One of the most important problems of the housing and communal sector at present is the large scale of dilapidated and emergency housing stock. From the graph below, you can see how this indicator has changed over 10 years.
An emergency apartment building is recognized as an apartment building in which restoration work is technically impossible or economically inexpedient and the technical condition of these buildings and building structures characterized by a decrease in bearing capacity and operational characteristics, in which there is a danger to the presence of people and the safety of engineering equipment.
The concept of dilapidated housing is not contained in the legislation. However, based on other regulations and established practice, a dilapidated state of a building is a state in which the structure of the building and the building as a whole is worn out: for stone houses - over 70%, wooden houses with walls made of local materials, as well as attics - over 65%, the main bearing structures maintain strength sufficient to ensure the stability of the building, but the building ceases to meet the specified operational requirements. Thus, the main difference between emergency and dilapidated housing is that the latter is characterized only by a high degree of wear, while emergency housing poses a danger to the lives of residents.
The graph shows the regions with the lowest and highest a high percentage dilapidated and dilapidated housing. In the Moscow region, this value is 1.4%. In general, in Russia - 3.1%.
The grounds for recognizing a residential building as emergency can be:
- deterioration in the performance of the building as a whole or its individual parts due to physical wear and tear during operation, leading to a decrease to an unacceptable level of the building's reliability, strength and stability of building structures and foundations;
- the location of the house in hazardous areas of landslides, mudflows, snow avalanches, as well as in areas that are annually flooded with flood waters and where it is impossible with the help of engineering and design solutions prevent flooding;
- the presence of damage to the house as a result of explosions, accidents, fires, earthquakes, uneven subsidence of soil, as well as other complex geological phenomena, if restoration work is technically impossible or economically impractical and the technical condition of these houses and building structures is characterized by a decrease in bearing capacity and operational characteristics at which there is a danger to the presence of people and the safety of engineering equipment;
- the presence of deformation of the foundation, walls, load-bearing structures near the house and a significant degree of biological damage to the elements of wooden structures in prefabricated, brick and stone houses, as well as in wooden houses and houses made of local materials, which indicate the exhaustion of the bearing capacity and the danger of collapse;
- the location of the house in the zone of probable destruction in case of man-made accidents, determined by the authorized federal executive body.
In order to attribute housing to dilapidated, it is necessary to determine the degree of wear and tear. However, the calculation of the percentage of wear, as a rule, is carried out approximately, since there are no special mathematical formulas for its determination. Therefore, the decision whether to recognize housing as dilapidated or not is often made depending on the desire of officials, and not out of objective necessity.
In accordance with the Regulations on the recognition of premises as residential premises, residential premises unfit for habitation and apartment building emergency and subject to demolition, approved by Decree of the Government of the Russian Federation of January 28, 2006 No. 47, the recognition of an apartment building as emergency and subject to demolition is carried out by a specially created interdepartmental commission. Interdepartmental commissions are created by: the federal executive body to assess residential premises of the housing stock Russian Federation; by the executive authority of the constituent entity of the Russian Federation for the assessment of residential premises of the housing stock of the constituent entity of the Russian Federation; local self-government body to assess residential premises of the municipal housing stock. At present, decisions on the recognition of houses as emergency and subject to demolition in relation to multi-apartment residential buildings are made by commissions created by the local government.
This year, the Government of the Russian Federation prepared a draft law that reflects the issues of major repairs of residential buildings. According to this document, all the powers to carry out major repairs are transferred to the regional level, which is partly not entirely legitimate. With regard to the old obligations of the state for capital repairs that have not been carried out, the obligation of the state to carry out major repairs of the house in accordance with the norms for the maintenance, operation and repair of the housing stock should remain. The state debt for the missing repairs is estimated at 3.5 trillion rubles. Currently being developed new edition bill.
According to Art. 89 of the Housing Code of the Russian Federation, residential premises under a social tenancy agreement, provided in exchange for the previously occupied one, must be landscaped in relation to the conditions of the relevant locality, equivalent in terms of total area to the previously occupied residential premises, meet the established requirements and be located within the boundaries of this settlement.
The most frequently arising questions in law enforcement practice regarding the equivalence of housing provided in exchange for emergency housing.
