Determining the suitability (unsuitability) of a house or apartment for living

Suitability of the apartment

The expert conducted a thermal imaging examination of the external load-bearing and enclosing structures of the house around the windows of the apartment under examination and significant heat losses were recorded due to insufficient thermal insulation of the walls.
This defect causes additional heat energy consumption in the winter on the one hand and overheating of the walls in the summer, as a result of which it affects the microclimate inside the apartment. As a result of deviation from the requirements of the project, the thermal insulation of the apartment is compromised, since cold air from the junction of the roof and the brick walls of the building freely penetrates to the insulation, as a result of which a dew point forms in the thickness of the slab insulation, it gets wet and loses its heat-insulating properties.

Interdepartmental commission for recognizing housing as unsafe: composition, functions, dispute resolution

• representatives of the locality administration;
• employees of the department of architecture, urban planning;
• meeting of deputies;
• department of supervisory activities;
• representatives of the Ministry of Emergency Situations;
• Rospotrebnadzor department;
• BTI employees;
• Chairman of the HOA, cooperative, management company.

1. A certificate issued by local authorities (self-government bodies) about the condition of the house.
2. Statement.
3. Technical plan of the residential premises owned by the applicant, issued by the BTI. It must indicate the degree of wear and tear and the residual value of the premises on the day of the applicant’s application.
4. Inspection reports of residential premises, which are usually carried out by the owner and a representative of the HOA or management company over the past 3 years.
5. Legal documents. This could be a certificate of ownership, an inheritance under a will, a purchase/sale agreement, a gift, an exchange.

Maternity capital: suitability of housing for living

The commission can conduct a housing assessment without the presence of the owner, for example, at the request of the Pension Fund. The commission documents its decision on the suitability or unsuitability of housing. Only on the basis of this decision can the Pension Fund recognize the housing as unfit for habitation and refuse to pay maternity capital.

It should be remembered that the suitability of a house for habitation is assessed not only by the percentage of wear and tear. The commission pays attention to the following points: year of construction, presence or absence of damage (for example, cracks in the walls), availability of electricity, heat and water supply.

Confirmation of the unsuitability of the house for habitation

Only a commission specially created by the local government can declare a premises or building unsuitable and make a decision to resettle residents and provide them with other real estate in return. The decision is made by the majority of its participants and is recorded in documents.

However, the owner can challenge this decision in court. In this case, he needs to contact our bureau, which will conduct a study of the object and make a decision based on the study. If, as a result of an independent expert assessment, the housing is unsuitable for habitation, the commission’s decision is declared illegal and cancelled.

You can contact our experts by phone with our experts, get a complete free consultation on the issue you are interested in and discuss the time for the work to be completed, its timing and cost, as well as find out other details that interest you.

Recognition of housing as unfit for habitation

In January 2013, I applied to the interdepartmental commission of the city of Blagoveshchensk with an application to recognize my apartment, located in an 8-apartment wooden building built in 1955, as unfit for habitation. At the same time, she provided the necessary package of documents, including an expert opinion on the unsuitability of the apartment. My family lives in the apartment under a social tenancy agreement; the tenants privatized the remaining 7 apartments. The commission has already received two replies, in which they require me to provide an expert opinion for the ENTIRE house, which I cannot do, because... I don't own the entire house. It is not beneficial for the municipality and commission members to recognize our house as uninhabitable. Time passes and the commission does not give a specific answer. Can I apply to the court with a request to have my housing declared unfit?

We recommend reading: Sample apartment rental agreement between individuals for 11 months

By Decree of the Government of the Russian Federation dated September 4, 2003 N 552, the Regulations on the procedure for recognizing residential buildings (residential premises) as unfit for habitation were approved. It provided for the creation by executive authorities of a constituent entity of the Russian Federation of an interdepartmental commission (or commissions operating on the territory of one or more municipalities).

Independent examination of the suitability of an apartment or the condition of a house

The decision to recognize the premises as suitable (unsuitable) for habitation, and the residential building as unsafe, can be appealed by interested parties in court. In order for residents or owners to have the opportunity to present their objections and defend their rights and legitimate interests, it is necessary to have justification.

An examination of a residential building as unsuitable for habitation and an apartment building as being in disrepair and subject to demolition is appointed during the legal process by a court ruling, or is carried out in response to requests from citizens to substantiate their claims in conflict situations.

Decree of the Government of the Russian Federation of January 28, 2006

18. The permissible height of an operating residential building and the floor area within the fire compartment, which is part of the common property of the owners of premises in an apartment building, must correspond to the class of structural fire hazard of the building and the degree of its fire resistance established in the current regulatory legal acts, and ensure the fire safety of the residential building premises and the residential building as a whole.

An application submitted in the form of an electronic document is signed by the applicant with a simple electronic signature, and the electronic documents attached to it must be signed by officials of the bodies (organizations) that issued these documents, enhanced by a qualified electronic signature (unless otherwise established by the legislation of the Russian Federation for signing such documents type of electronic signature).

