Application form for recognition of premises as residential premises, residential premises suitable (unsuitable) for living in the territory of the Southern Administrative District of Moscow

Grounds for declaring residential premises unsuitable

The beginning of the procedure is based on the identification of harmful factors that pose a threat to the life and health of citizens, preventing them from ensuring their safety, due to the fact that:

• due to physical wear and tear, the operational characteristics of the premises have deteriorated
• the environment and microclimate parameters of the premises have changed, which does not allow compliance with sanitary and epidemiological requirements and hygienic standards

An apartment building may be considered unsafe due to its poor technical condition. Due to the recognition of an apartment building as unsafe, the residential premises in such a building are unsuitable for living (more details on the website at the link).

The procedure for declaring residential premises unfit for habitation

There is Decree of the Government of the Russian Federation dated January 28, 2006 No. 47 on how to recognize housing as dangerous for living. The procedure is as follows:

1. To begin with, the owner or other person can file a complaint about the unsuitability of housing to the housing inspectorate. You can immediately submit an application to the administration in order to conduct a housing inspection by an interdepartmental commission
2. further, an interdepartmental commission, created to inspect the premises for their suitability for habitation, assesses the housing for compliance with the requirements that apply to residential premises and makes a decision on its suitability or unsuitability for habitation
3. the commission draws up a conclusion and draws up an inspection report of the premises
4. based on the results of the work of the commission by a state body. authorities or local government makes a decision on the suitability or danger for habitation of housing
5. one copy of the decision is given to the applicant

Housing is unsuitable for living, how to get a new one

There are a large number of residential buildings in the country, living in which is dangerous for humans. In order to recognize an object as unsafe, dilapidated or unfit for habitation, a commission is assembled. Experts decide on further actions regarding the property and decide whether to repair or demolish the building.

If a house is recognized as unsafe and is included in the resettlement program, the owners of apartments in this building can gradually prepare to move. But, if the condition of the house is deplorable, and the house is not recognized as unsafe and the program does not apply to it, the owners of the living space have many questions about their further actions.

Real estate properties located in various cities and towns of the country have been in operation for several decades. Over time, the deterioration of buildings becomes significant; major repairs are required for further use. Often such measures are considered ineffective, and the building is subject to resettlement and demolition.

Real estate objects whose condition is at a critical level are divided into three categories:

• Objects unsuitable for habitation. The basis for declaring a residential premises unfit for habitation is the presence of identified harmful factors in the human environment that do not allow ensuring the safety of life and health of citizens.
• There is currently no concept of “dilapidated housing” in legislation, but the term itself is found in various teaching aids. This category includes buildings that are already significantly worn out, but, nevertheless, the supporting structures of which have retained strength and stability. The condition of these buildings is already close to emergency.
• Housing is considered unsafe if it requires urgent major repairs. After completion of the work, people can live in such houses for some time, but in the near future the building must be occupied and demolished.

The legislation of the Russian Federation only stipulates the concept of uninhabitable housing. Categories of emergency and dilapidated real estate are mentioned in conversations, correspondence, and unofficial documents. It is believed that such houses can be used for some time. In accordance with current legislation, only a separate apartment in a residential building can be recognized as unfit for habitation; a residential building can only be recognized as unsafe, while all apartments in a given building are recognized as unfit for habitation.

Each piece of real estate - apartment, room, residential building - has a unique cadastral number. His fate is decided by a special commission. Accordingly, residents receive official documents and plan their further actions.

Documents for recognizing housing for demolition

To recognize housing as unsafe for living, the following documents are provided to the commission:

• application for recognition of housing as unfit for habitation
• copies of title documents for housing, if the right is not registered in the Unified State Register of Real Estate

If an apartment building is recognized as unsafe, which entails the recognition of housing in such a building as unsuitable, it is also necessary to provide an additional document, such as a conclusion from a specialized organization that conducted an inspection of the apartment building.

If it is necessary to recognize the housing as not meeting the established requirements, then a conclusion from a specialized organization that conducted an examination of the enclosing and load-bearing structures of the housing is also provided.

In addition, at the discretion of the applicant, statements, letters, and complaints from citizens may be provided stating that the living conditions in a particular house are unsatisfactory.

The procedure for recognizing housing as unsafe, unfit for habitation and subject to demolition

1. Suitability of the house for human habitation.
2. Classification of a building as dilapidated is based on the deterioration of a number of elements, but maintaining the overall integrity of the house (the need for major repairs or reconstruction).
3. Unsuitability for human habitation - recognition of housing as unsafe with subsequent liquidation.

