The program of relocation from dilapidated housing causes many complaints from citizens. This applies to how officials act. The legislation gives state representatives both powers and responsibility to citizens. The latter are endowed with a number of rights.
Where did the problem come from?
Over the years, housing purchased by people on one basis or another, comes into disrepair for various reasons. They are associated with the wear of the material from which the house is built. Living in such a building is not only uncomfortable, but also dangerous.
In this case, it is impractical to carry out repairs, and the purchase of new housing by the Russians today at their own expense is an almost impossible way. Therefore, measures began to be taken to eliminate dilapidated housing.
Legislative regulation
What does it consist of?
- ZhK (Housing Code) - it establishes general provisions on emergency and dilapidated housing and the rights of its owners.
- Decree of the Government of the Russian Federation of September 26, 2013 No. 1743.
- Government Decision of January 28, 2006 No. 47.
- Regional programs based on the above regulations.
To assess compliance, SNiP and other technical provisions are applied.
Decree No. 1743 describes a set of measures and bodies responsible for their adoption. These powers are distributed between federal and regional authorities.
The second normative act partially describes the criteria for classifying housing as dilapidated or in emergency, as well as the procedure for assigning a house the appropriate status.
It should be noted that the program applies only to apartment buildings. Owners of individual housing are required to independently solve the problem of dilapidated housing.
Regional programs
At the level of constituent entities of the Russian Federation, local authorities are developing programs for relocation from dilapidated and emergency housing. How do they look? The act of the local government establishes a list of houses, the amounts allocated to the program, and the timing of its implementation.
In addition to the program, other normative acts are adopted. It should be noted that the regions have resolved this issue in different ways. This also applies to the number of regulations and the approach to their drafting.
At the same time, discrepancies should be taken into account, and local programs should be consistent with federal acts. In particular, whether to allocate compensation to citizens in the form of money that they spend on the purchase of housing, to provide apartments or houses purchased at the expense of the budget, is not allowed to resolve the issue without citizen participation. The choice remains solely with him.
Criteria for classifying housing as wrecked or dilapidated
The degree of deterioration is determined by two categories. This is a dilapidated and emergency housing.
The first category includes objects, the degree of deterioration of structures of which is 70% (we are talking about wooden and brick houses).
An assessment is made of the unsuitability of the supporting structures and the general condition of the house, compliance with the sanitary and hygienic conditions of living in it, whether there is a threat of bacteriological and chemical infection. For example, when there is no normal functioning of water and electricity supply networks, this is the reason to attribute the building to an emergency or dilapidated one.
In emergency housing, the degree of deterioration of the supporting structures is from 70 to 100%.
To prove that the property is truly dilapidated housing, competent persons must consider many factors. In practice, one of the criteria for recognizing a house as dilapidated or emergency is to exceed the age of its operation.
Houses with communal apartments built during the reign of Khrushchev, expected to use an average of no more than 50 years from the date of construction. The term of their operation significantly exceeds the time allotted to them, according to the technical documentation.
The program for relocation from dilapidated and dilapidated housing is sometimes amended accordingly.
Who is entitled to submit documents
An application from a citizen is submitted to the local municipal or city administration. Representatives of city or municipal services are also entitled to initiate the process of checking the house.
Applicants may be, in addition to owners, persons who have the right to reside, in accordance with applicable law. As well as persons representing the owner, including organizations responsible for managing social housing.
Representatives of the authorities are required to send a conclusion to the commission that there are reasons to consider the house unsuitable for living.
The list of documents and the order of their direction
A sample list is described in Resolution No. 47:
- a statement declaring the house unsuitable for habitation;
- copies of documents confirming the right to housing, if it is not registered in the register of rights to real estate;
- the conclusion of a specialized organization that assesses the dilapidation and accident rate of housing;
- the conclusion of the organization conducting design and survey work, if necessary;
- statements, letters, complaints of citizens living in the house on living conditions.
An application with the attached documents is submitted either in person or by sending a letter. It is allowed to submit documents in electronic form, but the applicant is required to certify their authenticity with the help of electronic digital signature (electronic digital signature).
