Home » Buying and selling an apartment » Compensation for emergency housing during resettlement
21
Every homeowner in a dilapidated building has the right to certain monetary compensation. In addition to this, you can request new housing in another building, however, owners often settle on compensation, since this is the fastest and easiest way to get rid of dilapidated housing.
When is a house considered unsafe or dilapidated?
The grounds for recognizing an apartment building as unsafe are specified in Decree of the Government of the Russian Federation of January 28, 2006 No. 47.
When a house is considered unsafe:
- Inconsistency with sanitary and hygienic requirements, background radiation levels, sources of vibration, noise, and electromagnetic fields.
- Destruction, damage, deformation of supporting structures, if there is a danger of collapse.
- Damage or destruction of a house as a result of a man-made or other accident.
A house may also be declared uninhabitable if it is located in a hazardous area. For example, in areas of probable destruction during accidents, landslides, avalanches, mudflows, or in areas that are regularly flooded by flood waters, if flooding cannot be prevented using technology.
Note: housing is not simply recognized as unsafe. It is extremely important that the commission gives an opinion that even major repairs will not eliminate the shortcomings. If it is possible to simply carry out major repairs, no one will be resettled.
Who participates in the resettlement program?
According to the law on the resettlement of emergency housing, the following categories of citizens can participate in the program:
- Apartment owners. They may receive other apartments or monetary compensation.
- Tenants under social tenancy agreements. They are provided with other housing with similar parameters.
If the apartment was rented out to tenants, the rental agreement is terminated from the moment the housing is recognized as unsafe. The owner does not have any obligations to them, but must return the money for the remaining days. He is not obliged to provide other housing.
The difference and advantages of dilapidated housing over emergency
Buying an apartment to offset existing secondary housing
❗ Reasons why compensation may be denied
The decision to provide a subsidy is not always positive. A refusal is issued in the following cases:
- the applicant himself does not meet the established requirements to receive a subsidy;
- the necessary documents were not submitted in full, and it is not possible to order them through regional or municipal registers, since such information is not contained;
- The documents contain inaccurate information, which was established after the inspection.
Can I reapply?
If the applicant was able to eliminate all identified deficiencies quickly enough, then he has the right to resubmit the documents. In this case, the entire submission algorithm and the timing of consideration of the newly submitted package of documents will fully correspond to the algorithm that was passed previously, since all documents will be considered and checked again.
Where do they move from emergency housing?
As part of the resettlement program, residents of dilapidated houses are offered equivalent apartments that are built specifically for them and meet all the requirements:
- By area.
- By location.
- By number of rooms.
It is important that housing conditions are not deteriorated as a result of relocation.
If a person lives in a dilapidated house under a social tenancy agreement, he is also provided with equivalent housing, but the number of rooms may be different. The main thing is that it meets the requirements for area (clause 37 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of July 2, 2009 No. 14).
Note: instead of a new apartment, you can submit an application to receive the redemption value of emergency housing. It is calculated taking into account market prices minus actual wear and tear. This method is not very profitable, because in the end the owner will receive pennies with which he cannot buy another property.
Is it allowed if the property was municipal?
When resettling non-privatized housing, the “meter by meter” principle operates. In other words, instead of the seized city living space, the family should be provided with an apartment of equal size. The correspondence in the number of rooms is not always observed.
It may, for example, turn out that the family had a two-room living space with an area of 38 square meters. meters, and in the houses provided for moving, built according to the latest standards, an optimal two-room apartment was not found. And then the family will be provided with an equivalent one-room apartment.
It is also possible to provide a larger two-room apartment, but then the difference will have to be paid.
The procedure for relocating owners from emergency housing
The procedure for relocating from dilapidated or emergency housing consists of several stages.
First you need to submit an application to the interdepartmental commission. Usually its functions are performed by the housing inspectorate under the municipal administration. After this, an examination is carried out, a conclusion is drawn up and a decision is made. Let's look at each stage in detail.
Step 1: Apply
The owner, HOA, tenant, state housing supervision have the right to submit an application to recognize the house as unsafe. Before doing this, they need to contact an independent expert who will inspect the housing, identify all the shortcomings and reflect them in the conclusion. From 2021 this is mandatory. Then the assessment of the condition of the housing is carried out again, but with the participation of a commission.
Documentation
When contacting the interdepartmental commission you will need:
- statement;
- passport;
- an extract from the Unified State Register confirming ownership;
- floor plan of the house;
- expert opinion.
Note! If complaints about the unsatisfactory condition of the house were previously filed with the management company or HOA, it is advisable to submit copies of them along with other documents.
Sample application
Step 2: conducting an examination
During the review of documents, the interdepartmental commission determines the composition of the experts to be involved and organizes work to assess the suitability or unsuitability of a residential building for permanent residence.
During the examination, an apartment building is examined, and a conclusion is drawn up based on the results.
Step 3: document review
The submitted documents along with the conclusion are reviewed by the administration within one month. If the house was damaged as a result of an emergency, the time frame is reduced to 20 days. Additional information from other government agencies is requested through the interdepartmental interaction system.
Step 4: Decide
The decision based on the conclusion is made by a majority vote of the commission, drawn up in triplicate. One of them is sent to the applicant. If the number of votes is equal, the vote of the chairman of the commission is considered decisive. When making decisions, representatives of other bodies may be involved: urban planning, architecture, experts.
30 days are given to make a decision from the date of receipt of the conclusion. If the house was damaged as a result of an accident – 20 days.
Important! If the house is less than 5 years old, the decision and conclusion are sent to the prosecutor’s office to consider whether to hold the developer accountable.
Step 5: Queuing
When a house is declared unsafe, information about the owners is transferred to a government agency to be placed on a waiting list for housing. It can last several years; each region has different settlement periods.
