A Novosibirsk resident bought an apartment in a building for demolition with a mortgage

What to do if the house is declared unsafe: step-by-step instructions for owners

Emergency housing poses a danger to its residents .
Due to the protection of the rights and health of citizens, authorities are obliged to relocate citizens from a collapsing house. But there are also situations in which local authorities act unlawfully towards the residents of the house and evict them for their own selfish purposes. There are some differences between the concepts of “dilapidated” and “emergency” housing. In the first case, the house has pronounced parts of structural failure. In percentage terms, this is no more than 40%. This can happen to a room that has fallen into a similar state over time. This is a completely natural situation.

Residents of demolished houses decided to move to apartments on the secondary market

March 14, 2017

Residents of dilapidated houses may soon lose the right to choose housing when relocating. The chairman of the Public Chamber commission for the development of social infrastructure, local government and housing and communal services, Igor Shpector, told Izvestia about this. Now a person whose house is being demolished can insist on being provided with an apartment in a new building instead and refuse housing purchased on the secondary market. The proposal to make such a refusal impossible was discussed last week at a meeting of the State Council working subgroup on the issue “On the liquidation of emergency housing stock.”

As Igor Shpector, who participated in the meeting, told Izvestia, during the discussion of this issue, members of the working subgroup came to the conclusion that the initiative should be included in the draft report that will be presented to the president.

“People don’t have to be moved into new houses. We need to offer them apartments on the secondary market. It is necessary to adopt a government decree prohibiting a resident of a dilapidated building from refusing to receive housing purchased on the secondary market if it is recognized as not in disrepair, said Igor Shpector.

The proposal to redirect migrants to the secondary market is motivated by the fact that many regions do not have the opportunity to build new residential buildings in the required volumes. In addition, this year the Fund for Assistance to Housing and Communal Services Reform ends. Namely, he directs funds from the federal budget to co-finance programs for relocation from dilapidated and dilapidated housing. It is still unknown whether the work of the fund will be extended, but even with subsidies from the center, many regions are not able to solve the problem - they do not have the money for it.

First Deputy Chairman of the RF OP Commission on Housing and Public Utilities, Chairman of the Executive Committee of the Russian Union of Taxpayers Artem Kiryanov considers it a logical decision to oblige those being resettled to take what they are given. However, in his opinion, special attention must be paid to monitoring the relocation to apartments purchased on the secondary market.

— The budget situation in many cities is quite difficult. The initiative to ban refusals to move into housing purchased on the secondary market is quite fair,” Kiryanov told Izvestia. “We must understand that people are being relocated from dilapidated housing not because the state owes someone something, but because living in such houses is dangerous for the lives of citizens. And the authorities are obliged to carry out the resettlement as soon as possible. But not every municipality has a flexible fund, and if somewhere does, these are, as a rule, former departmental dormitories transferred to the municipality. Authorities must consider the condition of the housing and its habitability for the next 10–15 years. It would be sad to see that people are moved from emergency housing to almost emergency housing (which just does not yet have such status). Mechanisms of public control in the housing sector should play a serious role here.

The expert emphasized that it is necessary to conclude contracts for the purchase and sale of housing on the secondary market and assess the suitability of this housing for living under the strict control of public organizations and the displaced people themselves.

The question of which housing is better - new buildings or purchased on the secondary market - is controversial. But immigrants should have the right to choose.

— Sometimes housing on the secondary market is better than in new houses. In new buildings there is approximately 1% defectiveness. In addition, in a house that is already in use, it is clear what is good in it, what is bad, and what and how much you have to pay for,” Galina Khovanskaya, chairman of the State Duma Committee on Housing and Communal Services, commented to Izvestia.

Evgeniy Bogomolny, head of the department of real estate management and land use problems at the Faculty of Real Estate Economics at RANEPA, also agrees with her.

- What's the difference - primary or secondary housing? The main thing is that it is normal and meets sanitary standards and safety requirements. And the secondary one is no worse. How many cases have there been when a new house was launched, and it was already worse than the emergency one. Of course, it’s good to have new housing, no one argues with that. But there are regions that don’t build much,” says Evgeniy Bogomolny.

According to Igor Shpector, there should be a choice, but migrants should not get too carried away with searching for the best option.

“If secondary housing is offered in its normal form - the city administration has repaired it, put it in order, _ and a person categorically refuses, this is wrong,” Shpector explained. “They offer him to leave the emergency barracks, but he says: “Only to new housing.” If a person is offered secondary housing of normal quality, then he should use this opportunity. Moreover, I propose to allow residents of the northern regions to move to secondary housing in other regions. People living in the north have the right to resettle. There is no need to wait for a person to reach a certain age. If a person wants to leave, evict, liberate and improve the health of the northern territories.

