Help for fire victims: what compensation can be received in 2021, restrictions on the amount of payments

Fire is a terrible element that can not only harm a person’s life and health, but also his property.

No one is safe from fires; a fire can occur at any time of the day or night in a private or apartment building.

The source and cause of a fire can be arson, malfunction of electrical appliances, or simply accidents. In addition, massive forest fires often occur in the country, which often affect residential areas.

People who are victims of fires are required by law to receive government support and assistance. Help for fire victims consists not only of obtaining new housing, but also material assistance and various monetary compensations.

Basic information

The grounds for transferring compensation payments to victims depend on the following factors:

• whether the victim lived in the apartment or house on the basis of ownership or under an agreement with the municipality;
• who is responsible for the fire, which caused the tragedy;
• whether an insurance agreement was concluded for housing that suffered damage due to fire.

Responsibility for establishing the causes of the fire and identifying those responsible lies with the employees of the Ministry of Emergency Situations.

Compensation in case of fire is due in the following circumstances:

1. the fire occurred due to unlawful actions of employees of municipal and state institutions;
2. housing cannot be restored and is the only one for the victim;
3. the victim owns the property;
4. the property was not lost due to arson or fire.

If, for example, a fire occurred due to the fault of the owner of the premises or the victim has other types of real estate, then the person does not have the right to apply for assistance.

ATTENTION! Benefits, allowances and payments for private houses or apartments are not provided for people living in rented housing.

Insurance case

Most of the country's population believes that insurance companies only profit from citizens insuring their lives and their property. But it’s good that some people still approach insurance responsibly.

If you have insurance for your living space after a fire, you need to contact the fire service for a report with the specified reason about the fire of the building. You should contact your insurance company with the required package of documents, go through a series of checks and collect papers to recognize the case as insured and receive monetary compensation. In this case, there will be no need to knock on the thresholds of government agencies.

If the insurer refuses to pay, you can file a claim in court, where they will consider the situation in detail and can make a positive decision in favor of the victim. If the insurer has paid the amount, but the insured person believes that it is less than it should be, then the doors of the court are always open.

Having lost your living space, money and documents in a fire, you can gain the opportunity to receive government support. According to the law, assistance to fire victims is not provided to all who apply. But the state is trying not to ignore all the victims. At the moment, there are certain categories of people who receive support. The types of assistance are also not particularly expanded, but for people in difficult situations, it is significantly important to receive at least some kind of support after a tragedy.

What types of support are required?

If a house burns down, what financial support is provided for the victims?
The fire victims law establishes the following: if the owner of a house or apartment has suffered property damage due to a fire, then he has the right to claim compensation. First of all, the victims are entitled to housing.
Art. 95 and 106 of the Housing Code of the Russian Federation regulate the provision of housing on a temporary basis. Then you need to collect documents for the payment of a cash subsidy, which will be used to purchase a new home. If there is no insurance, the state will provide a small amount of money as compensation.

Fire victims who lived in an apartment under the terms of a social tenancy agreement are entitled to the following assistance:

• allocation of new housing on the same terms of social rent (living conditions should be similar - no worse than the previous ones);
• concluding an agreement on the provision of temporary housing for the period during which all necessary documents will be drawn up;
• payment of cash benefits that can be spent on the purchase of new housing.

Judicial practice on compensation for damage after a fire

Examples of court decisions on compensation for property damage after a fire:

• The claim for compensation for damage caused by the fire is satisfied in part. To recover damages in the amount of 103,000 rubles. To recover compensation for moral damage in the amount of 3,000 rubles.
• To recover for compensation for damage caused by the fire the costs of paying for the services of a specialist to assess the cost of damage in the amount of legal fees.
• To recover compensation for material damage caused by the fire and reimbursement of expenses for paying state fees. Seek compensation for material damage caused by fire.

Where to go for help

The procedure for the victim is as follows:

1. Contact the Ministry of Emergency Situations and obtain a certificate about the circumstances of the fire.
2. Contact Housing and Communal Services. The institution’s staff will check the condition of the sewer, water supply, heating and electricity systems. After the check, the victim will receive an appropriate conclusion.
3. Visit local administrative authorities. Employees will issue a conclusion on the possibility of living in housing. If the possibility of residence is denied, the applicant has the right to count on assistance. If the inspection is carried out in housing from the state fund, then you do not need to pay for it.
4. Contact the municipality and social security authorities to receive financial assistance.
5. Join the queue of those in need of housing, if there are accompanying reasons for this.

In order to contact government agencies, you must prepare the following package of documents:

• statement;
• passport;
• title documentation for housing;
• certificate about the circumstances of the fire (issued by the fire service);
• a written conclusion that the assumptions about deliberate arson were not confirmed (to be drawn up by law enforcement agencies);
• resolution to refuse to initiate criminal proceedings;
• registration certificate of housing;
• a document stating that the victim no longer has any other housing;
• certificate of housing registration (issued at the cadastral service);
• extract from the house register;
• certificate of current account (issued at the bank).

In your application for assistance you must provide the following information:

1. information about the applicant: full name, date and place of birth, passport details, ownership of housing indicating his address;
2. request to organize the construction/restoration of housing or pay compensation;
3. address, date of signing of the application, signature of the person applying;
4. application registration details.

If the necessary documents are burned (for example, a passport or title documentation for housing), then before asking for help you need to restore them by visiting the appropriate authorities.

