How to recognize a house in emergency? In what situation should citizens think about this, whom to contact, what documents to collect? What are the consequences of recognizing a home as an emergency? What are the owners entitled to rely on, and how to protect their rights?
general information
Housing stock, like other objects of the material world, tend to become obsolete and destroyed. Despite the fact that the shelf life of a house is much longer than that of a car or any other thing, it still expires. What should people do in such a situation? You can’t sell an apartment or a house, in this condition no one wants to buy them, repair does not make sense. For this purpose, a program has been developed to recognize homes as emergency or unsuitable for living.
Normative regulation
The basic document is the resolution of January 28, 2006, which includes the requirements for the living quarters of apartment buildings, a description of how to recognize the house as emergency.
The normative act reproduces the provisions of the Housing Code and other acts, in particular, building codes.
Despite its fairly clear provisions, homeowners have to go through more than one instance in order to achieve their goal.
The regional authorities are obliged to introduce a program for recognizing homes as emergency. It, on the basis of applications from citizens, includes facilities whose owners must be resettled.
Programs are written on the basis of federal recommendations, and money for them is allocated more often from the federal budget. Undeveloped funds are refundable.
Arbitrage practice
Judicial practice plays a role, with its help potential applicants can see how to recognize a house as emergency if it becomes necessary to file a lawsuit.
There is a review of the Armed Forces of the Russian Federation, noting the main difficulties faced by judges, and which are committed by participants in cases. Periodically, reviews are done by subject-level courts. Some cases fall into practice reviews issued each quarter by the country's highest court.
Using materials from practice, you can find out to what extent a crack in a wall is considered serious.
Does ownership form matter
As you know, part of the housing stock continues to belong to the state, subjects, municipalities, despite the transfer of its main part to private hands.
In this regard, the question arises, what type of property does the program apply to? The position explicitly indicates - it does not matter. The difference is that the authorities independently monitor their own housing stock, and tenants are not formally required to seek demolition of the house.
Which houses are included in the program
The criteria for recognizing a house as damaged or dilapidated are related to the degree of destruction of the main structures and the degree of possible harm. Below we consider each of the criteria, all of which are set out in the resolution discussed above:
- structural elements of the house are in a clearly worn condition, which makes it unreliable for living, the proper degree of strength is lost;
- the house is located in an unfavorable environment (an atmosphere saturated with toxic substances, radioactive radiation);
- unfavorable sanitary conditions that provoke the occurrence of diseases; it cannot be corrected and raised to the required level;
- major changes in the construction of the house - the destruction of the foundation, cracks in the walls, which are especially affected by stone, brick and wooden houses;
- the house was damaged as a result of a natural or man-made disaster;
- the structure is too close to the power line.
Objects are included in the resettlement program if there was a fire in the house and caused serious harm to it. Terrain conditions are also taken into account (for example, extremely high noise levels, regularly occurring disasters).
What is not the basis
Homeowners may ask for resettlement due to the lack of a number of benefits available in more modern facilities. For example, in an apartment building there is no hot water supply system, no waste chute, etc. Such requests are not considered reasonable.
It can only be about the destruction and the occurrence of danger to human health or life. The foundation of the decision of the authorities to recognize the apartment building as emergency is the opinion of experts. Depending on their assessment, a decision is made. At the same time, procedural rules describing the process cannot be ignored.
It is important to note that the defects serve as the basis for the demolition of the house and the resettlement of tenants if they are not eliminated by major repairs (the same cracks in the wall), or if it is not financially feasible (it is easier to give people new housing).
The procedure for residents
First of all, it is necessary to convene a general meeting of the owners of the house and submit a question for discussion. If the majority agrees, then a person is selected who will represent people in government and in relations with other organizations. In particular, who will directly sign the contract with organizations conducting the examination.
How to recognize a house in emergency? What documents need to be collected?
Sample list of documents
On the basis of what are apartment buildings recognized as emergency?
- Copy of the minutes of the general meeting of residents.
- A statement requesting that the house be damaged or dilapidated.
- Statements, complaints, letters to the authorities on the living conditions, acts, other documents confirming the words of the applicant.
- Copies of documents proving ownership (if for some reason the registration of ownership is not made).
- The conclusion of a specialized organization.
- The conclusion of the design and survey organization on the compliance of the house with the requirements for residential premises.
A person directly submitting papers to the interdepartmental commission is entitled to provide other papers and information. Regulatory acts specifically stipulate the absence of restrictions.
Examination at home
It is advisable to deal with it before contacting the authorities in order to provide themselves with additional guarantees of a legitimate decision. It is better to order a study in a non-governmental organization. But it must be licensed or approved by the SRO. The authorities, of course, have the right to ignore the conclusions of outside experts, but it will be much harder to do this if it is made before a negative decision on the application.
Who is considering the application
An interdepartmental commission is formed as part of the local municipal administration. It includes officials from federal and regional departments. The body is headed by the chairman. All documents are transmitted through the office of the administration.
Interagency Commission Actions
Information collected directly by its members representing various government departments is attached to the audit materials.
In particular, their opinion is issued by:
- fire control authorities;
- bodies of the sanitary and epidemiological service;
- housing inspection of the region;
- representatives of the commission request copies of inspection certificates for the house and materials on the repair work from the managing organization during the time during which complaints from citizens have been received.
The opinion of the authority is necessary depending on what circumstances the applicants refer to. If there was a fire in the house, documents from the Ministry of Emergency Situations are needed, if it concerns mold and fungus, papers are issued by SES, etc.
The Commission has the right to attract other competent services and organizations to study the issue. Its members have the right to directly examine the house, take measurements, and take samples. Their actions are recorded in acts of inspection of premises. Examination of the house is carried out repeatedly.
Commission Results
The legislation offers the following list of decision options:
- The fact that the building is unsuitable for living is recognized.
- An application for declaring a house emergency is considered to be justified. The house is proposed to be included in the reconstruction program.
- An application for declaring a house emergency is considered to be justified. It is proposed to include it in the list of facilities that are subject to demolition.
- The decision on the absence of grounds to consider the house as emergency and subject to demolition or reconstruction.
The results of the work are made out in the conclusion, which is submitted to the head of administration. He issues an order recognizing the house as emergency and subject to demolition or other maintenance, depending on the conclusions of the commission.
The final document of the commission should comprehensively reflect the reasons why it was these and not other conclusions that were drawn.
The Commission has the right not to consider the application on the merits if it is not possible to obtain a technical passport and extracts from the register of rights, as well as conclusions of supervisory authorities.
If the commission refused
Where should I go so that the house is declared emergency, if the authorities refused? The only way out is to appeal to the courts. The law allows no more than 3 months to appeal the decision of the head of administration.
What are the powers of the court? He has the right to declare the refusal unlawful, oblige him to reconsider the application and the available materials, and also point out the mistakes made during the commission's work. A judge does not have the right to declare a house emergency or unsuitable for living in it. Only the administration in the person of its head possesses authority for this.
In judicial practice, there have been cases where it was possible to recognize the house as emergency after the court overturned an earlier decision by the administration. Sometimes it was necessary to sue several times before taking the necessary actions on the part of executive officials.
Finally
To recognize a house in emergency is possible only by submitting an application and a package of documents to the interagency commission. It is advisable to conduct an examination by ordering it from a specialized organization.
Legislative provisions offer a basic set of documents, indicating the right of the applicant and the commission to collect additional information.
An opinion is issued, which then guides the head of the administration, recognizing the house as emergency and applying other measures to implement this decision.