Buying an apartment in a building for demolition. Rules, regulations, procedure for providing housing

Registration of the contract

The obvious and main advantage of purchasing an apartment in an old building that is being prepared for demolition is the opportunity to get for it in the future, when resettling, housing that is more profitable in various respects. Building standards have changed significantly in recent decades, and it is possible that instead of a two-room “Khrushchev” apartment of 45 square meters, you will get a more comfortable “kopeck piece” in a new building with an area of 70 m².

In accordance with the Housing Code of the Russian Federation, the seizure of housing due to the emergency condition of the house, the interest of the state or city municipality in a building or land plot, is accompanied by the provision of compensation for living space, without infringing on the rights and interests of the owner or tenant. Moreover, this can be either square meters or monetary compensation in the amount of the market value of the seized apartment. All expenses for finding an alternative, completing the transaction, and moving are borne by the state.

In parallel, purchasing an apartment in a building for demolition gives you the right to get on the waiting list to improve your living conditions. Although often residential buildings that are about to be demolished are not outright “ruins.” If we take into account that the initial cost of old apartments in dilapidated buildings is in any case lower (up to 25%), then their purchase takes on the features of a profitable financial investment.

However, such a decision does not always promise 100% success. You cannot be sure that resettlement will take place, even if its dates have already been announced. Many factors can change urban development plans, from protracted litigation in case of dissatisfaction of the owners of seized apartments with the proposed replacement options, to a financial crisis in the country or an individual development company.

Until an agreement on the seizure of real estate is concluded between the authorities and the residents of the house designated for demolition (and it is not a fact that this event will happen at all), you will have to spend money on maintaining a more or less livable condition of the dilapidated apartment. Even if you do not live in it personally, but, say, rent it out (the rent in such “apartments” a priori cannot be high).

In addition, you need to be aware that the state is trying to “save” in the process of providing housing when demolishing a house. For example, the rule stating the equivalence of new housing and seized housing in relation to the number of rooms can be observed; the provided apartment will have sufficient total area, but the residential one will not. And the law in these circumstances will not be violated, although in fact the owner of the new home will lose square meters of usable space due to a spacious loggia or unnecessary storage room.

This also applies to the calculation of the cash equivalent (intentional underestimation of the purchase price of housing). Thus, it is a mistake to believe that buying an apartment in a building for demolition will certainly bring profit. There are risks of being “stuck” in a dilapidated house for a long time, and when receiving compensation, you will not receive what you expected (wrong area, square footage, layout, etc.).

If you want to “play the lottery,” let’s find out on what basis municipal authorities decide to demolish old houses and resettle their residents.

Official website of the Supreme Court of the Russian Federation

The Supreme Court of the Russian Federation prohibited taking additional payments from displaced persons from dilapidated houses: compensation by citizens for the difference between the cost of seized and provided housing is not provided for either by federal legislation or by the regional targeted program.

The crux of the matter

A dispute between residents of the Arkhangelsk region and local authorities has reached the highest authority. The applicants were required to make an additional payment for the apartment into which the plaintiffs were supposed to move from emergency housing. Officials explained their demand by the difference in market value between new and dilapidated real estate.

According to the case materials, the administration considered that the apartment building in which the applicants lived needed to be demolished, since it was recognized as unsafe. In connection with this, the parties entered into an agreement on the seizure of the old apartment and the provision of new housing. In the same document, the administration prescribed the obligation of displaced persons to pay approximately two million rubles - the difference between the market value of the provided and seized residential premises.

The owners expressed disagreement with the additional payment and challenged this requirement of the contract in court and even received support during the proceedings in the first instance. The court indicated that since the house was recognized as unsafe and subject to demolition and was included in the regional targeted program, and the plaintiffs chose a way to ensure their rights by providing new residential premises in their ownership instead of the unsafe one, therefore, the administration’s demands to pay the difference in price are illegal. In connection with this, the district court ordered the authorities to provide the plaintiffs with living quarters.

However, the appellate court overturned this decision, citing the norms of housing legislation on the obligation to pay the difference in price: in the absence of an agreement between the parties and in the case of provision of residential premises worth more than the purchase price. The regional court considered that since the applicants did not agree with the wording of the agreement, it means that the parties did not reach an agreement on the conditions for the seizure of real estate from them and the provision of a new apartment.

