The Dilapidated Housing program is aimed at resettling residents of dilapidated houses.
The more worn out the building, especially if this wear threatens people's lives, the faster you can leave the house for a new apartment.
Resettlement program from emergency houses extended until September 2026. Any citizen who believes that their house is too old and worn out can apply. The decision remains the prerogative of the commission.
Do not do without a survey of the house by specialists— it is they who decide whether the house meets the criteria for deterioration or accident rate.
The law on resettlement, in force since 2010, allows Russian citizens whose housing is recognized as dilapidated or emergency, to apply for moving into new apartments.
It was planned that by 2017 the plan for the resettlement of people would be completed. However, this did not happen and program has been extended.
The reasons for non-fulfillment of the program items on time were also named. The most pressing problems are:
This year, under the program, owners of dilapidated and dilapidated real estate can count on the fulfillment of a number of state obligations:
The most fortunate residents of communal apartments. It is now impossible to provide an equivalent apartment, communal apartments are simply not being built, so they will be offered a separate apartment with a total area of not less than the accounting rate for each family member.
In addition, from the local budget will funds are allocated to organize the movement of people and personal belongings.
If the family has already received a notice of resettlement, it is impossible to exchange or sell housing, since the contract will be considered illegal.
Owners and tenants can demand resettlement:
Residents of emergency housing may qualify for resettlement in the first place, since they endanger life and health on a daily basis.
With dilapidated housing, everything is not so simple: it must be assigned for demolition. If the interdepartmental commission recognizes 70% depreciation of the building(15th article of the LCD), it can be demolished, and new apartments can be allocated to residents.
Persons who can apply for a new premises:
Contact the city administration for relocation the homeowner must. Submission of an application by a trustee or a third party is not allowed.
Engaged in the implementation of the dilapidated housing program executive bodies of local government. After receiving a certificate from the employees of the authorities, you must contact.
A list of documents is provided:
Commission considers applications up to one month. After this time, a decision is issued in which the house is recognized as emergency, subject to demolition or refusal.
If the condition of the building is so deplorable that it threatens the lives of people living in it, a notice of resettlement is sent to residents on the next business day.
If a refusal is received, but the tenants of the house do not agree with it, you can appeal the decision of the commission in court.
Then, in addition to the commission itself, independent experts are involved in the process of examining the condition of the house, additional measurements and observations are carried out.
For housing that can be recognized as dilapidated / dilapidated, approved technical criteria for determining its condition are applied.
The accident rate of housing is evidenced by the fact that all load-bearing structures do not meet established standards and collapse is possible at any moment.
It is most often about load-bearing walls, roofs, flights of stairs.
Emergency housing - most likely old housing. Over time, the building decays and wears out. A dilapidated building is one that has significant wear of structures.
This indicator depends on the material from which the house is built - brick, cinder block, wood. For wooden houses, the maximum level of wear of structures should not exceed 65%, and for stone houses - 70%.
Wear does not threaten people's lives. Resettlement is only possible if the building is to be demolished.
In addition to the building itself, related factors are also considered:
If there is a decision of the commission to demolish the house or recognize it as emergency, apartment owners can be offered two options:
The initiative to recognize housing as emergency may come from both local authorities and the residents of the house themselves. In the latter case need to make a joint statement.
After recognizing the accident rate of the house, it will be included in the list of buildings whose residents need to be resettled.
Solution sent separately to each applicant, in the case of a collective complaint - to everyone who signed, within a month.
Most often, citizens receive these decisions by registered mail. If a notification of resettlement is received along with the decision, housing will be selected very quickly as suitable apartments are found.
If tenants choose compensation, money from the local budget is transferred to the bank account of the owner.
The situation is more complicated with the resettlement of residents of communal apartments, dilapidated buildings and buildings located in an unfavorable ecological zone. Im housing allocated last, and the wait sometimes drags on for years.
In the program, the lawyer explains what options for resettlement the owners of housing recognized as emergency have.
Practical advice is given on providing a new equivalent apartment instead of old housing or receiving monetary compensation and acquiring housing on it on your own.
All about the program for the resettlement of dilapidated housing in Moscow and the region
Reading time: 6 minutes
In 2016-2017 as part of the resettlement program in Moscow, 9 thousand families will receive new apartments
Every person dreams of their own home. An important condition for a comfortable life is the safety of the operation of the home. However, not all houses in Moscow and the region are responsible. A considerable percentage of the objects of the secondary fund is in an emergency and dilapidated condition. They not only spoil the appearance of city streets, but also pose a threat to the lives of their residents. To avoid danger, the state has developed a program for the resettlement of tenants from dilapidated housing. It is distributed not only in the capital, but also in other cities of the Russian Federation.
