How to recognize a house as unsafe in 2021: procedure, what documents are needed

Any building or structure wears out over time. There comes a time when it becomes unsuitable for use as housing, and living in such buildings is dangerous to the life and health of people. The legislation defines the procedure that must be followed to recognize housing as unsafe in 2021.

This procedure makes it possible to apply for the provision of new living space to replace a dilapidated building. Let’s take a closer look at how to recognize a house as unsafe, what to do for this, and where to go.

Requirements

An apartment building, which is intended for the residence of citizens, must meet a number of criteria:

The foundation and walls of the building must be strong and durable.
The house must have all communications necessary for normal life: electricity, water supply, ventilation.
Ventilation ducts in living rooms and common areas are prohibited from being combined.
It is mandatory to observe temperature conditions in common areas. For example, on stairwells and in the entrance during the winter, the air temperature must be maintained at least 18 degrees, and the humidity at any time of the year must not exceed 60%.
Every living space must have the required level of sunlight. The coefficient of natural light at the central point of the living room should be at least 0.5%.
Kitchen spaces must have windows.
All premises must be used strictly for their intended purpose.

Lawyer's answers to private questions

What to do if the premises are refused recognition as unsafe?

The conclusion of the MVK may indicate a refusal to recognize a non-residential building as unsafe, and this decision can be appealed in court. In this case, the commission will be required to conduct a re-inspection, or the premises will be declared unsafe by a court decision.

I was paid compensation for the demolition of a dangerous building. Is it subject to personal income tax?

Yes, it is taxed at 13%, and the administration becomes the tax agent. She independently pays personal income tax for the former owner. If, instead of compensation, other premises are provided, its market value is included in the base.

Can they provide another premises instead of a non-residential one recognized as unsafe?

Most often no, it depends on the region. Typically, a specialized fund is calculated only for owners of residential buildings and apartments. But they can also provide another room or building, if possible. This is not prohibited by law.

The house was declared unsafe, my store is on the first floor. The administration obliges you to move in within the established time frame. Can I not leave my premises?

Theoretically, you can, but according to the law, the administration will file a claim for the forced vacation of non-residential premises, and then it will have to be vacated, accompanied by bailiffs.

How to recognize garages as unsafe in GSK? What is needed for this?

To recognize garages in the GSK, an application from several owners or tenants is required.

Law

On the territory of the Russian Federation there is a certain list of legislative acts that regulate the procedure and conditions for recognizing residential buildings as dilapidated and unsafe in 2021:

Civil Code of the Russian Federation. It contains a list of general terms and concepts;
Housing Code. It contains a list of measures to recognize residential buildings as unsafe;
Regulation No. 47. It is this legislative act that contains complete and detailed information for each individual case. It also contains information regarding in which cases it is subject to demolition, and in which the situation can be corrected through reconstruction or repair work.

Arbitrage practice

There is no legislative regulation of the issue of recognition of non-residential premises, and therefore confusion often arises. The Housing Committee may refuse to accept documents, citing lack of authority. It is necessary to look at regional laws, but taking into account the norms specified in the Civil Code, the Housing Code and the Land Code of the Russian Federation.

Often, even the courts refuse to satisfy the claims of property owners to recover compensation from the municipality, saying that it is due only to the owners of residential properties. At the same time, they forget about the norms of Art. 35 of the Constitution of the Russian Federation, according to which, even in case of forced alienation of property, compensation must be paid to the owner.

Here are some examples of solutions on the topic:

Decision No. 2-2902/2014 2-2902/2014~M-2508/2014 M-2508/2014 dated November 27, 2014 in case No. 2-2902/2014.
Appeal decision No. 33-1447/2015 dated January 28, 2015 in case No. 33-1447/2015.
Decision No. 2A-1472/2019 2A-1472/2019~M-1068/2019 M-1068/2019 dated June 14, 2021 in case No. 2A-1472/2019.

Emergency condition of the house

To recognize a house or apartment as emergency, it is necessary that the housing meets the emergency parameters:

sanitary standards do not correspond to the indicators established by law;
the house is located in a zone of natural disasters, or in an area of natural disasters;
wear rate exceeds 70%;
a residential building was erected in the area where power lines are located;
the location of the apartment in an apartment building that was subject to fires, explosions, and other damaging factors;
placement of a residential building near a railway line, factory, and other sources of noise that exceeds the maximum permissible decibel level;
residential buildings that are located in close proximity to waste recycling stations, or devices for washing and cleaning waste chutes.

