Citizens relocated from emergency housing should be provided with comfortable living quarters, equivalent in total area to the previously occupied one. At the same time, the right to be registered as those in need of residential premises according to the norms of provision is preserved.
At the end of 2014, the Supreme Court of the Russian Federation combined the most significant cases in the Review of Judicial Practice. Among the published cases is a civil case on the relocation of a family from an emergency apartment.
The local administration filed a lawsuit against citizens (a family of six people) to relocate them from the emergency municipal apartment.
The court of first instance dismissed the administration's claims.
Denying the claim, the court came to the conclusion that the provided housing does not meet the requirements of the law, since the defendants are registered in need of better housing conditions, and therefore must be provided with living space according to the standards of provision. Instead, within the framework of the above targeted program, one of the defendants was provided with a one-room apartment for the composition of a family of six.
The local administration appealed the decision, but the court of appeal upheld the decision of the first instance court.
Judicial Collegium for Civil Cases of the Supreme Court Russian Federation These conclusions of the courts recognized as illegal on the following grounds.
In order to create safe and favorable living conditions for citizens, the Federal Law of July 21, 2007 No. 185-FZ “On the Fund for Assistance to the Reform of the Housing and Communal Services” establishes the legal and organizational framework for providing financial support to the constituent entities of the Russian Federation and municipalities, including resettlement of citizens from emergency housing stock.
The presence of a regional targeted program for the resettlement of citizens from dilapidated housing stock is one of the conditions for the participation of the subject in the implementation of this federal law and receiving financial support for its implementation at the expense of the Fund for Assistance to the Reform of the Housing and Communal Services (clause 11, part 1, article 14, article 16 of the Federal Law N 185-FZ).
According to the passport of the regional targeted program for the resettlement of citizens from emergency housing stock, the goals and objectives of this program are: improving the living conditions of citizens, resettlement of citizens from emergency housing stock, recognized in the established manner as emergency and subject to demolition due to physical deterioration during operation, liquidation of the existing emergency housing stock. The specified program sets the deadlines for the resettlement of residents of emergency houses.
Part 3 of Art. 16 of Federal Law N 185-FZ, it is determined that the resettlement of citizens from emergency housing stock is carried out in accordance with housing legislation. Housing provided to citizens when they are resettled in accordance with this federal law from emergency housing stock may be located at their place of residence within the boundaries of the corresponding locality or, with the consent in writing of these citizens, within the boundaries of another locality of the subject of the Russian Federation, on the territory of which a previously occupied dwelling is located.
The procedure for the resettlement of citizens from emergency housing stock is regulated by Art. 86-89 ZhK RF.
By virtue of Art. 86 of the Housing Code of the Russian Federation, if the house in which the residential premises occupied under a social tenancy agreement is located is subject to demolition, the body evicted from it by citizens state power or the local self-government body that has decided to demolish such a house, other well-appointed living quarters are provided under social tenancy agreements.
According to Part 1 of Art. 89 of the Housing Code of the Russian Federation provided to citizens in connection with eviction on the grounds provided for in Art. 86-88 of the said code, another residential building under a social tenancy agreement must be well-maintained in relation to the conditions of the corresponding locality, equivalent in total area to the previously occupied residential premises, meet the established requirements and be within the boundaries of this locality. In the cases provided for by federal law, such provided residential premises, with the consent in writing of citizens, may be located within the boundaries of another locality of the constituent entity of the Russian Federation, on the territory of which the previously occupied residential premises are located. In cases stipulated by federal law, citizens who are registered as needing residential premises or have the right to be registered as such, residential premises are provided according to the norms for the provision.
Federal Law N 185-FZ is not one of the laws referred to by the reference norm of Part 1 of Art. 89 LCD RF.
In accordance with the explanations set out in paragraph 37 of the resolution of the Plenum of the Supreme Court of the Russian Federation of July 2, 2009 N 14 “On some issues arising in judicial practice when applying Housing Code Russian Federation”, in case of eviction of citizens from residential premises on the grounds listed in Art. 86-88 of the Housing Code of the Russian Federation, another comfortable dwelling under a social tenancy agreement, equivalent in terms of total area to the previously occupied one, is provided to citizens not in connection with the improvement of living conditions, and therefore other circumstances (named, for example, in part 5 of article 57, article 58 of the Housing Code of the Russian Federation), taken into account when providing residential premises to citizens who are registered as in need of residential premises, are not taken into account. At the same time, citizens who, in connection with the eviction, were provided with another equivalent residential premises, retain the right to be registered as in need of residential premises, if the grounds for such registration have not disappeared for them (Article 55 of the LC RF).
The provision of another dwelling to citizens in connection with the demolition of a house is of a compensatory nature and guarantees them living conditions that should not be worsened in comparison with the previous ones, while at the same time improving living conditions in terms of security.
