The rights of residents of divorce and demolished buildings: Comments on the law. Options for new housing offered by the state owners and tenants.
Photoxpress.ru.
For several years now, we have been observing how the housing fund update program is being implemented. Many large cities are gradually joining the duct, many major cities are being carried out overhaul of the five-story buildings. What can residents of settlers and demolished buildings can calculate? We are going to tell about it.
The fate of each particular house solves the interdepartmental commission formed in the government, mayor's office or prefecture. The level on which it is created depends on the city (for example, in Moscow this occurs at the level of prefectures). The Commission estimates the state of the house and decides whether it is suitable for housing or not if it is possible to reconstruct it or it is subject to demolition. Contact the Commission have the right to an organization that maintains this house (Dz), or representatives of the homeowners' partnership (HOA). So that the Commission considers the issue of recognition of the house unsuitable for living, the applicant (in addition to the application itself) must submit notarized copies of the right-ending documents for residential premises, the originals of its plan and technical passport, as well as the conclusion of an expert specialized organization that conducts a survey of an apartment building for the subject His accidents. The Commission is required within 1 month to consider the application and make its verdict. Extreme cases by the decision of the Commission may be carried out an additional survey of the building. After the final decision was made on the demolition or reconstruction of the house, the authorities will determine the conditions for the further use of the premises, the timing and order of separation of residents.
Even if it is known that your home will be demolished, you have the right to privatize housing, which is occupied by a social hiring agreement. Avot to register a family member in such an apartment is allowed only with the consent of the authority (if the requirements for the accounting rate of the living space will not be violated). However, we remind you that you can register your minor child at the place of residence you can without any problems
Decision on demolition
So, you have to leave the apartment for a long time in cases if you are going to produce:The overhaul of the house-If it is not possible to spend it without removing the tenants (True, people who did not move during the overhaul, unanimously argue that they would love to go to the hotel or temporary housing, instead of waking up at the accompaniment of perforators and " Bulgarians ");
reconstruction of a residential building;
Re-equipment of the structure and premises in it that has become unsuitable for living, in non-residential. This is especially important for the historic neighborhoods of the city: the old mansions are increasingly transmitted to the non-residential foundation to make it easier to restore them. Demolition is not subject to both homes that form a characteristic building of a certain historical period (they are also called morphothipses). The morphothype house is interesting in the character of the planning, therefore the buildings of the 30-40s. XXV., If they are in good condition, will not demolish;
The demolition of the emergency house or house threatening with the collapse (for this building should be in the prescribed manner recognized by emergency or unsuitable for accommodation and not subject to recovery);
The demolition of the house as part of the city housing programs (for example, in Moscow and St. Petersburg, panel five-story buildings are now demolished, and soon, as planned, the turn of nine-storey "panels") will come;
Withdrawal of the land plot for state or municipal needs for the purposes of new construction and development of territories (for example, if next to your house is going to build an autotrass).
The Commission can recognize the emergency house for several reasons:
Because of its location (if the house is located in the zone of landslides, selent flows, snow avalanches);
If the deformation of the foundation, walls, supporting structures of the building due to natural causes (building wear) or due to fire, accident, explosion, earthquake, uneven soil drawdown;
When factors that interfer the normal life of people are recorded, such as noise (maximum permissible noise level in the daytime is 55DB, in the night-45DB). If noise cannot be eliminated with the help of engineering and design solutions, the house is subject to demolition.
The basis for demolition of the house is the ruling of the city administration. Approximately six months before the demolition of the city's leadership (in Moscow-Prefect of the Administrative District) issues a disposal of the removal of living citizens, but tenants from houses to be demolished under the reconstruction program and the housing fund should be notified of such a decision of the city authorities for 1 year. Conduct an investment competition for the reconstruction of the quarter or every home. According to his results with the winner, they conclude a contract, and in some cases the buildings demolish or reconstruct due to the city budget. In the Investment Contract is subject to registration in the Department of Housing Policy and Housing Fund. Investor is engaged in reconstruction or construction, and the city authorities provide a migrating fund (at the expense of the investor).
