The new federal law on housing management on the creation of more effective and flexible methods that take into account the state of the housing stock in our country was adopted in 2007. One of the main goals of this law is to create a solid financial base to support all regions of Russia in relocating citizens from an emergency and dilapidated housing stock.
What is the demolition of dilapidated housing? About it further.
The existence of most dilapidated houses is now usually determined by the costs of communist construction and a planned economy: they say that they poorly built and repaired using outdated technologies, which contributed to the rapid and total deterioration of the housing stock. In addition, the constantly experiencing shortage of normal full-fledged housing in the country gave rise to huge queues, which forced not only to build new housing, but to restore and patch up the old one. To date, according to experts, up to 10% of the country's housing stock has emergency status, but it should be borne in mind that those houses that were previously identified as dilapidated are not included in this number. The current legislation does not define what to consider low-quality housing, and there is no replacement for such a fund.
In what cases is the demolition of dilapidated housing necessary?
Relocation Conditions
Specially authorized authorities entered in the register of emergency dangerous housing those apartment buildings that need it, and residents are settled according to the conditions defined by law. According to the provisions of the Housing Code of the Russian Federation, resettlement must be made from emergency housing, which is recognized as such by the authorized bodies in the order established by the regional authorities. Failures are apartments, rooms, rooms, buildings and other structures in which load-bearing structures pose a danger to the health and life of residents with further use.
In the recent past, the percentage of depreciation at which a dwelling was recognized as dilapidated was 35% of the initial state of load-bearing structures for wooden houses and 30% for brick or stone buildings. Housebuilding is characterized as emergency-hazardous on the basis of a survey conducted by a special organization and the conclusion that it issues. Demolition of dilapidated housing is now very common.
Who can be resettled?
Residents of apartment buildings entered in the register of hazardous housing are eligible for resettlement. By law, citizens are guaranteed relocation to an equivalent type of housing. There is a specific list of demolition of dilapidated housing.
Owners of emergency housing:
- state or municipal authorities should propose independent demolition or reconstruction of the building;
- in the event that urban development is planned at the site of the building, the owner has the right first and foremost to build a new facility.
The owner must make the final decision within six months from the moment of recognition that demolition of dilapidated and dilapidated housing is necessary.
Emergency housing legislation
All laws of the Russian Federation are aimed at ensuring the safety of Russian citizens. The main legislative act regulating these issues and acting on the territory of the state is the housing code, on the basis of which various programs, normative and other acts are being developed that contribute to solving the problems of resettlement of emergency-dangerous housing stock.
Demolition of dilapidated housing in Moscow is carried out regularly.
Housing Law
The Housing Code establishes that the owners of a housing fund that is recognized as emergency have the right to rely on compensation for damage and compensation for the estimated cost of housing.
In addition, the owners have the right to receive part of the compensation in the form of the provided living space, and the difference in another way of compensation. For citizens living in emergency housing under social tenancy agreements, the law guarantees resettlement in comfortable living quarters, which have the same category under the demolition program.
Federal Law No. 185
In order to achieve dramatic changes in the situation with emergency housing, the Law of the Russian Federation “On the Fund for Assistance to the Reform of Housing and Communal Services” was published. Article 16 of the law refers to the formation of an address program for the resettlement of residents living in emergency housing. The project relies on funds and assistance from the regions, which also need to develop plans to address issues of hazardous housing. The mentioned law on emergency housing does not change the order of resettlement, but emphasizes that the process should be carried out in strict accordance with state law and the plan for the demolition of dilapidated housing.
Interagency Commission
The interdepartmental commission, having carried out an inspection of the living space in accordance with the law, issues a conclusion on the advisability of introducing the object into the emergency housing registry. The commission is formed on the basis of Government Decision (PP) No. 47 (May 28, 2006). The following documents are drawn up by the interdepartmental commission assessing the condition of buildings and structures: an act of inspection of the premises, as well as a report establishing the possibility of citizens living in it. If the house is recognized as in need of reconstruction or dilapidated housing for demolition, the commission should not later than the day after the decision is made to notify all interested owners.
Resettlement process
According to the law, the owners of emergency housing are reimbursed for the value of the property and losses incurred in connection with the resettlement.
Resettlement can be carried out in two ways:
- In this case, the owner agrees to receive another housing, this will be taken into account as part of the compensation. Upon completion of the contract for the release of property, the owner must vacate the housing within six months from the date of signing, unless otherwise provided by the contract.
- The owner is provided with the amount of material compensation, the amount of which corresponds to the market value of the housing and part in the common property. In addition, the costs associated with moving, temporary living in a rented apartment, expenses for finding new housing and other similar expenses are compensated. After payment of full compensation to the owner, he is obliged to vacate the premises also within six months from the date of signing.
Tenants of social housing are provided with comfortable premises. All situations of forced evictions are resolved only in a judicial proceeding. When relocating residents of an emergency house, housing is an indispensable condition, according to the legislation of the Russian Federation.
Slum Housing Demolition Program
On the basis of Federal Law No. 185, each region should develop a local action program, which spells out the algorithm for the demolition of emergency and dilapidated housing. The program is financed from the federal budget, in accordance with the approved plans.
The result of the implementation of resettlement plans in the previous year could not boast of any region. There were no legislative changes this year, so financing is carried out in the same way, and the results of activities will be summed up only in January 2018.
Demolition plan
Each region of the Russian Federation has its own resettlement program. As a rule, it is taken for two years.
According to general rules, at first demolition is subject to dilapidated housing, which was recognized as such until 2012. The plus of such a demolition plan is that the authorities are already building new houses for resettlement in advance.
In Moscow, the demolition plan is as follows - the program for the demolition of the "Khrushchev" of 1959-1966 was adopted.
It is conditionally divided into two stages:
- Demolition of houses.
- Renovation of housing development that already exists.
But instead of the originally scheduled dates (2016), the authorities of the capital “shifted” the implementation of program activities until 2017. To date, only a few areas have been settled.