When does the question of recognizing a construction project as residential arise?

We list the main life situations when you may need an expert opinion on the suitability of your construction project for habitation:

1. Obtaining permanent registration. In a house located in SNT (garden non-profit partnership).

This case is perhaps the most common, since many people build country houses for permanent residence, and they definitely need to register in this house.

2. Commissioning of a residential building.

In this case, the expert opinion is a document confirming the compliance of the constructed capital construction project with the requirements of technical regulations and confirming suitability for habitation.

3. Elimination of a technical error. In the BTI technical passport or other documents for the facility.

It also happens that during cadastral registration or when drawing up a technical passport, the relevant authorities make mistakes: for example, a house or premises is residential, but in one of the documents its purpose appears as non-residential. This misunderstanding is easy to correct if the error is detected immediately. However, in most cases, this defect emerges much later - after months or even years. In this case, unfortunately, you have to prove the actual residential purpose of the property.

How to recognize a house as unsafe

1. The location of the house in an area where there is a high risk of landslides, mudflows, avalanches, and floods.
2. The house is located in an area with a high probability of destruction due to a man-made accident.
3. The facility is located in an area where an AC power line is located nearby.
4. Housing is damaged as a result of a geological event (fire, explosion, etc.), if the building cannot be restored.
5. The house is located next to a highway, where noise levels exceed permissible standards (limit - 55 decibels).
6. The building is located next to the area where garbage chutes are flushed and cleaned.
7. The standards of the sanitary-epidemiological service and hygienic requirements have not been met.
8. Serious deformation of the foundation or other structural elements has occurred.

1. Submit an application to the commission, which will ultimately give an opinion. It will be reviewed by a representative of the authorized body within 30 days. In special cases, the procedure time will be reduced to 1 day.
2. Gather your documents.
3. Order an examination, after which a decision will be made within 5 days.

Objects unsuitable for habitation include:

• engineering equipment and the state of structures of which are recognized as emergency;
• sanitary and hygienic conditions of which have irreparable violations;
• not meeting regulatory requirements for the degree of improvement;
• with inflated indicators for the accumulation of biological or chemical substances, noise or vibration levels;
• located in areas close to power lines;
• damaged after man-made disasters, fires, accidents;
• next to which there is no possibility of fencing from highways, etc.

In this case, individual situations are considered in each specific case. So, for example, objects that are not connected to utility networks may be declared unsuitable for housing. At the same time, the absence of a centralized water supply is not considered a sign of unsuitability, and if the house does not have a sewerage system, it may well serve as a reason for being considered unfit for habitation.

Important!

The same applies to the study of individual apartments. For example, housing that is located next to a garbage chute, above which there are bathrooms or a forge, located above sewer drains cannot be considered suitable.

Recognizing the suitability of a home

The suitability of a house can only be determined by an expert with certain qualifications and special knowledge. The main direction of our company in relation to recognizing the suitability of a house is to draw up an appropriate conclusion to assess the compliance of a house in operation with established requirements based on checking its actual condition.

• Justification of the suitability of a house for living in the SNT gardening for changing the status from non-residential to residential for the purpose of registration at the dacha or for the purpose of approving a transaction for obtaining maternity capital;
• Recognition of the status of “residential and safe house” after the construction of a house without permission - self-building;
• Recognition of a dilapidated house as unsafe and unsuitable for habitation and unsafe residence for people for the purpose of resettlement for write-off with deregistration and subsequent demolition or major reconstruction;

We recommend reading: How much does it cost to make a will for an apartment?

