The problem of housing in Russia is very acute. This is influenced by the constant increase in population that prevails over the appearance of new buildings. Most people do not have a source of income that allows them to buy a new apartment even once in a lifetime. Therefore, some citizens intentionally use housing degradation. The purpose of such a maneuver is to register with a government agency.
Unlawful methods are being taken to embark on turn. To improve housing conditions only a population of a certain category of citizens can count. The list of people is formed according to the criteria inscribed in the Housing Code of the Russian Federation. The basis for calculating the results is the minimum allowable area per person.
How to get an apartment from the state
The state has established a tight framework in which the statement is made on improving housing conditions. In order to get the desired squares, you need to document your rights. A thorough verification procedure is underway by civil servants.
A fixed rate of area per person is calculated legally. If the real squares are lower than the Housing Code establishes, then the state accepts applications for expansion of the area. As conceived by the creators of the program to improve the living area, citizens of certain groups cannot otherwise acquire normal living conditions.
However, the fact that Art. 53 ZhKRF provides restrictions for persons playing against the rules. So, the extension of the queuing period is provided. This is possible if there was a deliberate deterioration in housing conditions. In this case, there are some nuances that arise on the basis of one question about what constitutes a deterioration in housing conditions. With a deliberate decrease in living space, you can act in several ways:
- moving to a closer apartment through sale or exchange;
- moving into a house where many people already live;
- complete disposal of real estate (meaning citizens without a fixed place of residence);
- Unsubscribing an apartment to relatives or friends.
If a combination of circumstances indicates that unlawful acts have been committed, then the offender may be held liable. In practice, there is a delay of 5 years from the moment defined as the deterioration of living conditions. The RF LC does not have clear definitions and criteria that clearly indicate intent. Judicial practice accounts for more than 80% of winning cases in the field of municipal housing.
Who can qualify for an apartment
Unintentional deterioration of housing does not remove the right to stand in line. Such people include persons in the following cases:
- documented justification of the relocation of a relative who has lost his living space;
- adding a family reduces the number of squares per member;
- court decisions to seize a share in a house;
- loss of housing due to natural disasters allows you to stand on the line for improving housing conditions immediately and apply for a new apartment among the first.
Vague definitions of Art. 53 LCD RF allow you to turn the situation in the interests of citizens. The desired square meters are necessarily given to the person who competently built his evidence base. Only the lazy do not continue the struggle for their space, losing patience. Municipal housing can receive:
- low-income citizens;
- military personnel;
- police officers;
- civil servants.
For the use of housing, a social contract of employment is filled. Further use is free of charge. It will be difficult for a person who is not dedicated to the rules of counting citizens to purchase additional square meters to determine his rights to priority.
The composition of mathematical calculations includes a large number of parameters. Several subgroups of persons entitled to additional housing are clearly identified. They include large families, these include parents with more than 3 children. In addition to the number of family members, the calculation of the norm of living space per person.
To qualify for an improvement in housing conditions, you will need to collect a pile of papers. Documents must be certified in all necessary instances. These include:
- certificates of income from the place of work, absence of debts to the tax, family composition;
- papers confirming square meters in the apartment and the number of residents.
Each administrative district may require a package of additional documents, for which it is given a legal right.
Registration Procedure
The entire registration procedure is contained in the Housing Code of the Russian Federation. Having gathered the full information, we can finally understand all the subtleties of the legislation. The document was adopted in 2005 on March 1. Of particular interest is paragraph number 7 of the LC RF. It indicates everything that is contained in the concept of “deterioration of housing conditions”.
Each region has the right to determine its own standard of living space. The latest data in the field of lawmaking was determined by the year 2005 of March 1. For one family member, the lower limit of comfortable living in the apartment is set within 11 square meters. All citizens with lower scores are included in the group of applicants for new housing.
Privatized apartments are not involved in the calculation, we are only talking about social housing, which is registered by the state. The latest version of the Housing Code has changed the structure of calculating housing rates per person. Previously, living space was considered, which is much less than full. The ZhK from 2005 established the standards registering citizens on the number of the general quadrature of the room.
