Many citizens are forced to live in old and dilapidated buildings, which are recognized as emergency housing because they have numerous design flaws. By law, such people have the right to receive better quality and modern housing.
To achieve this, a resettlement process is implemented, during which people independently choose whether they will receive a new apartment or compensation for the cost of their property. Many people choose to choose compensation, but they must understand how it is assigned and how it is calculated in order to receive the optimal payment amount.
Payment and legislative regulation of resettlement
Based on the law, namely Art. 32, if housing is recognized as unsafe, the owners have the right to compensation, the amount of which depends entirely on the value of the property. It is represented by compensation, and during its calculation the location of the house, the area of the apartment and other technical characteristics are taken into account.
The same conditions apply if the plot of land on which the house is built is seized by a court decision , so all owners are entitled to equal monetary compensation.
A special agreement is drawn up between the municipality and each homeowner, which specifies the amount and timing of payment of compensation. Additionally, the period of time during which a citizen can live in the apartment before purchasing a new home is indicated. Typically, no more than 6 months are provided for these purposes.
Rights of owners of residential premises when a residential building is recognized as unsafe:
4.1. Rights of owners of residential premises during the resettlement of emergency houses
The rights of citizens who own apartments when a residential building is recognized as unsafe depend on the grounds for eviction.
Current legislation distinguishes two grounds for the resettlement of citizens from emergency housing:
- resettlement of citizens when a residential building is not included in the regional targeted program for the resettlement of citizens, but a decision has been made to seize the land plot
on which the residential building is located for state or municipal needs; - recognition of a residential building as unsafe and its inclusion in a regional targeted program for the relocation of citizens from emergency housing stock.
In the first case, when MKD
, recognized as emergency and subject to demolition, is not included in the program for the resettlement of citizens from emergency housing stock, the rights of the owner of the residential premises are ensured in the manner prescribed by Art. 32 Housing Code of the Russian Federation.
According to this article, the owner can only count on payment of the redemption price of the seized residential premises. At the same time, state authorities or local self-government
are not obliged to provide the owner of the seized residential premises with other residential premises.
In this case, another residential premises instead of the seized one can be provided to the owner only if there is an appropriate agreement reached with the local government body, and only with the offset of its value when determining the amount of compensation for the seized residential premises (Part 8 of Article 32 of the Housing Code of the Russian Federation; clause 20 Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14).
In the second case, when an apartment building is included in a regional targeted program for the resettlement of citizens from emergency housing stock, the owners of residential premises have the right to count not only on the repurchase of the seized residential premises, but also on the provision of other residential premises in return.
Moreover, the choice of any of the above methods remains with the owner of the residential premises (Clause 3, Article 2, Article 16 of Law No. 185-FZ dated July 21, 2007; Section 2 of the Review of Judicial Practice, approved by the Presidium of the Supreme Court of the Russian Federation dated April 29, 2014).
The exception is the owners who purchased residential premises after the apartment building was declared unsafe.
Citizens who have acquired ownership of residential premises in an apartment building after it was recognized in the established manner as unsafe and subject to demolition or reconstruction, with the exception of citizens whose ownership of such residential premises arose by inheritance, have the right only to payment of compensation for seized residential premises. In this case, the amount of compensation cannot exceed the cost of acquiring such residential premises.
4.2. Rights of owners of non-residential premises in an unsafe apartment building
Legal consequences of recognition of ICD
emergency and subject to demolition or reconstruction for owners of non-residential premises in apartment buildings are not directly regulated by law.
However, in paragraph 1 of Art. 239 of the Civil Code of the Russian Federation provides that in cases where the seizure of a land plot for state or municipal needs is impossible without termination of ownership of buildings, structures or other real estate located on this site, this property can be seized from the owner through redemption by the state or sale from public auctions in the manner prescribed by the Civil Code of the Russian Federation.
The above rule connects the possibility of compensation for the value of real estate to its owners with the termination of ownership of real estate when a land plot is withdrawn for state or municipal needs
, on which it is located.
This position is confirmed by existing judicial practice. (Decision of the Supreme Court of the Russian Federation dated July 3, 2018 No. 309-KG17-23598 in case No. A50-23011/2016).
4.3. Redemption price, procedure for determining it and other expenses of the owner subject to reimbursement
The redemption price of the seized residential premises is determined according to the rules established by Part 7 of Art. 32 Housing Code of the Russian Federation.
In this case, the amount of compensation for seized residential premises includes:
- market value of residential premises;
- the market value of common property in an apartment building, taking into account its share in the right of common ownership of such property;
- losses caused to the owner by its seizure, including lost profits, as well as the amount of compensation for major repairs not carried out (part 7 of article 32 of the RF Housing Code; section 2 Review of judicial practice, approved by the Presidium of the Supreme Court of the Russian Federation on April 29, 2014).
