Recognition of a house as unsafe and subject to demolition

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Inspection of the premises for accidents is carried out either in order of priority, or at the request of the residents of the house. In the latter case, you will need to prepare and sign such a document, and then send it to the appropriate authority. Read this article about what exactly you need to write, how to draw up an application, where to send it and what documents to attach.

How to write correctly

The application form is quite simple. This document should contain the following information:

• The name of the authority to which the application is sent. If there is no specialized organization in the locality, you must indicate the name of the local administration.
• Information about the applicant and his status.
• The address of the house you need to check.
• List of documents attached to the application.
• Signatures of persons submitting the application.

It is best to collect the signatures of all interested owners or tenants, but you can get by with just one family.

Sample application for recognition of a house as unsafe

The requirement must include the following information:

• name of the authorized body;
• applicant details;
• contacts for communication;
• Title of the document;
• a request to recognize an apartment building as unsafe;
• enumeration of applications;
• applicants' signatures;
• date of.

Important! If the requirement is collective, then the residents’ signatures can be placed on a separate sheet.

Sample application to the interdepartmental commission to recognize a house as unsafe

Sample application for recognition of a house as unsafe

If a local government authority refuses to assign a house emergency status, then it is necessary to go to court.

What documents need to be attached to the application?

Considering the fact that a significant part of the powers under the emergency housing resettlement program is delegated to the region, the list of documents may vary somewhat, depending on the locality. However, an average list might look something like this:

• Passports of all signatories of the application (copies).
• Title documents (copies).
• Extract from the Unified State Register of Real Estate.
• Evidence that the house is in disrepair.

Formally, the last point should be “obtained” by an interdepartmental commission. She hires specialists to carry out the inspection. However, more often such documentation is requested from residents. If there is no opportunity or desire to hire experts at your own expense (no one will compensate for these costs), then you can at least provide written evidence of problems from the majority of the residents of the house. In such documents it is necessary to describe in free form what the emergency situation is and how unbearable it is to live in such a house.

List of documents for recognizing a house as unsafe

The list of documentation for the application is established by Decree of the Government of the Russian Federation of 2006 No. 47 :

• identification document of the applicant;
• copy of title documentation;
• reconstruction project for non-residential premises (if it is planned to reconstruct non-residential premises into residential premises);
• conclusion of the expert commission on the need for demolition/absence of the need for demolition;
• conclusion of the design and survey organization;
• statements and complaints from citizens about the unsatisfactory condition of the house.

The Commission independently requests a number of data from the competent authorities as part of interdepartmental cooperation.

How long will it take to consider the application?

Depending on the workload of the administration, internal regulations and many other parameters, most of which are unknown to anyone except the administration management, an application of this type will be considered within a period of 5 days to 1 month. For about another month, a commission will be formed and work will be done to check the house for damage.

Further, after receiving the commission’s decision, the local administration must make a specific decision within 30 days and notify the residents of the building about it. Only then does the house, provided that it has been declared unsafe, be placed in line for relocation. And this queue can last from several days to several years.

If residents, for some specific and valid reason, do not agree with the decision of the commission and the administration, both regarding the unsafe condition of the house (if it was not recognized as unsafe) and regarding the timing of relocation, then they can file a lawsuit and demand or forcefully recognize the house as unsafe order or move it to an earlier date in the queue.

What documents are needed?

A mandatory addition to the application to the commission is a list of documents in accordance with Government Decree No. 47.

The applicant must prepare:

• written application in the prescribed form + consent to data processing;
• copies of passports;
• title documents for residential premises - for example, a certificate of inheritance + a document on registration of ownership (certificate or extract from the Unified State Register of Real Estate);
• certificate of residence (form No. 9) - usually this is an extract from the apartment register;
• act-conclusion of the design and survey organization - if such a conclusion is included in the list of mandatory documents for a particular region (clause 3, clause 44 of Regulations PP No. 47).