The Judicial Collegium for Civil Cases of the Supreme Court did not agree with this interpretation of the laws.

Position of the Armed Forces

The Supreme Court reminds that in accordance with Article 40 of the Constitution of the Russian Federation, everyone has the right to housing and no one can be arbitrarily deprived of it.

In order to create safe and favorable living conditions for citizens, as well as improve the quality of housing and communal services reform, the legislation establishes the legal and organizational framework for providing financial support to constituent entities of the Russian Federation and municipalities for major repairs of apartment buildings and the resettlement of citizens from emergency housing stock, the Supreme Court points out.

He recalls his legal position set out in the review of judicial practice in cases of housing rights of citizens dated April 29, 2014: if a residential building is recognized as unsafe and subject to demolition, then the owner of the premises in such a house has the right to provide another housing property or ransom

“At the same time, the owner of the residential premises has the right to choose any of the above methods of ensuring his housing rights,” notes the Supreme Court.

The regional resettlement program regulates that after August 1, 2013, payment for the difference in area between the housing being resettled and the housing received is carried out at the expense of the fund and the regional budget.

If the cost of residential premises being purchased or under construction exceeds the cost of resettlement, it is paid for from the local budget of the municipality on whose territory the apartment building being resettled is located, the program provisions say.

The rights of those displaced from dilapidated housing are also enshrined in the relevant code, the norms of which also determine that owners receive either new housing or a buyout for old unsuitable property.

“Citizens evicted from residential premises in a dilapidated apartment building that belong to them by right of ownership are given the right to choose, in accordance with Article 32 of the Housing Code of the Russian Federation, to receive compensation for the residential premises seized from them or, by agreement with the owner, they are provided with another residential premises.

Thus, neither federal legislation nor the regional targeted program establishes an additional payment by citizens moving from residential premises in a dilapidated apartment building for the difference between the cost of the seized residential premises and those provided again,” the Supreme Court emphasizes.

In this connection, the judicial panel for civil cases of the Armed Forces of the Russian Federation canceled the appeal ruling and sent the case for a new trial to the appellate court (definition No. 1-КГ19-9).

Alice Fox

Which houses are designated for demolition, resettlement deadlines

Houses that are deemed unsafe to live in must be demolished first. The fate of emergency facilities is determined by an authorized commission (construction and fire supervision services, sanitation stations and other expert organizations), the conclusion of which becomes the “starting point” of preparation for their elimination. The following aspects are taken into account:

the degree of natural wear and tear of the building, regardless of its service life;
presence of structural damage due to natural disasters, industrial accidents;
characteristics of the area in terms of the impact on human life and health of adverse natural phenomena (flooding, landslides, earthquakes, etc.), man-made factors (electromagnetic radiation, radiation, noise).

Officially recognizing a house as uninhabitable, the commission gives a written opinion on its condition. Based on this act, the city authorities decide to demolish the building, notifying residents at least 12 months before the planned event.

During the allotted year, the local government body studies information on each residential premises, resolves the issue of compensation, and resolves possible legal disputes. If an agreement is signed with residents before the specified date, earlier check-in is possible. Urgent resettlement is a necessary measure in the event of a threat to the lives of residents; temporary housing is used from the flexible stock.

An important point: there is a difference between the concepts of “dilapidated housing” and “emergency housing”. Dilapidated housing is not necessarily demolished; programs are being carried out for its reconstruction and major repairs with the temporary eviction of residents. At the same time, houses with normal living conditions can also be “sentenced” to demolition if they impede the development of the city (laying a pipeline, roads, construction of socially important facilities). Housing in them is seized according to the legally justified needs of the state and municipal authorities.

Regardless of the reasons, if your house is designated for demolition, you have the right to get another apartment, with living conditions no worse than the previous ones. Read on to find out how exactly this happens.

Buying an apartment in a building “to be demolished”: can you count on free relocation in 2021?

