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).
Grounds for recognizing a house as unsafe
When will a house be declared unsafe? The main reason for declaring a building unsuitable is the presence of certain points that make it unacceptable for people to live in it, since they can jeopardize their life and health. These reasons include:
- physical deterioration of the structure;
- violation of sanitary and hygienic standards;
- the building is located in a technogenic zone;
- the environment has changed, which threatens the residence of people at the location of the house;
- destruction caused by accidents, earthquakes, floods, soil subsidence, etc.
- other reasons that lead to the need to resettle residents of the house.
If you are trying to find out how to recognize a private house as unsafe and subject to demolition, you can contact our lawyer on housing issues. A solution to this problem is required by a wide range of people, since fires, floods or earthquakes periodically occur, the consequences of which are often devastating and leave many people without normal housing.
The bad attitude of house renovation management companies can also have a negative impact, or old buildings simply wear out. Therefore, a considerable number of citizens regularly apply for recognition of objects as dangerous to human health or life.
By the way, in some matters it is possible to consider transferring an apartment building into non-residential premises, which is sometimes advisable and more beneficial for residents.
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:
- 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
- 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
- the commission draws up a conclusion and draws up an inspection report of the premises
- 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
- one copy of the decision is given to the applicant
Examination of housing resembling dilapidated
The examination of housing is carried out both by third-party organizations invited by the owners, and directly by the commission itself.
The invited organization conducts an engineering and technical assessment of the house and draws up its conclusion.
The main condition: such an institution must have a license to conduct such an examination.
In this case, residents need to worry about finding a reliable organization.
a final examination of the house as a second stage . In addition to analyzing the received documents, the organization evaluates the housing condition of the apartment building, its foundation, load-bearing structures, and also inspects the condition of the home for compliance with sanitary and epidemiological standards, fire safety, fire resistance, etc.
In addition, members of the commission must analyze the degree of danger of the residential area of the house , and also calculate the content of hazardous chemicals in the air, premises, etc.
The commission can also involve third-party experts, as well as make additional requests to other government bodies using a specialized government system .
At the end of the period of examination and verification of all documents, the commission draws up a conclusion in 3 copies , where it can recognize the MKD:
- emergency and subject to demolition;
- emergency and subject to reconstruction;
- those in need of major repairs;
- suitable for habitation, with the exception of some apartments;
- residential and appropriate living conditions.
When should I expect a conclusion and in what form?
The commission examines all documents and also conducts an additional inspection of the house within 30 days in accordance with paragraph 46 of Part IV of the Resolution. At the end of the examination, a conclusion is issued, which is drawn up in writing.
The conclusion indicates the decision made, which must be justified by law and factual data based on the documentation provided. The document must be signed by all members of the commission , including the chairman himself, his deputy and secretary.
Important! Based on this conclusion, the executive body, the local self-government, within 30 days, issues a corresponding resolution, as well as a decree on the future fate of the apartment building and the timing of the eviction of citizens.
This material describes what to do when your home is declared unsafe.
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.
What needs to be done to get your home approved for demolition?
In order to initiate the procedure for recognizing housing as unsafe, you need to clearly understand what is, according to the law, a non-residential/emergency building .
Before contacting the interdepartmental commission, you need to collect all the necessary documents , conduct an inspection, and conduct an examination of the house.
The action algorithm can be presented as follows:
- collection of necessary documents;
- consideration of the above issue at a general meeting of owners, members of the partnership, where they must elect and then enter into an agreement with the organization to carry out the technical characteristics of the house;
- appeal by application to the interdepartmental commission to recognize the house as unsafe.
This can be done by any specialized organizations that have a license to carry out such activities .
However, such entities may not be trusted by government agencies.
Technical examination of housing in Moscow is carried out by the State Unitary Enterprise "MOSZHILNIIPROEKT".
In other cities, this is done by other organizations that are analogues of the above mentioned institution (LenNIIproekt, State Budgetary Institution MO "NIIPROEKT", etc.)
Important! The final decision to recognize a house as unsafe is made only by the interdepartmental commission of the city or other constituent entity of the Russian Federation, as well as the executive authority, the local self-government.
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:
Claim for recognition of a house as unsafe
Judicial bodies are not authorized to consider issues of recognizing real estate as unsafe and subject to demolition, but decisions of the interdepartmental commission and conclusions of the authorized body can be appealed in court.
In accordance with Art. 254 of the Code of Civil Procedure of the Russian Federation, citizens have the right to appeal both actions and inactions of state authorities and local self-government. Going to court is advisable if the interdepartmental commission is inactive, does not consider the application for recognition of the house as unsafe for a long time, or the executive authority makes a decision that violates the rights and legitimate interests of the applicant. A claim for recognition of actions (inaction) of a government authority is filed with a court of general jurisdiction at the place of residence of the applicant or location of the administrative defendant.
