At the state level, there is a program, the implementation of which is related to the renewal of the country’s housing stock. There is no doubt that replacing emergency “Khrushchev” buildings or dilapidated old panel houses with new comfortable high-rise buildings is a good thing.

But residents naturally have a question: what type of housing will they receive if the building in which their current apartment is located is demolished, and what methods can they use to protect their property rights?

Expert organizations decide to demolish the house

The decision to demolish the building is made by a special interdepartmental commission. It is created on the basis of a decision of a federal authority or local government. The decision on the need to demolish the house is made after studying all the documents and the technical condition of the building.

Expert organizations are also involved for this purpose. A positive decision on the issue of demolition can only be made if one of two conditions is met:

• the technical condition of the house is unsuitable or even unsafe for life;
• the territory on which the house is located is planned to be used for government needs or the needs of the administrative-territorial unit within the boundaries of which it is built

Most often, housing that is considered dilapidated or in disrepair is subject to demolition. Such housing is considered unsuitable for living for a number of reasons, the most common of which are:

1. natural physical wear and tear, reducing the reliability of the building itself or its individual structures;
2. location of the building in areas prone to natural disasters (landslides, earthquakes, avalanches) or in regions flooded by flood waters;
3. deterioration of external factors affecting the sanitary and epidemiological condition and microclimate in the house (deterioration of atmospheric air quality, increase or radiation radiation above permissible limits);
4. damage to load-bearing walls, foundations, floors due to earthquakes, landslides, fires, explosions, etc.;
5. location of the premises near a potential source of a man-made accident, if it is impossible to prevent possible adverse effects using engineering solutions

Unlike emergency housing, dilapidated housing does not have any specific definition in law. As a general rule, a building is considered dilapidated if the degree of deformation or wear of its structures reduces the boundaries of the characteristics allowing the use of housing below acceptable limits.

There is no formula for calculating “dilapidation” and BTI employees often assess the condition of the house, as they say, “by eye.” Thus, stone, brick or prefabricated buildings that have physical wear and tear of more than 70%, and wooden houses that have worn out by more than 65% are considered dilapidated.

The decision to demolish can be finally approved by local authorities, who, based on the commission’s conclusion, decide on the demolition or reconstruction of the house. If demolition is necessary, they also determine the time frame for eviction of tenants.

Eviction of tenants and demolition of the house cannot occur earlier than 1 year after their notification. If the condition of the house may threaten the lives of residents, the warning rule does not apply.

Rights of owners of privatized apartments

Residents must be notified in advance of demolition

What to do if the apartment is not privatized?

This question arises for all residents living in a dilapidated building under a social tenancy agreement. After all, residents who have privately owned apartments have undeniable advantages over tenants:

• the opportunity to receive a free apartment in return of the same area and within the same locality;
• receiving a new apartment also entails the transfer of property rights to it, that is, the new housing will also be the private property of the recipient;
• admissibility of receiving monetary compensation instead of new living space

Modern houses are being built on the site of old Khrushchev-era buildings.

It should be said that before the demolition of the house, you can have time to privatize the housing, because recognizing it as unsafe is not an obstacle to privatization.

The final deadline for free apartments has been extended by the government for another year and will end on March 31, 2017, so citizens who have not privatized their apartments should hurry up so as not to completely miss this opportunity.

Art. 86 of the Housing Code of the Russian Federation states that if there is a building in a house subject to demolition, the social tenancy agreement with the tenant is terminated. Such a citizen is provided with a new comfortable home, for which a similar contract is also concluded.

There are several controversial legal issues here. If a citizen living under a social tenancy agreement was registered to improve his living conditions (that is, if the area of ​​his apartment did not meet the standard for providing living space per person), then in the event of relocation, what size housing should the authorities offer him?

The opinions of officials on this issue vary significantly: some believe that new housing should be selected taking into account the standard of living space per person, others believe that housing should be provided that is the same size as previously occupied, but at the same time the right to be on the housing register and retain a place in the queue.

This is not the only controversial issue in the issue of relocation from emergency housing. The interpretation of legislative norms lies entirely on the shoulders of local authorities. In case of refusal, the residents will be moved to new apartments provided to them; this issue will be resolved at the initiative of local authorities. Only a court decision gives the right to forcibly evict tenants to a place designated by the court.

Emergency housing: compensation or relocation? Consultation video:

One of the problems that arises in the process of implementing housing programs in Moscow is the actual residence of several families in a residential building subject to resettlement, each of which, as a result of resettlement, wants to have a separate apartment.

The subject of this article is situations when citizens living in apartments subject to resettlement are their tenants, since the procedure provided for in Art. 32 Housing Code of the Russian Federation.

For citizens living in apartments subject to resettlement on the basis of a social tenancy agreement, the rules of Art. 89 of the Housing Code of the Russian Federation and the relevant Laws of the city of Moscow.