Many people are forced to live in conditions that are considered unsatisfactory for life. This is especially true for those living in old houses with poor-quality communications, sagging foundations, not connected to different systems, or with significant destruction of walls and roofs. Such houses are recognized by the decision of a special commission.
All people living in such houses are necessarily subject to resettlement, both apartment owners and people who have drawn up with the municipal authorities.
Program Information
The program, on the basis of which people must move from emergency houses, is called "Housing". It has been extended until 2020.
The program was launched back in 2002, its main purpose is to provide citizens with quality living quarters that are safe for life. This enables people to receive residential real estate, which will have optimal conditions and connected communications.
It was planned that in all regions this program would end by 2010. But even in 8 years it was not possible to complete this process, so the program was extended until 2017.
The additional 7 years still did not bring a positive result, so the program was further extended, but significant changes were made.
The terms of participation
The procedure for resettlement from emergency housing in 2019 is carried out taking into account some conditions:
Many apartment owners were outraged by the introduced changes, but they are the result of the fact that many fraudulent schemes have appeared, on the basis of which people acquire dilapidated real estate, then they receive new housing, which they then sell at a higher cost, so the payment for new living space is represented by measures to combat illegal actions.
Criteria for selection of residential buildings
Buildings can be recognized as emergency only under certain conditions. These include the following:
- A significant deformation of the base was revealed 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 that ensure a comfortable life for citizens. These include plumbing, sewerage, electricity, heating.
- Central heating is not connected, so the apartments are heated individually in different ways.
- There are no windows, so poor lighting creates a health hazard for residents.
- The building is built on a bad site, so the living quarters contain a lot of toxins or harmful substances which is not permitted by law.
All of the above factors should be identified during the inspection by a special commission, and if significant violations are found, then the house is urgently subject to resettlement, for which it is included in the relevant regional program.
Checking the house for accidents can begin directly by the municipal authorities, for which the year of construction of the building, communications, data from housing and communal services or other grounds are taken into account.
It is not uncommon for tenants themselves to realize that their home is not habitable. For example, they see significant cracks in the foundation, the roof constantly leaks. Then a collective complaint is drawn up, sent to the administration of the region, indicating the need for an assessment. If the municipal authorities refuse to convene a commission, then the tenants can check the house on their own, for which independent experts are invited. If they generate a report on the basis of which the house can be recognized as emergency, then this document is attached to the application.
If there is evidence that the building is actually located in poor condition, the administration is obliged to appoint a commission to assess the structure. If it shows that the house is really emergency, then it is included in the program. All residents receive a notification that after a certain period of time they will be moved to new apartments, and their residential building will be demolished.
If the commission reveals the possibility of reconstruction or repair, then the tenants are moved to temporary apartments for a certain period of time.
Provision of new residential real estate
The regional administration should take into account some rules and requirements:
Often, apartment owners are faced with the fact that the administration sets the redemption price too low, so they can take this issue to court, for which they should first order emergency property to determine the market price.
It is important to understand all the features of resettlement, which should be studied by both apartment owners and tenants. Under such conditions, you can get the best buyout price or high-quality new property.
See the following video about the operation of the resettlement program from dilapidated and dilapidated housing:
The process of implementing the resettlement of citizens from dilapidated and dilapidated housing can be conditionally divided into three main stages:
stage 1 - development of a program with the participation of the constituent entities of the Russian Federation and its approval at the federal level, calculation of target indicators, approval of an action plan and deadlines for the implementation of the program;
Stage II - creation and approval of regional and municipal programs, their financing from the Housing and Utilities Reform Assistance Fund;
Stage III - directly the resettlement of citizens associated with the recognition of residential premises unsuitable for habitation, eviction, withdrawal of residential premises, demolition of emergency buildings, construction and purchase of new housing, provision of new housing, as well as encouraging investors and the population to participate in the construction of a new housing.
All these stages are not static, they are interconnected and are in constant development. Due to various circumstances, it is necessary to adjust the indicators of both regional and federal programs. Therefore, it cannot be said that the stages are strictly sequential or that one of them has been completed.
The start of the first stage of the modern state program "Providing affordable and comfortable housing and utilities for citizens of the Russian Federation" was actually given by the publication of Decree of the President of the Russian Federation of May 07, 2012 No. 600 "On measures to provide citizens of the Russian Federation with affordable and comfortable housing and improve the quality of housing and public services". This document obligated the Government to provide indicators of the quality of housing and housing and communal services within the specified time frame, develop a set of measures to improve housing conditions, develop a program for providing the population with affordable and comfortable housing, and prepare legislative proposals aimed at establishing a unified procedure for interaction between participants in the implementation of housing construction projects. Among other things, by March 2013, the Decree ordered to develop a set of measures aimed at solving problems related to the elimination of dilapidated housing stock.