General provisions for assessing the accident rate of building structures

The presence of inclined cracks is dangerous (Fig. 11), since along the crack a shift of parts of the panel can occur, followed by their destruction /32/. A sign of possible destruction is the appearance of cracks and detached flanges at the horizontal seams between the panels, which indicates a large heterogeneity of the mortar bed in this seam.

Signs of emergency condition of stone structures

When reconstructing a two-story house in the Leningrad region, which had a similar foundation, they decided to make a usable basement instead of a semi-passable underground. At the same time, a masonry of rounded stones was exposed to a great height. Stones began to fall out of the foundation masonry. The walls resting on this foundation suffered great deformations, the ceilings sagged, and the partitions fell. Measures were not taken in time to strengthen the walls and foundations, sections of the walls began to collapse, and the building had to be completely dismantled. In this case, the very first stone that fell out of the foundation was a fairly reliable sign of the emergency condition of the foundation. Several years passed from the moment the first stones fell to the collapse of the walls.

Example: The lost housing had an area of 35 sq.m. The new house, in general, is similar to the old one, but its area is already 45 sq.m. For 10 “extra” squares you will have to pay extra based on the market value of one meter. If we assume that such a meter costs 50 thousand rubles, then the total additional payment will be 500 thousand rubles.

Owners. For privatized apartments, there are schemes that determine what the owners should do if the house is declared unsafe. Most often, the owner is offered equivalent housing. This means that the area and number of rooms should be similar. Another option is for the owner to take the redemption price. If it is not possible to find an equivalent apartment or the proposed objects do not meet the owner’s requirements, he receives the cash equivalent of housing (Article 32 of the Housing Code of the Russian Federation). The amount includes the market price of the premises, moving and paperwork costs, and lost profits.
Tenants are persons living in non-privatized apartments on the basis of a social rental agreement. If the rented premises are considered unsafe, the tenant has the right to receive a replacement that will meet the established requirements and be located within the locality. Its operation will be carried out under a social rental agreement.

Arbitrage practice

In addition, there is another expense that needs to be taken into account. The fact is that in order to provide new housing to replace the old one, it is necessary to obtain the consent of all co-owners (but not the entire house; the remaining families must do this on their own). The only problem is that such consents must be notarized. The average price for such a service is about 2 thousand rubles per consent.

17 Mar 2021 jurist7sib 59

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Where to go

ATTENTION! In order for a house to be officially recognized as unsafe and unfit for habitation, its residents or tenants must contact special departments that are authorized to create a special commission.

The commission conducts a detailed study to determine whether the building complies with all the standards and requirements that apply to it under the law:

Local administration employees.
Housing inspection specialists.
Employees of Rospotrebnadzor.
Ministry of Emergency Situations.

There are such concepts as a dilapidated and dilapidated house. These terms have significant differences.

How and where to submit papers?

According to paragraph 44 of Part IV of the Resolution, an application can be submitted in several ways :

present it in person to an employee of the city administration office department;
send by mail, including e-mail;
contact the MFC;
submit an application online through the government services information portal.

To submit an application in person , you need to go to the official website of the municipal district administration and find out its actual address. As a rule, the website contains information about the full composition of the commission, including information about their position and contact information.

The application must be registered with the secretary or department of the office of the city administration. He is assigned an individual number, and a receipt of acceptance of the application is given to the applicant.

The document can also be submitted online through a single or regional public services portal . However, before this you need to register there and enter all the necessary data that the information system requires.

The application is written in free form, to which you can attach existing documents in electronic format . Once submitted, it will be assigned a registration number and further information on when to expect a response.

Important! Not all regional government service portals have the ability to accept applications online, so you need to inquire about this issue in advance or send an application to the email address that is always listed on the official website.

How is it different from the old one?

An emergency house is a building that is subject to demolition if there is a certain amount of damage and breakdowns.

To recognize a building as unsafe, you must contact the local administration, fill out an application and provide evidence that the object is indeed subject to such status.

There is no clear wording in the legislative acts regarding what an emergency or dilapidated house should be. There is only a list of criteria. Therefore, each object is considered by the commission individually.

