Real estate
00:00, 12/11/2020 8 Plot: House in focus
Demolition under new rules: first notifications, then bulldozers
Photo: usluga69.ru
So far we have talked about cases when the site where the future homeowner plans to build is empty. But there are also frequent cases of purchasing a plot of land with old “huts” and receiving such land as an inheritance from grandparents. What if you have a great plot of land on which your new home will grow, but bad luck - one house is already standing on it? What to do with it and why you can’t just drive a bulldozer and start demolition on your own - we’ll talk in this article. Cadastral engineer Liliya Aleksandrovna Kupchikhina helps us with this.
Features of demolition of residential buildings
The owner can independently decide to demolish his house in several situations:
- If you plan to build new housing.
- There are no plans to build another house, but the old one is not needed either.
The reasons may be different, but the main thing is that everyone is free to dispose of their real estate as they please.
Private houses can also be demolished by decision of the municipal administration if they are recognized as unsafe or seized for municipal needs. But in this case, the owners are paid monetary compensation or provided with other housing.
Important! If the owner himself decided to demolish the house, he is not entitled to other housing or compensation.
Do neighbors need consent to demolish a private house?
According to the law, the consent of neighbors for the demolition of a private house is not required. But there are exceptions:
- A house for two owners, each given a share in kind.
- The property was acquired during marriage and was not divided between the spouses. The consent of the applicant's spouse will be required, even if he is not listed as the owner.
- The house belongs to a child or disabled person. First you need to find another place to live and get permission from the guardianship authority, because... When demolished, ownership rights are terminated.
Legal advice: it is better to take care in advance about the procedure for carrying out the planned work. It is important that garbage is removed after work, and that quiet hours are not disturbed during work, so that there are no problems with neighbors.
To break or not to break?
It is not always necessary to demolish a house that already exists on a site. Sometimes the owners of the site decide to carry out a major overhaul or reconstruct the building: add a second floor, add new areas, carry out deep internal alterations - and use it for their own pleasure. The organizational advantages of such a solution include, for example, the fact that it will not be necessary to remove the house from the cadastral register.
The Town Planning Code of the Russian Federation (Article 1, clauses 14 and 14.2) defines a serious difference between major repairs and reconstruction of capital construction projects. So, if you add new areas to an old house or equip an attic instead of an attic, this is reconstruction. Replacement of load-bearing building structures as well. But replacing engineering systems or their elements, replacing individual elements of building structures with similar ones is a major overhaul. That is, after a major overhaul, the area of the house does not change, but after reconstruction this is quite possible.
Before starting reconstruction, it is necessary to submit a notification about this to the relevant authorities. The fact is that, for example, when changing the geometric parameters of an old house, the norms for indentations from the boundaries of the site and other important distances to certain objects may be violated. Therefore, it is imperative to notify the executive authorities of the city or municipal settlement about the reconstruction. This is exactly the same procedure as the one we described in the article about starting to build a house. Even the notification form is the same. So we will not dwell on the reconstruction in detail, but will move on to the case when it was decided to demolish the old house on the site.
In August 2018, Law No. 340-FZ introduced major changes to the Town Planning Code of the Russian Federation, and now the notification procedure applies not only to the construction and reconstruction of houses, but also to their demolition. Photo: labirint.ru
How to obtain permission to demolish a building under the Town Planning Code?
The procedure for demolishing a house is regulated by Ch. 6.4 Town Planning Code.
What should be done:
- Request conditions for disconnecting housing from communications, disconnect them.
- Provide notice of planned demolition work.
- Demolish housing.
- Dispose of garbage.
- Send notification of demolition completion.
- Terminate ownership rights in Rosreestr.
Let's look at each step in more detail.
Step 1: obtaining conditions for disconnecting the house from communications
The procedure for disconnecting houses from utility networks is regulated by Decree of the Government of the Russian Federation of July 3, 2019 No. 850 and regional legislative acts. It specifies the rules for disconnecting water, electricity, gas, heating and sewerage networks. If the owner wants to demolish the old house and build a new one, these rules do not apply.
To obtain shutdown conditions, you need to submit an application to the operating organization along with other documents:
- Extract from the Unified State Register of Real Estate.
- The document on the basis of which the right of ownership arose: contract of sale, gift, exchange, rent, certificate of inheritance.
- Passport.
Conditions are issued no later than 10 working days from the date of submission of the application. Disconnection is made free of charge within 30 working days from the date of issue of the conditions.
Note: there may be several operating organizations. For example, electricity is provided by the electric grid company, gas supply by Gazpromezhregiongaz LLC. And each has different shutdown conditions that need to be agreed upon and fulfilled.
Step 2: disconnecting the house from utility networks
The operating organization will notify the owner about this at least three days before the start of work. It is not necessary for the home owner to be present during the dismantling of utility networks; the main thing is to provide workers with access to them.
Based on the results of the shutdown, a corresponding act is drawn up and sent to the owner within five days.