As soon as the structure is recognized as emergency and to be demolished or reconstructed, the city authorities report it to residents, look for them new housing. The demolition message is not only published in local newspapers and transmitted according to the relevant TV channels. Each owner of an apartment or apartment is invited to the conversation to the authority of the state power, in which a demolition or reconstruction commission has been created. VMoskwe knows such issues the Department of Housing Policy and Housing Fund of the City Government. The entrance of this conversation is discussed all the conditions of resettlement: the place where the apartment is to move, the number of the apartment, the number of rooms, conditions and the time of moving. The task of negotiations is to find the option that both sides will arrange, and if some questions remain unresolved, the owner of the apartment or the tenant is entitled to go to court. For six months before the planned crossing, residents should issue review orders. Hiring contracts are terminated only after a new housing warrant has been issued.
To buy out an apartment before (before the expiration of 1 year from the date of receipt of the owner of an apartment or a tenant notification of the demolition of either the reconstruction of housing) is possible only with the consent of the tenant. The same, if for some reason you do not agree to move, then evict you from the house to be demolished or reconstruction, urban authorities may not earlier than 1 year since the decision was made to demolish.
Residents of the demolished houses are required to provide new apartments or material compensation, by their choice. By law, the apartment should be equivalent, and compensation is equivalent. Interest of the law of Moscow N 21 of May 31, 2006. "On providing housing rights of citizens in the resettlement and release of residential premises (residential buildings) in the city of Moscow" The concept of "Equality" is not disclosed, but legal practice and decisions of the judiciary it is determined that the old and new apartments should be compared not only in a lotway or number of rooms . Residential premises are designed to accommodate people in them, so it is important to compare the consumer quality of apartments (size, layout, degree of landscaping IT.D.). The amount of compensation determines the parties on the basis of an independent assessment (that is, actually compensation - something average between the market value and the price of BTI). Compensation is provided in non-cash form; It must be spent on the purchase of residential premises. The exceptions are cases when the owner has a different apartment in which he will live, -Then compensation can be spent during other purposes.
Owners living in houses standing on Earth, which belongs to them (at the same time, the ownership of land must be appropriately decorated and confirmed by the right-point documents), the redemption price will be paid, and in cash. The size of the redemption price is determined on the basis of the market value of the exempted residential building. In addition, the redemption price includes a monetary expression of damages caused by the owner in connection with the seizure of property from him (this may be, for example, compensation for fruiting trees or shrubs).
Will your apartment will be repaired with a removal? Then you must provide housing from the maneuverable fund under a short-term employment contract (if the repair is not yet completed, and the contract term has expired, then the contract is automatically extended). In this case, you will pick up a comfortable apartment or a hotel room, but the metrar of such temporary housing does not necessarily meet the area of the apartment to be reconstructed.
In order to turn a living room into a non-residential, you need to perform several conditions. First, in the non-residential fund, either the entire building as a whole, or only apartments on the first floors of residential buildings. Secondly, such a house should not be present in the plans of major repairs and reconstruction. If the house was recognized as an emergency and at the same time not to demolish, it can be translated into a non-residential fund, but only if it is a historical value. Thirdly, if only part of the house is subject to re-equipment, then it must necessarily exist the possibility of arranging a separate entrance, which will be independent of the residential part of the building. Fourth, this room should not be burdened with the rights of any persons (that is, before re-equipping residential buildings, all their inhabitants without exception must be evicted and registered and registered in a new place of residence).
Experts say that unnecessary series of houses is practically no happening. Buildings are gradually included in the list to demolish and reconstruct. If neighboring houses plan to break, prepare for the fact that yours can also get into the number of demolished, although he is not in terms of plan. Makes its adjustments and road construction: new roads, junctions, tunnels increase the number of houses that will be unscheduled
New address or money?
The decision to move is accepted, but where to move? This question worries absolutely all immigrants. However, they have different status.
Owners of apartments. If you are the owner of housing, the new apartment is provided within the limits of the area in which you currently live. But from this rule there are several exceptions:
If accommodation is provided in an emergency order (for example, in connection with a natural disaster), the authorities of the city are eligible to choose an apartment outside the previous area of residence;
With the settlement of houses in the area, by virtue of historical, geographical and town-planning features, not common borders with other areas of the city, the residents of the demolished building are offered reviewing orders for apartments in homes located within the one administrative district, which includes this district;
If your family is demolished with your family, there are not one apartment, and two or more, then in the same area of living there may be only one of them, and all the rest be over his borders. This does not concern large families, where there are minors children, the apartment that they allocate them must be located in one area;
For Muscovites, the following rule is relevant: residents of the Central and Zelenograd administrative districts, whose house is in turn on demolition, can offer an apartment not within the area of residence, but within the county.