The number of rooms must be equal. It is unacceptable to reduce the living space and the number of rooms by increasing the area of auxiliary premises (kitchen, corridor, etc.), even if total area provided housing is more than previously occupied (Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 05.10.10 in case No. 8-B10-11);
The number of rooms should also be equal in case of resettlement of persons who previously lived in communal apartment, in a separate apartment (Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated February 8, 2010 in case No. 60-B10-3);
Impossible to relocate residents ordinary apartment in a studio apartment, if the areas and the number of rooms in these apartments are equal, since in a studio apartment the area of \u200b\u200bthe niche intended for use as a kitchen is included in the living area, which is actually an auxiliary room and should not be included in the living area (Definition of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated June 21, 2011 in case No. 67-B11-3);
To receive housing under the provision standards, you must be poor or be registered as needy or have the right to be registered as such. In paragraph 1 of Art. 89 of the Housing Code of the Russian Federation states that in cases provided for federal law, citizens who are registered as in need of residential premises or have the right to be registered on this account, Living spaces provided according to the rules. Such a case is provided for by the Federal Law of November 30, 2010 N 327-FZ "On the transfer to religious organizations of property for religious purposes, which is in state or municipal ownership." The point is that if a state or municipal housing stock is transferred to a religious organization, and the people evicted from it are recognized as poor or are registered as needy or have the right to be registered as such, they receive housing at the rate of provision. However, there is judicial practice that allows for a broader interpretation of paragraph 1 of Art. 89 of the Housing Code of the Russian Federation and not to link the provision of housing according to the norms of provision only with the transfer of property to religious organizations. So, for example, in accordance with the norms for providing persons with an apartment, the area of \u200b\u200bwhich was three times the area of the previously occupied housing was provided. At the same time, the court took into account that the plaintiff and his family were recognized as poor to be registered as needing housing under a social tenancy agreement (Decision of the Industrial Court of Perm dated 03.06.2011).
Settlements with the owner of privatized housing, in accordance with Art. 32 of the Housing Code of the Russian Federation, can be carried out in two ways: payment of the redemption price for the withdrawn premises, or the provision of another residential premises in exchange for the withdrawn one with a offset of its value in the redemption price by agreement of the parties.
The redemption price must include the market value of the dwelling, as well as all losses caused to the owner of the dwelling by its withdrawal, including the losses that he incurs in connection with the withdrawal of the dwelling, including lost profits. However, the redemption price most often does not cover all the real expenses of the owner for the acquisition of a new dwelling, since the market value of dilapidated and dilapidated housing is disproportionate to the cost of an apartment, even in the secondary real estate market. As a solution to this problem, one can use the possibility of the so-called "privatization". However, this is only possible under a number of conditions:
- housing must be the sole owner
- the basis for the purchase of housing is privatization (and not a contract of sale, for example)
- no transactions have been made in relation to housing since the acquisition of ownership or registration of other persons in the apartment
In the event that a residential building is recognized as emergency, it is subject to demolition. What should be the withdrawal period?
Making a decision on the timing of the resettlement of individuals and legal entities in case of recognition of the house as emergency and subject to demolition or reconstruction, it is referred to the competence of the local government. However, this decision can be challenged in court. If during the consideration of the case it is established that the premises in which the citizen lives pose a danger to human life and health due to his emergency condition or on other grounds provided for by current legislation, then the provision of another residential premises that meets sanitary and technical requirements, instead of unsuitable for habitation, cannot be made dependent on the availability of a plan and the deadline for the demolition of the house, and the court may oblige the local government to immediately provide citizens with other comfortable living quarters in extraordinary order on the basis of part 2 of article 57 of the HC RF, taking into account the fact that a room that does not comply with sanitary and technical rules and regulations cannot be classified as residential (part 2 of article 15 of the HC RF). This conclusion is confirmed in the Review of Legislation and judicial practice of the Supreme Court of the Russian Federation for the second quarter of 2009 (Approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation of September 16, 2009).
The problem of dilapidated and dilapidated housing through the eyes of the administration
Financing of dilapidated and dilapidated housing is carried out mainly in two directions - at the expense of budgetary funds and for the light of investors.
According to the estimates of the International Finance Corporation (IFC), major repairs and modernization of the housing stock in Russia require large-scale investments, amounting to about 322 billion rubles annually until 2035. Within the framework of regional programs co-financed by the Housing and Public Utilities Fund, the average cost of repairs in 2011 was 833 rubles. per sq. m and 837 rubles. per sq. m - in 2010. At the same time, the dynamics of the actual aging of the housing stock is twice the number of demolished dilapidated and dilapidated housing.