The program is based on the Federal Law, which deals with state assistance in reforming housing and communal services. This regulatory document is the regulator of the program for the resettlement of citizens from houses in disrepair. However, not all citizens living in dilapidated housing are aware of the existence of such a program. Another negative point is that the implementation of the law is very slow, and in some regions the authorities refuse to implement it.
Moving to a new apartment
The implementation of the federal program for resettlement from dilapidated housing is carried out on the basis of an individual program that concerns a particular region. Based on this, a list of objects that are subject to demolition or restoration is formed. To find out which houses are included in the list of emergency housing in Moscow and the region, you need to send an appeal to the official resource of the Ministry of Construction of the Russian Federation.
Based on the law, new apartments are offered to residents at the place of residence in the same area where emergency housing was located. Also, with the consent of citizens, new conditions for living can be prepared in another region. If tenants refuse to move to other settlements, then their right to receive new housing remains in force.
In addition to providing improved housing conditions, instead of emergency housing, citizens can be paid funds, the amount of which corresponds to the estimated value of the facility.
This condition is possible if the owner has other housing. Resettlement from emergency housing is carried out according to the norms that are prescribed in the housing code of the Russian Federation and the legislation of Moscow.
Based on article number 89 of the housing code of the Russian Federation, eviction from emergency housing, which is subject to demolition, citizens are provided with comfortable apartments. Housing must comply with the standards of living in Moscow, and also be equivalent to the area, which is equal to the area of the former housing. So, if the family lived in an apartment or a communal room, then it will be relocated to analog housing. This confirms the fact that resettlement takes place in equivalent housing, both in objects from the primary and secondary fund.
In accordance with the law, those premises that are recognized as emergency are subject to mandatory resettlement. Emergency housing is recognized as those objects in which more than 50% of the rooms, as well as load-bearing structures, pose a danger to residents.
So, housing is considered dilapidated, the wear of which exceeds 65%, if we are talking about a wooden house, and 70% - stone. However, often such housing is recognized as safe, since it cannot stand still for some time. Therefore, residents of dilapidated houses practically do not fall under the category of migrants.
Demolition of emergency house
The document that defines the grounds for recognizing housing as uninhabitable is a decree of the Government of the Russian Federation. According to this decree, the following premises fall under the category of dilapidated and dilapidated housing in Moscow:
Also, housing that is prohibited from being used for living must be:
What do I need to do to qualify for the resettlement program?
Both tenants of apartments and their owners can obtain the right to participate in the program for resettlement from dilapidated and dilapidated housing in Moscow and the region. It is possible to get a decision that housing is indeed uninhabitable only after the events that are carried out by the interdepartmental commission.
In order for housing to be recognized as emergency, first of all, it is necessary to submit an application to a specialized institution that will inspect the house, after which it will draw up a conclusion on its condition. Next, you need to contact the interdepartmental commission. In addition to the application, you will need to prepare the following documents:
If you want to speed up the process, you can collect complaints from other tenants. All documents will be reviewed within 30 days. After this period, the commission will make a decision. Upon receipt of a positive decision on relocation, it will be possible to count on an early move to a house that meets all safety standards.
Dilapidated housing is a serious problem in many cities of Russia, the solution of which since 2010 has been personally taken under the control of the President of the Russian Federation. Initially, the program for resettlement from dilapidated housing was designed for a period until 2015, but after that it was extended until September 31, 2017.
The main goal of the dilapidated housing program is the resettlement of residents from emergency houses that do not meet safety requirements. That is, if you think that your house is too old and worn out, you can apply with a corresponding application to the local authorities.
Based on your application, an interdepartmental commission is convened, which must make a decision within 30 days. If the experts recognize that the house is really emergency and unfit for habitation, within the period determined by the commission (maximum within one year), the residents will be resettled. In the event that the commission refuses to recognize the house as emergency, you can appeal this decision in court.
As mentioned above, the decision to declare a house unfit for habitation is made by a special commission and it is almost impossible to predict their decision in advance. Your home is most likely to be declared dilapidated or in disrepair if:
If the interdepartmental commission recognizes the house as unfit for habitation, it will be demolished, and new apartments will be allocated to the residents. To apply for a new housing instead of an emergency one can:
Note! If you are the owner, you still have the right to resettlement even if you are not registered and/or do not live in dilapidated housing.