The owner of the housing can choose one of the apartments offered by the city authorities. But if he demands to provide an apartment at a specific address, in the house chosen by him, on a particular floor or with a certain number of rooms, it is not subject to satisfaction. If you yourself want to move from the homeworked house to another area, you can highlight the apartment there.
Perhaps after the resettlement, you intend to move to another city or expect to purchase a smaller square apartment and get a surcharge. Waich cases rules of resettlement provide for the possibility of providing monetary compensation for an apartment in non-cash form.
Owners of houses. What does the state offer to citizens living in their own homes? The recent history of the relocation of residents of the capital Boot from private houses to city apartments shows that the amount of compensation is often too small and does not always satisfy the inhabitants.
The peculiarity of this case is that the house belongs to residents on the right of ownership, but the land is given to the city. The law provides that the redemption price of real estate in this case should include not only the cost of the exempted residential house, but also the amount of all losses caused by the owner in connection with the coming relocation. If the redemption price or the proposed new apartment for some reason does not suit you, you are entitled to go to court with a claim for the proper amount or about the provision of an apartment in accordance with the requirements established by law. Legislation (Art. 32 of the Housing Code of the Russian Federation) on your side, since the redemption price of residential premises, deadlines and other redemption conditions are determined by the Agreement with the owner of the residential premises.
Assigners. What does it assume those who use the apartment on the terms of a social hiring agreement? They provide another landscaped room in the housing foundation of the city, but without the preservation of the previous area of residence, on the basis of the entire same agreement of social hiring. Extreme cases of the city's authorities can be selected for a semiconductor for the acquisition of the property or construction of an apartment, but it is rare.
The area of new housing should be equivalent to the size of the liberated. In addition, if the employer and family members living together with him, they occupied a separate apartment or more than one room in a communal apartment, then they have the right to demand the provision of a separate apartment or residential premises, consisting of the same number of rooms. Note that after the decision was made to demolish or reconstruct the house, you can privatize the apartment in which they live. It should only remember that this process is quite long (from 6 months to 1 year). Well, before the end of free privatization, it remains relatively little time - it has been extended only before January 1, 2010.
If apartment redemption in the house, which is demolished or reconstructed, then its value includes objectively the necessary costs of the owner for repairs and improvement, ensuring the use of the room in accordance with its intended purpose. However, if you started making repairs after you are officially notified about the coming resettlement, your expenses in the redemption price of the apartment will not include
Can the apartment become more?
If you are the owner, then with demolition or reconstruction, you will get housing the same area. However, it is possible to increase the area of the apartment - after all, according to the law, the social norm is 18m2 of the total area per person. What does this mean? The fact that the footage of the new apartment will depend primarily from the composition of your family.If you are a lone owner or housing, the maximum total area of the apartment allocated to you can make 36m2, that is, 2 times more regulatory. However, such an excess is allowed only in the presence of certain design features of the provided room. A studio apartment with a total area of 36-44m2, and a family of two people who do not consist of a friend should be offered a two-room apartment with an area of 36-50m2 from a total area of 36-44m2. A family of three can count on a two-bedroom apartment with a total area of 54-62m2 (if there are spouses among family members) or on a three-room apartment with an area of 62-74m2 (if there are no spouses in the family). Avot for a family of four or more people will be the main indicator will not be the number of rooms, but the total area is not less than 18m2 per each.
If the family has a sick, suffering from one of chronic diseases (their list is established by law) in severe form, then at least one isolated room for such a person must be in the apartment provided when moving. Additional meters are laid and in the event that there are candidates or doctors of science among family members. In addition, if there are adult family in the family, then in the new apartment, each of them should have a room.
But here there are your pitfalls. If you want to get the apartment more, deliberately worsen your housing conditions (for example, moving to the apartment, the area of which does not match the standard) or you have another apartment, then additional square meters will not provide you.
Well: As soon as the decision on demolition or reconstruction of the house is accepted, only owners are entitled to register new tenants in the apartment. Be careful: the number of owners of the apartment is increasing only if they are included in the certificate of ownership of real estate property (apartment). Therefore, the fact of registration in the former apartment of the new family member does not mean that you can qualify for an apartment in a newly built home. Inesley your son married or daughter got married, then select a young family in a new apartment when moving from the demolished or reconstructed home you can only if the new family member will become the owner of your apartment. It is possible to increase the number of housing owners, or by entering off a sales contract with them, or giving (concluding the contract of donation) a fraction of an apartment. However, consider: Practice shows that the sake of increasing the living space, future settlers often conclude fictitious marriages, so state authorities consider every such case separately. The tenants can register in the apartment only their minor children, and all other family members are exclusively with the consent of the authority, subject to the requirements of the law on the accounting rate of living space.