The appeal, not from the citizen himself, but from his representative, will require, in addition to the available documents:

• passport of the authorized person;
• a notarized power of attorney issued in the name of the representative - indicating the authority to perform legally significant actions with the note “submitting applications to government and other institutions.”

Please note that it is not necessary to provide a registration certificate and other documents for a damaged house. Officials will request information about this themselves. However, it is better to clarify this point with representatives of the municipality in your city. Usually the information is posted on the administration’s official website in the “Documents” section.

Sample statement of claim for recognizing a house as unsafe

Such a statement of claim is filed in court on behalf of the residents of the house. Usually it is enough for only a few of them to be plaintiffs, but collective applications can often be found. The claim contains information about:

• Plaintiff/plaintiffs.
• The defendant.
• The essence of the situation and the problem that has arisen.
• All evidence from the residents of the house is provided.
• A specific requirement for the administration is indicated.
• Date and signatures are affixed.

Not only does the resettlement program vary from region to region, but it is also full of unclear language, which dramatically reduces the ability of residents to achieve their rights. At a free consultation, experienced lawyers will tell you what and how best to do and in what order. They can defend the interests of their clients both directly when contacting the administration and, if necessary, in court.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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How to apply for recognition of a house as unsafe?

As mentioned earlier, a house may be declared unsafe based on the results of a scheduled inspection, or unscheduled - at the request of one or more residents. If the house is considered unfit for habitation, the owners will be included in the regional program for resettlement from emergency housing. Instead of old apartments, they will give new ones, or pay monetary compensation to everyone.

If you don’t want to wait for a scheduled inspection of the condition of an apartment building, it is better to submit an application immediately.

Where to contact?

The application is submitted to an interdepartmental commission, which includes employees of the housing inspection, the Ministry of Emergency Situations, and other departments. If there is no such commission in the region, you should contact the housing department of the municipal administration.

Important! You can submit an application in person to the commission or administration, through the MFC, by Russian Post or through State Services.

Contents and sample application

The application form must be approved by the administrative regulations of the municipal authority. You can view it on the administration website. But there are general points that must be completed in any case:

1. Where to submit the application: name of the interdepartmental commission, address.
2. Information about the applicant: full name, residential address, passport details, status (owner or tenant).
3. Address of the residential premises to be checked.
4. Description of submitted documents.
5. Date of compilation and signature.

Note: the application can be signed by several owners. At the end there is usually a detachable part where the incoming request number, receipt details and the applicant’s signature on its receipt are indicated.

Sample application

Consultation on document preparation

Documentation

Other documents must be submitted along with the application:

• passport;
• extract from the Unified State Register of Real Estate;
• the document on the basis of which the right of ownership arose: a contract of sale, exchange, donation, rent, certificate of inheritance;
• conclusion of the experts who examined the house.

Legal advice: if residents have previously filed complaints about the unsatisfactory condition of the house, it is also advisable to submit them along with other documents.

Elena Plokhuta

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

The house has been declared unsafe and subject to demolition, what next?

If a verdict is reached that the house is in disrepair, residents have the right to receive other housing under a social rental contract. The new premises must be equal in area to the previous one and meet all requirements within the boundaries of the locality. Resettlement does not contribute to improving living conditions. Regardless of the number of registered people, you will be given exactly the same apartment for temporary residence while restoration work is being carried out.

Deadline for residents to move in

What to do if the building is declared unsafe? How soon should they be resettled? The current legislation does not say anything about the timing of resettlement and the provision of another apartment during the period of major repairs. This is the main disadvantage. Expect additional benefits? There is none of them. There is a waiting list according to which new apartments are provided. But you can protect your own rights in accordance with the Housing Code of the Russian Federation if:

• We received an apartment whose area is smaller than the previous one;
• The market value of the apartment is less than the previous one.

Judicial practice shows that in such situations the court makes a decision in favor of the citizens during the proceedings.