In pursuance of the objectives set by the Ministry of Regional Development of the Russian Federation (hereinafter referred to as the Ministry of Regional Development of the Russian Federation), the state program “Providing affordable and comfortable housing and utilities for citizens of the Russian Federation” was developed, approved by Order of the Government of the Russian Federation dated November 30, 2012 No. 2227-r (hereinafter Order No. 2227- R). The program had very optimistic targets and was designed for three stages of implementation: 2013-2015, 2016-2017 and 2018-2020. Resettlement from dilapidated housing was supposed to take place as part of solving the problem of resettling the dilapidated housing stock of the subprogram "Creating conditions for providing affordable and comfortable housing for Russian citizens." One of the main expected outcomes of the state program was the absence of dilapidated and dilapidated housing stock. As part of the first stage of the state program, it was supposed to complete the resettlement of citizens from the housing stock recognized as emergency as of 01/01/2012. Accordingly, at the second stage of the program after January 1, 2016, the resettlement of citizens from the housing stock recognized as emergency and subject to demolition was to be carried out for account of funds from the budgets of the constituent entities of the Russian Federation and local budgets.
A set of measures aimed at solving problems related to the liquidation of dilapidated housing stock was approved by Order No. 1743-r. By this document, the Ministry of Construction of the Russian Federation and the Fund for Assistance to Housing and Utilities Reform were appointed the main responsible executors of measures to eliminate the dilapidated housing stock. The Ministry of economic development Russian Federation, Ministry of Finance of the Russian Federation, Ministry of Regional Development of the Russian Federation, Gosstroy of the Russian Federation.
But at this stage of development of the resettlement program was not completed. By Decree of the Government of the Russian Federation dated January 24, 2014 No. 71-r, the Ministry of Construction of the Russian Federation was appointed the responsible executor of the state program “Providing affordable and comfortable housing and utilities for citizens of the Russian Federation”. Then, on April 15, 2014, by Decree of the Government of the Russian Federation No. 323 “On Approval of the State Program of the Russian Federation “Providing Affordable and Comfortable Housing and Utilities for Citizens of the Russian Federation”, the state program becomes an act of a regulatory nature. As the tasks are completed, the indicators are achieved, the set of measures is adjusted by adding measures:
- a) on the formation of bodies executive power subjects of the Russian Federation registers of emergency apartment buildings, recognized as emergency after 01.01.2012, subject to resettlement, and lists of citizens subject to resettlement;
- b) on the formation and approval by the executive authorities of the constituent entities of the Russian Federation of regional and municipal targeted programs for the resettlement of citizens from apartment buildings recognized as emergency after 01/01/2012 (Decree of the Government of the Russian Federation dated 08/22/2014 No. 1604-r);
- c) monitoring and analysis of the implementation of regional (municipal) targeted programs for the resettlement of citizens from apartment buildings recognized as emergency after 01.01.2012.
In total, as of November 2016, Decree No. 1743 “On approval of a set of measures aimed at solving problems related to the liquidation of dilapidated housing stock” was adjusted eight times, including in 2016 - twice, the last change was made by Decree of the Government of the Russian Federation of 10/28/2016 No. 2288-r. That is, the program development stage is still in the adjustment stage.
Reasons for the inconsistency of the main program document are quite enough. Firstly, the state program is, of course, being developed on the basis of similar programs of the constituent entities of the federation and local governments, whose budgets were seriously cut in the face of an unexpected drop in income in 2014-2015, which entailed comprehensive adjustments to all expenditures. Secondly, the inertia of the processes of coordinating local and regional programs causes a temporary delay in achieving the indicators, which is why it becomes necessary to change the indicators of the current and subsequent stages of the program. The third reason is the delay in financing resettlement activities related to the first reason, which in some cases can also be of a criminal nature, for example, misuse of funds. All this leads to the need to adjust both the indicators and the timing of the program.
Such an approach to solving the problem of resettlement can be called programmatic with a big stretch. The program approach, in our opinion, involves the achievement of specific indicators in the performance of specific tasks within specific deadlines.
The policy of the regions regarding relocation from dilapidated housing is more specific than the state policy. This is most likely due to the requirements of Article 14 of Law No. 185-FZ on the existence of a regional targeted program for the resettlement of citizens from dilapidated housing stock, approved in accordance with Article 16 of Law No. 185-FZ. In this case, financial support is provided at the expense of the Fund for the resettlement of citizens from emergency housing stock. Article 16 of Law No. 185-FZ regulates the requirements for regional targeted programs for resettlement from emergency housing. Let us once again note the fact that the Housing and Public Utilities Reform Assistance Fund provides financial support for resettlement activities only from dilapidated housing. About dilapidated housing, due, apparently, to the lack of a legal definition in the law is not mentioned.