ATTENTION! A dilapidated building may also be subject to vacancy and demolition.

However, in some cases, when the foundation and supporting structures have survived, it makes sense to carry out restoration work. If restoration work does not entail a violation of the integrity of the supporting structures, then it makes sense to carry out reconstruction.

If the commission does not want to recognize the apartment building as uninhabitable

The only solution in this situation will be to appeal the conclusion in court . No other government agencies will help. To do this, you need to contact the district court within 3 months after receiving the final decision .

In addition, it is necessary to collect all available documents, including a copy of the commission’s conclusion. The statement of claim is written in accordance with the rules listed in Article 131 of the Code of Civil Procedure of the Russian Federation. In general, this is a simple process, but the time frame for appealing is very short, so you need to act quickly.

In conclusion, it must be said that the procedure for recognizing a house as unsafe is a very labor-intensive and complex procedure that requires the collection of a considerable number of documents. The optimal solution here would be to unite the efforts of all residents of the house , and also to use, if possible, all options for action, including the court.

First you need to develop an action algorithm , as well as involve a third-party organization that will conduct an initial examination of the house. The result will depend both on the actual state of the matter and on the actions of the residents themselves.

National Resettlement Program

If housing is considered dilapidated, residents must be evacuated. Based on the commission’s decision, a new place of residence must be provided to:

The new living space corresponds in size to the old apartment or house, or the area of the new housing is larger.
There are all the necessary communications , as well as a gas or electric stove in each house.
If residents refuse the proposed options three times in a row , their wishes do not have to be taken into account in the future.
Public housing is provided under the same conditions as the previous one.
Those who need improved living conditions are provided with living space taking into account the lack of square footage.
Housing space is provided in the same area in which the dilapidated or emergency structure is located.
Residents are not evicted to a communal apartment or dormitory.

What is considered a non-residential building?

The local administration of any locality independently compiles a list of objects that need inspection. If a non-residential building that needs to be recognized as unsafe is included in this list, then there is no need to apply anywhere; the administration, represented by an interdepartmental commission, will independently conduct an inspection and notify the owner of its results.

The procedure for recognizing a non-residential building as unsafe

In this case, everything may depend on what kind of specialists the administration attracts for inspection and what internal rules apply in a particular region. Below we will consider an average version of how a building is recognized as unsafe.

If the property is not listed in any address register, the owner will have to submit an application. Thus, he initiates an extraordinary check. This will help the authorities declare another non-residential structure unfit.

Recognizing a house as unsafe: procedure

A house can be recognized as dilapidated or in disrepair if citizens apply and submit a written application. Who can act as an applicant:

residents of an apartment building;
Fire Department;
Rospotrebnadzor specialists;
the municipality, which is responsible for residential properties.

Upon receipt of an application, a commission is created that determines the degree and scale of destruction, damage and wear. If the inspection establishes and recognizes an emergency condition, a decision is made to resettle the residents of the house.

What needs to be done to get your home approved for demolition?

In order to initiate the procedure for recognizing housing as unsafe, you need to clearly understand what is, according to the law, a non-residential/emergency building .

Before contacting the interdepartmental commission, you need to collect all the necessary documents , conduct an inspection, and conduct an examination of the house.

The action algorithm can be presented as follows:

collection of necessary documents;
consideration of the above issue at a general meeting of owners, members of the partnership, where they must elect and then enter into an agreement with the organization to carry out the technical characteristics of the house;
appeal by application to the interdepartmental commission to recognize the house as unsafe.

This can be done by any specialized organizations that have a license to carry out such activities .

However, such entities may not be trusted by government agencies.

Technical examination of housing in Moscow is carried out by the State Unitary Enterprise "MOSZHILNIIPROEKT".

In other cities, this is done by other organizations that are analogues of the above mentioned institution (LenNIIproekt, State Budgetary Institution MO "NIIPROEKT", etc.)

Important! The final decision to recognize a house as unsafe is made only by the interdepartmental commission of the city or other constituent entity of the Russian Federation, as well as the executive authority, the local self-government.