The expert said that on Monday he examined a letter from one large family.

“The woman was offered four plots of land, but she said, “No, I won’t go, I want it in such and such an area.” There must be some obligations on the part of the people who are offered housing and land. Many refuse for one reason or another, write complaints - wrong floor or something else. Although if the footage matches and the repairs have been done, there is nothing to refuse.

Igor Shpector proposes to give those being resettled the opportunity to refuse twice. The third time, he believes, the migrant should receive what they will give him if the housing meets the standards.

Source: https://izvestia.ru/» rel=»nofollow»>https://izvestia.ru

Privatization of emergency housing in 2020

When a house or other premises that residents occupy under social tenancy agreements is declared to be in disrepair, it is difficult to register it as property, since the privatization of dilapidated housing is prohibited by law. The dilapidated buildings must be demolished and the residents resettled, providing them with apartments of equal size.

The advantage of refusing to register emergency housing as the property of the tenant is that the technical condition of the other house and apartment in it will be better. Having privatized such an apartment, if necessary, it is easier and simpler to sell or exchange it than an emergency one.

Resettlement from non-privatized apartments

Those people who lived in a dilapidated building under a social tenancy agreement, upon resettlement, receive equivalent apartments of the same area

(Article 86 of the RF Housing Code). At the same time, those who are registered as needing housing can apply for the provision of apartments according to the established standards for provision (Article 89 of the Housing Code of the Russian Federation).

People who lived under social rent cannot receive monetary compensation upon resettlement. Only owners have this right.

Is it possible to donate an apartment in an unfinished building?

State registration of the specified contract (agreement) is carried out at the request of the parties to this contract (assignor and assignee). For government registration is also required: 1) the contract (agreement) itself on the assignment of rights of claim under the agreement for participation in shared construction; 2) a certificate confirming full or partial payment of the price of the agreement for participation in shared construction by the assignor to the developer acting as a party to the agreement for participation in shared construction, indicating the size and timing of payments and issued by such developer or the bank through which these payments were made (Part 10 of Art. 48 of the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate”).

My mother wants to buy me (my daughter) an apartment in a new building. Next week we are signing a preschool agreement; she will sign for herself, as I am married. Mom would like to immediately make a deed of gift for me, but is it possible to transfer the apartment as a gift if there is only a DDU agreement, the house is rented out only in 2020? The agreement will be registered in Rosreestr.

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Return

Is it possible to sell a donated apartment? Yes, we have already found this out. Only now the question remains: is it possible to return the property to yourself after concluding a gift agreement? Oddly enough, but here the answer is positive. This right applies both to the previous owner (until you receive the appropriate certificate) and to you if you made a decision to transfer the property. It's not that difficult to do.

Is it possible to return a donated apartment? Yes. But only if you can admit that the transaction is not considered valid. To do this, you must either have a sharply deteriorating financial situation after concluding the agreement, or evidence that the agreement was concluded under duress. There are also possible options for recognizing the donee’s actions as unlawful. We are talking about extortion, intimidation and other tricks in order to obtain real estate. In this case, the transaction will be declared invalid, and you will return your property.

Violations during relocation from emergency housing - if the apartment is owned, in 2019

To relocate apartment owners to a new house, residential property owners must contact their municipality administration and submit an application requesting that their house be declared unsuitable for permanent residence.

It is unclear how to create the fund, who will control and maintain it, noted Andrei Shirokov, head of the Committee on Entrepreneurship in the Housing and Public Utilities Sector of the Russian Chamber of Commerce and Industry. It is also not clear what is meant by minimum requirements: these could be dormitory standards or social norms established in a particular region (for example, in Moscow it is 18 sq.

Is it possible to sell emergency housing: is it possible to conclude a contract if the house is considered dilapidated?

Maternity capital can only be invested in improving housing conditions. The Pension Fund of the Russian Federation necessarily checks whether the family’s living conditions will improve, in particular, it evaluates the condition of the apartment building in which the apartment is located.

• Full names of the parties, their addresses and passport details;
• detailed description of the apartment according to the extract from the Unified State Register of Real Estate: address, footage, cadastral number and other information;
• the price for which living space is sold, in rubles in numbers and words;
• payment order;
• the procedure and period for the transfer of housing (according to the act or the functions of the transfer document are fulfilled by the contract;
• Additionally, a clause about accidents is included - that the seller notified and the buyer took note of this fact.