So, by virtue of Art. 89 of the Housing Code of the Russian Federation, other residential premises provided to citizens in connection with eviction under a social tenancy agreement must be well-equipped in relation to the conditions of the relevant locality, equivalent in total area to the previously occupied residential premises, meet established requirements and be located within the boundaries of this locality. If the tenant and his family members living with him before eviction occupied an apartment or at least two rooms, the tenant accordingly has the right to receive an apartment or to receive living quarters consisting of the same number of rooms in a communal apartment.

The conditions and procedure for ensuring the rights of citizens during relocation, vacating residential premises (residential buildings) on the basis of decisions of the executive bodies of state power of the city of Moscow are regulated by Moscow Law No. 21 of May 31, 2006 “On ensuring the housing rights of citizens during the relocation and vacating of residential premises."

In accordance with Part 1 of Art. 13 of the said Law of the City of Moscow, the resettlement of citizens and the vacancy of residential premises occupied by them under contracts of social tenancy, rental, free use, are carried out by providing them with another comfortable residential premises in the housing stock of the city of Moscow, respectively, under an agreement of social tenancy, rental, free use or in cases provided for by law by providing gratuitous subsidies for the acquisition of ownership of residential premises or the construction of residential premises for the purpose of acquiring them as property.
The size of the area of ​​residential premises provided to citizens under social tenancy agreements, free use, must correspond to the size of the area of ​​​​residential premises provided with the help of the city in accordance with the legal acts of the city of Moscow.

Based on Part 7 of Art. 13 of Moscow Law No. 21 dated May 31, 2006, when providing residential premises to citizens specified in part 1 of this article who are not on the housing register and occupy residential premises less than the norm for the provision of residential premises established by the law of the city of Moscow, the presence of other residential premises owned by citizens or members of their families with the right of independent use, all civil transactions with residential premises, as well as actions taken over the last five years, including the move-in of other persons at the place of residence, as a result of which the living conditions of these citizens worsened. The list of actions that resulted in the deterioration of living conditions, and actions that are not a deterioration of living conditions, is established by the law of the city of Moscow. If citizens or members of their families have other residential premises in respect of which they have the right of independent use, or they have entered into transactions or actions as a result of which the living conditions of citizens have worsened, they are provided with residential premises equivalent in total area to those being vacated.

In accordance with Art. 20 of the Law of the City of Moscow dated June 14, 2006 N 29 “On ensuring the right of residents of the city of Moscow to residential premises” to residents of the city of Moscow recognized as needing improved housing conditions, recognized as needing residential premises and recognized as needing assistance from the city of Moscow in purchasing residential premises within the framework of city housing programs, residential premises are provided from the housing stock of the city of Moscow, the area of ​​which is not less than the norm for provision, with the exception of cases provided for by this Law. The standard for providing living space is 18 square meters of living space per person.

As can be seen, neither federal legislation nor the legislation of the city of Moscow provides for the provision of citizens subject to resettlement with several apartments corresponding to the number of families living in the residential premises before resettlement.

The only opportunity for this is provided in Part 2 of Art. 1 of the Law of Moscow dated June 14, 2006. No. 29 “On ensuring the right of residents of the city of Moscow to residential premises”, according to which in an apartment occupied by several families, citizens who consider themselves to be different families live on the basis of separate contracts for social tenancy, rental, free use, concluded with the city of Moscow in in accordance with the established procedure, in relation to individual residential premises in an apartment (rooms) or on the basis of ownership of individual residential premises.

Following this criterion, the current procedure in Moscow for registering citizens for the purpose of implementing city housing programs implements the following principle: “One apartment (room), which is the subject of a social tenancy agreement, is one accounting file.” The division of accounting files is not provided for by current legislation.

An exception to this rule is the Temporary Regulations on the procedure for improving the living conditions of citizens in the city of Moscow, which were in force for some time, approved by the Decree of the Moscow Government of June 21, 1994. No. 497, which were not prohibited from registering citizens living in the same residential premises, united by signs of kinship or property, but having their own sources of income, a separate budget and leading separate households, as different families.

At the same time, it should be taken into account that the above does not exclude in practice the provision of separate apartments to different families during resettlement, since there is no prohibition on this in the current legislation, and the authorized housing authority, if possible, has the right to improve the living conditions of citizens upon relocation.

Lawyer Panasyuk V.I.

Good afternoon. Our apartment building was declared unsafe and subject to demolition. I own a privatized apartment in this house in shared ownership with my son (1/2 share each). The area of ​​our apartment is 43 square meters. m. What are our rights when demolishing a dilapidated house and...

October 19, 2017, 16:17, question No. 1785614 Lyubov Borisovna, Saratov

Is it possible to get separate housing when demolishing a house if the apartment is divided into shares?

Good afternoon A 3-room apartment in five shares, when the house is demolished, can the shareholder claim separate housing?

How will they be accommodated during the demolition of houses with social rent apartments?

Good afternoon. Please tell me, we have an apartment of 44 m2 (two rooms), it is in social rent. There are 4 people registered in the apartment (me, my parents and my grandfather). If our house is demolished, are we entitled to an apartment in the same area of ​​the city? And for us...