Almost all subjects of the Russian Federation, with rare exceptions, in 2013 adopted regional targeted programs for resettlement from dilapidated housing. And, since the municipalities in each subject are co-executors and participants in regional resettlement programs, they, in accordance with the requirements of the regional program, also approved the corresponding municipal resettlement programs. In essence, the difference between municipal programs and regional programs is only in planned performance indicators.
What are the main points that can be identified in regional and municipal programs for resettlement from emergency housing?
All programs accepted after January 1, 2013 must be completed by September 1, 2017. This is due to the fact that, in accordance with paragraph 6 of Article 3 of Law No. 185-FZ, the Housing and Utilities Reform Assistance Fund is valid until 01/01/2018 and is subject to liquidation in the future. But, judging by the pace of achieving the indicators of resettlement programs, not all regions will be able to fully fulfill the tasks by September 1, 2017. With a certain, rather high degree of probability, it can be assumed that the state will extend the period of operation of the Housing and Utilities Reform Assistance Fund.
Next important point of all programs, it should be noted that resettlement is carried out only from apartment buildings, recognized in the prescribed manner before 01.01.2012 as emergency and subject to demolition. Emergency housing, recognized as emergency later, should be resettled by decision of the municipal authorities only at the expense of the local or regional budget. According to Art. 20.9 of Law No. 185-FZ, regional authorities can apply for financial support for the resettlement of citizens from emergency housing stock, recognized as such after 01/01/2012, subject to a number of conditions: the existence of a regional program for the resettlement of such housing; obligatory inclusion of a list of apartment buildings recognized in accordance with the established procedure after 01.01.2012 as emergency and subject to demolition or reconstruction due to physical wear and tear during their operation; mandatory compliance with the requirements of Article 16 of Law No. 185-FZ, except for the requirements of paragraph 1 of Part 2 and Part 2.1 of Article 16 of Law No. 185-FZ. But the most important condition is the fulfillment by the region of the obligation to resettle citizens from emergency housing stock, recognized as such before 01/01/2012. If all conditions are met, financial support for new resettlement programs is possible at the expense of the Housing and Utilities Reform Assistance Fund within the limit of funds for resettlement established for subject of the Russian Federation.
According to the website of the Fund for Assistance to the Reform of Housing and Communal Services, as of November 2016, 35 regions were behind the schedule for the resettlement of citizens for more than three months. And only two regions by this time have successfully completed their programs: Moscow and the Moscow region. Taking into account the remaining time until the completion of the planned resettlement, the volume of unsettled areas - 5766060 sq.m, emergency living space and the rate of resettlement over the past years - 5635430 sq.m were settled in 2014-2015, it can be assumed that most regions will hardly cope with the resettlement programs. Therefore, it is not worth expecting that 31,322 emergency houses with a total area of more than 8,000,000 sq.m.
Of the differences in resettlement programs different regions Let us note the formation by some constituent entities of the Russian Federation of state regional housing programs by analogy with the federal program “Providing affordable and comfortable housing and utilities for citizens of the Russian Federation”, which include as subprograms measures for the resettlement of citizens from emergency housing stock. These, for example, are the State Program of the Samara Region "Development of housing construction in the Samara Region" until 2020, the State Program "Providing high-quality housing and services housing and communal economy of the population of the Republic of Tatarstan for 2014-2020" and similar programs of the Kaliningrad, Tula, Tyumen regions, Kamchatka and Primorsky territories, Chechen Republic. On the one hand, the formation of a comprehensive housing program makes it possible to solve the problems of building and repairing the housing stock, stimulating investors and providing housing for certain categories of citizens, relocating from dilapidated housing and providing state support measures in the acquisition of housing and many others. On the other hand, in such a turbulent economic environment, a failure in one routine will inevitably affect the performance of tasks in other routines. It cannot be unequivocally determined that comprehensive housing programs solve the set tasks with greater success than separate targeted ones and vice versa. For example, according to the Housing and Public Utilities Reform Assistance Fund, the Republic of Tatarstan is in the “red” zone, that is, the pace of resettlement is more than three months behind the planned ones. In the Samara region, the resettlement is proceeding according to the schedule. Although both regions solve complex housing problems.
At the third stage formulated by us, the resettlement of citizens is carried out directly, which is regulated by:
- a) Articles 32, 85, 86, 89 of the Housing Code of the Russian Federation;
- b) Decree of the Government of the Russian Federation dated January 28, 2006 No. 47 “On approval of the regulation on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as emergency and subject to demolition or reconstruction”.
The algorithm for the resettlement of citizens from dilapidated and dilapidated housing can be represented as follows:
- a) initiating the recognition of an apartment building as emergency;
- b) assessment and survey of an apartment building by an interdepartmental commission;
- c) adoption by the competent authority of a decision on the recognition of an apartment building as emergency or subject to reconstruction;
- d) direct resettlement of citizens.