Gift deed for emergency housing

1. The owner has the rights to own, use and dispose of his property. 2. The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons, including alienating his property into the ownership of other persons, transferring it to them, while remaining the owner , the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in any other way.

Usually, for housing that is subject to demolition due to emergency conditions, a decision of local authorities imposes a restriction on making any transactions with it (sale, donation, exchange). Therefore, I recommend that you first find out if there is such a decision.

Actions of residents after the house was declared unsafe: features of resettlement

• dilapidated buildings in which the frame structure may spontaneously collapse;
• buildings located on or near landfills;
• buildings located in hazardous areas;
• buildings located in the power transmission line zone;
• destroyed completely or partially;
• buildings with excessive noise levels, for example, houses with windows facing the highway;
• buildings above which the garbage chute is located.

The main condition for social employers is that they cannot refuse the option offered by the state. In case of refusal, if the house is subject to demolition, the tenants will find themselves on the street, since state hiring does not imply a choice of several premises.

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What to do if the house is declared unsafe: step-by-step instructions for owners

1. At the expense of the owners, carry out an independent examination of the house to determine that it is suitable for living.
2. File a claim. One should be guided by the fact that authorities violate the rights and freedoms of citizens.

1. A special commission is studying a package of documents collected by residents or structures representing citizens' rights.
2. A detailed examination of the house is carried out.
3. Based on the results, a report is drawn up, which indicates all damage to the house, as well as the percentage of destruction.
4. An order is issued to carry out reconstruction or demolition of housing.
5. A copy of the order is given to homeowners for review. Nothing can happen without their knowledge. Residents can appeal this decision in court.

Is it possible to donate an apartment in a house for demolition?

If there is already a paper according to which the house is considered unsafe, and the time for demolition has been determined, then perhaps any transactions with the property for its sale, donation, etc. may be prohibited. If there is no such restriction, the pensioner can do whatever he wants with his apartment. Once all necessary documents are submitted to the Registration Center, the transaction is completed within one month. In this case, his sister will receive a new apartment.

House with 13 apartments. Next spring it will be demolished. A pensioner wants to give his apartment to his sister. Is it possible to draw up a gift deed now? And will this sister have the right to an apartment, because the address will change?

Determining the redemption price

Determination of the ransom price must be carried out taking into account Part 7 of Article 32 of the RF Housing Code. In particular, you need to consider:

• market value of the apartment;
• expenses incurred by the owner when repossessing housing: for temporary residence in another premises before purchasing a new apartment (house), expenses for drawing up documentation for the acquisition of new living space as a property, as well as termination of obligations to a third party ahead of schedule, taking into account lost profits.

The size of the redemption price for emergency housing is determined together with the owner. If controversial issues arise on this issue, resolution is possible in court. After determining the redemption price, the applicant receives a sum of money and has the right to use it for his own needs.

ATTENTION!

Due to recent changes in legislation, the information in this article may be out of date!
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How is a house recognized as unsafe?

The resident should contact the responsible person in the administration, where relocation options are offered. You can refuse one of the options in favor of a more acceptable one. But the best options are offered the first time. Residents of dilapidated houses have the right to prompt relocation if the house is in a life-threatening condition.

The concept of emergency fund is established by law. This is a collection of premises of an apartment building that is subject to demolition based on issued orders. The local administration must provide information about the recognition of the building as dilapidated or unsafe. The object is checked by a commission based on the submitted application. Existing damage and serious breakdowns are taken into account. Since there is no special formula or methodology, each object is considered individually.

Is it possible to sell emergency housing?

• The duration of the house's stay in the resettlement program - not a single official can accurately name the period when the owner will be given the keys to the new apartment. This may take a year, and sometimes 10-15 years or more. The longer a house is on the list, the greater the chance that resettlement will occur in the near future.
• The purchase of dilapidated housing is not always approved on credit - banking institutions are in no hurry to approve applications for mortgage or other types of lending for the purchase of dilapidated housing. If consent is given, it will usually be accompanied by expensive insurance. Banks thus protect themselves from possible losses associated with the condition of the house.
• Maternity capital cannot be used to purchase such housing, since its main purpose is to provide children with good, safe living conditions. Emergency apartments and houses are not suitable for this.