In any case, the amount of compensation for residential premises, terms and other conditions of seizure are determined by agreement with the owner of the residential premises (Part 6, Article 32 of the Housing Code of the Russian Federation).
Other expenses associated with relocation from a dilapidated house and the owner moving to a new apartment (costs of transportation, apartment selection agency services, costs of paperwork for the purchase and sale of other housing) are usually borne by the citizen making the move. However, in private cases, compensation for expenses incurred (in whole or in part) by municipal authorities is possible. As a rule, such compensation can only be obtained through legal action.
What amount is given?
For every apartment owner, the amount of compensation is considered a significant issue. The law requires taking into account the market value of objects, but often citizens are faced with a more primitive and incorrect calculation.
To do this, a comparative assessment methodology is used, which is divided into several stages:
- similar real estate properties located in the region are selected;
- the average price per 1 sq. is determined. m.;
- due to the use of a reduction factor, the value is reduced, for which the condition of the property is taken into account, and such a reduction varies from 10 to 50 percent;
- the resulting value is multiplied by the square area of the apartment.
Attention! If a citizen owns not only housing, but also a plot of land, then only a small amount is added, which does not take into account the real value of the land.
With such calculations, citizens receive too small an amount, which is not enough to buy a new home. Therefore, they have to sue representatives of the municipality, proving their case in court.
Based on judicial practice, which was approved by the Presidium of the Supreme Court, not only the cost of emergency housing or a plot of land is compensated, but also the market price without taking into account wear and tear, as well as losses that a citizen has to bear when changing his place of residence. If during this process a person rented housing, used cargo transportation services, or spent funds for other purposes, then they are reimbursed by the state.
When is the subsidy paid?
Based on Art. 32 of the Housing Code, if a house is recognized as unsafe, then further residence in it is prohibited; apartment owners can independently choose whether they will receive monetary compensation or other housing. This is possible if an emergency or dilapidated facility is included in the regional resettlement program for citizens. If the building is not included in this program, then only compensation for emergency housing is issued.
An additional payment is assigned if the object is confiscated from the owners by court decision. A sum of money is issued exclusively for emergency housing. If the object is recognized as dilapidated, then people can still live in it, since there is no danger to their life and health.
Important! To recognize housing as unsafe, a special examination is carried out by an interdepartmental commission, including representatives of the local administration, employees of the Ministry of Emergency Situations, housing and communal services workers, specialists from the urban planning committee and other government agencies.
How to receive the money
To receive compensation for the cost of your home, you first need to wait for the building to be officially recognized as unsafe. This condition is mandatory, so if the property is considered extremely dilapidated, then it is suitable for habitation.
Representatives of the local administration are not interested in recognizing the objects as unsafe, so the residents of the object must independently take care of the beginning of the examination, for which a special application is drawn up.
Procedure
The procedure for receiving compensation is divided into several successive stages:
- collection of documents that confirm that the condition of the housing is unsatisfactory, therefore living in this house is dangerous to the life or health of people;
- an application is drawn up, on the basis of which the apartment owners ask the municipality representatives to recognize the house as unsafe;
- documentation is sent to employees of the local administration or directly to the interdepartmental commission, if it constantly operates in the region;
- after a commission meeting and real estate assessment, a decision is made on the need to recognize the house as an emergency facility;
- the building is placed in a queue, and the worse the condition of the building, the faster funds will be issued for the prompt resettlement of citizens;
- apartment owners receive offers from administration representatives about the possibility of moving to another apartment or receiving monetary compensation, so citizens independently choose the appropriate option;
- an application is drawn up addressed to the head of the administration, and the chosen method is indicated in the text;
- if compensation is chosen, a special agreement is signed between citizens and the municipality containing data on the amount and timing of the transfer of funds;
- The previously calculated amount of money is transferred to the apartment owner’s bank account, after which people are given several days or months to move.
If the amount of compensation does not correspond to the market value of the property, then it is not recommended to sign the agreement, so this amount can be increased through legal proceedings.
What documents are needed
In order for a house to be recognized as an emergency facility, apartment residents must prepare certain documentation:
- passports and birth certificates of all owners;
- an extract from the Unified State Register of Real Estate, which identifies all property owners and also identifies the presence of any encumbrances;
- title documentation on the basis of which the housing was originally received by the owners;
- an extract from the house register, which contains information about registered persons;
- technical passport containing information about the area of the apartment, which simplifies the process of calculating compensation.
Reference! Each region has its own regulations and requirements regarding resettlement, so the number of documents that owners must prepare may increase.
