Application for recognition of a house as unsafe (sample) 2021

Home / Housing disputes / Emergency housing / Application to the interdepartmental commission to recognize the house as unsafe, sample

The procedure for recognizing a house as unsafe consists of several stages. First you need to establish that the building requires inspection. Then an interdepartmental commission and experts are appointed. Following this, a preliminary decision is made about the damage to the house. The final verdict is made by the municipal administration.

Residents also participate in the procedure by submitting an application to the interdepartmental commission. What follows, how to compile it and where to submit it, we will discuss in the material below.

Why and when do you need to write a statement?

There are two options for studying housing for its accident risk: planned and unplanned . The first option involves including the house in a targeted regional program for the resettlement of dilapidated houses. Local authorities keep records of uninhabitable properties.

An unscheduled option is an appeal from residents of an old building who want to draw attention to the building’s unsafe condition. It is the residents who submit an application to a special commission or district administration . The result of consideration of the application will be the meeting of an interdepartmental commission.

The interdepartmental commission is a collegial body that issues an opinion on the recognition or non-recognition of a house as an emergency facility (clause 7 of PP No. 47 “On approval of the Regulations...” dated January 28, 2006).

The commission is not involved in inspection and assessment. The inspection certificate is provided to them by specialists from among the experts. Residents of a house unsuitable for habitation can write a statement addressed to the head of the interdepartmental commission . The purpose of the appeal is to initiate an inspection of the worn-out building and recognize it as unsafe.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Please note that the application is submitted only if the house is not included in the list for resettlement and demolition. There is also no point in writing a statement if other residents of the house have already contacted the local administration with a corresponding request. The best option is to come to an agreement and write a collective appeal to the commission. This will increase the chances of your application being processed as quickly as possible.

When can a house be considered unsafe?

The grounds and procedure for recognizing residential premises as unsafe and unfit for habitation are regulated by Decree of the Government of the Russian Federation of January 28, 2006 No. 47. A house is recognized as unsafe at the request of one or more owners, or based on the results of a scheduled inspection by an authorized body, if one of several conditions is met:

Emergency technical condition of structures, in which there is a threat of collapse or destruction, significant deformation and damage.
If the house is located in an unfavorable area for sanitary and epidemiological safety. For example, the level of radiation is exceeded, the permissible level of noise and electromagnetic radiation is exceeded.
If the house is located in an area where there is a risk of landslides, mudflows, or flooding. However, it is impossible to prevent such problems using engineering structures.
If the house is built in an area where destruction as a result of a man-made accident is likely, and this cannot be prevented by any means.
If the house was damaged by an earthquake, explosion, fire, uneven soil subsidence, accident, as a result of an emergency, and there remains a danger for people living in it. It is important that such housing cannot be restored or restoration is inappropriate from an economic point of view.
If the windows of the room face the highway, and the permissible noise level is exceeded: during the day - 55 dB, at night - 45 dB.

Note! A house up to two floors cannot be considered unsafe if it does not have a centralized sewerage system or water supply for this reason alone. Apartment buildings over 5 floors that do not have garbage chutes and elevators are not considered unsuitable for habitation if the building itself is physically worn out and cannot be reconstructed or overhauled.

How to write correctly?

The only correct form of contacting the interdepartmental commission is a simple written one. Along with the application, residents attach documents from the list (see below).

The contents of the application may include:

the name of the document is in the center;
addressee (recipient) – full name and position of the authorized person (for example, the chairman of the housing committee or the deputy head of the municipality);
sender - full name, date of birth, place of residence, SNILS, INN and contacts for feedback;
appeal to an official;
the main part of the application - it contains a request to consider the issue of recognizing the housing as unsafe and subject to demolition (it is necessary to indicate the address of the problem house);
numbered list of attachments: a list of documents that residents attach to the application;
additional information - depending on the situation;
date of application;
signatures of interested parties;
incoming registration number – filled in by the recipient of the application or his secretary.

It is not only the residents of an unsuitable building who have the right to submit such an application. Often the problem is reported by supervisory authorities, for example, the housing inspection or the fire service of the Ministry of Emergency Situations.