Procedure for receiving compensation

The Federal Law provides for many cases after which a person can seek help. The state also provides support to citizens left in difficult situations after the fire.

You can contact the administration with a request for help within two years after the incident. When going to an appointment with civil servants, it is necessary to prepare a set of documents so that the official has an idea of ​​what he has to work with.

The procedure for obtaining support can be expressed in the following steps:

• upon the first visit to the administration, the fire victim will be provided with a list according to which documents must be provided;
• with the availability of certificates and official papers, write an application asking for help;
• expect consideration of the application within the period established in a particular region;
• in the case of a positively considered application, a commission is created to draw up a special report on the state of affairs of the victim;
• the results of the commission audit directly affect the amount of payments.

The administration, having considered all aspects of the incident, has the right to refuse assistance to the fire victims. If a negative decision has been made, then the victims can only rely on their own strengths and capabilities.

It often happens that unscrupulous officials even refuse to accept documents, arguing for their actions that such support is not provided in the region. After such a statement, the person who applied to the municipal authorities can safely go to the prosecutor's office. It is also common practice that when asked to write a written refusal by the administration to accept documents, civil servants change their position in relation to the injured citizen.

What fire victims can count on

If financial compensation is transferred to the victim, its amount will not cover all the damage caused. The maximum amount of compensation at the federal level is 120 thousand rubles, and it is not available to everyone.

Other types of assistance include the following:

• provision of timber for building a house (free or for a nominal fee);
• transfer of a small amount of money for the urgent needs of the victim;
• other benefits are determined on individual terms.

These types of assistance are established at the regional level. About 1% of the local budget is allocated each year for these needs.

Most common mistakes

Mistake #1. Housing is provided to all fire victims without exception.

No. You cannot get a new apartment if the old one burned down due to arson, or the residents own other real estate.

Mistake #2. Compensation is paid instantly.

No, fire victims need to prepare for the fact that payments will only be made in a few months. First, the necessary examinations are carried out and the circumstances are established. Only if you have all the acts and conclusions can you contact the administrative authorities.

“The duration of consideration of fire cases by the courts depends on the results of examinations, the presence or absence of culprits, and research conclusions. In general, legal proceedings can last a year,” says lawyer A.S. Blinov.

What to do in case of arson

The victim must draw up a claim for compensation and submit it to court. The case can be tried criminally or civilly - in the first case, the responsibility for initiating the case lies with law enforcement officers.
Responsibility for intentional arson begins at the age of 14. The culprit faces a fine, correctional/compulsory labor, or imprisonment.
If someone dies due to arson, the punishment becomes more severe. The victim will need to contact a private expert firm to assess the damage caused by the arson. Company employees will prepare the appropriate certificate. Work can be carried out within 1 week.

To order services, you will need to provide title documentation for housing and other documents:

1. a photocopy of the fire report from the HOA;
2. a photocopy of the Ministry of Emergency Situations act, certificates from the BTI;
3. cadastral and technical passport for burnt housing.

The victim may attempt to resolve the conflict situation without going to court. To do this, he must draw up a free-form claim addressed to the guilty party demanding compensation for damage.

It is recommended to send documents by registered mail with acknowledgment of receipt or use the services of a courier. This way, the guilty person will not be able to claim in the future that he did not receive any letters.

ATTENTION! On average, the time it takes for the culprit to make a decision does not exceed 1 month. It is recommended to indicate a specific period in the claim.

If a person refuses to transfer compensation, he will have to go to court. Practice shows that sometimes the perpetrators verbally agree with all the demands placed on them, but in reality they delay the resolution of the issue with all their might, pointing out that they have difficult life circumstances, problems with finances, etc.

You cannot believe excuses - you will need to initiate legal proceedings. Such cases are considered by courts of general jurisdiction. If the amount of claims does not exceed 50 thousand rubles, then you need to go to the magistrate’s court, if it exceeds, to the district court. The claim is sent to the registered address of the defendant or organization, if it is the one responsible for the fire.

If the culprit of the fire does not agree with the amount of damage that the victim presented to him, then he will need to contact an independent appraiser to conduct an examination. Authorized persons will establish a specific amount.

You will also have to seek the services of independent appraisers if the victim’s home is insured.

Legislation

Features of resolving the situation in case of loss of home due to fire are regulated by the following legislative acts:

Important! If, based on the results of the investigation, it is established that there is no corpus delicti, compensation from the guilty person is sought within the framework of civil proceedings in accordance with Art. 1064 of the Civil Code of the Russian Federation.

Application for housing: form and sample

You need to write an application for housing to the local administration. If the municipality has a legal framework and financial reserves, then fire victims will be able to obtain temporary housing. The application form and a sample for filling it out can be downloaded from government services or local administration portals, viewed in the MFC and other resources.

The local administration organizes temporary accommodation centers for fire victims and provides fire victims with clothing and food. But this is temporary help. The city municipality helps victims in difficult circumstances. But they need to be confirmed by the conclusion of a special commission.

Benefits and payments

What assistance is available for residential property owners in the event of a fire?

Most often, in practice, such persons are paid a financial payment. It can only be obtained by citizens who own burnt housing, subject to the conditions specified in the law.

The payment is monetary compensation, and its amount is determined depending on the damage caused to the property and the income of the residents.

How to declare housing unfit for habitation?

How to force neighbors to remove things from a common corridor, read here.

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