The presence of dilapidated and dilapidated housing, living in which is life-threatening, is a serious problem for citizens. To solve this problem, the state adopted a federal resettlement program, which operated until September 31, 2020. Since it was not possible to close the issue completely before the specified deadline, a new program for resettlement from apartments and houses unsuitable for habitation was launched on January 1, 2020. The federal budget will allocate 431.9 billion rubles for this project in the period 2019-2024. Let's figure out what property owners need to know that are subject to the new legislation.
What laws govern the procedure?
According to the Constitution of the Russian Federation, every citizen has the right to housing and safe living in it.
The resettlement of citizens from dilapidated and dilapidated houses is carried out on the basis of the Housing Code of the Russian Federation and the Federal Law “On the Fund for Assistance to the Reform of Housing and Communal Services.” As well as the corresponding resolution of the Government of the Russian Federation regulating the recognition of residential premises as unfit for habitation, and an apartment building as unsafe or dilapidated.
Let's understand the terms:
Emergency housing is considered to be a house with a high level of wear and deformation of the main structural elements, making it unsuitable for habitation. Staying in such a room poses a danger to health and life due to the high probability of collapse.
Dilapidated housing is considered to be a building with a general deterioration of the structure of 70% or more for stone houses, 65% or more for wooden ones. At the same time, the key load-bearing elements provide the building with sufficient stability, but the building itself no longer meets the specified operational standards.
A premises unsuitable for habitation is a more comprehensive concept. A dwelling that poses a danger to human health or life not only due to the structural condition of the house, its state of disrepair or dilapidation can be recognized as such. And, for example, due to being in territories with exceeded sanitary and epidemiological indicators or in areas of possible destruction (landslide, avalanche, flooding, etc.), as well as the presence of other factors harmful to the environment.
Thus, the recognition of a residential premises as unfit for habitation is carried out on the following grounds:
- Actual wear and tear of individual load-bearing elements of a structure or building completely.
- Dangerous deformation of walls, foundations or supporting structures, creating the possibility of collapse of the structure.
- Impossibility of complying with sanitary and epidemiological standards due to changes in the indoor microclimate.
- Location of residential real estate in areas where sanitary and epidemiological safety standards are violated.
- Location of buildings in areas prone to earthquakes, landslides, flooding and other natural disasters.
- Damage to residential buildings due to fires, explosions and other emergencies.
In any case, only local authorities can recognize any building as dilapidated, unsafe or unfit for habitation. And citizens living in such premises have the right to apply to government authorities to obtain an appropriate decision.
The procedure for relocating residents from emergency and dilapidated housing in 2020
- significant deformation of the base has been identified in the building, so the foundation cannot be restored or repaired, since repair and reconstruction will not be able to solve the problem;
- there are no necessary communications in residential premises to ensure the comfort of life for citizens, and these include water supply, sewerage, electricity or heating;
- Central heating is not connected, so the apartments are heated individually in different ways;
- there are no windows, therefore, due to poor lighting, a danger to the health of residents is created;
- the building is built on a bad location, so the living quarters contain a lot of toxins or harmful substances, which is not allowed by law.
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Many people are forced to live in conditions that are considered unsatisfactory for life. This especially applies to those living in old houses where there are poor-quality communications, a sagging foundation, various systems are not connected, or there is significant damage to the walls and roof. Such houses, by decision of a special commission, are recognized as unsafe.
How to apply for relocation?
To become a participant in the resettlement program, you must complete the registration process for the resettlement program. Before this, you need to submit documents to the local administration to declare the housing unsuitable for subsequent residence.
The recognition procedure is as follows:
- Applying to a special commission at your place of residence with an application. This application can be submitted by the owner of the house or apartment.
- Conducting an examination of the dwelling by this commission to determine its suitability for habitation. The assessment is made on the basis of technical standards and sanitary regulations.
- Drawing up an appropriate act based on the results of the examination, which is carried out in three copies (the applicant receives one of them). For a document to have legal force, it must be signed by all members of the commission. The final decision on the inadmissibility of further residence in this premises is made within two weeks.
- If a decision is made that a home is unsuitable for habitation, then members of the commission must notify the local administration about this within five days.
- Local authorities issue a verdict on including residential property on the list of unfit for habitation. After this, the administration raises the question of relocating the applicants or reconstructing the building.
To get a new apartment, the owner writes an application addressed to the head of the local administration. A package of previously prepared documents will need to be attached to the application.
Here is their list:
- ID cards of all family members;
- certificate from the passport office about family composition;
- documents to confirm relationship if other relatives are registered in the premises;
- technical passport from the BTI and a copy of the plan of the apartment unsuitable for habitation;
- title documents for this residential property;
- written consent to relocation from all family members;
- consent to the processing of personal data.
All papers can be brought to the administration in person or sent by mail.
What kind of housing can be obtained under the resettlement program?
Legislative norms assume that the owner of the housing to be replaced will receive another housing on a “meter by meter” basis. This means that the administration must offer the citizen housing of equal size for resettlement. Moreover, it must be within the same locality in which he lived.
Replacement options depend on the type of residential property declared uninhabitable:
- The property is owned by the applicant. In this case, as a replacement, the administration must offer equivalent housing, both in the number of square meters and in the number of rooms. An alternative could be the redemption amount, which will be transferred to the owner’s account for the independent purchase of housing. This payment must include the market value of the apartment or house, as well as the owner’s expenses in connection with relocation.
- The apartment is part of a municipal or state housing stock. In such a situation, the administration must provide residents with separate premises of the same size as emergency housing.
An important point: if the option proposed by the administration for any reason does not suit the owner, then he has the right to refuse. In this case, local authorities will be obliged to find him a living space that will suit him.
Providing housing outside the locality in which the emergency premises are located is possible only with a written application from the owner. For example, when the administration of a territorial unit cannot provide a displaced person with an equivalent apartment.