Let's take a closer look at each of these stages. The procedure for recognizing an apartment building as emergency and subject to demolition or reconstruction is described in detail in the Regulations on the recognition of premises as residential premises, residential premises unfit for habitation and an apartment building as emergency and subject to demolition or reconstruction.
The basis for the assessment of residential premises by an interdepartmental commission may be statements by owners, tenants of premises, as well as the conclusion of state supervision and control bodies on issues within their competence. The application must be accompanied by copies of title documents for residential premises, the conclusion of a specialized organization that conducted an inspection of an apartment building. If necessary, a conclusion of a design and survey organization based on the results of an examination of the elements of the enclosing and supporting structures of a residential building, and at the discretion of the applicant-owner - statements, letters, complaints of citizens about unsatisfactory living conditions can be attached.
Commissions are created by the executive authority of a constituent entity of the Russian Federation - to assess residential premises of the housing stock of a constituent entity of the Russian Federation and by a local government body - to evaluate residential premises of the housing stock of the Russian Federation, apartment buildings that are federally owned, municipal housing stock and private housing stock. The commission includes representatives of the relevant executive authority of a subject of the Russian Federation or a municipal self-government body, representatives of state supervision (control), architecture, urban planning and relevant organizations, experts duly certified for the right to prepare expert opinions project documentation or results of engineering surveys. The owner of the dwelling or a person authorized by him is involved in work in the commission with the right of an advisory vote. An official of the executive authority of a constituent entity of the Russian Federation or a municipal self-government body is appointed as the chairman of the commission. The composition of the interdepartmental commission is of no small importance for making a qualified and competent decision.
It should be noted that Decree of the Government of the Russian Federation of August 2, 2016 No. 746 added to the Regulations on Recognition regarding the composition of the interdepartmental commission during the inspection of an apartment building from the date of issuance of a permit for commissioning of which no more than 5 years have passed. In this case, the assessment and examination is carried out by a commission created by the executive authority of the constituent entity of the Russian Federation, and if this commission includes persons involved in issuing permits for the construction of the surveyed house or in issuing permission to put it into operation, it is necessary to create another commission, composed of which the inclusion of these persons and their representatives is unacceptable. These conditions should help improve the quality of newly commissioned housing, the responsibility of not only developers, but also officials who make decisions in the urban planning sector.
The interdepartmental commission considers the received application within 30 days from the date of registration and, if required in the application to recognize the house as emergency or subject to major repairs, takes one of the following decisions specified in clause 47 of the Regulation on recognizing the premises as residential premises, residential premises unsuitable for residence and apartment building emergency and subject to demolition or reconstruction.
The received conclusion of the interdepartmental commission is the basis for the relevant executive authority, local self-government, within 30 days from the date of receipt of the conclusion, to decide on recognizing the premises as residential premises, residential premises unsuitable for citizens, as well as an apartment building emergency and subject to demolition or reconstruction. The owners of the premises can challenge the decision in court.
Then the executive authority, local self-government issues an order indicating the further use of the premises, the terms for the resettlement of individuals and legal entities in the event that the house is recognized as emergency and subject to demolition or reconstruction, or on the recognition of the need for repair and restoration work.
If deemed necessary, reconstruction or overhaul affecting structural elements buildings, apartment buildings, temporary resettlement of citizens into a mobile fund is carried out. The authors of the Guidelines for the protection of the rights of participants in the reconstruction of residential buildings of various forms of ownership in 1998 pointed to the need to adopt regional laws "On the protection of the rights of citizens while maintaining and updating the housing stock", territorial regulatory legal acts - Regulations on the procedure and conditions for the provision of residential premises under resettlement of citizens from houses subject to demolition, reconstruction or major repairs. In their recommendations, as analogues, they indicated Law No. 28-51 “On the protection of the rights of citizens in the implementation of urban planning decisions in the city of Moscow”, adopted by the Moscow City Duma on June 25, 1997 and the Regulations on the procedure and conditions for the provision of residential premises when resettling citizens from houses, subject to demolition, reconstruction and overhaul in the city of Chelyabinsk, adopted by the decision of the Chelyabinsk City Duma dated July 01, 1997 No. 11/12. Based on these recommendations, municipalities developed their own regulations on the procedure for resettlement of citizens, in particular, the Decree of the Administration of the city of Orenburg dated February 8, 2011 No. houses of the housing stock located on the territory of the municipal formation "city of Orenburg".