Composition and work of the commission

• copies of passports;
• copies of powers of attorney - when delegating powers to one representative;
• applications from residents to recognize the house as unsafe and subject to demolition;
• information about the right of ownership or rental of residential premises: certificates, extracts from the Unified State Register of Real Estate, title documents, for example, an act of privatization of an apartment;
• registration certificate for a residential property, cadastral documents;
• reports of previous inspections and independent examination of the house - attached for the last 3 years;
• acts of conclusion of city services - Ministry of Emergency Situations, SES, Housing Supervision, etc.

The issue of resettlement from emergency housing in 2021 is regulated by Decree of the Government of the Russian Federation No. 47 and programs that are adopted at this level. Also, the nuances for this program are spelled out in Federal Law No. 185 of February 21, 2007 “On the Fund for Assistance to Housing and Communal Services Reform.” The last time changes were made to such a program was in 2021.

How to draw up an application to declare an apartment unfit for habitation?

The application form can be accepted or a sample developed in the state. authorities or local governments. If such a form is not available, then when preparing the appropriate application, indicate the following in it:

• To whom the application is addressed, as a rule, it is written to the interdepartmental commission
• from whom the application is being submitted is required to indicate the full name, place of residence, telephone number, they may also be asked to provide passport details
• title of the document - statement
• the text of the application sets out the circumstances of filing such an application and a request to consider the issue of declaring the housing unfit for habitation or to evaluate the housing for suitability for living in it
• The appendix lists the attached documents
• the application must contain the signature of the applicant

HEALTHY:

The procedure for recognizing a house as unsafe

The following parties can start checking the house for wear and tear percentage:

• residents;
• fire department;
• responsible persons from Rospotrebnadzor;
• municipality, which is responsible for the control of houses in the entrusted territory.

Next, the responsible persons identify the degree of accident. A decision is issued declaring the house unsuitable for further residence. If, despite clear indicators and the results of the examination, the administration does not provide new housing, you can apply to a judicial body with a class action lawsuit.

How to declare a house uninhabitable

According to Chapter IV of Government Resolution No. 47, the following procedure is established:

1. Residents write a collective statement to the administration about moving out of the house.
2. On its basis, a commission of experts is formed, which assesses the general condition.
3. A conclusion is drawn up, a copy of which is given to the applicants.
4. The decision is made on average within 5 days.
5. When a house is deemed unfit for habitation, residents will be moved out within 2 weeks. But often the period drags on to several months.

To fill out, you can use a sample application that includes the following information:

• address of the house with information about the applicants;
• a request for relocation with a description of the damage and deterioration;
• list of documents used as applications;
• applicants' signatures.

List of documents

To obtain the status of unfit housing the first time, attach a list of documents:

• application from residents;
• copies of civil passports;
• title documents;
• expert opinion;
• complaints about contents and harmful conditions filed previously.

The commission will also require additional information in order to make a final decision. They are properly executed and must have the seals and signatures of responsible employees.

Inclusion in the demolition register

If a house is deemed unfit for further habitation, you need to find out when it is planned to be demolished. Information can be obtained from the department of architecture or from the local administration. Plans for demolition and construction are several years in the making. Information is updated promptly. Typically, when a home is vacated, tenants receive notice.

Deadline for providing new housing

After the expert opinion is issued, the house is entered into the regional resettlement register. It is placed according to the queue. Each authority can set its own resettlement periods. In the event of an emergency, residents are evicted immediately, after which keys to new apartments are issued in a short time. In other cases, the period is determined by the availability of priority and new housing stock.

Attention! The eviction of all residents is carried out within 12 months after the building is declared unsafe, unless immediate eviction is planned.

Consequences of recognizing residential premises as dilapidated or unsafe

The consequences of declaring residential premises unfit for habitation are the following:

1. termination of the rental agreement , if any
2. Owners of unsuitable housing have the right to receive another housing instead of the one being seized or to receive compensation for the housing that is being seized . At the same time, in individual municipalities, different practices are developing in the issue of providing other housing in place of the seized one, namely, as part of the resettlement program, new apartment buildings are built, and for some, new housing is simply provided in exchange for the demolished one, and for others, new housing is provided, but with the obligation resettled citizens make an additional payment for new housing, the cost of which is greater than that which is recognized as unsuitable
3. if housing in a dilapidated apartment building was purchased after the building was declared in disrepair, then the persons who purchased the housing have the right to compensation in the monetary equivalent of compensation

State bodies The authorities of the constituent entities of the Russian Federation may establish additional support measures in the event of recognition of housing for demolition.