“In the current year, amendments were developed to the law on the Housing and Utilities Reform Assistance Fund, according to which it was proposed to allocate money to municipalities only for the demolition of dilapidated housing,” says lawyer Oleg Sukhov. “However, the consequence of such a reform may be that even housing that can still be repaired will be demolished, given that major repairs are cheaper than relocating a house. In addition, somewhat reduces the benefits of demolition of houses compared to repairs, the fact that, as a result of the adoption of many judgments housing is allocated to citizens in exchange for previously occupied according to the norms of provision, which leads to enormous costs. Increasingly, however, administrations are trying to focus housing policy on new housing construction. This is facilitated by the possibility of attracting investments, which provides a number of reasonable advantages: the investor takes on the function of demolishing emergency housing, the construction of new houses contributes to the renewal of communications and the improvement of the settlement as a whole.”
Prospects for dilapidated and dilapidated housing
the Moscow region, the creation of a favorable investment climate is one of the priorities on the way to solving the problem of dilapidated and dilapidated housing. In particular, in order to receive budgetary funds, it is necessary to enlist all the possibilities for their competent implementation, incl. presence construction companies who are ready to carry out the construction of new housing or the overhaul of dilapidated housing stock.
Many areas of the Moscow region are characterized by unscrupulous attitude of developers to the fulfillment of obligations for the construction of residential buildings. As a result, it turns out that the documentation is not consistent in necessary deadlines or construction is unreasonably suspended. In this regard, it is planned to create a "black list" of developers in the Moscow region. In 2011, a similar list was already compiled. Sergiev Posad, Pushkino, Balashikha, Troitsk and Lobnya were then the leaders in terms of the number of new buildings stopped.
To solve housing problems, including the elimination of dilapidated housing, a special structure has been created in the Moscow Region, endowed with the functions of a separate ministry. This is a rational measure, since in a number of districts the problems of dilapidated housing are quite acute. So, for example, in the Pushkinsky district, in Stupino and Klin last year there was no construction of housing for migrants.
As one of the ways to resolve the issue of dilapidated housing, one can also consider reconstruction, which has some advantages: it does not require the relocation of residents, the prices for their apartments at the same time increase many times in contrast to the “emergency” prices, there is no need to develop new building plots, there are no demolition costs, and the construction organization is fully engaged in the reconstruction.
“The rapid obsolescence of the housing stock is caused, among other things, by the difficult conditions for its formation during the war and post-war period, as well as the prolonged lack of major repairs and the poor quality of housing maintenance. Therefore, currently one of the priority areas housing policy is the repair and liquidation of dilapidated and dilapidated housing, main goal which should be the development of schemes and mechanisms for attracting budgetary and other material resources,” sums up lawyer Oleg Sukhov.
Article provided by " legal center lawyer Oleg Sukhov"
After the house is declared emergency, the owners should begin the main strenuous activity to obtain new housing, however, many do not fully understand what to do and where to turn if the house is recognized as emergency. In fact, everything is not as difficult as it seems at first glance.
An emergency building is an apartment building that has more than 75% wear and tear and is dangerous to live in. The category of emergency housing also includes:
- buildings that have undergone deformation of the foundation;
- buildings in which there is no centralized heating and water distribution system, that is, houses in which there is no plumbing and plumbing in the apartments and which heat the premises from the stove;
- a building or part thereof that does not have windows;
- infected premises.
Official recognition of the house as emergency
In accordance with legislative norms and acts of Russia, a house can be recognized as emergency and subject to resettlement only after it has been officially recognized as dangerous to the life and health of residents.
Multi-apartment residential buildings are officially recognized as impossible for habitation and sent for demolition under the following conditions:
- dilapidated buildings that frame structure may spontaneously fall apart;
- buildings that are located in or near landfills;
- buildings located in hazardous areas;
- buildings located in the zone of power lines;
- destroyed in whole or in part;
- buildings in which the noise level is exceeded, for example, houses with windows overlooking the highway;
- buildings over which the garbage chute is located.
These categories of houses are recognized as unsuitable for habitation officially, about which a state act is drawn up. After drawing up the act, the owners or social tenants of the premises can begin the procedure aimed at obtaining a comfortable living space.
Start
The commission does not make a visit to the house, its duties include:
- verification of documents and acts on the recognition of the house as emergency;
- determination of the completeness of the submitted documents;
- determination of specialists who will conduct a study of the structure;
- evaluation of research results;
- decision-making.