We explain that the apartment has 52 square meters of living space and 72 total. For one member of a family of five, there are 14.4 units, which is much more than the norm. However, if a relative with a child is added to the number of prescribed ones, then in the calculations it will already be 10.28. These data allow you to qualify for queuing.
However, the procedure for registering residents does not always allow people to register in apartments above the norm. The exception is minor children moving to their father or mother.
What rules do civil servants follow?
The findings are based on a legislative framework that clarifies the obligations of civil servants to conduct assessments within the limits of reasonableness and good faith. Abuse of legislative deficiencies leads to the conclusion that a citizen is a violator. A special case of judicial law is based on the facts of the application of subjective law to the detriment of social purpose. Thus, when worsening housing conditions, the ultimate goal of lawmaking is replaced.
Deliberate actions can be qualified as knowingly causing damage to the state. Following the comments on the Housing Code of the Russian Federation, points can be made regarding the actions of a person, which is considered a deterioration in housing conditions:
- Evaluation of the citizen’s actions leads to the undoubted fact of achieving the desired goal, that is, to stand in line for housing and to become one of those in need;
- analysis of the housing queue showed: the citizen was not registered before the check;
- the basis of the evidence is the search for intent to commit misconduct;
- deliberate actions have led to the possibility of registration.
The presence of positive results in the analysis of all four points will lead to full confidence that the deterioration of housing conditions has been committed. Judicial practice, in turn, shows the opposite points in the lack of evidence of citizen guilt.
What is not a violation
Under article 49 of the RF Housing Code, a citizen has the right to move into the category of needy and stand in line for housing. The duty of the state is to comply with the legal requirements of the people. Prior to the action, there were no complaints about the expansion of housing, as a result of which the norm per person became lower. Here contradictions arise: it is impossible to consider a person’s actions deliberate, because at the time of the act he was not registered and was not a candidate for housing.
The inability to recognize a citizen’s actions as deliberate comes from one point: at the time of the claim for a claim to expand the living space, the family did not have underestimated squares per person, and therefore did not have intent for an unlawful act. According to article 53 of the LC RF, the intentionality of actions consists in legally significant acts, the ultimate goal of which should be to reduce the norm of the territory of residence. There is an important condition - at the time of the act, one person had a living space above the norm.
There are some nuances of legislation in which a citizen’s guilt cannot be proved, although it is obvious. Human inaction is not classified as a deterioration in housing conditions. By manipulating a combination of circumstances, we can artificially create favorable conditions for joining the queue for housing. A protective mechanism against this kind of passive possession of the situation has not been developed. Such moments include non-entry into the inheritance. Part of the square meters of the apartment will go to the state; it will be forced to create the opportunity for the family to move to a more spacious living space.
What are the methods to reduce housing per family member
The legislation of the Russian Federation includes a complete list of situations that result in the intentional deterioration of housing conditions. The Housing Code of the Russian Federation does not bypass military personnel and members of their families; the same rules apply to them as ordinary citizens. According to the Housing Code, real aspects are ignored, from which a citizen can benefit. Among these are the lack of accounting for the cost of the apartment, the local area, internal items and the quality of the repair.
Under the article of deterioration will fall people who exchanged housing for more expensive, but having less living space. The basis of the charges will be a decrease in the norm per person. Deliberate actions are the following points, accompanied by a decrease in square meters per family member:
- withdrawal of a share from the apartment with subsequent sale to an unauthorized person;
- housing exchange;
- donation procedure;
- exchange after divorce or separation of adult children from the family;
- on the initiative of the employer, the contract of employment was terminated;
- registration in the premises of unauthorized persons.
It is legal to instill only:
- minor children;
- incompetent parents;
- husband or wife;
- step-children of a held wife or husband.
Section 51 LCD RF imposes liability for actions that lead to the loss of the premises of conditions for normal living. Lack of sanitary and hygienic measures during the use of housing.