Drawing up an application
A correctly formed application is attached to the collected documentation. There is no strictly unified form, but when compiling the text the following data is entered:
- information about all applicants submitted by apartment owners;
- detailed information about the house, presented by address, number of floors, date of construction, as well as design features;
- requirement for an examination to identify the actual technical condition of the object;
- date of document generation;
- applicants' signatures.
Based on this document, the assessment of the object begins. If the results of the survey really reveal that the house is unfit for habitation, then it will be put on a waiting list for resettlement and liquidation.
Apartment owners are offered new properties or compensation. If a cash payment is chosen, a buyout agreement is signed between citizens and representatives of the municipality. The text contains the exact amount of the redemption amount and the date of its transfer.
To conclude this agreement, the owner of the apartment prepares a passport, an extract from the Unified State Register of Real Estate, a technical passport for the object, as well as title documentation.
The money is transferred to the citizen’s bank account, and the funds usually arrive within 10 days after signing the agreement. If a person does not agree with the proposed amount, then the agreement cannot be signed. The amount of compensation can be increased through the court.
What expenses does the owner bear?
According to the law, the process of relocation or receiving compensation is not accompanied by any costs for apartment owners. But in practice, people have to face certain costs:
- attracting an independent organization to check the technical condition of the facility - from 10 thousand rubles;
- notarization of consents to receive compensation from all apartment owners - from 1 thousand rubles. for each paper;
- generating an extract from the Unified State Register of Real Estate – 350 rubles;
- obtaining a new technical passport – from 10 thousand rubles.
Sometimes you have to restore lost or destroyed documents, for which you spend from 5 thousand rubles.
Deadlines
Typically, from the moment of submitting the application and receiving the money, it takes from 2 to 4 months . The exact period depends on the technical condition of the housing. If an agreement is signed between citizens and a representative of the municipality to transfer compensation, the money is transferred within 10 days.
Sometimes the procedure takes up to six months if difficulties arise with preparing documents or obtaining consents from other apartment owners.
Regional targeted program for the resettlement of citizens from emergency housing stock
The goal of ensuring a sustainable reduction in the uninhabitable housing stock was set for authorities at all levels back in 2008. However, since today it remains unachieved, its achievement was extended by Decree of the President of the Russian Federation dated May 7, 2017 No. 204.
Currently, the achievement of this goal is planned within the framework of the national project “Housing and the Urban Environment,” which includes, among other things, the federal project for the resettlement of emergency housing “Ensuring a sustainable reduction of unsuitable housing stock.”
It is expected that, based on the successful experience of implementing similar programs in 2013-2017, the parameters for recognizing a residential building as unsafe will be clarified, permanent mechanisms for resettling emergency housing stock will be formed, including by providing the regions with an expanded set of tools, such as: purchase of housing, exchange, subsidies for the acquisition, development of built-up areas, rental houses.
This program for resettlement from dilapidated houses is being implemented by the federal government jointly with regional and municipal authorities in accordance with Federal Law No. 185-FZ dated July 21, 2007 “On the Fund for Assistance to the Reform of Housing and Communal Services.”
According to the norms of this law, a regional targeted program for the resettlement of citizens from emergency housing stock is approved by the executive authorities of the constituent entity of the Russian Federation.
More details
After January 1, 2021, these programs are approved for the period until September 1, 2025.
Regional authorities compile a list of apartment buildings that are recognized in accordance with the established procedure as unsafe and subject to demolition or reconstruction due to physical wear and tear during their operation.
More details
Information on the inclusion of a residential building in the register of emergency buildings is available for review on the official website of the State Corporation - Fund for Assistance to the Reform of Housing and Communal Services www.reformagkh.ru and the Ministry of Construction and Housing and Communal Services of the Russian Federation www.minstroyrf.ru.
The fact of the presence of one or another sign of emergency is not a sufficient basis for the conclusion that a residential building is unsuitable for habitation. The decision to recognize a residential building as unsafe and subject to demolition or reconstruction, in any case, is made in accordance with the established procedure.
What to do if you refuse
If representatives of the local administration insist that citizens receive new apartments, refusing to issue compensation, then this issue is resolved in court. It is also necessary to go to court if a monetary payment is too small.
Officials deliberately underestimate the price, so it is advisable to conduct an independent examination to find out the exact market price of the object without taking into account wear and tear. The report is submitted to the judge, after which the claims are usually satisfied, so the local administration is forced to pay the due amount to citizens.
Arbitrage practice
Owners of apartments in dilapidated buildings often file claims because they are awarded too little compensation. Only people who urgently need money will waive legal proceedings.