Interdepartmental commission for recognizing a house as unsafe

The interdepartmental commission for recognizing a house as unsafe accepts documents for consideration, checks the stated facts and documents and makes a final decision on recognizing the house as unsafe or may conduct an additional inspection. The period for reviewing documents from the date of application is 30 days. If the conclusion of the interdepartmental commission indicates the conclusions that the house is recognized as unsafe and subject to demolition, then the authority within 30 days issues an order with the appropriate deadlines for the resettlement of citizens. The interdepartmental commission for recognizing a house as unsafe includes representatives of local governments from various departments: Rospotrebnadzor, State Housing Inspectorate and other various structures. The composition of the commission is approved by the regulatory documents of the local government body.

Sample application for recognition of a house as unsafe

You can use the template below as a basis:

You will also need to fill out and sign a consent to the processing of the applicant’s personal data. An example of what the document looks like can be found below:

Where to send the application?

When choosing the addressee of the application, you need to take into account the characteristics of the locality. Not everywhere there are interdepartmental commissions. Sometimes residents have to act through the local administration, for example, through the housing department for work with the population. Specialists will accept the application, register it in the register and give a receipt for acceptance.

Procedure for submitting an application to the interdepartmental commission:

Fill out the application in writing and collect signatures from the residents of the house.
Contact a government agency - housing committee, local administration department or My Documents branch (MFC).
Submit the application and accompanying documents.
The specialist will check the applicant’s identity and the text of the application, after which he will issue a receipt for accepting the papers.
Wait for a response from the authorized body - either directly from the interdepartmental commission, or through an intermediary represented by the MFC.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

The law also allows you to send an electronic application form for recognizing a house as unsafe. To do this, you need to use the State Services portal. The applicant selects his region, city and service name. If the system allows you to submit an electronic application, a simple electronic signature is sufficient. Next, the application is sent to the required address. Administration officials sign documents with an enhanced digital signature (EDS).

Recognition of an apartment building as unsafe and subject to reconstruction

An apartment building is recognized as unsafe and subject to reconstruction using almost the same mechanism as houses subject to demolition. So why is there a difference in wording when a house is considered unsafe?

But the thing is that residential buildings are recognized as subject to reconstruction if they are architectural monuments. The fact is that if an apartment building is an architectural monument, then it cannot be demolished by law. In this case, the house is recognized as subject to reconstruction, and then all owners are responsible for carrying out reconstruction in it. In fact, for owners of houses living in houses recognized as architectural monuments, the other side of the “coin” occurs after such a residential building is recognized as unsafe. In this case, demolition cannot be carried out, which means it is simply impossible to resettle the house. And then, according to the Housing Code of the Russian Federation, the owners have the obligation to carry out reconstruction in the house at their own expense, in proportion to their share of the property. At such a moment, an overlap occurs. The owners of the house do not know that their house is an architectural monument and are starting the procedure for declaring an apartment building unsafe, not knowing all the consequences. If, nevertheless, it is necessary to recognize an apartment building as unsafe, then another pitfall in this situation will be the costly examination of the house. Since the house is an architectural monument, the examination must be carried out by a certain organization. It must have a separate license for the ability to work with architectural monuments. Accordingly, the cost of the examination will be significantly higher.

How to find out whether the apartment building where you live is an architectural monument or not? Apartment buildings can be architectural monuments of various significance - federal, regional or local. In general, it is enough to write a request to any government agency that is responsible for working with monuments or cultural values and they will give you an answer. You can also find such information on the Internet.

What documents are needed?

A mandatory addition to the application to the commission is a list of documents in accordance with Government Decree No. 47.

The applicant must prepare:

written application in the prescribed form + consent to data processing;
copies of passports;
title documents for residential premises - for example, a certificate of inheritance + a document on registration of ownership (certificate or extract from the Unified State Register of Real Estate);
certificate of residence (form No. 9) - usually this is an extract from the apartment register;
act-conclusion of the design and survey organization - if such a conclusion is included in the list of mandatory documents for a particular region (clause 3, clause 44 of Regulations PP No. 47).