What else can be perceived as a violation
The donation procedure to the state of the whole apartment or part of it cannot be perceived as a deterioration in housing conditions, only if it did not precede the application for improvement of living space. The time frame of the actions taken is also taken into account the illegality of actions. So, the spouse has the right to register housing for her husband, and the children unconditionally move in to their parents.
But if such an action takes place several years after registration in order to reduce the number of housing per person, then this will be a deliberate deterioration of housing conditions. All acts of inaction do not fall under the assessment: renunciation of an inheritance, acceptance of housing as a gift. Also, temporary residents are not taken into account housing standards.
In order to draw conclusions about the intentional deterioration of housing conditions, it is necessary to conduct a thorough analysis of all the circumstances of each particular case. Difficult civil-law relations between citizens and government structures make it difficult to evaluate the actions of employers. Often the decision to queue is made for reasons of reasonableness and good faith, pushing aside direct evidence of a violation.
Employer Responsibilities
The consequences of deliberate deterioration by citizens of their living conditions are the refusal to provide a new apartment. The next improvement date is after 5 years. This decision can be appealed through the court, if there is confidence and documentary evidence of the circumstances that led to this.
The servicemen do not conclude a social hiring agreement for the next apartment until the previous one is leased. Reasons for refusal may be:
- Prescribed wife or children remaining in the documents after the divorce.
- Housing is no longer suitable for living.
- The apartment is the subject of a dispute in court.
The tenant is responsible for the condition of the housing. He must keep it clean, carry out repairs in a timely manner. Prevent damage from third parties. Inaction in this matter may qualify as intentional deterioration of housing.
How is the calculation of square meters
In the legislation, the area of an apartment is taken into account based on the total quadrature. Not residential space is taken into account, but corridors, bathrooms, toilets, pantries are counted. The main attention is paid to the size of housing for placing on a queue of those in need.
According to federal documents, a reference is made to the 2008 Instruction, which should be guided in determining the new housing area. It indicates the standards that exclude the unreasonable distribution of the quadrature, when the bedroom can occupy 5 meters from fifty.
Local authorities have the advantage to create their own legislation. By this method, some regions calculate the total living space contrary to reasonable actions. Even balconies and loggias are laid in the standards.
The accounting norm can only be changed by the local government. In each region, it may differ. So for Moscow, the figure is 10 meters, below this bar is assigned the criterion of "needy." There is the concept of "provision rate" - this is the area on which civil servants are guided by the definition of the next housing. It is larger than the account, and for the current region is 18 meters.
How the state determines the solvency of citizens
The result of recognition of the poor happens in each region of the country in its own way. The average earnings in this area, the average market value of apartments, are taken into account. For this, the concept of "property security" is introduced. This criterion is compared with the cost of the apartment, which is required by citizens to comply with the standards. If the security is less than the latter, then the family is recognized as needy.
For the calculation of property solvency, more than 10 points have been introduced. There are a number of indicators, in violation of which the decision does not change in favor of citizens. The family must have one personal account, but if it is broken, then the calculation will be separate for each.
For quantitative assessment, the total family income and taxable property are taken into account. The normative act for determining the level of security is taken of the month when the application was submitted. Legislation in the regions is updated every quarter.Income is calculated according to personal income tax certificates for the previous 2 years.
The property value is invested in the calculation of property security. It includes all real estate: garages, storage rooms, cottages. Valuation is made at the cadastral value. Also considered ownership of movable assets: cars, boats and other vehicles that are registered. The accumulations are taken into account: in the bank account, the existence of mutual property, funds in the form of shares and securities.
What documents are needed for registration
For registration, you will need to collect the necessary documents. First of all, an application is submitted to the local government according to the established model. Identification documents must be presented with certified copies for each family member. The taxpayer identification number is attached to them.
All papers confirming kinship are also needed. These include: marriage, birth certificate, documents for the current living space. It takes into account the total family income, including all types of total income for the last 2 years.
It will be necessary to provide employment books, fixed-term contracts and other forms confirming employment. An analysis is also being made of all immovable property owned by the applicants. All types of objects subject to taxation are indicated. If a previously recognized deterioration in housing conditions has been appealed, then a court decision on this matter is attached.