Independent examination of the recognition of a house as unsafe

33. The basis for declaring a residential premises unsuitable 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 due to: deterioration due to physical wear and tear during the operation of the building as a whole or its individual parts, leading to to a reduction to an unacceptable level of building reliability, strength and stability of building structures and foundations; changes in the environment and microclimate parameters of a residential premises, which do not allow compliance with the necessary sanitary and epidemiological requirements and hygienic standards in terms of the content of chemical and biological substances potentially hazardous to humans, atmospheric air quality, background radiation levels and physical factors of the presence of sources of noise, vibration, electromagnetic fields. 34. Residential premises located in prefabricated, brick and stone houses, as well as in wooden houses and houses made from local materials, with deformations of foundations, walls, load-bearing structures and a significant degree of biological damage to elements of wooden structures, which indicate the exhaustion of load-bearing capacity and danger collapses are uninhabitable due to the recognition of the apartment building as unsafe and subject to demolition or reconstruction. (as amended by Decree of the Government of the Russian Federation dated 08/02/2021 N 494) (see text in the previous edition) 35. Residential premises located in residential buildings located in territories where sanitary and epidemiological safety indicators in terms of physical factors (noise) are exceeded , vibration, electromagnetic and ionizing radiation), concentrations of chemical and biological substances in the atmospheric air and soil, established in Section II of these Regulations, as well as in residential buildings located in industrial zones, areas of engineering and transport infrastructure and in sanitary protection zones, should be considered unsuitable for habitation in cases where engineering and design solutions cannot minimize risk criteria to an acceptable level. 36. Residential premises located in dangerous zones of landslides, mudflows, snow avalanches, as well as in territories that are annually flooded with flood waters and in which it is impossible to prevent flooding of the territory using engineering and design solutions should be considered unsuitable for living. Apartment buildings located in these zones are recognized as unsafe and subject to demolition or reconstruction. (as amended by Decree of the Government of the Russian Federation dated 08/02/2021 N 494) (see text in the previous edition) Residential premises located in the zone of probable destruction during man-made accidents should be considered unsuitable for living if it is impossible to prevent the destruction of residential premises with the help of engineering and design solutions premises. Apartment buildings located in these zones are recognized as unsafe and subject to demolition or reconstruction. In these Regulations, the zone of probable destruction in the event of man-made accidents means the territory within the boundaries of which there are residential premises and apartment buildings that are at risk of destruction due to a man-made accident. Zones of probable destruction during man-made accidents are established by the Federal Service for Environmental, Technological and Nuclear Supervision on the basis of materials from a technical investigation of their causes. (paragraph introduced by Decree of the Government of the Russian Federation dated 08/02/2021 N 494; as amended by Decree of the Government of the Russian Federation dated 03/25/2021 N 268) (see text in the previous edition) 37. Residential premises located in territories adjacent to overhead AC power lines and other objects that create, at a height of 1.8 m from the earth's surface, an electric field strength of an industrial frequency of 50 Hz of more than 1 kV/m and a magnetic field induction of an industrial frequency of 50 Hz of more than 50 μT. 38. Residential premises located in apartment buildings damaged as a result of explosions, accidents, fires, earthquakes, uneven soil subsidence, as well as other complex geological phenomena, should be considered unsuitable for living if restoration work is technically impossible or economically infeasible and the technical condition of these houses and building structures is characterized by a decrease in load-bearing capacity and operational characteristics, which pose a danger to the occupancy of people and the safety of engineering equipment. These apartment buildings are considered unsafe and subject to demolition. 39. Rooms with windows facing highways, with a noise level above the maximum permissible standard specified in paragraph 26 of these Regulations, should be considered unsuitable for living if, with the help of engineering and design solutions, it is impossible to reduce the noise level to an acceptable value. 40. Residential premises above or adjacent to which a device for flushing and cleaning the garbage chute is located should be considered unsuitable for living. 41. The following cannot serve as a basis for declaring a residential premises unfit for habitation: the absence of a centralized sewerage system and hot water supply in a one- and two-story residential building; the absence in a residential building of more than 5 floors of an elevator and a garbage chute, if this residential building, due to physical wear and tear, is in a limited working condition and is not subject to major repairs and reconstruction; inconsistency of the space-planning solution of residential premises and their location with the minimum area of ​​rooms and auxiliary premises of the apartment in an operating residential building, designed and built according to previously valid regulatory documentation, with currently adopted space-planning decisions, if this solution satisfies the ergonomic requirements regarding the placement of the necessary a set of furniture and functional equipment.

We recommend reading: After what age do houses undergo major renovations in mkd

11.1. If you already have an expert opinion, then until it is challenged, you are not required to receive a new one. If required, then you have the right to appeal against illegal actions or inaction of an official to a higher official, to the prosecutor's office or to a district court in the manner prescribed by Articles 218-219 of the Code of Administrative Proceedings of the Russian Federation.

Examination of housing (examination of suitability for living)

Expert studies are carried out in relation to cottages in general and individual residential premises of buildings. Examination of fungus on the walls and ceilings of apartments is often carried out after examination of the bay after flooding. An examination of the ceiling of flooded premises is carried out in order to determine the cause of flooding and assess damage from the flood. Flooding causes destruction of finishing coatings. As a result of flooding, stains appear on the wallpaper and ceiling, parquet floors swell, and furniture is damaged. Examination of upholstered and cabinet furniture falls within the competence of forensic merchandising examination. Commodity examination of a sofa, bed, wardrobe, kitchen set, crib is carried out using an organoleptic research method. To determine the cause of the unpleasant odor from furniture, a chemical and odorological examination is carried out.

The examination of fungus and mold on the walls is carried out in two stages - at the first stage, the construction and technical examination determines the cause of the flooding and determines the damage caused by the flooding. The cost of restorative repairs of damaged property as well as the cause of the flood are subjects of proof in a civil case regarding the bay.

Independent examination of the suitability of an apartment or the condition of a house

1) Write an application to the district administration to hold an interdepartmental commission on your house to check its condition, the possibility of repair or restoration, in order to receive an official conclusion.

You can contact an Independent Expert to carry out an examination in order to declare the residential premises unfit for habitation. An independent construction and technical examination is an official document, the conclusions of which are justified by the regulations and standards and government regulations in force on the territory of the Russian Federation.