Step 3: Submit Notification of Planned Demolition
The notification is drawn up in the name of the head of the administration of the municipality or settlement. Its form is approved by the Order of the Ministry of Construction and Housing and Communal Services, and it is sent no later than 7 days before the start of demolition work.
Contents and sample notice
What information is indicated in the notification:
- Date of preparation.
- The name of the local government body to which it is submitted.
- Information about the applicant: Full name, place of residence, TIN.
- Information about the land plot: cadastral number, address, information about title documents.
- Information about the house being demolished: cadastral number, address, title documents.
- Contact email or postal address.
- Confirmation of consent to the processing of personal data.
- List of attached documents.
- Applicant's signature.
Important! The notification can be submitted personally to the administration, through the MFC or State Services.
Documentation
When submitting a notification, you will only need your passport. Home inspection results are not required.
Step 4: demolition of a residential building and disposal of construction waste
After submitting the notification, the administration, within 7 days, places the information in the information system for supporting urban planning activities and notifies the construction supervision authority. Any organization or individual entrepreneur has the right to carry out dismantling; SRO approval is not required for such work.
Upon completion of work, construction debris must be removed. This is done by the owner or organization that carried out the demolition.
Step 5: Send Demolition Complete Notification
Notification of completion of demolition is also filled out according to the form and sent to the administration no later than 7 days after completion of the work.
Contents and sample notice
What is stated in the notice:
- Name and address of the authority to which it is submitted.
- Full name, passport details, address of the applicant.
- Information about the land plot.
- Work completion date.
Sample notification
Expenses
Demolition requires significant costs.
Firstly, if it is difficult to dismantle the house yourself, like wooden or similar houses, then you will have to turn to the services of architectural firms specializing in such matters.
Even if the upper part of the house can be disassembled with your own hands, the foundation often has to be demolished with special equipment.
The company's engineers will prepare a demolition project, taking into account protective fences, disconnection of communications, timing and order of work, and will draw up estimates, which are recommended to be carefully studied in order to avoid excess costs.
The second cost column is garbage removal and waste disposal. If it is impossible to do this yourself, then you will have to hire specialists again, whose prices, as a rule, depend on the number of machines used to load waste.
If you decide to demolish an old house on the site...
…let the professionals do it. Why?
- Our specialists thoroughly know and understand the specifics of the process and will be able to do everything correctly.
- Professional companies have the necessary arsenal of tools, equipment and special equipment.
- Experienced craftsmen will also organize the correct removal and disposal of the dismantled house.
At affordable prices, it dismantles old wooden houses in accordance with the requirements, standards and all rules. An individual action plan is developed for each specific object.
How not to lose a house in the village
Have you inherited a house in a rural area, but don’t live in it? There is a risk that local authorities will recognize the house as empty or dilapidated and take it into communal ownership. Then they can demolish or sell it. The rules for the seizure of such houses change from 12/07/2018. What should owners expect?
Which house can be considered empty or dilapidated?
A house can be recognized as empty or dilapidated only after inspection by a special commission. Its members include representatives of the executive committee (administration), other services and organizations, and the police <*>.
Please note that the Commission will go around and inspect residential buildings in the territory under its jurisdiction at least twice a year <*>.
As of December 7, 2018, a residential building is considered empty if the owners <*>: - have not lived in it for a day over the past three years; — they did not send a notification to the executive committee that they planned to live in the house.
A dilapidated house is in disrepair and at risk of collapse, in which the owners <*>: - have not lived in the last year; — did nothing for restoration or demolition.
Note: In order for a house not to be recognized as empty, according to the current procedure, you need to live in it for a total of one month a year (at least once in the last 3 years). A house that does not meet sanitary and technical requirements can now also be considered dilapidated.
The commission’s task is to inspect the local area and interview neighbors. If it turns out that the house is not in use, draw up a conclusion. This is already a reason to include the house in the register of dilapidated houses or the register of empty houses <*>.
Note: A house in a rural area can be recognized as empty or dilapidated, and from 03/07/2019 - in a city of regional subordination and Minsk.
You don’t have to worry about the dachas located on the territory of gardening associations - they are not designed for permanent residence <*>.
How do owners know that they want to recognize a house as empty or dilapidated?
1. From the notice (instruction) of the executive committee.
The Executive Committee will send a notice to the owner by registered mail with return notice that they want to include the house in the register of empty houses. 15 working days are allotted for this after the commission draws up a conclusion. The notice will be sent to all known addresses to all interested parties (heirs, other persons who own and use the house) <*>.
The owner of the dilapidated house will be sent an order. This will be done within 15 working days after the house is included in the appropriate register. The order will indicate the period for restoration or demolition of the house or for obtaining permission for reconstruction <*>.
Note: If the heirs are unknown, the executive committee will try to identify them through notaries. If the heirs or the owner are not found, or his place of residence is not found out, the executive committee will contact the Ministry of Internal Affairs <*>.
2. From state media.
Information about the house will be published in periodicals and (or) other media <*> when: - they cannot establish the location and residence of the owner (other persons having rights to the house); - the owner (other persons who have the right to own and use the house) refuses to receive a notice or order from the executive committee.