With the advent of the federal state program “Housing” in 2002 and a number of related bills, the process of resettlement of unsuitable real estate has accelerated significantly. Simultaneously with the targeted housing renovation project, the demand for real estate in dilapidated and unsafe buildings has increased. Buyers began to willingly purchase apartments “for demolition” in order to eventually receive the keys to a comfortable apartment at a price below the market average.

However, in 2021, amendments were made to the Federal Law on the Resettlement of Dilapidated Housing Federal Law No. 185, designed, according to legislators, to speed up the resettlement of those citizens who really need new living space. Due to new legislation, housing “to be demolished” will soon cease to be a profitable investment for many owners. What is changing in the program for the resettlement of emergency and dilapidated housing and is there a chance to get an apartment for free after 2021?

Which apartments are recognized as emergency or dilapidated housing?

According to the current rules, an apartment building can be considered unsafe if most of the property has worn out and become unusable:

for stone buildings - 70% wear;
for wooden buildings - 65% with a probability of building collapse due to defects in supporting structures.

For a house to be considered dilapidated, the housing must have one or more characteristics:

Significant deformation or damage to the foundation;
Lack of windows for the required amount of natural light;
Lack of electricity, hot and cold water, central heating (each apartment in the building is heated by the residents independently);
High content of toxins identified as a result of toxicological examination.

Also subject to resettlement are houses located in environmentally unfavorable areas or in areas with special conditions prohibiting development. For example, if the house is located in an area with an increased likelihood of landslides, flooding, avalanches, etc. Even one of the listed shortcomings gives the owners the right to file an application to recognize the housing as unsafe and demand resettlement.

At the request of the owners, a commission is formed that assesses the technical and sanitary-hygienic condition of the building. Members of the commission make a decision on recognizing the status of emergency housing or draw up a reasoned refusal of the application.

It is important to understand that only houses with emergency status are definitely resettled. If the assessment commission determines the condition of the house as “dilapidated housing,” the building can be reconstructed or included in the capital repair program.

What kind of housing can you count on under the state program “Housing”

Decree of the Government of the Russian Federation No. 675 of September 17, 2001 “On the federal target program “Housing” for 2002-2010” marked the beginning of the mass resettlement of dilapidated and dilapidated houses.

The goal of the program is to provide Russian citizens with safe, comfortable housing. Therefore, legislative norms initially established a number of restrictions that made it difficult to intentionally purchase dilapidated housing as an “investment in a future new building.” Such restrictions, for example, include a ban on the purchase of emergency apartments using maternal (family) capital. In addition, credit institutions are not always willing to approve a mortgage loan for the purchase of emergency residential meters or include expensive insurance in the contract.

Since the beginning of the state program, the resettlement of owners of emergency housing has been subject to the following rules:

The order of occupancy of an apartment building depends on the year the emergency status was recognized and on the degree of threat of collapse.
The apartment owner is offered three or more suitable housing options to choose from. The personal wishes of citizens regarding their place of residence are not taken into account.
Refusals to be provided with premises on a suitable territory are not grounds for refusing to move into an apartment you don’t like (Part 3, Article 16 of Law No. 185-FZ of July 21, 2007). If none of the apartments are satisfactory, the owner of the emergency property, by court decision, can be relocated or receive compensation.
The allocated apartments are purchased either on the secondary housing market or in new buildings at the final stages of construction. The housing provided must meet the following requirements:

Located within the administrative boundaries of the settlement.
Suitable for living, meets all sanitary, epidemiological, hygienic and other requirements;
Connected to communications (electricity, water supply, sewerage, heating), equipped with minimal plumbing equipment, a kitchen stove.

Resettlement from emergency housing stock is carried out at the expense of the federal and regional budgets, that is, residents of unsuitable houses for habitation acquire new property free of charge and entirely at public expense.

The timing of the state program was postponed several times from 2014 to a later date. Currently, the state resettlement program according to the original rules has been extended until September 31, 2018. After this date, residents of emergency buildings will face significant changes.

