Living conditions in many families remain far from standard requirements. In some cases, these are characteristics of the people themselves, in others - problems with finances. In order to determine living conditions, a special act is used. It is also called a certificate, which is essentially the same thing. When it may be required and how to compose it - read this article.
Files for download:
- Inspection report on the living conditions of a minor
- An inspection report on the living conditions of a dysfunctional family
- Inspection report on the living conditions of a young family
When is a housing construction act needed?
It is compiled by commission members who assess the conditions in which a particular family lives. To create it, you don’t have to use a unified form, so a free form of the document is used. But the text must include information about the apartment or house, as well as all residents of the property.
The housing and communal services act is official documentation that allows you to determine under what conditions children or families . During the inspection of a residential premises, are taken into account :
- the availability of items necessary to ensure the basic needs of minors, which include food, clothing and shoes, as well as elements necessary for study and full development;
- the health status of each family member;
- the child's appearance;
- availability of facilities necessary for care, sleep and play;
- the use by parents of measures aimed at ensuring the safety of their offspring based on their age;
- Using restrictions to prevent children from accessing medications, hazardous substances, or electrical appliances;
- income of all family members;
- other circumstances that may cause harm to the health or life of the child, as well as become an obstacle to normal physical, spiritual or moral development.
Attention! Typically, the initiators of the inspection are representatives of the guardianship authorities, who not only inspect the property, but also communicate with all family members to check the relationship between them, as well as to identify whether measures of psychological or physical violence are being used against children.
The main purpose of the act is to identify all living conditions of minors. It is used before the registration of a mortgage or guardianship or for the sale of real estate of which the child the owner . It is necessary to protect the rights and interests of minors. The main situations when an act of inspection of housing and living conditions is formed include:
- holding a court hearing , the purpose of which is to deprive citizens of parental rights ;
- suspicions that parents are not coping with their basic parental responsibilities , and the initiators may be kindergarten teachers, school teachers or representatives of medical institutions;
- appeal to the guardianship authorities to establish guardianship , patronage or adoption ;
- finding out the conditions under which a child lives whose grades at school have sharply deteriorated, and the teenager himself has begun to behave aggressively or nervously ;
- the commission of a crime or offense by a minor , and after this he is registered with the IPDN;
- parents decide to sell real estate , part of which belongs to the child , since such a transaction requires permission from the guardianship authorities that check the living conditions of the minor.
Based on the inspection, conditions are identified that may be:
- Unsatisfactory . Usually adults here grossly violate sanitary and hygiene standards. Such violations include dampness in the apartment, the presence of mold, poor-quality lighting or the use of water that is not suitable for drinking. This also includes the poor technical condition of the property, a leaking roof, shaky walls or the presence of insects. Children should not live in such conditions, so they may be removed from the family.
- Satisfactory . Such apartments have all the necessary utilities, which include water supply, sewerage, electricity and heating. But at the same time it is necessary to carry out cosmetic repairs or purchase different furniture. This also includes situations where families consisting of 3 or more people live in a one-room apartment, which leads to a violation of sanitary standards.
- Comfortable . The family lives in quality real estate with working communications and fresh renovations. At the same time, there are often additional conditions that increase the comfort of life. These include the close location of clinics, shops and other significant facilities. Sometimes houses have a concierge and security services are offered. Such housing is located in an area with developed infrastructure.
Reference! The decision to provide social assistance is made based on the identified conditions. If citizens deliberately worsen their living conditions in order to receive help from the state, they will be subject to administrative or criminal liability.
May be interesting : Fixed-term employment contract
Free consultation with a real estate lawyer
Intentional deterioration of housing conditions is a concept that appeared in the Housing Legislation in 2005.
All items are in good condition, appropriate for the age of the children, and outerwear is available according to the season and time of year.
D. lives in a living room with an area of 25 square meters. m., together with his younger sister (attends a preschool).
On March 1, 2005, in place of the previously existing Housing Code of the RSFSR, Federal Law No. 189-FZ introduced a new Housing Code of the Russian Federation (LC RF).
D. lives in a living room with an area of 25 square meters. m., together with his younger sister (attends a preschool).
Currently, the law extremely protects minor children, so this act is not a last resort, but only to clarify the circumstances in which the state can help the parents or the child himself. After the act has been drawn up, the commission determines the decision on this case.
Who forms the act
Based on Order of the Ministry of Education No. 4, only government agencies with the appropriate powers can draw up a ZhBU act. These include:
- Guardianship authorities , if citizens wish to obtain guardianship or adopt a child, as well as if appeals are received regarding parents’ failure to fulfill their duties, which leads to limitation or deprivation of parental rights. This organization must be contacted if citizens decide to sell property belonging to a child. If the parents become seriously ill, a housing inspection is carried out if a decision is made to obtain temporary custody of the minor.
