New forms of notifications for the demolition of residential buildings have come into force
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Until the end of the year, owners of houses and summer cottages, as well as owners of buildings and structures, may receive official letters demanding their demolition or reconstruction, as required by approved standards. How are the authorities obliged to compensate for lost property?
Types and rules of development. Let us clarify right away that this, of course, will not affect everyone. And only those whose property falls within the boundaries of zones with special conditions for the use of territories (ZOUIT).
As the Federal Cadastral Chamber of Rosreestr clarified, such radical measures may affect owners of real estate that fell into zones established before August 4, 2020.
How are authorities obliged to compensate for lost property?
Firstly, before establishing a new special zone, the authorities must conduct all negotiations with the owners of the houses and compensate them for the lost property
But, if it was built before the establishment of a special zone, the authorities or those for whom the special zone was established are obliged to compensate all losses to the owners and tenants of the buildings.
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But owners of property located in special zones established as of August 4, 2020 will not receive notifications. Article 55.33 of the amendments to the Town Planning Code clearly states that if a zone makes it impossible for capital construction projects to be located there, then the authorities are obliged to buy them.
As the Cadastral Chamber clarifies, before establishing a zone, the authorities must conduct all negotiations with the owners and compensate them for lost property.
In principle, the approach is quite reasonable: first you need to calculate how much real estate is located in the territory that you want to include in the zone. And maybe it’s worth, for example, building a road in another place so as not to ruin the municipal treasury by buying out expensive mansions.
How to avoid falling for scammers
When and how should notification of the demolition or reconstruction of a house or non-residential building be received? To avoid running into scammers who can take advantage of the situation and start sending “chain letters” to those whose homes or buildings are not located near special zones, you should pay attention to the following points.
As Marina Semenova, deputy head of the Federal Cadastral Chamber, explains, the notification is sent by mail. Sending by email is also possible.
Within ten working days from this moment, a similar message must be posted on the official website of the state authority or local government that made the decision to establish the zone, as well as in other official sources, for example, on the pages of district newspapers.
And if an apartment building is subject to demolition or reconstruction, then a notice about this must be posted in publicly accessible places: notice boards or at all entrances.
If there are several real estate objects located on one plot of land within the boundaries of the zone, then a separate notification must be sent for each of them.
“Of course, it is also possible to deliver the notice in person against signature. It is necessary to convey information to property owners in all possible ways,” says Semenova.
Another important point: the received notification must contain information about the document that establishes a zone with special conditions for the use of territories, as well as information about the document that directly determines its regime, and provisions establishing prohibitions or restrictions on the presence of people and the placement of objects within the boundaries of such a zone.
In addition, the notice must contain information and justification for the need for demolition or reconstruction.
The document also requires information about the copyright holder of the object in connection with the location of which the zone is established, and about state or local government bodies obligated to compensate for losses associated with demolition and reconstruction.
If the notice is published through official channels of government and local government, as well as in publicly accessible places, it must be supplemented with a list of addresses of buildings that are subject to demolition or whose parameters need to be brought into compliance.
How to demolish one wall in a brick house?
Before demolition begins, the following preparatory work is carried out:
- cover the floor with a protective layer;
- cover furniture from dust;
- remove electrical wiring from the wall;
- beat off the plaster with a hammer or chisel.
Based on the condition of the cement, they determine the quality of the masonry and decide how to break the wall. There are two ways to demolish brick walls. Poor-quality masonry is dismantled with a crowbar, striking the seams. High-quality - with a sledgehammer, installing and driving metal wedges into the crosshairs of the masonry until cracks appear in the seams, and then dismantling the bricks.
A private house. Reconstruction and its design
You have a private house. You decided to rebuild it. In order to avoid claims and fines, in accordance with the new regulatory documents, you need to correctly draw up the documents for the completed reconstruction. Without completing the documents, you will not be able to dispose of the building. What steps should I take?
-The first step in paperwork. Find documents for a land plot or order from the archives. For what? Find out the intended purpose of the land plot on which the house is built. This is to understand and decide on the location of the house and next steps.
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a) the house is built on land for individual housing construction (IHC) - will be considered as a residential building in a populated area.
b) built on land allocated for gardening.
c) the plot on which the house is located is not intended for the construction of a residential building.
-Next step. The cadastral engineer can order a technical plan for a house that has been reconstructed. Without this document, property registration is not possible in any manner. Neither within the framework of the dacha amnesty, nor without it.