Reorganization of the resettlement program: what will change after September 2018

The new resettlement rules apply to real estate declared unsuitable for habitation after October 1 of the current year. The main condition that comes into force is the principle of relocation with additional payment. Owners of emergency housing lose the opportunity to move into a new apartment for free: after resettlement, citizens will be required to make up the difference between the lost and provided real estate through monthly payments to the state budget until the new apartment is completely purchased. For property owners whose houses are recognized as unsafe before the beginning of October, relocation conditions will apply free of charge.

According to future changes, it is planned to allocate apartments first to residents who have no other place to live. Owners of apartments in a dilapidated building who own other residential real estate are the last to receive the right to resettlement. If it is reliably established that the owner of the dilapidated housing permanently resides in another place, instead of new residential property, he will be paid compensation for the lost housing.

An advantage of the new rules is the right to choose the location and area in which the new property will be located. At the same time, deterioration of living conditions during resettlement from dilapidated housing is not allowed. The allocated premises must correspond in size to emergency housing, while meeting standard state standards for living space - 18 m² per person. The same rule applies to the presence of communications in new housing - heating, gasification, water supply.

For those citizens who cannot or do not want to pay extra for moving to a new apartment, a social rental program has been developed on favorable terms while retaining the right to choose their area and place of residence.

Low-income and large families, pensioners and disabled people receive social housing on a non-profit lease basis with subsequent purchase. Beneficiaries will only need to pay utility bills on time. Tenants without preferential status are required to pay monthly rent in the amount of up to 70% of the apartment's market rent.

Additions to the government program make it much more difficult to obtain new residential property. However, legislators expect that the new housing standards will help, first of all, to provide housing for people who really need a comfortable and safe apartment.

How will the apartment building be settled?

Despite all the restrictions, citizens still have a chance to buy an apartment in a dilapidated building with the right to receive free housing. To do this, before concluding a transaction, you need to check whether the house is included in the resettlement program and the date of inclusion in the list.

The first way to clarify the status of a residential building is to familiarize yourself with the targeted program approved by the regional administration for the implementation of the state program “Housing” in the subject of the federation. This document must contain the following information:

The total area of the emergency housing stock and the list of specific houses subject to demolition or reconstruction.
Timing for the relocation of citizens from each individual house included in the list.
Amounts of funds allocated for the implementation of the program, indicating sources of financing and justification for the amount of financing.
Listing of all possible methods of resettlement of citizens, incl. the planned cost of the premises provided and the possible amount of compensation for the seizure of housing from the owner.

The program is published in the public domain, so you can find out the status of the selected apartment building on the website of the local executive authorities.

The Internet portal “Housing and Communal Services Reform” in the “Resettlement of Citizens” section contains a list of regions of the Russian Federation. Here you can view general data on the emergency housing stock in a specific subject of the federation, information on the timing of resettlement at a specific address.

The “Major Repairs” page contains information about dilapidated housing that is planned not to be resettled, but to be reconstructed. Additionally, on the website of the Ministry of Construction of the Russian Federation, you can check whether the selected house is on the list of the resettlement program, as well as familiarize yourself in detail with the conditions of the federal program or ask a clarifying question through the feedback form.

The owner of the apartment is obliged to warn the buyer that the property being sold is located in a dilapidated or dilapidated building. In this case, the owner must have a proposal to sign an agreement on the seizure of housing, a notification to the assessment commission, or a court decision on the resettlement of an apartment building.

At the same time, a clause is included in the purchase and sale agreement stating that the buyer is warned about the status of the house and the upcoming resettlement. Otherwise, the buyer will be able to claim that he was misled and the transaction may be declared invalid in court. In addition, signing a purchase and sale agreement is not permitted if there is an official decision affecting resettlement:

A court ruling was made on the forced eviction of the owner of the premises.
The seller managed to sign a waiver of new housing or compensation for the apartment.
The owner has already entered into an agreement with the municipality on exchange for a new apartment or payment of compensation in the amount of the purchase price.

Before starting the search for suitable housing “for demolition”, the buyer should carefully assess all the risks of buying a distressed apartment. Despite the noticeable results of the state resettlement program, transactions with unsuitable real estate do not guarantee obtaining a new apartment at a reduced cost.