Providing housing during demolition of a house, if the apartment is in social rent

Hello! In connection with the upcoming renovation of five-story buildings in Moscow, the question has arisen of what kind of housing everyone will receive after demolition. Our house is one of the first to be demolished. We have a communal apartment - it contains our 2 rooms, social services. hiring 5 people registered:...

What kind of housing will be provided during the demolition of a house if 7 people are registered in one apartment?

We have a social tenancy agreement, a house for demolition, in apt. 7 people are registered - my mother, father, brother and my two children 4 and 13 years old and my brother’s son 3 years old!!! We were not put on improvement because according to our program we have more than 10 m. KV. Per person, or rather 11.7...

Compensation for the demolition of a house with a non-privatized apartment

Hello, please tell me if there is an apartment, both parents, a daughter and a son with a minor daughter are registered in the apartment. The apartment is not privatized. What can you expect when this five-story building is demolished?

When moving into an apartment in a building for demolition, what kind of housing should be provided for the registered father and daughter?

Good afternoon, my house was demolished in the program about dilapidated five-story buildings. My daughter was born whom I registered there in November 2016 (that is, before this whole huge demolition program), the municipal one-room apartment is only 30 meters, according to the law...

Will I get an apartment if the house is demolished, given that it is owned and there is another apartment in the property?

Hello! The building in which my second apartment is located (the 2nd apartment, like the 1st, is owned) is planned to be demolished. Will I receive a new apartment instead of the one being demolished or so? This is the 2nd property, should I be paid monetary compensation? If I...

Which apartment is more profitable in case of demolition of the house, privatized or not?

Hello! This is the situation: our house in Moscow is about to be demolished, the apartment has been privatized, 2 rooms, 44 sq.m. of total area, 4 people are registered (husband, son, his sister and mother). In this situation, which is better to have an apartment - privatized or...

Is it possible for each owner to get separate housing when a residential building is demolished?

good afternoon, question: We have a two-room apartment with two adult owners (50% shares). The apartment is privatized and the house is subject to demolition due to the construction of a road on this site. There are four adults and two...

What kind of housing can you expect when demolishing a house to build a new building?

Hello! Please tell me what you can expect when demolishing a house to build a new building. If I have a room in a communal apartment of 12 m. in the property, there is also other housing. Will I have to pay extra for additional meters?...

Getting an apartment in a new building after demolishing a five-story building

I am the only owner of a 3-room apartment in a 5-story building (Khrushchev). There are 4 people registered in the apartment. What can we count on when demolishing a house and getting new housing? We are not on the waiting list. Is it possible when receiving a new apartment...

Hello, I have the following question for you: in the area where we live, houses will soon be demolished, including ours. We have a 3-room apartment, my dad, my mom, me, my brother and my little son are registered there. When the house is demolished, is it possible that I will get a separate two-room apartment, since my son and I are of different sexes?

Answer

According to Article 89 of the Housing Code of the Russian Federation, other residential premises provided to citizens in connection with the demolition of a house under a social tenancy agreement must be well-equipped in relation to the conditions of the relevant locality, equivalent in total area to the previously occupied residential premises, meet established requirements and be located within the boundaries of this locality point. In cases provided for by federal law, citizens who are registered as needing residential premises or have the right to be registered are provided with residential premises according to the provision standards. Thus, when the house is demolished, you will be provided with one living space for everyone, while neither gender nor the number of residents is taken into account, but this does not deprive you of the right to apply for the appropriate area according to the general queue, if you are registered as needing residential premises .

If the apartment subject to demolition is privatized, then you will receive an equivalent area taking into account the redemption price, which includes the average market price, costs associated with moving and registration. That is, whatever the area of ​​the apartment is, that’s what you’ll get, regardless of the number of registered people and other circumstances.

Filatova Tamara(05/23/2012 at 15:20:46)

Hello Ekaterina! The procedure for providing citizens with other comfortable residential premises in connection with eviction on grounds related to the demolition of a house is established by the Housing Code of the Russian Federation and the LAW OF THE CITY OF MOSCOW No. 21 OF 05/31/2006. In accordance with Art. 89 of the Housing Code of the Russian Federation, provided to citizens in connection with eviction, other residential premises under a social tenancy agreement must be comfortable in relation to the conditions of the relevant locality, equivalent in total area to the previously occupied residential premises, meet established requirements and be located within the boundaries of this locality. In the cases provided for, such provided residential premises, with the written consent of citizens, may be located within the boundaries of another populated area of ​​a constituent entity of the Russian Federation, on the territory of which the previously occupied residential premises are located. Based on the meaning of this norm, if in your apartment the area per resident is less than the norm (18 sq. m for Moscow), then you have the right to apply for an apartment of a larger area, and it will be taken into account if those living in this apartment have other residential premises owned or used. In addition, there are legislative levers, according to which, during demolition, you can get either two apartments instead of one, or an apartment that will have more rooms than what you can count on. This is possible, for example, if 5 people living in one apartment make up two separate families. To do this, you must submit a special application accompanied by evidence of the basis in the territory. body of the Department of Housing Policy.