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However, you should not delude yourself and expect that the deal will be profitable. You can sell dilapidated housing, but is it worth buying it? They can purchase a plot of land and offer the owners an insignificant amount, which will be difficult to use for the purchase of good housing. In return, they may give you a spacious apartment, but in a very unfavorable location, on the other side of the city or even in another region. Nowhere is there a requirement to provide housing only at the place of residence of the owner, so proposals may turn out to be quite unexpected. According to the law, a person is allowed to refuse, but his refusal does not serve as a basis for non-receipt - accordingly, a situation is possible in which he will have to agree to at least something.

Possible difficulties

In practice, the purchase and sale of a distressed apartment may be associated with some difficulties, for which both the seller of the property and its potential new owner should be prepared.

Firstly, if the buyer purchases emergency housing with the aim of subsequently receiving a new apartment under an exchange agreement , which will have living conditions similar to these, he must take into account the fact that there are no 100 percent guarantees regarding the timing of relocation. The legislation does not prescribe specific time frames for resettlement, but leaves to regional executive and self-government bodies the right to independently determine them. And even if such deadlines are set at the local level in the resettlement program, this does not mean that no delays will occur.

Secondly, it is not always possible to get the expected housing in return. Often, an authority or local government may offer an apartment with conditions worse than the existing ones. The redemption price as an alternative option can also be significantly underestimated.

Then you cannot do without litigation.

Important! If the owner of an emergency two-room apartment is given a one-room apartment in return, but with similar conditions and area of ​​the premises, this is not a reason to file a lawsuit.

Thirdly, the buyer needs to be prepared for the fact that when applying to a bank for a loan to purchase emergency housing, a natural refusal may follow, since the financial institution is reinsured in case of unforeseen risks.

Fourthly, if a family has received a payment under the maternity capital program for the purchase of housing, it will not be able to spend it on purchasing a dilapidated apartment. It does not matter whether it is partial or full payment of its cost. This rule is related to the need to protect the rights of the child to safe living conditions.

Thus, purchasing housing that is part of a dilapidated building can turn into a risky business, leading to difficulties in obtaining another living space or compensation for the previous one.

The procedure for resettlement and the rights of owners of an apartment building recognized as unsafe

It is provided from the so-called maneuver fund. If the owner does not agree to temporarily leave the apartment, the issue of eviction will be resolved in court. According to the law, the owner retains the right to move into the renovated apartment.

The trial can take a very long time, and the decision is unlikely to be made in favor of the defendant. The court, taking into account the common interests of all tenants, will issue a ruling on forced eviction with compensation for damages. At the same time, we are no longer talking about providing equivalent housing. How much the owner will receive in this case is unknown.

Providing housing to owners during demolition of housing

Providing compensation for part of the residential premises is permitted only with the consent of the owner. Depending on whose needs the land plot is being seized, the purchase of residential premises is carried out on the basis of a decision of the authorized federal executive body, the executive body of state power of a constituent entity of the Russian Federation or a local government body.

The owner bears the risk of attributing to him, when determining the amount of compensation for residential premises, costs and losses associated with investments made during the specified period, which significantly increase the cost of the seized residential premises.

Article 85. Eviction of citizens from residential premises with the provision of other comfortable residential premises under social tenancy agreements.

Otherwise, all actions by the seller and buyer are carried out similarly to those actions that must be performed when selling a regular apartment.

Thank you for information! Only we have a problem in the Khabarovsk Territory, the city of BIKIN, our houses are recognized as unsafe. The company refused us, we are forced to look for housing to buy ourselves. And it’s generally useless to do anything. Help us!

Conditions and procedure for relocating people from emergency housing in 2020

The only document that mentions these concepts are guidelines for the maintenance and repair of housing stock. According to them, a wooden house with 65% wear and a stone house with 70% wear is considered dilapidated.

If the owner of at least one apartment in the building does not agree with the recognition of the housing as unsafe, the commission must go to court. The court will consider the expert opinion and the homeowner’s objection and make a decision on the demolition of the house or on the refusal of the interdepartmental commission.

Is it possible to rent a home through a buyout?

Attention! The absence of an agreement on the alienation of parts of the building for municipal needs entails the seizure of real estate without compensation from the state. In this case, the procedure will begin on the basis of a court order.

The redemption value of emergency housing is the price of real estate located in a house declared unsuitable or dangerous for habitation. The ransom price is determined by an expert commission organized to carry out appraisal work.

The provision of services is carried out under an agreement concluded between the expert and the customer. Payment of costs is entirely borne by the customer.

The state is trying in various ways to vacate such houses by evicting citizens, after which they can get new apartments.