After the house is declared unfit for habitation, apartment owners can choose one of the proposed options:
If tenants choose to receive compensation, money from the local budget is transferred to the owner’s bank account within 30 days, and if the owner chooses to relocate, he must conclude an exchange agreement with the administration and prepare for moving to a new apartment within one month.
The latest news about the resettlement of citizens from dilapidated and dilapidated housing in 2019 suggests that the main points have already been revised and the procedure for implementing this procedure will be completely different than in previous periods.
Today, the resettlement of dilapidated and dilapidated buildings is carried out at the expense of budget allocations, which makes it possible for owners, regardless of the amount of their earnings, to get a new apartment for free. The amendments did not affect this part this year, but significantly changed the procedure for recognizing high-rise buildings as unsuitable for habitation. Let's consider the new provisions in more detail and highlight those points that should be paid attention to.
According to the current legislation, in Russia, starting next year, there will be a different procedure for recognizing housing as dilapidated and emergency.
The following characteristics can serve as the basis for classifying a building as uninhabitable housing:
If at least one of the characteristics is present in a certain building, then the house is considered uninhabitable and must be demolished without fail.
As part of the state program, the resettlement of citizens in the period 2016-2020 will take place in accordance with the new rules:
At the end of the current year, the state resettlement program will cease to operate in its previous form. With the new procedure for obtaining apartments for owners, an additional fee for living space is provided.
The main purpose of this innovation is to increase the responsibility of the population for new apartments. In addition, the meaning of the introduction of payment implies the possibility of choosing a living space where the owners of a dilapidated dwelling will be settled. For example, if a citizen wants to stay in the old area, then he will have to contribute a certain amount to the construction of new housing.
For residents of historic districts, the state program provides for separate conditions for participation, under which the owners will be able to choose a new place of residence on their own.
The likelihood that the owners will not be able to deposit the required amount of money is very high. In this case, another option for obtaining housing is provided - signing a social lease agreement. This method involves the registration of a non-commercial lease of residential premises with subsequent redemption. In other words, the resident pays only for utilities. You can count on this option:
All other groups of citizens who have chosen social rent will be required, in addition to utility bills, to pay a monthly rent - up to 70 percent of the market rent of housing.
It is important to note that new apartments from the state will no longer be provided free of charge from September 2019. The new procedure will apply to housing that will be deemed unfit for habitation in October.
On the one hand, it will seem to many people participating in the project that these measures are very tough and were taken specifically to deprive citizens of their living space, but there is also some logic in the decision. Very often, people who specifically purchase old housing are involved in a state project in order to then receive a new apartment and sell it profitably.
The action of the program is designed to provide people who really need it with new living space. Innovations will allow to solve this problem much faster and at the same time to get an apartment for families, especially those in need, without applying to the bank for a mortgage loan.
Starting next year, the resettlement program will operate under different conditions, and people will no longer be able to get a new home completely free of charge. Requirements will also become tougher regarding the recognition of buildings as dilapidated and emergency. Persons who cannot pay the required fee for new housing will have the opportunity to sign a social lease agreement, however, they will still have to pay for the use of housing, but on a monthly basis.
Last update 24.11.18 13:20Added by Administrator 01.07.18 00:00
Dirty and dilapidated housing is a problem in many Russian cities. Since repairs in such houses have not been carried out for decades, they not only spoil the appearance of cities, but also pose a threat to the lives of residents. In this regard, for the period from 2002 to 2010. In 1999, a targeted federal program "Housing" was developed, within the framework of which local authorities were supposed to ensure the resettlement of citizens from houses that were recognized as emergency and dilapidated. But since not all regions of the Russian Federation coped with this task, the program was extended until the end of 2017.
President of the Russian Federation V.V. Putin instructed the government, together with the regions, to develop new mechanisms for the resettlement of emergency housing stock and launch them from January 1, 2019. The head of state also demanded that officials improve the quality of public services and expand their participation in an independent assessment of the quality of social services of the ONF, "socially oriented NGOs" and public chambers.
In 2010, the President of Russia signed a federal law regulating the process of resettling people from dilapidated housing. It was planned that by the end of this program, citizens living in emergency housing would be relocated to modern and safe houses with favorable living conditions. But as it turned out, in 2016, the program for the demolition and resettlement of dilapidated housing was not carried out by all regions of the Russian Federation. In this regard, the government has postponed the deadline for the resettlement of citizens from critically outdated facilities to September 31, 2017.
According to the terms of the “Modernization of Communal Infrastructure Facilities” program, funding for resettlement comes from. At the same time, the authorities of the constituent entities must approve individual resettlement programs for a period of three years. Since in 2007 the resettlement and overhaul of the housing stock is supervised by the Housing and Communal Services Fund, it is this structure that creates regional commissions that determine the condition of houses.