Compensation for residents upon demolition of a house

So, the official decision to liquidate the residential property has been made, and the main question comes to the fore: what kind of apartment will they be given when the house is demolished? Several options for the development of the situation are possible, depending on whether you are the owner of the apartment (the housing is privatized) or live in it under a social tenancy agreement.

Having a privatized apartment in a building for demolition, you have the right to count on the provision of equivalent comfortable housing, with the same number of rooms, no less in size. Ideally, in the same area (in practice, this does not always work out).

If the option proposed by the municipality suits you, the apartment becomes your property under a purchase and sale or exchange agreement. When an agreement cannot be reached, the owner is entitled to monetary compensation in the amount of the market value of the “old” housing. It should include all expenses for moving, searching for a new home, its legal registration, and even lost profits (for example, in case of early termination of obligations to third parties). The payment is made in cashless form, on a targeted basis, the money can be spent on purchasing an apartment of the optimal format. In some cases, it is possible to agree with the city administration on the payment of the redemption value of the lost living space in cash.

Compensation to shared co-owners of apartments in buildings subject to demolition occurs in a similar manner. The share of each of them is not allocated separately by dividing real estate. Co-owners receive common housing, equal in living conditions and cost to the previous one. Or, by agreement with the municipal authority, the cash equivalent, which can subsequently be divided in proportion to the size of the shares of the co-owners.

It is more difficult to resolve the issue when an apartment in a building for demolition is purchased with a mortgage. The creditor bank must be involved, since any manipulations with the collateral real estate are carried out only with its consent. But no bank has the right to dictate terms to the government, and the demolition of the house, if planned legally, will be carried out. Finding a new apartment that simultaneously meets the requirements of the owner-borrower, bank, and insurance company is very, very difficult; it will take a lot of time. Additionally, it is necessary to renegotiate the mortgage agreement and draw up a new payment schedule. Usually, in order to avoid such red tape, before issuing a loan for the purchase of an apartment, banks check whether it is located in a building that is in disrepair and subject to resettlement (or with the prospect of such events).

Otherwise, the declared procedure for providing housing during the demolition of a house to citizens who are social tenants of the seized real estate. In this case, comfortable housing is provided, without taking into account the cost, equivalent to the previous one in terms of total footage, within the boundaries of the corresponding locality. With the written consent of the evicted person, the provided residential premises may be located in another area of the subject of the Russian Federation appearing in the case.

Persons in need of improved housing conditions and those on the waiting list are provided with housing during demolition in accordance with the standards prescribed by the Housing Code of the Russian Federation. Each registered family member is allocated at least 18 m²; children of different sexes over 14 years of age and unmarried persons are legally entitled to separate rooms. If the previous housing was isolated, relocation to an alternative communal living space is unacceptable. Those who lived in communal apartments before resettlement will most likely also be offered options with “sharing”.

There is an opinion that it is better to privatize the apartment before demolishing the house. Let's try to find out if this is really so.

What rights do owners of housing subject to demolition have?

Lawyer Antonov A.P.

Depending on the grounds and conditions for the seizure of the residential premises, the owner is compensated for the market value of the residential premises and losses or is provided with another residential premises.

Preliminary notification of the seizure of residential premises The owner of the residential premises is sent a notice of the decision made to seize the residential premises belonging to him, as well as a draft agreement on the seizure of real estate for state or municipal needs in the manner and within the time limits established by law (Part 4 of Article 32 of the Housing Code of the Russian Federation ). The owner of a residential premises subject to seizure, prior to the conclusion of an agreement on the seizure of real estate for state or municipal needs or the entry into force of a court decision on the forced seizure of such real estate, may own, use and dispose of it at his own discretion and make the necessary expenses to ensure the use of the residential property. premises in accordance with its purpose (part 5 of article 32 of the Housing Code of the Russian Federation).