In order for the commission to work as quickly as possible, the owner needs to collect the entire package of documents in advance:
- certified copies of the certificate of ownership;
- conclusion on the recognition of the structure as dilapidated or emergency;
- conclusion about the dilapidation of load-bearing structures. This conclusion can be obtained from design organizations;
- description of the house and photos of its condition.
After the commission makes a positive decision on resettlement, the main part begins, aimed at obtaining a new living space.
Resettlement of social hiring
Depending on the grounds on which a person lives in an apartment, resettlement depends.
In cases where a living person is a social tenant, that is, his apartment is owned by the state, and he does not have title documents for it, the process of resettlement from dilapidated housing is much easier than for owners.
After state commission officially recognized the house as unfit for life, social tenants are offered a certain option for resettlement.
New housing under a lease. AT this case the state must offer a person a living space that will have the same area as the emergency one. In addition, it must be well-maintained, that is, regardless of the presence of communications in the old house, the new one must be with water, plumbing and central heating. It is also an important condition that the new apartment must be located in the same city as the old one;
Important: if tenants were on the waiting list to improve their living conditions, when relocating from an emergency house, a queue remains behind them, regardless of which living conditions they will be relocated.
The main condition for social employers is that they cannot refuse the option offered by the state. In case of refusal, if the house is to be demolished, tenants will find themselves on the street, since state hiring does not imply a choice of several premises.
Resettlement of owners
For owners, the question of what needs to be done if the house is recognized as emergency is very acute. This type citizens cannot get social housing even temporarily, so they have to immediately prepare for resettlement on a permanent basis.
Most often, houses subject to demolition are resettled only after land plot on which they stand is the buyer, who, together with the purchase of land, takes responsibility for the resettlement.
The owner in this case, the new owner of the land, can make several suggestions:
- monetary compensation equal to the cost of the apartment. With this option, the owner, receiving money, loses the right to own and must independently find a new home for himself;
- new apartment. In accordance with the laws of Russia new owner land cannot offer an apartment with smaller square meters, but with large ones it can. Most buyers of the territory, in order not to delay the process of eviction, offer the owners of apartments with large square meters in new buildings.
In cases where the owner is not satisfied with any of the options proposed by the investor, the investor has the right to go to court. The lawsuit will establish the procedure for evicting the owner or leaving him in housing.
There are situations when, due to one owner who is not satisfied with the proposed conditions, all owners of apartments in the house may be left without compensation and new housing. Long persuasions that lead nowhere may cause the investor to want to give up the land allotment.
If the land was bought out from under several houses, then the new owner can abandon the problematic house, resettle neighboring buildings, build high-rise buildings in their place, and the residents of the problematic building will continue to live in unsuitable conditions.
The second way of resettlement of owners is the redemption of their apartments by the state. In this case, the price per square meter is lower and cannot be disputed.
In addition to the redemption of space, the state can offer apartment owners a similar square meters housing in social homes. In case of refusal of the owner, the dispute is resolved through the court.
In any case, it is worth remembering that the recognition of a house as emergency does not mean a quick and successful resettlement.
In the Russian Federation, several programs are being implemented at once aimed at updating the country's housing stock. Houses, the state of which is recognized as dilapidated or emergency, are demolished. The problem is not being solved on a proper scale due to the lack of sufficient funds, but resettlement is still taking place. The owners of apartments in the MKD are actively interested in how to find out if their house will be demolished.
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Which houses are to be demolished?
There are a number of factors that determine the need to dismantle an apartment building. In the bulk, this applies to the old "Khrushchev", which were built in the 50-60s of the last century. The post-war period required a rapid increase in the state housing stock, several design types of high-rise buildings were developed, which were built in a matter of days:
- P-32;
- 1-464;
- P-35;
- 1-4681;
- MG-300;
- 1-335.
These houses were built in record time, and quality characteristics The materials used were not very good. Term useful operation such buildings were erected within 25 years. In fact, they are already worth 2 times more than planned, therefore, first of all, they are subject to demolition.
The decision on whether to demolish a particular house is made by a special commission, which will pay attention to a number of factors that determine emergency and dilapidated housing:
- whether the deformation and destruction of load-bearing, internal walls is fixed;
- Are there communication and engineering systems: electricity, water supply, what condition they are in;
- Is the ventilation system working well?
- how well the temperature and humidity inside the air correspond to the norms;
- whether the level of toxicity in the room is exceeded;
- what other threats to the life or health of residents are present.
