020(2-1284/2019;)~M-1184/2019 M-1184/2019 dated January 21, 2020 in case No. 2- 1284/2019). The requirements have been satisfied.

Do I need to pay a tax on emergency housing?

Property tax is paid by the owner for the period before entering information about the termination of ownership rights in Rosreestr. For example, if the premises are recognized as unsafe in April 2021, and the ownership is re-registered to the municipality in September 2021, the tax is paid in 2021 and 2021. until December 01.

If compensation is provided under the resettlement program, the citizen must pay personal income tax in the amount of 13% of the payment amount. You can take advantage of a tax deduction in the amount of RUB 1,000,000. or deduct from income the amount of expenses incurred to purchase real estate.

Lawyer's answers to private questions

How is compensation paid for a house and land if they are shared ownership?

The amount of payments is determined in proportion to the size of the shares.

What to do if you cannot get a resolution from the administration to demolish dilapidated housing?

It was declared unsuitable a year ago, but there is no further movement. It is necessary to file an application with the court to declare the administration’s inaction illegal. The court will oblige the municipality to make a decision on the demolition of the emergency housing within the established time frame.

What kind of emergency housing is required if it is not privatized? Is it possible to receive compensation if I did not manage to privatize?

Only owners are entitled to payments or new apartments. If a person lives under a social tenancy agreement, he is provided with premises under the same agreement.

Is the administration obliged to compensate the cost of fruit-bearing trees that grow on my site? The private house has been declared unfit for habitation.

All property located on the land plot is considered the property of the owner. By law, compensation must be paid.

I wrote an application for compensation for the land during the demolition of an apartment building, then changed my mind and decided that it was better to get a new living space. Is it possible to withdraw an application?

It is possible if the agreement has not been signed. If the agreement has already been signed, all that remains is to challenge it in court, and it is unlikely that the claims will be satisfied.

The current situation in Russia

The court decision indicates the redemption value that is paid to the owner. Today, the number of similar legal disputes and proceedings is due to the fact that regional and local authorities deliberately lower the purchase price of housing.

Provision of housing under a social tenancy agreement

The President of the Russian Federation instructed to resettle all citizens living in dilapidated housing stock by 2021. The mechanism began to work: state resettlement programs were additionally financed, plans and queues were drawn up.

Example. A resident of Yakutsk appealed to the court with a demand to provide equivalent housing to her property instead of the one in disrepair. However, the local administration decided to issue monetary compensation. A representative of the local government explained that the resettlement deadline had already passed, and the woman refused the offered housing. But the apartment was smaller and had a corner location. There was also doubt about the sanitary condition - there was mold on the walls. The courts of 1 and the appellate instance ruled in favor of the local administration. But the Supreme Court protected the interests of the applicant. The apartment was not recognized as equivalent. Therefore, the administration's decision to pay compensation was challenged.

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The destruction of housing leads to a threat to the life and health of citizens. If the owners of private houses are personally responsible for the safety of their homes, then the owners of apartments in apartment buildings can count on government assistance. To do this, it is necessary to recognize the house as unsafe. As a result, all residents will be relocated from emergency housing to new apartments.

Necessary conditions for resettlement

Under the old legislation, the owner of an apartment in disrepair has the right to receive residential premises free of charge. The apartment must be fully equipped (have water supply, sewerage, central heating).

May 07, 2021 semeiadvo 468

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