The procedure for providing residential premises in connection with the overhaul or reconstruction of a house is regulated by Article 88 of the Housing Code of the Russian Federation and provides for the relocation of the tenant and members of his family to the residential premises of the mobile fund and back at the expense of the landlord or the provision of another comfortable premises with the conclusion of a social tenancy agreement. With regard to citizens who own residential premises on the basis of a lease agreement and owners of residential premises, the courts apply the operation of the law by analogy. Thus, in the appeal ruling of the Murmansk Regional Court dated January 19, 2016 No. 33-8/2016 on the claim of the administration of the city of Murmansk against citizen K., who is the owner of the residential premises, on eviction from the residential premises for the period of repair work, compulsion to provide access to a dwelling, the judicial collegium for civil cases found that “Part 4 of Article 3 of the Housing Code of the Russian Federation allows eviction from a dwelling or restriction in the right to use a dwelling, including the right to receive public services, on the grounds and in the manner that provided for by this Code, such grounds include the ground specified in Article 88 of the Housing Code. Appeal The administration of Murmansk was satisfied, and the court ordered the citizen K. to be relocated to the residential premises of the mobile fund for the period of the overhaul according to the rules of part 1 of article 88 of the RF LC.
Upon completion of work on the reconstruction or overhaul of an apartment building, citizens who were provided with residential premises of the maneuverable fund are obliged to vacate them and, at the expense of the landlord, move to the residential premises previously occupied by them. The exception is cases when, as a result of reconstruction or major repairs, the area of \u200b\u200bthe residential premises provided under a social tenancy agreement changes. If the area decreases and as a result of this, the tenant and family members living with him can be recognized as in need of improved housing conditions or the area increases, significantly exceeding the norm for the provision of residential premises, then the landlord in advance, before the start of major repairs or reconstruction, must provide the tenant with suitable premises for conclusion of a new contract of social employment. In this case, we can talk about resettlement from dilapidated housing. When deciding on the reconstruction of residential premises owned by citizens, according to Krasheninnikov P.V., the size of this residential premises cannot be changed without his consent. In this case, when making a decision on the reconstruction of residential premises, a state authority or a local self-government body must obtain the consent of the owners of these premises for such reconstruction. If the owner of the dwelling does not agree that his premises be changed, then such reconstruction is impossible. Decree of the Plenum of the Armed Forces of the Russian Federation dated July 2, 2009
14 “On some issues that have arisen in judicial practice in the application of the Housing Code of the Russian Federation”, it is indicated that when the owners are resettled from residential premises in houses subject to reconstruction or major repairs, in the event of disputes arising from a change in the area of \u200b\u200bthe residential premises due to work performed, the court has the right, based on the norms Part of Article 7 of the Housing Code of the Russian Federation on the application of housing legislation, by analogy, apply to the named relations the provisions of Part Yu of Article 32 of the Housing Code of the Russian Federation on the withdrawal of residential premises from the owner by redemption or on providing him with another residential premises with offset of its value in the redemption price.
Thus, when an apartment building is recognized as subject to reconstruction or major repairs, in the ordinary sense, called “dilapidated”, the resettlement of citizens is temporary, depending on the availability of free residential premises of the maneuverable fund. If necessary and with the consent of tenants, owners of premises, it is possible to relocate them and their family members to other residential premises on a permanent basis.
If a decision is made to recognize an apartment building as emergency and subject to demolition, the body that made such a decision indicates the terms for the resettlement of citizens from the emergency building. It will depend on this when the lease agreements with the tenants of the premises will be terminated, and the owners will be required to demolish the emergency building. The appointed terms of resettlement cannot be made dependent on the availability of a plan and the term for the demolition of the house if, when considering the materials of the case on recognizing the apartment building as emergency, it is found that the residential premises pose a danger to life and health due to their emergency condition or for other reasons .
Employers under a social tenancy agreement shall be provided by executive authorities or a local self-government body with another comfortable living quarters under a social tenancy agreement of an equivalent area within the boundaries of the same settlement. The legislator means total area premises, not living quarters. If the resettled citizens are registered as needing residential premises or have the right to be on this register, then the premises are provided to them at the rate of provision. Paragraph 2 of Article 89 of the LC defines the right of the tenant and members of his family living with him to demand the provision of a separate apartment or living quarters, respectively, consisting of the same number of rooms in a communal apartment as before the eviction, if they occupied a separate apartment or did not less than two rooms. The number of rooms is taken into account only when moving out of a communal apartment and moving into a similar one. If the eviction occurs from the apartment, then the number of rooms in the provided residential premises is not regulated by law. With the written consent of the tenant, the newly provided residential premises may be located in another settlement. Citizens who refuse to terminate the contract of social employment without objective reasons, the landlord has the right to force the termination of the contract and eviction by filing a lawsuit in court. An example is the decision in absentia of the Chkalovsky District Court of Yekaterinburg in case No. 2-1433/2013 dated
03/29/2013 on the claim of the Administration of Yekaterinburg, the Administration of the Chkalovsky District of Yekaterinburg against the tenant under a social rental agreement for one room in a corridor-type house K. on eviction from the emergency living space occupied by him with the provision of another living space - one room of a larger area located in a three-room apartment. The court, having studied the case file, did not establish circumstances that would prevent the defendants from being evicted to the comfortable living quarters provided to them - a room in a three-room apartment, and satisfied the plaintiffs' claims, considering them lawful and justified. Subject to compliance with all the norms established by law on the livability of a new dwelling, location in the same settlement, compliance with the area and number of rooms, the expediency of a norm that allows citizens to be relocated to a separate room in an apartment remains in doubt. Thus, the long-term prospect of the existence of communal apartments is legislatively fixed.