Step-by-step instruction

Submitting an application in writing. In the application form, it is necessary to indicate the applicant’s data, the exact address of the location of the object, a description of the destruction and damage, and a list of evidentiary documents. The applicant must sign. If the appeal is collective, then all applicants sign the written appeal.
Creation of a commission that will determine the status of the object and issue an act of examination. The conclusion is drawn up in two copies , one of which is given to the applicants. Five days are given to make a decision.
Facilities recognized as emergency are subject to resettlement within fourteen days. In reality, this procedure takes up to several months.

Examination of housing resembling dilapidated

The examination of housing is carried out both by third-party organizations invited by the owners, and directly by the commission itself.

The invited organization conducts an engineering and technical assessment of the house and draws up its conclusion.

The main condition: such an institution must have a license to conduct such an examination.

In this case, residents need to worry about finding a reliable organization.

a final examination of the house as a second stage . In addition to analyzing the received documents, the organization evaluates the housing condition of the apartment building, its foundation, load-bearing structures, and also inspects the condition of the home for compliance with sanitary and epidemiological standards, fire safety, fire resistance, etc.

In addition, members of the commission must analyze the degree of danger of the residential area of the house , and also calculate the content of hazardous chemicals in the air, premises, etc.

The commission can also involve third-party experts, as well as make additional requests to other government bodies using a specialized government system .

At the end of the period of examination and verification of all documents, the commission draws up a conclusion in 3 copies , where it can recognize the MKD:

emergency and subject to demolition;
emergency and subject to reconstruction;
those in need of major repairs;
suitable for habitation, with the exception of some apartments;
residential and appropriate living conditions.

When should I expect a conclusion and in what form?

The commission examines all documents and also conducts an additional inspection of the house within 30 days in accordance with paragraph 46 of Part IV of the Resolution. At the end of the examination, a conclusion is issued, which is drawn up in writing.

The conclusion indicates the decision made, which must be justified by law and factual data based on the documentation provided. The document must be signed by all members of the commission , including the chairman himself, his deputy and secretary.

Important! Based on this conclusion, the executive body, the local self-government, within 30 days, issues a corresponding resolution, as well as a decree on the future fate of the apartment building and the timing of the eviction of citizens.

This material describes what to do when your home is declared unsafe.

What documents are needed

Application from residents, or representatives of one of the departments authorized to submit an application.
Photocopies of applicants' passports.
Legal establishing documentation.
Resolution of the expert commission.
Complaints, complaints submitted to the utility service, higher authorities about the condition of the house, damage, and non-compliance with sanitary standards.

Each object is considered individually. In this regard, additional documents may be required.

IMPORTANT! If the property is considered dilapidated or in disrepair, residents have the right to resettlement and receive new housing in accordance with the requirements of the law.

Applicants are presented with a document confirming the decision made. Each resident, on the basis of this document, must be offered new housing, which is not inferior in terms of conditions and area to the previous one.

We will have to pay more for residential premises seized for municipal needs

Note: Follow the new rule also in cases where you withdraw housing in connection with the seizure of the land plot on which the house is located

When local authorities resettle a dilapidated building, they seize the housing for municipal needs. In this case, the owners of residential premises must be paid compensation. Include in this amount the market value of not only the premises and common property in the apartment building, but also the land plot on which the house is located. This requirement is specified in the new edition of Part 7 of Article 32 of the Housing Code. An increase in the amount of compensation is an additional measure of support for citizens who are being relocated from emergency housing stock.

Examination of collapsed buildings and structures

Buildings that show signs of disrepair are transferred to the category of objects for which regular monitoring of technical condition is carried out. Normal operation of such buildings is not permitted.

preparatory stage, at which specialists become familiar with the design of the object, the nature of the solutions used and other parameters;
preliminary stage, during which documentation is collected that characterizes the technical condition of the object in current conditions;
instrumental stage. As part of this stage, the condition of the facility, the operating environment, the presence of loads and other factors are analyzed.

Recognition of a building as unsafe; signs of emergency; regulatory framework

After signing the act, residents are resettled within two days, the structure is subject to demolition, and the territory is cleared for development. Annual flooding of the territory, mudflows, and landslides also make it possible to classify a building into this category even in the normal state of power structures and foundations.

Any construction projects require periodic repairs. In its absence, the problems that arise aggravate and become serious, so over time the building may become unsafe. This condition implies an insufficient level of safety for those living in the house.