Options for compensation for seized housing When determining the amount of compensation for residential premises, the owner can count on payment to him of the market value of the residential premises, the market value of the common property in the apartment building, including the market value of the land plot on which the apartment building is located, taking into account his share in the right of common ownership of such property, as well as compensation for all losses caused by the seizure of residential premises, including losses that he incurs in connection with a change in place of residence, temporary use of another residential premises before acquiring ownership of another residential premises, relocation, search for another residential premises premises for the acquisition of ownership of it, registration of ownership of another residential premises, early termination of their obligations to third parties, including lost profits (Part 7 of Article 32 of the Housing Code of the Russian Federation). By agreement with the owner of the residential premises, he may be provided with another residential premises in exchange for the seized residential premises, with its value offset when determining the amount of compensation for the seized residential premises (Part 8 of Article 32 of the Housing Code of the Russian Federation). An exception is made for citizens who acquired ownership of residential premises (except for the acquisition of ownership by inheritance) after the apartment building was recognized in the prescribed manner as unsafe and subject to demolition or reconstruction. These persons are entitled only to payment of compensation. As a general rule, the amount of such compensation cannot exceed the cost of purchasing residential premises. The exception is cases of acquisition of residential premises under an agreement in which the alienation of the premises is made free of charge (for example, under a gift agreement). In this case, the amount of compensation can be determined based on the market value of the purchased premises (Part 8.2 of Article 32 of the Housing Code of the Russian Federation; Letter of the Ministry of Construction of Russia dated April 17, 2020 N 15026-ME/06). It should be noted that the redemption price of a residential premises does not include investments that significantly increased its value (for example, major repairs), provided that they were made during the period from the moment the owner received notice of the seizure of the residential premises until the conclusion of an agreement on its redemption and do not include among the necessary costs to ensure the use of the premises for its intended purpose (clause “z”, clause 20 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated July 2, 2009 N 14). State authorities of a constituent entity of the Russian Federation may establish additional support measures (in particular, in the form of subsidies for the purchase (construction) of housing or reimbursement of expenses for paying interest on a corresponding loan) for owners of residential premises whose, on the date of recognition of an apartment building as unsafe and subject to demolition, or reconstruction there are no other residential premises suitable for permanent residence (part 8.1 of article 32 of the Housing Code of the Russian Federation; clause 3 of part 6 of article 16 of the Law of July 21, 2007 N 185-FZ; Information from the State Corporation “Fund for Assistance to Housing and Communal Services Reform”). Features of the demolition of emergency apartment buildings After identifying the grounds for recognizing an apartment building as unsafe and subject to demolition and the interdepartmental commission has issued an appropriate conclusion, the authorized body of state power or local government within 30 calendar days, and in the case of an inspection of residential premises affected by the emergency - within 10 calendar days makes a decision on the demolition of such a house, and also issues an order on the timing of the resettlement of citizens (clauses 7, 47, 47(1), 49 of the Regulations, approved by Decree of the Government of the Russian Federation of January 28, 2006 N 47). The body that has made a decision to recognize a house as unsafe and subject to demolition or reconstruction may present to the owners of the premises in this house a requirement for its demolition or reconstruction within a reasonable time. If the owners have not carried out the demolition or reconstruction of the house within the prescribed period, the land plot on which this house is located is subject to seizure for municipal needs and, accordingly, each residential premises in the specified house is subject to seizure (Part 10 of Article 32 of the Housing Code of the Russian Federation). If the house in which the residential premises are located is included in a regional targeted program for the resettlement of citizens from emergency housing stock, the cost of one square meter of the total area of residential premises provided to citizens will be determined in this program. At the same time, the owners of premises in a dilapidated apartment building are given the right to choose between receiving compensation for residential premises seized from them or providing them with other residential premises (Part 2 of Article 16, Article 20.15 of Law No. 185-FZ; Clause 12 of the Review of Judicial Practice of the Supreme Court Court of the Russian Federation No. 4 (2019), approved by the Presidium of the Supreme Court of the Russian Federation on December 25, 2019). In the event of demolition of a dilapidated apartment building, funds from the capital repair fund, minus the costs of demolition and previously provided services and (or) work performed, are distributed among the owners of premises in this building in proportion to the amount of contributions paid by them and previous owners for capital repairs (Part 2 of Article 174 Housing Complex of the Russian Federation).