- Educational institutions , which include schools, colleges, colleges or kindergartens. They check if a student's performance deteriorates or he begins to behave aggressively. The basis for the examination is an unkempt appearance, committing immoral acts, or complaints from the child regarding harsh treatment in the family.
- Representatives of medical organizations . They conduct a physical examination if a woman refuses her baby in the maternity hospital or, during an examination of a minor, signs of abuse are revealed, for example, bruises or scratches are found on the body.
- Rospotrebnadzor . Employees of this institution establish violations of sanitary or epidemiological standards in the living quarters. It is assessed whether the tenant creates an unfavorable hygienic environment for other apartment owners in the building.
- Inspectorate for Juvenile Affairs . The child’s home is inspected if he is registered for serious offenses or crimes, and this procedure is also required if it is established that the parents have committed illegal actions.
Carefully! Any act is transferred to employees of the guardianship authorities within one day after its formation.
Composition of the commission
As a rule, inspections of reinforced concrete structures are carried out by several officials. A commission of 3 or more people is formed depending on the purpose of the inspection.
If a child is registered with the police, it includes:
- Ministry of Internal Affairs officer, district police officer;
- OOiP employee;
- teacher;
- representative of the school's parent committee, etc.
To resolve family disputes, the commission may include employees of the cadastral chamber (Rosreestr) or HOA. If we are talking about registering as those in need of housing, a representative of the social protection authorities is involved.
Only POiP workers have the right to conduct an examination alone, for example, when inspecting a new place of residence of minors.
Contents and nuances of compilation
Although there is no clearly unified form, the contents of the document are approved by Order of the Ministry of Education No. 4. Some details may vary depending on the reason for the home survey.
If an act of inspection of a family’s living conditions is drawn up to check it , then the following rules are taken into account:
- the document is generated by employees of the IPDN, educational organizations or guardianship authorities;
- Form No. 3, fixed by Order No. 4, is used.
The document contains the following data :
- date of home inspection;
- Full name, position and place of work of the compiler;
- Full name and details of the minor’s birth certificate or passport;
- the address where the inspection is carried out;
- information about parents, provided by their full name, dates of birth, place of residence and work;
- it is indicated which of the parents takes part in the maintenance and upbringing of the child;
- information is provided about whether the parents live together or are divorced;
- describes the child’s appearance, living conditions, education received and the nuances of upbringing;
- data on family environment and other relatives, as well as psychological relationships with relatives are indicated;
- living conditions, income of all family members and property belonging to citizens are described in detail;
- circumstances are listed that prove that parents are not coping with their basic responsibilities;
- factors that pose a threat to the health and life of a minor are given, as well as ways to protect them.
At the end, the signature guardianship officer is placed .
Here is a sample report for examining the living conditions of a minor:
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Useful to read : Interest-bearing loan agreement
Programs to improve housing quality
In 2021, the plan for the national project “Housing” has completely changed. Now the ZHBU act is actually required for participation in only 2 programs (Resolution of the Government of the Russian Federation of December 30, 2017 N 1710):
- "Young family". Citizens under 35 years of age, married, and recognized as needing housing can receive a government surcharge for obtaining a mortgage, constructing or purchasing an apartment or residential building;
- "Mortgage and rental housing." Low-income residents of damaged apartment buildings and those subject to demolition who do not participate in other resettlement programs can count on assistance in purchasing premises.
It is important to know!
Those in need can count on government assistance when renting social apartments. Regional authorities support their residents with discounts on housing and communal services and other benefits.
How to get a certificate
It may be required to adopt a child or to sell property owned by a minor. Additionally, it is necessary during trials. The rules for obtaining a document include:
- Registration of guardianship or adoption . First, citizens undergo training and a medical examination, after which they submit an application for guardianship. Over the next three days, a survey of the reinforced concrete structures is carried out. Within 3 days, a family examination report is drawn up, which is signed by the head of the guardianship authority. The document is drawn up in 2 copies, since one remains with the service, and the second is transferred to the applicant.
- Sale of property of a minor . If parents decide to sell housing owned by a child, then they must prove that their living conditions will not worsen. To do this, a ZhBU act is drawn up, on the basis of which a sales permit is generated. First, citizens collect documents, apply for a permit, and then the object is prepared for inspection. If a permit is issued, a transaction is concluded and registered with Rosreestr.
- During trials . During various proceedings in court, it is important to evaluate the living conditions of the minor. To do this, the plaintiff can independently contact employees of the guardianship authorities or other institutions. The service is offered free of charge, and the period varies in different regions, but usually does not exceed 10 days. Sometimes the judge himself requires an examination.