Attention! Practice shows that local courts often take the side of the administration, so citizens have to go to the Supreme Court and also order an independent assessment.
The most high-profile examples from judicial practice include:
- The plaintiff filed a lawsuit demanding an increase in compensation. The proof of his correctness was the report of an independent assessment. The amounts differed by 40%, so the plaintiff demanded a recalculation of the payment. After reviewing the documents, the judge rejected the claim because the report did not contain information about the damage to the house.
- The man filed a lawsuit demanding a recalculation of the amount of compensation. In advance, the plaintiff paid for an independent assessment, and during the examination, the appraiser took into account the dilapidated condition of the housing. But still, the compensation from the municipality is much lower than the required amount. The court satisfied the claims, so the local administration paid the plaintiff the optimal amount of compensation.
If citizens are indeed offered underestimated compensation, then, if they have evidence of their innocence, they can challenge such a decision of the administration.
Rights of tenants of residential premises when a house is recognized as unsafe:
5.1. Rights of tenants of residential premises when relocating a dilapidated house
In cases where the person living in the apartment is a social tenant (i.e. the apartment in which the citizen lives is owned by the state), the process of relocation from a dilapidated building or housing subject to demolition occurs according to a simplified scheme: social tenancy agreement for another premises.
In this case, the other residential premises provided must be:
- comfortable (i.e., regardless of the presence of communications in the old house, the new one must have water, plumbing and central heating);
- equivalent in total area to the previously occupied residential premises;
- the requirements
established for residential premises ; - located within the boundaries of a given locality. (Part 1 of Article 89 of the RF Housing Code; Clause 59 of the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 3 (2018), approved by the Presidium of the Supreme Court of the Russian Federation on November 14, 2018).
More details
The provided residential premises may be located within the boundaries of another locality of the subject of the Russian Federation, on the territory of which the previously occupied residential premises are located, only with the written consent of the resettled citizens.
At the same time, refusals of citizens from the residential premises provided to them within the boundaries of another settlement, including repeated ones, cannot be grounds for refusal to provide them with other residential premises for the purpose of relocation from emergency housing within the boundaries of the settlement at the place of their residence or within the boundaries another populated area of a constituent entity of the Russian Federation, on the territory of which the previously occupied residential premises are located (Part 3 of Article 16 of Law No. 185-FZ of July 21, 2007).
If the rental object is a room in a communal apartment located in a house declared unfit for habitation and subject to demolition, then when determining the total area of another residential premises provided in connection with the eviction, the following is taken into account:
- the total area of the room as part of a communal apartment, including the living area of the room itself and the area of auxiliary premises that may be located next to such a room and used exclusively for servicing this room (for example, a storage room);
- as well as the share of the area of auxiliary premises of the entire communal apartment as a whole (kitchen, toilet, bathroom, etc.) used to service more than one room.
Arbitrage practice:
When providing housing, the presence of other residential premises owned by the tenant or his family members is not taken into account (Section 3 of the Review of Judicial Practice, approved by the Presidium of the Supreme Court of the Russian Federation on April 29, 2014).
If tenants were on the waiting list to improve their living conditions, when moving from a dilapidated building, the waiting list remains behind them, regardless of what housing conditions they will be moved to.
If the tenant refuses to move to the provided residential premises, the local government authority
has the right to apply to the court with a corresponding claim.
5.2. Common misconceptions of residential tenants when moving from emergency housing
Very often, citizens living in residential buildings recognized as unsafe are mistaken in their expectations regarding the conditions of relocation and the parameters of the apartments to be provided.
Therefore, we consider it necessary to understand the most popular misconceptions regarding this issue.
1st misconception:
If you register as many people as possible in housing, then the area will be provided based on the established norm of living space per person.
According to the norms of current legislation, the residential premises provided must be equivalent in total area to the previously occupied residential premises.
The only exception to this case can be if people are registered as needy.
However, they must not, within the time established by law, intentionally perform any actions that lead to a deterioration in their living conditions.
But in a number of cases, even being registered as those in need of residential premises does not give the right to receive a larger residential premises.
Providing housing with a larger area when moving from a dilapidated house is a right, and not an obligation, of the local government and depends on the appropriate financial opportunity provided for by the local budget.
2nd misconception:
If two families are registered in the housing, then you can get two apartments.
Many are convinced that when providing an apartment, the number of families living in the apartment will be taken into account.
In fact, people living in an apartment under a social lease agreement can only count on one apartment, which will be identical in square footage to the previous housing.
3-misconception:
You can choose an apartment many times until the municipality offers the ideal option.
In fact, the municipal authorities will offer a limited number of options, and if the tenants do not agree with the move, the municipality will go to court to force eviction.