For homeowners, things are a bit different. Recognition of an apartment building as emergency and subject to demolition or reconstruction, in accordance with Art. 32 of the Housing Code of the Russian Federation, is the basis for the body that made such a decision to demand that the owners of the premises in the specified house for its demolition or reconstruction within a certain period of time.
If the owners of the premises in the emergency house carry out its demolition within the period provided to them, the land plot remains in their common shared ownership. They have the right to make a collective decision to build a new apartment building or dispose of the land in any other legal way.
The current practice shows that the owners are not able to independently carry out the reconstruction or demolition of the house for various reasons, therefore, most often the land is withdrawn for municipal needs at the end of the period established by the decision of the local government. In this case, in accordance with paragraph 1 of article 32 of the LC RF, residential premises are confiscated from the owners, except for premises owned by the right of municipal ownership to the formation. The mandatory procedure preceding the withdrawal of the residential premises from the owner includes the adoption by the authorized body of a decision on the withdrawal of the residential premises, the notification in writing of the owner of the residential premises not later than one year before the upcoming withdrawal of the residential premises belonging to him about decision about withdrawal. In this situation, a legally significant circumstance is not only the fact that the competent authority sent the said notice to the owner of the residential premises, but also the fact that the owner received such a notice. Therefore, a message in the media (for example, on television, radio, in print media) about the withdrawal of a dwelling from a particular owner cannot be recognized as a proper notice to the owner about the upcoming withdrawal of this dwelling.
For the owners of confiscated residential premises at the moment there are two options for the development of events. They depend on whether apartment house, recognized as emergency and subject to demolition, into a targeted program for the resettlement of citizens from emergency housing stock.
The housing rights of the owner of a dwelling in a house not included in the targeted program for the resettlement of citizens from emergency housing stock are ensured in the manner prescribed by Article 32 of the Housing Code of the Russian Federation, that is, by buying out the withdrawn dwelling. The owner of a dwelling in a house included in the regional targeted program for the resettlement of citizens from emergency housing stock, by agreement with the executive authority or local government that made the decision to withdraw the dwelling, instead of paying the redemption price for the withdrawn dwelling, may be offered another comfortable dwelling premises on the right of ownership with offset of its value in the redemption price. In this case, the owner is paid the difference between the cost of the old and new residential premises, if the cost of the residential premises transferred into ownership in exchange for the withdrawn housing is lower than the redemption price of the withdrawn residential premises. In the case when the cost of the provided premises is higher than the redemption price of the withdrawn one, the payment of the difference in price can be assigned to the owner only by agreement of the parties.
According to the rules, Part 7, Article 32 of the Housing Code of the Russian Federation, the redemption price of the confiscated residential premises includes the market value of the residential premises, losses caused to the owner by the withdrawal of this premises, including lost profits, as well as the amount of compensation for unproduced major repairs. The purchase price can be divided into two parts:
- a) the market value of the dwelling, including the value of the share in the ownership of the common property in the apartment building to be demolished, including the value of the share in the ownership of the land plot under the apartment building. An inextricable relationship between the ownership of premises in an apartment building and the right of common shared ownership of common property in such a house, including a land plot, is established in the provisions of Articles 36-38 of the LC RF and Art. 290 of the Civil Code of the Russian Federation.
- b) losses incurred by the owner as a result of the withdrawal of the dwelling, established by paragraph 7 of article 32 of the LC RF.
That is, the owner has the right to monetary compensation for the costs of resettlement from the emergency house, unlike a citizen living on the basis of a social contract of employment, whose relocation to the residential premises of the maneuverable fund and back, is carried out at the expense of the landlord only when the residential premises are provided in connection with the capital home repair or renovation.
Compulsory seizure of a dwelling is allowed on the basis of a court decision on a claim brought against an owner who has not concluded an agreement on the seizure of immovable property for state or municipal needs, during the validity period of the decision on the seizure of a land plot on which such residential premises or an apartment building is located, in in which such residential premises are located, but not earlier than three months after the date of receipt by the owner of the residential premises of the draft agreement on the seizure of immovable property. The owner will be paid the redemption price determined by the court decision.
The considered procedure for resettlement is applied to apartment buildings that fall under the scope of resettlement programs, that is, recognized as emergency until 01.01.2012 and not included in such programs. And if in the first case financing is provided by the municipal and regional budgets in conjunction with
Fund for Assistance to the Reform of Housing and Public Utilities under the Law No. 185-FZ, then for emergency houses recognized as such after
On January 1, 2012, the regions have to look for their own ways to solve emerging problems. Especially if, when considering the materials of the case on recognizing an apartment building as emergency, it will be established that residential premises pose a danger to life and health due to their emergency condition.