Parents themselves, guardianship authorities or other authorities can insist on verification.
May be interesting : Preliminary lease agreement for non-residential premises
Sample of filling out the act of living conditions of the family of the guardianship authorities
It must be said that few parents ask these questions, believing that “they will come - and let them, it’s a pity for us, or what? Ensures the protection and protection of the rights of students, especially paying attention to “difficult” children and children without parental care, actively cooperating with social services.
The purpose of writing this document is to record the conditions in which the child is. Based on the description, a conclusion is drawn up that can be relied upon when resolving issues related to children.
Based on the results of the inspection, an inspection report on the living conditions of the ward is drawn up. compliance by the guardian with the rights and legitimate interests of the ward, ensuring the safety of his property, as well as fulfillment by the guardian of the requirements for the exercise of his rights and the performance of his duties.
Dear Andrey Evgenievich, I ask YOU to send a sample of an inspection of the living conditions of a group 2 disabled person. Living alone in a small family (total S-21.5 sq.m.) The report was drawn up after an arson where all property was burned, including clothes. The report should have been drawn up by inspectors of the Department of Social Protection of the Industrial District dated February 12, 2018. There was arson. I'm waiting for adequate help!
What documents are needed
If the property of a minor is being sold, then the following documents are needed:
- a well-written application for an inspection;
- passports and documents for the child;
- documentation for real estate obtained from Rosreestr and BTI;
- a preliminary contract for the purchase and sale of an object, which is signed with the second party to the transaction.
If legal proceedings , then an extract from the house register , technically documents for housing and evidence of the need for an examination are additionally requested.
Certificate for visiting families in socially dangerous situations
Info
But in modern times, it often happens that a teacher simply does not have time to visit the families of his class. Then parents are usually called to school. This is the same meeting, only at school.
If parents look at the diary, they will react. If not, then there is a second method of influence - a personal conversation on the phone.
In this world of new technologies, getting through to the right person is not difficult. And already during the conversation, you need to make the parent understand the problem of his child, briefly tell him what needs to be talked about, make it clear that it is necessary to set some goals together with the parents.
And this will not necessarily be a problem child with poor discipline. Even the best student can have some unsolved problems.
Timing and cost
The service is offered completely free of charge , so parents or other applicants will not have to pay any fees. The procedure is carried out within three days after receiving an application from a parent or representative of a government agency.
Attention! If permission is required to sell a child’s home, there is no fee for issuing this document.
Useful reading : Employment contract
Features of the procedure
Important to remember!
The commission does not have the right to enter an apartment where a minor or incapacitated citizen lives without the permission of parents or guardians. The only exception is an inspection initiated by law enforcement agencies in accordance with the resolution.
The commission may not provide notice of a planned inspection. As a rule, the inspection comes suddenly. Notifications are sent only by social protection departments if the family claims the status of those in need of housing improvement.
The OOiP, which supervises guardians and trustees, organizes scheduled and unscheduled inspections of housing and construction facilities regularly. The initial examination is carried out before the minor moves into the apartment. Then, in the first year of guardianship, inspections are carried out every 1–3 months, from the 2nd year - once every six months.
The purpose of the class teacher’s family visit
Correspondence is also possible on more pleasant occasions, for example, the class teacher sends parents an invitation to an event, congratulations on a holiday, gratitude for raising a child. In this case, a friendly tone is used and a respectful attitude towards the family is demonstrated.
The class teacher's work plan involves the use of various options for working with parents aimed at strengthening interaction between family and school
It is important to involve them in leisure extracurricular activities and organize cooperation between teachers and children. To achieve maximum results, the class teacher must work within the system, that is, in the totality and interconnection of various educational activities
Let us highlight the following areas of his activity:
Characteristics of the student’s family
Nadezhda has been studying at this school since September 1, 2011. Before that, she studied at the Mokrousovskaya Basic Secondary School. In connection with the move to the city of Topki, she was admitted to MAOU “Secondary School No. 1” in grade 3 “b”. In the 4th grade, she was left for a repeat year of study, having two bad marks for the year in the subjects: mathematics and Russian language.
Nadezhda often misses school without a good reason. At the beginning of the year, the girl did not attend school for 2 weeks. Raids were carried out at the family's residential addresses, but they did not give a positive result. The school administration appealed to the head of the Ministry of Internal Affairs department for the Topkinsky district, police lieutenant colonel V.S. Petrov, with a request to assist in finding the student, Nadezhda Ivanova. As a result, the family was found in Kemerovo.
12 Jun 2021 uristlaw 216