The statement of claim must indicate the name of the court, last name, first name, patronymic of the applicant, place of residence, telephone number for feedback, name of the body whose actions (inaction) are being disputed, and its location. Be sure to indicate the number and date of the disputed decision and attach a copy of it to the application. The claim itself sets out the controversial situation and provides arguments for the court to make a decision to cancel the non-normative legal act of the administrative defendant as illegal. When seeking the help of a lawyer, it is also permissible to file claims for compensation for legal expenses incurred.
USEFUL : more tips on filing a claim via the link and VIDEO
Consequences of recognizing residential premises as dilapidated or unsafe
The consequences of declaring residential premises unfit for habitation are the following:
- termination of the rental agreement , if any
- 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
- 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.
Which house is classified as “emergency”?
It is advisable to understand in detail which objects are subject to demolition and which are subject to reconstruction. In most cases, houses that are no longer feasible to repair are considered unsafe. This may be due to technical or economic nuances when it is unprofitable or impossible to carry out restoration work.
Emergency buildings are characterized by poor load-bearing capacity and low performance indicators. This poses a threat to the safety of people and the safety of engineering equipment.
Standard signs of a residential building being in disrepair:
- settlement of the middle part of the structure as a result of soil soaking due to faulty underground communications and drainpipes;
- settlement of the outer part of the house due to an open pit/trenches nearby, construction of a new building nearby;
- settlement of both extreme parts of the object - the presence of a large boulder, an old foundation, a well under the middle of the house;
- bulging and curvature of walls in vertical and horizontal planes.
When a house is considered unsafe, it is strictly prohibited to stay in it.
Criteria for recognizing housing as unfit for habitation
Residential premises fall into disrepair gradually or relatively quickly due to natural disasters. The following grounds are provided for recognizing an apartment building as an emergency:
- Deterioration in the operational characteristics of the building as a whole or its individual parts due to the physical wear and tear of the house. This reduces the level of reliability, strength and stability of the building structure.
The combination of several criteria implies the immediate recognition of an apartment building as unsafe and subject to demolition.
Differences between dilapidated and emergency housing
Emergency apartments are unsuitable for habitation and are almost always demolished. They are located in prefabricated stone, brick, and wooden houses with serious deformations of the foundations and walls. These signs indicate that the building has exhausted its load-bearing capacity. The main reason for deciding to demolish the premises is the high risk of structural collapse.
This is important to know: Regulations for the general meeting of SNT: sample 2021
The main difference between dilapidated housing and emergency housing is the relative safety of living. The house is in poor condition, but not critical.
Residents of emergency premises must be resettled, which cannot be said about the owners and tenants of apartments in a dilapidated building.
Another indicator of how dilapidated housing differs from emergency housing is the percentage of wear and tear. It is determined by an expert commission. To recognize a premises as dilapidated, it must exceed 70%, but to recognize it as unsafe, this is not enough. It must also pose a danger to residents.
In many regions of the Russian Federation, major repairs in dilapidated houses are not provided for with public funds. As a result, residents of worn-out apartment buildings find themselves at a disadvantage: living conditions do not meet standards, but they can live in the building.
The definition of “dilapidated” is not fixed at the legislative level. You can find more information in supporting documents, for example in the “Methodological manual for the maintenance and repair of housing stock MDK 2-04.2004”.
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 procedure for recognizing housing as unsafe
How to recognize a private (apartment) building as unsafe and subject to demolition?
The procedure for recognizing a house as unsafe and unfit for habitation consists of the following main stages:
- Application for recognition of the house as unsafe . It is very important to take into account the consequences of declaring a private home uninhabitable. In order for such a procedure to be carried out in full, the owner of the property, along with the application, must provide a package of necessary documents, which must be completed and submitted to the appropriate organization.
- Initiating a commission to inspect the building structures of the house . It is worth paying special attention to the fact that this issue is dealt with only by a special commission, which is created taking into account whether the building belongs to a specific housing stock.
- Appealing the commission's decision . If you are not satisfied with the results of the commission, then it is possible to file a complaint and conduct an independent construction and technical examination. The results of the appeal provide positive aspects in protecting the rights of residents. A complaint can be filed with the prosecutor's office of the district where the residential premises are located.
- Recognition of a house as unsafe through the court . Often the court comes to the defense of citizens; to do this, it is necessary to draw up a statement of claim and demand judicial resolution of housing disputes in the case.
If you take into account the information we provide, you will succeed. If you have questions, enlist the support of specialists who will help solve all problems.
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