If the owner or tenant moves temporarily (in the case of overhaul or reconstruction with a removal), then at the end of the repair work, it returns to his former apartment. It is, however, so that the size of the premises after major repairs or reconstruction decreases. Those who lived in an apartment or room on the terms of social employment contracts, hiring, gratuitous, and those who live with them their family members are entitled to accommodate in this residential premises if the total area did not become less accounting standards for this family.
For those who are living on housing
Interestingly, if the owner of an apartment or his family members are in housing accounting (but they are recognized as needed in improving housing conditions only after March 1, 2005), the new residential premises will be provided to them in accordance with the norms, but under the social employment contract. This means that, having received a new apartment, the owner will become the employer, and their liberated former housing will be transferred to the city's property. Such a deprivatization scheme was designed primarily for those people who, for different circumstances, will not be able to contain the obtained apartment of a larger area. It should be remembered: if the tenant, the last 5 years intentionally worsened his living conditions, making real estate transactions, he will be offered only compensation or redeemed price of residential premises.
Perhaps the owner does not suit any of the apartments proposed to him by the city. Then he receives compensation or redeemed price, but it is not removed from the housing record. For the tenant of the residential premises, other rules apply: it will receive an apartment no matter when he was recognized as needing improvement of housing conditions. The only difference is that those who managed to stand up for housing until March 1, 2005, can provide housing under a social hiring agreement or a semicircle (to choose), and those who did it later will offer only residential premises under a social contract hiring.
As practice shows, at home, which recognized emergency, are far from always those: residents of the house and have not heard that something is wrong with their housing, and they did not complain anywhere. But the place where the house is worth, I liked the investor as a platform for the construction of an elite high-rise building, the next shopping center or an office building. Fighting with syndrome of a sudden "accidental", of course, it is possible and necessary, but only to all residents of this house together and through court
Order of move
As soon as the owner of the housing or the tenant and the authorities, who supervise the organization of the resettlement (prefecture, mayor's office, the Department of Housing Policy and Housing Fund), come to an agreement on the apartment provided, an agreement is concluded or an apartment purchase and sale agreement. However, if you move to a new building, which has not yet passed the city's property, first conclude a short-term employment contract. As soon as the documents on the house and the land are decorated (it can take from 6 months to 1.5 years), the contract is renewed. Two points are important here. First, in the short-term employment agreement should be a mention that it is subject to renewing. Secondly, the Agreement should also contain information that housing belongs to you on the basis of ownership, it is necessary in order not to undergo a privatization procedure (as well as for the owner not after moving in a municipal apartment) .
Recompute with the contract you are provided with another well-maintained residential premises, equivalent to the liberated area and the number of rooms. Note that the law does not allow the authorities to take extra charge for the difference in the cost of exchanged premises. Definition of the Presidium of the Supreme Court of the Russian Federation №148PV-02 dated April 2, 2003. It was recognized as contradicting federal legislation and inactive from the date of its adoption by paragraph 4 of paragraph 3.5 of provisions No. 30 from 18 and 2000. "On the procedure for resettlement of owners, employers, tenants and other persons from residential premises to be liberating homes, in which there is a municipal and state property of the city of Moscow" (this document is an application to the decree of the Government of Moscow No. 30 from 18 and 2000), which provided for a surcharge . Money with you can only take in one case: if you yourself want to increase the size of your apartment. To do this, it is necessary to personally write a statement about providing housing for more square. If you have already made such a "extra charge", but the area of residential premises did not increase the application for the provision of an apartment of a larger area did not write, then you can demand the return of this amount, but through court.
Difficulties may occur if the apartment is used on the basis of a social hiring agreement. Lawyers specializing in related conflict situations are recognized that it is extremely difficult to challenge such a surcharge in court. At the same time, the amount of surcharge depends on the solution of a public housing commission, and the method of its calculation is not always clear even to professionals. Experts give the following advice: if the required surcharge is excessively large, you can agree to move, but the size of it to challenge in court.
After the apartment is chosen, the tenants will have to move. It is necessary to free apartment no later than 1 month after the conclusion of the contract and obtaining a document on the ownership of the residential premises or cash compensation or redemption price. Avot for housing employers can be installed and another time depends on the terms of the contract. As a general rule, urban authorities provide migrants with a car for moving. This is done on the record on that day that will be convenient to those moving.