The action of the state resettlement program applies only to houses that are officially recognized as emergency, that is, unsuitable for life. Housing is considered dilapidated if the deterioration of the building is at least 70%. Determination of the degree of wear and tear of housing is carried out by specially created interdepartmental commissions (paragraph 4 of article 15 of the LC RF). According to paragraph 7 of the same article, if the commission declared the object unfit for habitation or emergency, then this object will be demolished or reconstructed.
The interdepartmental commission checks only those houses that are included in the individual regional development program. However, a commission check can also be created if there are numerous written requests from the residents of the house. During the inspection, the commission draws up an act and makes a decision on the condition of the object. For work, the commission's specialists will need floor plans, applications from residents, technical passports and copies of documents confirming ownership.
An emergency (unsuitable for life) residential facility is recognized if the following factors are present:
Resettlement is provided only for residents of emergency housing stock, because by living in such facilities, they risk their lives and health. But the resettlement is not designed for citizens living in houses that are recognized as dilapidated. However, with a significant degree of deterioration, the object may receive the status of dilapidated housing, which means that the house will soon be demolished.
Read also: Necessary documents for registration of emergency housing, the timing of the demolition and the procedure for obtaining an apartment.
If tenants suspect that the technical condition of their home is uninhabitable, they should contact their local government. When citizens apply, representatives of regional authorities are obliged to send residents to a specialized organization to determine the condition of buildings. Having received the conclusion of specialists, residents should contact the interdepartmental commission, which will conduct an examination.
To apply, you will need to provide the following set of documents:
After checking, the commission is obliged to make a decision within 30 days. But if there is a danger to the health or life of residents, the conclusion of the commission is issued within 1 working day. In the event that the commission did not recognize the object as emergency, but the residents do not agree with this decision, they can apply to the court to involve independent experts.
Read also: Renovation of five-story buildings of unbearable series in Moscow in 2019: latest information
If the condition of the house is recognized as emergency, local governments are obliged to relocate the tenants as soon as possible. In this case, the following conditions must be met during the resettlement process:
1. Owners (tenants) of emergency housing receive housing of the same size. New housing must be well-maintained and equipped with a stove, plumbing, heating, sewerage, water supply, and electricity.
2. Residents are provided with three options for resettlement, but the individual wishes of citizens are not taken into account.
3. Residents living in an emergency facility under a lease agreement receive new housing under the same conditions.
4. The footage of new housing is calculated on the basis of current norms for housing provided under social rent. For example, a family consisting of two people will receive a one-room apartment with an area of 44-50 square meters. meters. A family of three will receive an apartment of 62-74 sq. meters. According to the norms, at least 18 square meters are allocated for each registered person. meters.
5. If a tenant of an emergency building was also on the waiting list for the improvement of living conditions, then upon resettlement he will receive an apartment, taking into account the missing meters. In special cases (for example, there are no apartments of the required size in the local housing stock), an additional apartment is allocated.
6. When resettled, citizens cannot settle in communal apartments.
7. New housing should be located on the territory of the same administrative region as the emergency facility. But with the consent of the tenants, they can be relocated to other areas.
8. Resettlement is carried out only if there is a written application from the owner.
9. The resettlement of all residents is carried out within a year from the date the house was recognized as emergency.
10. A detailed contract is drawn up between the owner of the future apartment and the owner of the house. As a rule, the owner of the house is the municipality.
11. If instead of a new apartment, the owner wants to receive monetary compensation, he can write a corresponding application. However, the satisfaction of the request is at the discretion of the municipality. In addition, the calculation of the compensation value is not beneficial to the owner of the demolished housing.
12. Relocation costs are borne by local authorities. However, freight transport is provided only once.
13. From the moment the house is recognized as emergency, the owners of the demolished housing do not have the right to change or sell the apartment. When such a transaction is made, it will be recognized as illegal.
14. After the conclusion of the contract between the owner of emergency housing and the owner of the house, the move must take place within one month.
15. If the owner of emergency housing lived in an apartment, the footage of which is significantly lower than the established norm, upon resettlement, he will receive an apartment with a standard footage, that is, the size of the new property will increase.
16. Residents of communal apartments receive separate apartments upon resettlement.
If the residents of the house do not agree with the decision of the interdepartmental commission, they will have to go to court. At the same time, as evidence that the commission made mistakes or violated the procedure for adopting an opinion, tenants will need to supplement their claim with a written opinion of an independent technical examination.