Features of the demolition of apartment buildings included within the boundaries of a residential development territory subject to comprehensive development If, in accordance with the established procedure, the Government of the Russian Federation, the highest executive body of state power of a constituent entity of the Russian Federation or the head of the local administration makes a decision on the integrated development of a residential development territory and the inclusion of an apartment building in the specified decision, placement in such a house is subject to transfer into state or municipal ownership or into the ownership of a person with whom an agreement on the integrated development of the territory has been concluded (parts 1, 2 of article 32.1 of the Housing Code of the Russian Federation; clause 1 of part 1 of article 65, parts 1 - 6 of art. 66, Article 67 of the Civil Code of the Russian Federation). The owners of residential premises in such a building, in return for the vacated premises, are provided with compensation in the amount of the market value of the residential premises, common property in an apartment building, including the land plot on which the apartment building is located, taking into account the owner’s share in the right of common ownership of such property, as well as the cost of all losses caused by the seizure of the premises, or, at the request of the owner, another equivalent residential premises that meets the standards established by the subject of the Russian Federation. In addition, owners of residential premises have the right, upon a written application, to purchase, for an additional payment, residential premises of a larger area and (or) residential premises with a greater number of rooms than the residential premises provided to them, including at the expense of maternity (family) capital, housing subsidies and social payments. It should also be taken into account that the provision of compensation is not allowed if minors, incompetent or partially capable citizens live in the seized residential premises (parts 3, 4, 7, 21, 22 of Article 32.1 of the Housing Code of the Russian Federation). Compensation for residential premises or other residential premises is provided on the basis of an agreement providing for the transfer of ownership of the residential premises. To such an agreement, depending on the situation, the rules of civil legislation on purchase and sale or exchange are applied (Parts 9, 10, 11 of Article 32.1 of the Housing Code of the Russian Federation). If the specified agreement is not concluded within 45 days from the date the owner of the premises receives his project, the person with whom the agreement on the integrated development of the residential area has been concluded has the right to apply to the court with a demand to compel the conclusion of such an agreement, to vacate the residential premises and transfer it into the ownership of the plaintiff (Part 14, Article 32.1 of the Housing Code of the Russian Federation). Moreover, if the owner of the seized residential premises does not own other residential premises, upon his application, he retains the right to use the specified premises for a period of no more than six months after providing him with equivalent compensation in cash, unless a longer period is specified in agreement (Part 5, Article 32.1 of the RF Housing Code). Owners of residential premises who are registered as those in need of residential premises provided under social tenancy agreements, who were provided with other residential premises, retain the right to be registered (Part 12, Article 32.1 of the Housing Code of the Russian Federation).

Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.

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What kind of housing can you buy with a mortgage?

A mortgage loan can be taken out for the purchase of various real estate. Depending on the selected object, the bank determines the list of documents required to obtain a loan, as well as the procedure for conducting the transaction. Let's look at what housing options are available for purchase with a mortgage.

Available real estate options

Banks issue mortgages for the following real estate:

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private residential buildings and townhouses;
•
apartments and apartments in apartment buildings;
•
country houses, garages;
•
parking places
•
buildings and structures for conducting commercial activities

Alfa-Bank provides mortgage loans for:

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apartments and apartments in apartment buildings
•
private residential buildings built together with a land plot;
•
townhouses

Is it possible to buy a plot of land with a mortgage? Yes, if it is not municipal or state property, and its area exceeds the minimum dimensions established by the standards of individual Russian subjects. For example, in St. Petersburg and the Leningrad region, the minimum size of a land plot for individual residential construction is 300 m².

Land plots: mortgage features

When registering a mortgage on land, the right of pledge applies only to the site, without affecting the buildings and structures located on it. But many banks issue a mortgage loan simultaneously for both the land plot and the objects located on its territory.

To get a land mortgage, you may need:

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an act indicating that the site belongs to the category of individual housing construction land;
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cadastral plan indicating the number and location of the site, land survey plan;
•
title documents (from the seller);
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an assessment report indicating the real value of the site;
•
a certificate from the BTI confirming the absence of buildings on the declared site.

In the process of considering the application, the bank has the right to request additional documentation, for example, permission from the guardianship and trusteeship authorities or notarized consent of the second spouse for the sale.

Mortgage on a house or cottage

You can also buy a private house with a mortgage. Does this purchase have any special features? Many banks approve such loans only if there is other collateral. Thus, lenders are more willing to issue a mortgage if the potential borrower has provided an apartment or room as collateral.