If documents are submitted by officials, the commission informs the owner of this and invites him to submit additional papers and state his opinion.
Who makes the decision
As a rule, representatives of a number of bodies are included in the profile commission, which has the status of an interdepartmental body. It:
- Department of Architecture and Urban Planning;
- housing inspection;
- Department of Public Utilities and Accomplishment.
Representatives of other bodies or organizations on an ongoing basis may also be included in the commission.
The commission acts on an ongoing basis. The body is headed by the chairman, whose vote is decisive in deciding whether the home is unfit and emergency.
The commission is created by representatives of the regional authorities responsible for the implementation of the "dilapidated housing" program. First of all, they are responsible for its implementation. The federal government allocates money and controls its use. If funds are not used up, they are withdrawn to the federal budget.
Commission work scheme
Members of the commission study the received materials. Determined by the conclusions of which bodies and organizations need to get. It is decided who will personally prepare these conclusions. Persons entitled to draw up design documentation and engineering surveys are involved.
Inspection of the house, its structures should be carried out directly by employees of the organization having the right to engage in the above activities.
The commission has the right to request additional information and documents for work. Requests to citizens and legal entities are sent subject to the absence of relevant information from the authorities.
The results of the work are transferred to the head of the local administration or to a person authorized by him, an official order is made to declare the house unfit for living or not.
What decisions are made
According to Regulation No. 47, the following decisions are made:
- the house is considered unsuitable for living;
- recognized as emergency and subject to reconstruction;
- recognized as emergency, and it must be demolished;
- the house is not an emergency, there is no reason for demolition or reconstruction.
In the first and third cases, a program of relocation from dilapidated housing is included. The second option involves the inclusion of a house in the list of objects that are subject to major repairs. Its holding is organized by regional authorities.
Litigation
If citizens do not agree with the actions of officials, they have the right to file a lawsuit to declare the order illegal. There is a choice: apply to the prosecutor's office (and in some regions its employees file lawsuits in favor of citizens) or unite and turn to the court on their own.
The main mistake made by the plaintiffs is the confusion with the subject of the lawsuit. An order should be appealed, and not an act of examination or the conclusion of a commission. They are considered intermediate documents and are evaluated in conjunction with other actions of officials.
An equally important point is the need to appoint an examination that would confirm the plaintiffs' arguments.
The third point is the correct formulation of the claims of the claim. The court has the right to only cancel the order and oblige to appoint a new consideration of the issue. Not included in his duties and forcing the authority to demolish dilapidated housing.
Compensation to citizens
Owners and homeowners are entitled to rely on the following options, according to programs of resettlement from dilapidated housing:
- providing a similar facility in terms of area and location (in the same district of a city or settlement with a similar size of living space);
- receiving monetary compensation, which is equal to the market value of the object;
- citizens at the time of repair are invited to relocate to another room.
Money is not issued in pure form by transferring to a bank account, but in the form of a certificate redeemable by purchasing a home.
What difficulties do citizens face?
From time to time, there are reports in the media about the unjustified refusal of officials to declare the property unsuitable, and, on the contrary, they are trying to recognize a house in good condition as emergency. The reason is that the house is demolished, and the land becomes the property of the authorities, who are then entitled to dispose of it at their discretion. Under this scheme, expensive land is removed from citizens.
For example, in one city, citizens are moved from the center to the outskirts, but as you know, the price of housing in different areas of even one city is significantly different. Complaints have been received regarding the poor quality of construction of new houses into which former owners of the demolished building are moving.
Redemption payments offered by the authorities are also sometimes underestimated and do not correspond to market prices. The only way out is to file a lawsuit in court in all cases. The Armed Forces of the Russian Federation published a review of the practice of applying legislation on recognizing homes as emergency.
Unfortunately, not all courts, including the Supreme, take note of this document and the provisions of legislative acts.
Finally
The program of relocation from dilapidated housing provides citizens with the opportunity to change housing, which may be dangerous. At the same time, the proposed compensation is not always adequate to the value previously available. And the very procedure of including a house in the program is sometimes difficult due to the actions of officials.