-Action for houses on lands for individual housing construction. Here we act within the framework of the law, which came into force on March 1, 2019. Our actions will be of a notification nature. We send our notification to the local administration. Naturally, in this notification we indicate our personal data according to the passport of a citizen of the Russian Federation. Other documents must be attached to this notification:
a) a document confirming ownership of the land plot; b) a document prepared by a cadastral engineer - a boundary plan.
c) a previous document confirming ownership of the house;
d) urban planning plan of the land plot
Reconstruction work can begin only after notification of permission to begin the reconstruction process has been received. Reconstruction work may continue for 10 years from the date of receipt of the notification. The work must be carried out in compliance with all standards for individual housing construction.
Once the reconstruction work is completed, a notification must be sent to the local administration. Such notification is sent no later than one month after completion of the work. The following documents are attached to this notification:
A) new technical plan for the house. It will reflect the new parameters of the structure.
B) notification of permission for reconstruction work
C) and a document confirming payment of the state duty is required.
The administration will send your notification to Rosreestr about cadastral registration and registration of property rights, if it has no objections.
-Further action for those who have a house on land for gardening. Let’s take advantage of the amendments to the law on “dacha amnesty.” They came into force on 08/02/2019. They will be valid until 03/01/21. They are suitable for houses that are built on lands intended for gardening. We go to the MFC. We submit an application for property registration. We attach to the application a document on the ownership of the land plot, a technical plan and a financial document on payment of the state duty.
And the most difficult and unpredictable. Your house was built on a plot of land that is not intended for the construction of residential buildings. In this situation, we contact the local administration. The purpose of the appeal is to change the purpose of use of the land and the capital construction project on this site. There is little chance of getting a positive decision. If the decision is positive, we proceed according to one of two options - notification or dacha amnesty.
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The procedure for compensation for the demolition of private housing
If a citizen owns, by right of ownership, residential premises in a multi-apartment residential building, and this house (residential premises) is in disrepair or is in danger of collapse, is subject to conversion into non-residential premises or is subject to demolition in connection with the seizure of the land plot for state needs, then the enterprise, institution, the organization that is allotting a plot of land or is destined for a residential building (residential premises) to be refurbished, is provided to this citizen, together with his family members, as the owner of a residential premises, equivalent in terms of improvement, in total area not less than the previously occupied residential premises, or, at his request, a monetary payment is paid compensation for the residential premises owned by him.
Important
About the rights of owners and tenants Owners who have acquired an apartment subject to resettlement through inheritance, donation, purchase and sale, or exchange may, by agreement of the parties, exchange it for a new one of equal value. If the apartment owner does not agree with the result of the assessment, he may request the involvement of independent assessment specialists. When assessing housing, the area, location of the house, and interior amenities are taken into account.
The new apartment may be smaller, but in a more prestigious area, or larger, but on the outskirts. Since it is property, no one has the right to cut off “extra”, “unstandardized” meters. At the request of the owner, he can be paid the cost of the apartment without providing other premises. For tenants, the procedure is slightly different. If you find yourself with excess space, you can say goodbye to it, because the employer is provided with only a certain amount for free.
Compensation for demolition of a private house
The Constitutional Court of the Russian Federation recognized Art. 32 of the Housing Code of the Russian Federation corresponding to the Constitution of the Russian Federation and not violating the rights of citizens and owners of residential premises to provide them with housing.
How do residents resettle when residential buildings are demolished by developers? Investors and construction companies that are under contract with the city authorities to renew the housing stock must begin relocating residents six months before the buildings are demolished.
Residents of houses subject to demolition also have the right to receive financial compensation in exchange for the provision of new apartments.
The total area of the apartment of standard consumer qualities received as ownership must be no less than the total area of the residential building (apartment) subject to demolition, or with the consent of the owner may be less than the total area of the residential building (apartment) subject to demolition, but not less than the total area determined based on the calculation of 15 sq. .
meters per owner and for each member of his family registered at the place of residence in the residential building (apartment) subject to demolition.
If it is impossible to provide ownership of one apartment with standard consumer qualities of at least the total area determined in part one of this paragraph, the owner may be provided with ownership of several apartments with standard consumer qualities.
Procedure for compensation for demolition of housing: ask a specialist
Article 32 of the RF Housing Code contains complete information regarding the procedure for carrying out this operation, which states that the seizure by demolition of a private privatized house for state or municipal needs must be compensated without fail.