Information can: - be placed in state periodicals (regional and (or) district newspapers); - voice in state local radio and (or) television programs <*>.
3. Via the Internet.
If the owner was not found or he refused to receive a notice, information about the house will be posted on the website of the executive committee (district, city (city of regional subordination), district administration of Minsk) <*>.
Note: Registers of empty and dilapidated houses will be freely available. Executive committees must form and post them on their websites <*>: - before 12/07/2018 for empty houses in rural areas; - until 09/07/2019 for dilapidated houses in rural areas, as well as dilapidated and empty houses in other localities.
What happens if the house is included in the register of empty or dilapidated
The executive committee, through the court, will be able to: - recognize as ownerless and turn into communal property an empty or dilapidated house whose owners have not been found <*>. Money from the sale will go to the local budget <*>; - buy a dilapidated house, sell it at auction or in another way, if the owner does not agree in writing to the demolition or does not restore the house <*>. The money from the sale minus expenses will be returned to the owner <*>. The starting price of the house will correspond to the market price, but it may be reduced if there are no buyers <*>.
In all of the above cases, the right to the land plot will cease simultaneously <*>.
What to do if they want to recognize the house as empty or dilapidated
1. Notify the executive committee in writing of your intention to live in a house that they want to recognize as empty. This can be done by the owner, members of his family or other persons who have the right to own and use the house. It is enough to send a letter, e-mail, or fax within a month <*>.
The notice to the executive committee of the intention to include the house in the register of vacant houses will be accompanied by a notification form that can be filled out and sent to the executive committee.
You can notify the executive committee in advance if the owner of the house intends, for example, to move to another locality. These circumstances will be checked and the house will not be touched for three years <*>.
Failure to notify on time automatically equates to a waiver of rights to the house <*>.
2. Fulfill the instructions of the executive committee regarding the dilapidated house : - demolish it or restore it within the given period (from one to two years); — obtain permission for reconstruction (no later than six months).
For valid reasons, the period for demolition or restoration can be extended <*>.
3. Sell the house yourself before the executive committee goes to court <*>.
What to do if the case goes to court
1. Participate in the court hearing. In court, provide evidence that the house, for example, is used for living. Or prove the validity of the reasons that did not allow timely sending a notification to the executive committee about the desire to live in the house or restore it.
Note: The Executive Committee will notify the owner of its intention to go to court <*>. For its part, the court will involve the owner in the case <*>.
2. Appeal a court decision : - which has not entered into force - within 15 days from the date of delivery (delivery of the decision with a reasoning part). This decision is appealed to the appellate authority. A deadline missed for a valid reason can be restored <*>; - entered into force - within a year in the order of supervision. But a supervisory complaint can be filed only after an appeal or when the reasons for missing it are recognized as valid <*>.
What to do if the house has already been sold or demolished
The house was declared ownerless, and suddenly the owner appears, who all this time lived, for example, abroad. He can appeal the court decision in connection with newly discovered circumstances <*>. Three months are allotted for this <*>.
On a note
If the court cancels the initial decision to recognize the house as ownerless, the former owner will be able <*>: - return the house, which has become state property; - receive money from the executive committee from the sale of the house; - receive compensation for the demolished house at a cost determined in accordance with the procedure established by the Council of Ministers.
Manual or machine demolition?
Demolition by hand sometimes pays off, primarily because the site owner can reclaim (and then sell or use for other construction) the building materials or parts of the house.
Unfortunately, you can only demolish by hand what is made of not very durable material. So in the case of a brick house, for example, it is demolished using machines - bulldozers, cranes, excavators. This method allows demolition to be completed in a few days, but machine demolition will cost you much less than manual demolition.
Demolition or dismantling
The process of dismantling a house with a forklift
Sometimes you can come across the statement that demolition and dismantling are two completely different actions. Those who make this distinction usually draw attention to the fact that in the case of dismantling we have the opportunity to return the materials used to construct a given property or even entire fragments of it, while demolition is tantamount to the complete liquidation of the property. However, in practice, the terms “demolition” and “dismantling” are most often used as synonyms - this is how we will use them in our article.
How is a country house dismantled and garbage removed?
Dismantling a country house is carried out in two ways:
- With the use of special equipment.
- Manually.
Using technology, you can destroy the roof and the frame in one go. We will load the remaining waste onto the vehicle and take it away for disposal. All that remains is to remove the foundation and basement structures. This is done with manual equipment or large equipment.
If you are not interested in demolition of the house, cleaning and removal of garbage to a landfill, and you need to keep the materials for yourself, damaging them as little as possible, the work will take 7-14 days. Our employees:
- carefully disconnect the roof, chimney, storm drains;
- they will dismantle the roof;
- they will remove the ceiling and walls, and then the floor, having previously dismantled the windows and doors;
- They will destroy and remove the foundation.
Our specialists can leave the external, load-bearing walls and remove only what is inside: the furnace, outdated heating system, partitions, flooring and ceiling coverings.