The appeal, not from the citizen himself, but from his representative, will require, in addition to the available documents:

passport of the authorized person;
a notarized power of attorney issued in the name of the representative - indicating the authority to perform legally significant actions with the note “submitting applications to government and other institutions.”

Please note that it is not necessary to provide a registration certificate and other documents for a damaged house. Officials will request information about this themselves. However, it is better to clarify this point with representatives of the municipality in your city. Usually the information is posted on the administration’s official website in the “Documents” section.

Review period

Starting from the moment of registration of the application, it usually takes about 30 days . This is exactly how much is allocated to consider the application and make an interim decision. The period may be shorter, for example, 3 days, if the house is really in poor condition.

The administration's conclusion will take another 5 days. The order will then be sent to the applicant. In total, at least 35 days will pass from the moment the application is submitted to the interdepartmental commission.

According to clause 36 of the Regulations of PP No. 47 of January 28, 2006, the period for a return response may be even shorter - within 24 hours. This happens if the house poses a danger to the people living in it, and also if there is a risk of its collapse. Relocation of residents occurs as quickly as possible - from 5 to 1 day, depending on the situation. True, most often people are forced to wait for years.

Read more in the article “How long must it take to vacate an emergency house?”

Recognition of a house as unsafe and subject to demolition

The recognition of a house as unsafe and subject to demolition is regulated by Decree 47 of the Government of the Russian Federation of January 28, 2006.
In accordance with this resolution, the owners are explained the procedure for submitting documents to recognize a house as unsafe, how to do this and where to submit them. So, if the owner of a premises in an apartment building believes that the house is in a deplorable condition, then he has the right to submit documents to recognize the apartment building as unfit for habitation and in disrepair. In general, no legislative act specifies how many people should submit documents, one or more. If an apartment building is in a condition where no major repairs can help, then the interdepartmental commission is obliged to recognize it as unfit for habitation and in disrepair. The main documents in this case will be a technical passport for an apartment building, which will necessarily indicate the percentage of depreciation of the building, a state housing inspection report and an examination of design and survey work, the conclusions of which should confirm the inappropriateness of major repairs and the unsuitability of people living in the house. Such documents can be submitted either by one home owner or by a group of them. Due to the significant costs of conducting the examination, the best option would be for all interested parties to unite. Many citizens are not aware of their rights and believe that the local administration should recognize the house as unsafe. Of course, if there is a municipal share in the house, then the administration does have this opportunity, but not the obligation. In many regions of the country, prosecutors file lawsuits against local governments in defense of the rights of citizens on the obligation of the administration to initiate the procedure for recognizing houses as unsafe and subject to demolition. This position has significantly increased the number of houses recognized as unsafe throughout the country. But in the pursuit of statistics, the opinions of the citizens themselves, who did not want this, were not taken into account.

What does the owner receive if a residential building is recognized as unsafe and subject to demolition?

If a residential building is recognized as unsafe and subject to demolition, improvement of living conditions can occur in three ways. First, you are waiting for the house to begin to be resettled under the federal program for relocation from dilapidated and dilapidated housing. In this case, you need to check with the local administration whether the house is included in this program. Second, the house is being resettled by the local government at its own expense. And third, you yourself initiate a lawsuit through the court to obtain comfortable living quarters. In this case, you can get a living space with an area no less than what you currently occupy and a number of rooms no less than what is currently in use. You can also change the method of obtaining housing and replace it with cash.

In order to recognize a house as unfit for habitation and in disrepair, the applicant must submit the following documents to the interdepartmental commission for consideration:

statement;
expertise;
State Housing Inspectorate report on the unsatisfactory condition of the house;
property documents or social tenancy agreement;
technical certificate.

After submitting these documents, the commission reviews them within 30 days and gives its conclusion. If the commission concludes that a residential building is recognized as unsafe, then local authorities issue a resolution or order recognizing the house as unsafe. This document will be the main document on the path to acquiring new housing. Whether a residential building is subject to demolition or not depends on whether the house is an architectural monument. If so, then such a house cannot be demolished, but must be reconstructed.