Recognition of a private house as unfit for habitation in 2020

This program for resettlement from emergency housing should be implemented by employees of the main executive body separately by region. Each of them has its own programs, which are created on the basis of local laws. They must correspond to and clarify the main federal project.

Housing in return

The grounds for recognizing an apartment building as unsafe and subject to demolition are given in the Regulations, in particular, in paragraphs 34, 36, 38. For example, apartment buildings with deformations of foundations, walls, load-bearing structures and a significant degree of biological damage can be recognized as unsafe and subject to demolition. damage to elements of wooden structures, which indicate the exhaustion of the bearing capacity and the danger of collapse, apartment buildings located in areas that are annually inundated with flood waters and in which it is impossible to prevent flooding of the territory using engineering and design solutions, etc.

Also, the local self-government body can buy from the owner real estate that has been declared unfit. With the proceeds, the owner will be able to purchase a new home that will fully meet his requirements.

After the decision on resettlement is made, residents receive notifications. They indicate the period during which they must leave the premises. By law, the period is no more than 5 days. Government agencies have the right to extend it. The maximum period of resettlement is one year.

Arbitrage practice

Initially, it was planned to provide people with living space within 8 years. But during this time, the authorities did not have time to fully implement the program’s objectives. In this regard, it was decided to extend it until 2021. But an additional 7 years will not bring the desired result, so it is still in effect and will be completed in 2021.

If the house is recognized as an emergency facility, the lease agreements are automatically terminated and the rental relationship is terminated. If there are problems, the contract can be terminated after applying to the court. The commission's decision can also be challenged in court. Most often, such a need arises if the executive body has come to the conclusion that the further use of residential premises is possible. Within 5 days after the formation of the operative part, the commission informs the applicant about the essence of the decision made. If the house is subject to demolition, a copy of the decision is also sent to the government agency that implements the function of housing supervision.

Housing lawyer in Yekaterinburg

It can be difficult for an ordinary citizen to ensure that his home is designated for demolition. The housing lawyers of our Law Office “Katsailidi and Partners” are always ready to help in resolving the issue of declaring housing unsuitable, if it is such. When you seek help from our lawyers on this issue, you can count on:

• for consultation on the issue of repossession of a house due to dilapidation and (or) disrepair
• examination and evaluation by a lawyer of documents related to housing
• preparation of an application for recognition of dilapidated housing or a house in disrepair
• representing the interests of the principal in government bodies, local government, and, if necessary, in court
• appealing actions, decisions of authorities, local government
• collecting the necessary documents for demolishing the house and providing decent monetary compensation in return
• provision of other legal assistance

The concept of accidents in a residential building

A building that was erected a long time ago and due to wear and tear or poor condition poses a danger during long-term residence is recognized as emergency. The breakdown of a residential building is a consequence of increased wear and tear of materials and structures. It is also recognized at prohibitive noise levels. Sometimes materials are used for flooring and wall materials in which the levels of harmful components are exceeded. And this always has a negative impact on the general condition of people.

Housing will be provided only if a decision is made that it is impossible to continue living in the house. According to Art. 16 Federal Law No. 185 uses a special resettlement program.

According to Decree of the Government of the Russian Federation No. 47 of January 28, 2006, only a house whose general condition is dangerous for the continued presence of people can be recognized as unsafe. More than half of the structures are worn out. This status is assigned by an interdepartmental commission working under the municipality. Independent examination cannot be considered the basis for granting status. Load-bearing structures are subject to change under the influence of not only natural wear and tear, but also external factors.

If no measures have been taken to strengthen the structure for a long period, the original strength is lost. As a result of the conclusion of the interdepartmental commission on the recognition of the house, emergency citizens are offered housing in new houses.

Criteria for recognizing a house as unsafe

The following criteria are determined when a house is recognized as subject to resettlement:

• wear exceeds 70%;
• sanitary standards are not met and cannot be met without relocating residents and major reconstruction;
• the building is located in an area of ​​disaster or weather disasters;
• the house was partially destroyed as a result of exposure to the elements or fire;
• There is a busy highway nearby, creating increased noise.

Attention! If there is no central water supply or sewerage system, the house is not considered unsafe. This is also impossible if the room is smaller than the standards established for each family member. If such circumstances cannot be corrected, residents will be resettled on a different basis.

What is the difference between emergency housing and dilapidated housing?

The concept of emergency fund is established by law. This is a collection of premises of an apartment building that is subject to demolition based on issued orders. The local administration must provide information about the recognition of the building as dilapidated or unsafe. The object is checked by a commission based on the submitted application. Existing damage and serious breakdowns are taken into account. Since there is no special formula or methodology, each object is considered individually.