The municipality or citizens living in an emergency house can initiate an inspection of the house by the commission. Inspectors inspect the building, make the necessary measurements, and other actions that make it possible to form an objective assessment of the level of wear. All data received and conclusions drawn are recorded in the protocol.
Based on the information collected, a decision is made whether this particular house falls under the signs of emergency, dilapidated housing. If so, a demolition act is drawn up.
How to know if your house is being demolished
Among apartment buildings, built 50-60 years ago, there are those that fully comply with the standards for the safe living of residents. These buildings were built to different standards, using more durable materials. Such houses are quite suitable for life, and the decision to demolish them is not made. These "Khrushchev" include the following design types:
- 1-515;
- 1-442;
- 1-511;
- 1-510.
These buildings are classified as non-demolition and their residents should not worry about possible dismantling.
Demolition of a residential building always brings a lot of trouble to the people living in it. It is necessary to have a certain margin of time to resolve issues with the move and settle other problems. Will my house be demolished or not? There are many ways to get an answer to this question.
Receiving notification from the municipality
When initiating an inspection of the house by the interdepartmental commission by the residents themselves and making a decision to demolish the building, the people living in it must be notified 1 month before the planned dismantling. If your house is included in the federal or municipal renovation program, the resettlement of citizens from dilapidated, emergency houses at the initiative of the authorities, residents must receive a notification of future demolition at least 1 year before it takes place. Notify residents by signature, so that each of them will be aware.
This article talks about typical solutions legal issues but each case is individual. If you want to know how to solve your particular problem - contact our consultant for FREE!
Internet resource data
Each resident can answer for himself the question of when my house will be demolished. There are several ways to find out on the Internet, information about the planned actions for the dismantling of dilapidated residential buildings, resettlement under the renovation program may be contained on the following Internet portals:
- City administration website. Find the appropriate section on the city hall website and check the lists of houses for demolition.
- Portal of the Department of Housing Policy. On this resource, you can see a map on which the houses to be dismantled are marked, indicating the planned dates for the work.
- Internet- representations of realtor agencies. When buying a home, it is important to check if this house will go in the near future. Many realtors provide this information to their clients.
- specialized sites. You can learn about the plans of municipal authorities on other resources dedicated to this topic. There are interactive maps, which are updated on an ongoing basis.
Request to self-government bodies
Apartment owners can draw up and send an application-request to the Department of Housing Policy or the City Administration. AT set time officials are required to respond to your appeal. You can ask a question in two ways:
- draw up a collective letter signed by a group of apartment owners;
- place a request in the relevant section of the website of self-government bodies, if such an option is available.
A written request can be sent by registered mail or registered at the reception of the mayor's office of the department housing, land management authorities, etc. The term for consideration of citizens' appeals with a mandatory written response to the request is 1 month. Institutions can respond faster on the website, but the standard turnaround time for requests also applies to requests submitted online.
What can homeowners expect when their house is demolished?
State resettlement programs involve the mandatory eviction of citizens from houses that have fallen into the renovation program or are recognized as unsuitable for life. In this case, the ownership of the property will not be a reason not to move out of the apartment. All evicted citizens are obliged to provide material compensation in the form of Money or equivalent housing.
The money is paid to the owners of privatized or purchased apartments. The amount paid cannot be less than market value apartments of evicted residents. Alternatively, the city authorities can provide the evicted with more comfortable housing in this or another area, provided that citizens pay the difference in the cost of apartments.
For those living in an apartment under a social tenancy agreement, similar housing is provided in the same area. This norm is contained in the Law "On Ensuring the Rights of Citizens to Housing during Resettlement". It is taken into account that citizens have a certain connection to the district infrastructure, so new housing should also be located there. Other important point is that the area of the provided apartment should not be less than the square of the old apartment.
There are options when, instead of one apartment in a house being demolished, citizens have the opportunity to get two or more new ones. This situation concerns several families living in the same living space: adult children with their parents, etc. Before allocating new housing, a special commission will conduct a thorough check for false registration of tenants.
There are some differences between the concepts of "dilapidated" and "emergency" housing. In the first case, the house has pronounced parts of the destruction of the structure. In percentage terms, this is no more than 40%. This can happen with a room that has come into a similar state over time. This is a completely normal situation.
A dwelling may be considered emergency if:
- suffered from natural influences;
- has undergone external factors destruction (for example, explosions);
- does not meet technical and sanitary standards.
