The concepts of "dilapidated and dilapidated housing" are not clearly defined in the legal literature. In fact, such buildings are recognized as buildings in which non-replaceable structures in which are out of order. Depreciation in such houses is about 70%. The problem of dilapidated housing is quite acute in the country today. In 2007, this question was raised by Putin. The President noted that relocation from dilapidated, dilapidated housing should be carried out within 48 hours. However, people have been in them for quite some time. 
Legislation
Some clarity in the problem was introduced by the Federal Law No. 185 “On the Fund for Promoting Housing and Utilities Reform”. The law provides for the demolition of emergency housing, threatening collapse. Along with this, government decree No. 47 is in effect today. In accordance with it, the Regulation on the recognition of the object unsuitable for living and subject to demolition was approved. However, the established criteria are very vague. In individual subjects and cities of Russia, attempts are being made to formulate definitions at the territorial level. So, according to the decree of the Moscow government, emergency housing is an object whose technical condition is defined as extremely unsuitable for people to stay in it (poses a threat to life, can collapse). At the same time, a special technique has been developed for determining the signs of a worn-out building.
The main aspects of the problem
Emergency housing in many regions remains a hot issue. The elimination of such facilities and the evacuation of people from them is considered one of the main tasks of the housing and communal services reform. Emergency housing not only spoils the view of the city as a whole. It poses a serious threat to the population. To date, the law obliges owners to carry out repair work on premises. However, not every owner can afford it. 
Emergency Housing Program: Current Realities
In 2010, a law was passed regulating the procedure for evacuating people from problematic facilities. But the topic of emergency housing had already grown by that time with a mass of myths and rumors. And today, most of those people who own apartments in such houses do not know what to expect and what to count on. One of the main questions that interests them is whether they will be able to improve their conditions after a planned reconstruction. In this case, the Housing Code norm applies. In accordance with it, if the building in which the premises located on the basis of the social tenancy agreement are located is recognized as subject to demolition, other comfortable premises are provided to citizens. The local or state authority should be responsible for this. 
Resettlement program from emergency housing: law
Regulation in this area is carried out by the norms of the LCD. If the housing is recognized as emergency, and the local authorized body adopted a normative act on the resettlement of residents, then citizens should be provided with apartments in accordance with their legal status. What does it mean? In accordance with Art. 89, p. 1, the dwelling, which is provided to citizens under a social security agreement instead of an emergency one, must be comfortable with respect to the conditions of the relevant locality (settlement). It must meet all the requirements and be located within the boundaries of this territory. If other premises are provided to the owners, it shall be equivalent, or the redemption price shall be compensated. As equivalent housing is recognized, in which there are as many rooms, and the area is no less than the previous one. 
Litigation
Often when relocating from emergency housing, government agencies provide premises with fewer rooms. In these situations, the case may go to court. The authority authorized to consider such disputes must take into account all the facts and identify their compliance with applicable laws. Among other things, the court finds out the area of the premises, the composition of the family, belonging to one or another sex. So, it is obvious that heterosexual relatives cannot be provided in place of a two-room apartment. For example, it could be a brother and sister. It should be noted that domestic legislation does not provide for an extra charge for the difference in the cost of exchanged space. The purchase price is set in accordance with the results of an independent evaluation by agreement of the parties. This position is present in Art. 32 LCD 
Important point
From the norms of Art. 89, 86 and 82 that relocation from emergency housing does not imply an improvement in conditions. So, since 2005 it is not allowed to provide a larger area based on the number of family members. In accordance with the law, citizens leaving the problem premises must be provided with another, which has as many square meters as they owned. This means that those who lived in communal apartments can be offered apartments with a shared area. Emergency housing can be replaced by premises in a new building or on the basis of a secondary fund. The main condition for providing space is that the apartment should be from the social fund. use. This means that housing should be owned by the state.
The procedure for declaring the premises "unsuitable"
It is defined in the current Housing Law and approved by government regulation. For recognition of emergency housing, a special commission is invited. She evaluates the condition of the house and makes an opinion. After that, local authorities include this facility in the queue for liquidation with the provision of other premises to citizens who will leave it. The law does not establish the waiting time for relocation from dilapidated housing. It should be said that the conclusion of the commission does not yet serve as the basis for the liquidation of the facility and the departure of citizens. 
Nuances
Thus, the law does not provide for the expansion of the area and the improvement of conditions for persons relocated from dilapidated housing. However, the rules provide for the possibility of obtaining a new building under a social loan agreement without waiting in line. This is indicated in Art. 57 LCD But in practice, queues are formed from these “beneficiaries”. It should also be said that the law provides for the allocation of housing under a social contract to the poor and other unprotected categories of people, that is, those who have not privatized their premises. These include, for example, WWII veterans, military personnel, orphans, disabled people and so on. However, this provision does not apply to the resettlement program. In this case, the general rules will apply, in accordance with which privileges for the provision of housing can be obtained. To get a new room, you should register. To do this, a citizen must contact the housing department at the place of registration (stay).
Alternative option
Not all citizens who leave emergency housing agree to live in the premises provided, even if the basic conditions for their provision are met. This refers to those who wish to expand the area. In this case, they have to choose their own options to realize this, given the size of their budget. When demolishing an emergency facility, such citizens may be offered the redemption value of the premises. Given this amount, they will already plan to purchase a new premises through the conclusion of ordinary agreements with other owners (purchase and sale or exchange). 
Finally
Experts recommend not hoping for better conditions when relocating from dilapidated apartments.In such cases, it is necessary to carefully monitor the action of authorized bodies. In particular, care must be taken to ensure that adequate housing is provided. Otherwise, you should go to court and there already defend your legitimate interests. However, lawyers advise doing this without delay. Claims are filed in accordance with the general procedure for civil proceedings.