Since the demolition is carried out for state or municipal needs, the seizure can be carried out by one or another subject of the Russian Federation or any municipal entity by decision of either state authorities or local governments, and the procedure for preparatory measures and the adoption of the decision itself on the demolition of a residential building is determined by controlled by federal legislation. This decision is registered with the body that carries out the state.
registration of rights to property (real estate), as well as transactions with it.
The house is being demolished: what does the owner have the right to?
The cost of demolished fruit and berry plants and crops and other compensation for the seizure of a land plot are paid by state or other enterprises, institutions and organizations (except for housing construction cooperatives) to which the plots are allocated. The costs associated with the payment of these compensations must be made from the funds provided for these purposes in the developers’ consolidated estimates (included in the section “Preparation of the construction site”).
Question answer
Such compensation can be issued in the event of disputes that arise when residents do not want to move to another area of the city and want to buy their own housing to replace the one being demolished, if it is convenient for them to remain living in this area due to the proximity of work, hospitals, schools, etc. If old housing is demolished by a private developer, then the situation for citizens is simpler.
Especially if they are the owners of the land plots on which their houses are located. Then the developer must obtain the consent of the settler. It is no secret that citizens often make inflated demands in such cases, demanding several apartments, etc., instead of one dilapidated house.
But practice also shows cases of mysterious fires in demolished areas.
Demolition of a private house. owner's rights
The redemption price in this case includes the market value of the purchased premises and losses caused to the owner from the seizure of housing from him, including lost profits. In theory.
At the same time, the redemption price of residential premises cannot include expenses incurred by the owner after he was given a notice of repossession of residential premises, which significantly increase the market value of housing and are not necessary for the normal living of citizens in them.
In other words, in practice, this price does not take into account any losses, the cost of your repairs, it is minimal and difficult to challenge. Monetary compensation is paid to the homeowner if he generally refused to accept the offer to provide him with another residential premises in exchange for the seized housing.
What documents are needed to formalize the demolition of a house?
If there is a need to formalize the demolition of a house, you must first contact the local administration and obtain permission for demolition. It is worth preparing the following documents:
- application for permission;
- passport;
- document on ownership of the house and land;
- land plot plan.
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After the administration has issued a permit, you can begin demolishing the house, observing all regulations and safety standards. All communications are turned off, the building is removed, after which all garbage is removed.
After the demolition of the house on the site and its cleaning is completed, it is necessary to contact the BTI (technical inventory bureau) to inspect the house and draw up a report. The drawn up act will be the basis for canceling the record of the existence of the house.
Then an application is submitted to the registration authority, namely Rosreestr, to make a record of the termination of the existence of the house. The following must be submitted along with the application:
- technical certificate;
- document on the creation of a house.
What is a permit required for?
The legal specifics of our country, despite the presence of freedom of private property, provide for the protection of the rights of property owners, the public good, as well as the interests of persons for whom the future demolition of a building may result in embarrassment and inconvenience. Therefore, the legislator cannot allow anarchy and self-will in any case.
Permission will also be needed to take into account the interests of persons who may not agree with the destruction of the building, since this may infringe on their rights. For example, a neighbor whose barn or house adjoins the demolition site as a support will not like such a solution. During demolition, it is possible that neighbors' property or communications may be damaged.
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A new house was built instead of an old one: how to decorate it?
After the demolition of an old house, the owners of the site often begin construction of a new residential building. However, before starting any work, a construction permit is obtained, issued by the local government, that is, the administration.
According to Article 48, Part 3 of the Town Planning Code of the Russian Federation, there is no need to prepare new design documentation if an individual housing construction project is being built, reconstructed or overhauled. That is, if a residential building is being built with no more than three floors and is intended for one family to live in, then the house can be built without a project or according to design documentation prepared by the developer himself.
The procedure for applying and preparing the necessary papers for issuing a building permit can be found in Art. 51 of the Town Planning Code of the Russian Federation.
Along with the application for a building permit, you must also provide the following to the local administration:
- a document establishing the right to own a plot of land;
- land plan;
- plan diagram indicating the location of the individual housing construction facility.
Fee for issuing a permit in accordance with Art. 51 Part 15 of the Town Planning Code of the Russian Federation is not charged.
If a new one is built instead of an old house, then it must be registered with Rosreestr.