What are the criteria for recognizing a house as emergency is described.
Emergency housing is only subject to demolition, and dilapidated can still go through the stage of reconstruction and serve people again as living quarters.
Step-by-step actions of state power
Upon receipt of an application, self-government bodies must immediately resolve the issue of relocating residents from unsuitable premises. This is done in several ways, which are regulated by 86-88 Art. Housing Code.
Article 86 of the LC RF. The procedure for providing housing under a social tenancy agreement in connection with the demolition of the house
If the house in which the residential premises occupied under a social tenancy agreement is located is subject to demolition, the citizens evicted from it by the state authority or local self-government body that have decided to demolish such a house are provided with other comfortable residential premises under social tenancy agreements.
are not only the residents themselves. Rospotrebnadzor and the fire service, heads of HOA and housing and communal services come to this decision.
- A special commission is studying a package of documents collected by residents or structures representing the rights of citizens.
- A detailed examination of the house is being carried out.
- Based on the results, an act is drawn up, which indicates all damage to the house, as well as percentage destruction.
- An order is issued to carry out the reconstruction or demolition of housing.
- A copy of the order is given to the owners of the housing for review. Nothing can happen without their knowledge. This decision can be challenged in court.
How do I find out if a home is in the demolition or renovation program?
If housing has been built for more than 40-50 years and has damage to the load-bearing parts of the structure, then according to the results of the annual inspection, it is put on the list for demolition. Usually, the procedure for informing citizens in this case is carried out a year before the start of the required work. When submitting an application, homeowners wait only a month for the result.
Reference! If for some reason a citizen has not received necessary information then you need to contact your local government.
The site of the municipality or district department should also contain information about the proposed demolition of housing.
What should the owner do after receiving the decision?
So, if the house was recognized as dilapidated, then what should the tenants do in this case?
After all there are many problems when moving out of emergency housing both executive bodies and owners. Let's try to figure it out.
The owners, as a rule, have a question about where to turn in this case and what they are supposed to do. In this case, it is necessary to pay attention to Article 32 of the Housing Code of the Russian Federation, which clearly spells out the rights of apartment owners whose houses are subject to demolition:
- The owner must be warned in due time. The notification is sent personally by an employee of the municipality and receives a signature of the citizen, confirming familiarization with the conclusion.
- Emergency housing can be redeemed by the state. In this case, the amount should be optimal for the owner to purchase new housing. In case of disagreement, it is necessary to submit statement of claim to court.
- The resettlement of citizens takes place in new apartments of the same area as the previous ones (emergency).
ATTENTION. Only the total quadrature of the room is taken into account, and not separately residential. Therefore, it is possible to move to an apartment with a large balcony, but small rooms. And it can't be challenged in court.
The rights of citizens during resettlement
- New housing is provided in the same city as the emergency.
- Public authorities should select several options for citizens to choose more suitable housing.
- AT new apartment all communications must be present.
- The property is in habitable condition.
- Owners should not count on apartments from new buildings. In case of emergency and urgent eviction, premises from the property of the municipality are given. Most often this is a secondary market housing.
If desired, it is quite possible to improve living conditions by acquiring an apartment by buying out an unsuitable municipality, including also its own funds. In this case, the authorities do not limit the location of the future housing.
In what cases is it possible to appeal against an act of the municipality?
Dangerous housing poses a danger to its residents. By virtue of protecting the rights and health of citizens, the authorities are obliged to relocate citizens from a collapsing house. But there are also situations in which local authorities act unlawfully towards the residents of the house and evict them for their own selfish purposes.
According to paragraph 52 of Government Decree No. 47, such atrocities can be prevented by proving the case during the trial.
For this you need:
- At the expense of the owners, conduct an independent examination of the house to recognize it as suitable for living.
- Draw up a claim. It should be guided by the fact that the authorities violate the rights and freedoms of citizens.
The main evidence base will be:
- Recognition of housing by members of an independent examination as suitable for further operation.
- The grounds for section 3 of Government Decree No. 47, which indicates the main reasons for the demolition of housing.
REFERENCE. The degree of wear of the house is indicated in technical passport. But it is not a fact that housing with 70% wear and tear is emergency. If the supporting structures are not damaged, the problem can be solved with a major overhaul.
Living in a dilapidated house is dangerous for citizens. The municipal authorities should take care of the timely eviction. Any illegal actions on the part of the state authorities are subject to challenge in court.