Sample statement of claim for recognizing a house as unsafe as illegal

It happens that the decision of the commission or administration does not meet the interests of residents. For example, a dilapidated house was not recognized as unsafe or a long period of relocation of the property was assigned. Residents have the right to challenge the conclusion in court. To do this, they need to draw up and submit an administrative claim to declare illegal the recognition or non-recognition of the house as unsafe.

You can view a template for such a claim below:

Going to court is not free - in accordance with paragraphs. 7 clause 1 art. 333.19 of the Tax Code of the Russian Federation, the plaintiff pays a standard state fee of 300 rubles . In addition, independent expert data will be needed. Residents can order a home assessment through joint efforts. If the court decision turns out to be in their favor, there is a chance to recover costs from the defendant – the local administration.

When faced with an uninhabitable home, residents don't know what to do? The administration often pursues its own goals and is in no hurry to recognize the building as unsafe. There is no need to count on a quick resolution of the issue. However, residents of the house have the right to demand that the authorities fulfill their duties. To do this, you need to draw up a competent application, attach documents, justify your position and defend your point of view in all instances.

The lawyers on our site will help you with this difficult matter.
If you urgently need advice, assistance in filling out an application or other legal support, call or write to our experts. Together we will solve your problem legally! Attention!

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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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Articles written

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Application for the provision of residential premises in replacement of emergency

In ___________ district court of Arkhangelsk

Address: ________________________________

Plaintiff : ________________________________ Address: ________________________________

Defendant : _____________________________ Address: ________________________________

Cost of claim: ___

State duty:___

STATEMENT OF CLAIM

on the provision of residential premises instead of emergency

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Arkhangelsk:

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_____ (full name) (hereinafter referred to as the Plaintiff), in accordance with the social rental agreement dated “__”______ __, No. __, was the tenant of the residential premises located at the address: ________.

This residential premises, in which I now live, were recognized by local authorities as unsafe and unsuitable for living on the basis of __________ (indicate the documents on the basis of which the housing was recognized as unsafe).

However, to date, the defendant has not provided us with another comfortable residential premises under a social tenancy agreement.

According to Parts 1 and 2 of Art. 57 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), residential premises are provided to citizens registered as needing residential premises in order of priority based on the time of registration of such citizens, with the exception of the cases established by part 2 of this article.

Out of turn, residential premises under social tenancy agreements are provided to citizens whose residential premises are recognized in accordance with the established procedure as unfit for habitation and are not subject to repair or reconstruction.

In accordance with Art. 86 and 87 Housing Code of the Russian Federation if the house. in which the residential premises occupied under a social tenancy agreement are located, are subject to demolition or are declared unfit for habitation, evicted in accordance with Part 3 of Art. 85 of the Housing Code of the Russian Federation, from such residential premises the landlord provides citizens with another comfortable residential premises under a social tenancy agreement.

Thus, recognition of a residential premises as unfit for habitation is an unconditional basis for the eviction of the tenant and his family members with the provision of other residential premises.

By virtue of Art. 89 of the Housing Code of the Russian Federation provided to citizens in connection with eviction on the grounds provided for in Articles 86-88 of this Code, other residential premises under a social tenancy agreement must be well-equipped in relation to the conditions of the relevant locality, equivalent in total area to the previously occupied residential premises, and meet the established requirements and be located within the boundaries of a given locality.

Based on the above and guided by the provisions of Art. 86 and 87 of the RF Housing Code, as well as Art. 131 and 132 of the Code of Civil Procedure of the Russian Federation,

ASK:

Oblige _____ (Defendant) to provide me with a family of ___ people, including ____ (specify family members) under a social tenancy agreement, residential premises equivalent to the previously occupied, consisting of ____ rooms, within the city, meeting sanitary and technical requirements with the degree of improvement in relation to conditions of the city of Arkhangelsk, with a total area of at least ____ sq.m., living area of at least ____ sq.m.

Applications:

1.Copy of the claim by number of persons.

2.Copy of the social tenancy agreement.

3.Copies of documents recognizing housing as unsafe.

4. Receipt for payment of state duty.

"__" ___ 20__ _________ / __________