In this case, the solution may be to indicate in regional resettlement programs, targeted or integrated housing programs the need to attract investments in the development of engineering infrastructure in areas released after the liquidation of the emergency housing stock, which will increase their sale value and thereby provide additional resources for the resettlement of citizens from the emergency housing. It is necessary to provide for alternative possibilities for the further use of the withdrawn sites, including the sale of sites that do not have utilities, with the developer's obligations to ensure their construction. Features of attracting investments are the rapid investment of funds in the development engineering systems and thus to the liquidation of dilapidated housing stock and the return of these funds on acceptable terms over a long period of time.
In the future, the sources of investment resources should be bank loans, municipal/regional bonded loans, capital investments under investment programs, including engineering infrastructure facilities financed on a concession basis.
In the Orenburg region, in order to increase the availability and comfort of housing, the quality of housing provision for the population, the State program "Stimulating the development of housing construction in the Orenburg region in 2014-2020" is in force, adopted by the Decree of the Government of the Orenburg region dated
08/30/2013 No. 737-pp.
In order to arouse commercial interest from a potential investor, it is necessary to have information about the land plots on which the dilapidated housing stock is concentrated, in terms of the possibility of carrying out urban planning and engineering work on them. In municipalities, it is advisable to talk about the concept of reconstruction of individual territories, approaches to their transformation from the standpoint of attractiveness for investors, residents and the municipality as a whole. Depending on the reconstruction strategy, the urban planning regulations of the zone are established with the prescription of the types and parameters of the permitted use of real estate. To increase the investment attractiveness of the housing and communal infrastructure, it is necessary to provide conditions for reducing the risks of potential investors.
Summing up the consideration of the stages of implementation of programs for the resettlement of citizens from dilapidated and dilapidated housing, it is worth noting that each stage has its own characteristics associated with the subject composition, implementation methods, and procedural features. The nature and resolution of disputes that arise during the implementation of resettlement also depends on which of these stages they appear.
List of used literature
- 1. On the Fund for Assistance to the Reform of the Housing and Communal Services [Electronic resource].: Feder. Law of July 21, 2007 No. 185-FZ. // ConsultantPlus: reference legal system. - Moscow: AO Consultant Plus, 1997-2017. - Access mode: http://www.consultant.ru.
- 2. On the federal target program "Housing" for 2015-2020 [Electronic resource].: Decree of the Government of Ros. Federation dated December 17, 2010 No. 1050 // Codex Consortium. - St. Petersburg: JSC Code, 2017. - Access mode: http://docs.cntd.ru.
- 3. On the approval of the state program of the Russian Federation "Providing affordable and comfortable housing and utilities for citizens of the Russian Federation" [Electronic resource].: Decree of the Government of Ros. Federation dated April 15, 2014 No. 323 // Code Consortium. - St. Petersburg: JSC Code, 2017. - Access mode: http://docs.cntd.ru.
- 4. Panin, A. N. Commentary on the Federal Law of July 21, 2007 No. 185-FZ “On the Fund for Assistance to the Reform of Housing and Communal Services” (item-by-article) [Electronic resource]. / A. N. Panin, V. Yu. Korzhov / ed. E.A. Kameneva // Information and legal portal GARANT.RU. - Moscow: LLC NPP GARANT-SERVIS, 2017. - Access mode: http://base.garant.ru.
- 5. Article-by-article commentary on the Housing Code of the Russian Federation / Ed. P. V. Krasheninnikova. - Moscow: Statute, 2012. - 620 p.
- 6. Reform of housing and communal services [Electronic resource]. / State Corporation - Fund for Assistance to Housing and Public Utilities Reform. - Access mode: https://www.reformagkh.ru.
- 7. Appeal ruling of the Murmansk Regional Court dated January 19, 2016 No. 33-3914/2015 33-8/2016 [Electronic resource]. // Legal reference system Pravo.gi. - Moscow: OOO SPS Pravo.ru, 2017. - Access mode: http://docs.pravo.ru.
- 8. On some issues that have arisen in judicial practice in the application of the Housing Code of the Russian Federation [Electronic resource].: Decree of the Plenum of the Supreme Court of the Russian Federation of July 2, 2009 No. 14 // ConsultantPlus: reference legal system. - Moscow: AO ConsultantPlus, 1997-2017. - Access mode: http://www.consultant.ru.
- 9. Decision of the Chkalovsky District Court of Yekaterinburg dated
- March 29, 2013 in case No. 2-1433/2013 [Electronic resource]. // Consortium Kodeks.- St. Petersburg: AO Kodeks, 2017.- Access mode: http://docs.cntd.ru.