The difficulty of obtaining a mortgage for suburban real estate is associated with resolving land issues. In addition, the liquidity of private houses is often lower than that of city apartments. Such transactions are associated with great risks, so it is not possible to take out a mortgage for the purchase or construction of such housing from all banks.

A mortgage for the construction of an individual residential building has a number of features:

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you will need an approved project, estimate, as well as documentation of all stages of construction;
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the site must belong to the category of land where the construction of individual houses for permanent residence (IHC) is permitted;
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Collateral in the form of other real estate may be required.

The land plot for the construction of the facility must belong to the borrower as property. A finished residential building can only be built in the region where the offices of the creditor bank are located.

Some banks issue loans for home construction in tranches after completion of each stage of construction.

Alfa-Bank issues mortgage loans only for ready-made country houses along with a land plot. Loans for building a house or just for a plot are not issued.

Requirements for a residential building:

Is owned by the seller (in this case, ownership must be registered as for a real estate property completed by construction);
The area of a residential building is at least 60 square meters. m and no more than 300 sq. m;
wall material - brick/concrete (including concrete-based materials: aerated block, foam block, twin block, etc.), timber/laminated veneer lumber;
year of construction - no more than 20 years before the date of assessment (for a house made of timber/laminated veneer lumber, year of construction - no earlier than 2000);
presence of glazing of window openings, entrance doors installed;
equipment with the following utilities:

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connection to the electrical network, electrical wiring has been installed;
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connection to central heating or equipment of an autonomous gas heating system (a gas heating boiler running on main gas is installed), pipes for the coolant are laid out and heating radiators are installed;
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connection to an all-season water supply or to a well, water supply pipes have been laid out;
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connection to the sewer network or local treatment plant, sewer pipes have been laid out.

Requirements for the land plot:

is owned by the seller;
category of land use - land of populated areas/settlements/agricultural purposes. Permitted use of a land plot - any type of use for the corresponding category, provided for by the legislation of the Russian Federation and permitting the construction of a residential building;
should not be located in a water protection zone, reserve zone or national park zone;
the area of the land plot should not be limited by the dimensions of the residential building and exceed 5000 square meters. m.

Is it possible to buy two apartments with a mortgage?

To take out an amount sufficient to buy two apartments, you need to have the required level of income and confirm your solvency with the bank. Applying for a mortgage loan for two properties has a number of features. This is due to the nuances of processing such transactions: a separate application and a separate mortgage agreement are drawn up for each apartment, two packages of documents are prepared, etc. You can apply for a mortgage either in two different banks or in one.

When purchasing two apartments with a mortgage, the lending bank will check both properties, which will take more time. You also need to take out two separate insurance policies and make a larger down payment.

When deciding to issue a mortgage for two properties, the bank takes into account the borrower’s solvency. If your income is not enough for approval, it is worth attracting co-borrowers. Thus, Alfa-Bank considers mortgage applications involving from one to three additional borrowers. Other decision-making criteria for the bank:

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credit history, timely repayment of previous loans, duration of delays, if any;
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availability of official employment, duration of work in one place, payroll system;
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number of dependent persons;
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the amount of the down payment, the amount of debt on the first mortgage loan;
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current market value of the collateral property.

Requirements for housing quality

Since an apartment or other real estate is the subject of collateral, it must meet the following criteria:

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be located on the territory of Russia;
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do not have uncoordinated redevelopment and re-equipment;
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not included in the plans for demolition under the renovation program;
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have wear of no more than 65%;
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be connected to central utility networks;
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not be in pledge, under encumbrance or arrest.

Country houses should be no more than 50-100 km away from large populated areas and should not be classified as architectural monuments.

Alfa-Bank offers mortgages for apartments in new buildings and secondary housing at a minimum rate of 5.99% per annum. All you need to do at the first stage is to leave an online application and wait for approval. Alfa-Bank loan programs are available to citizens of the Russian Federation from 21 to 70 years of age with a total work experience of at least one year. We issue mortgages to employees, individual entrepreneurs and business owners, as well as specialists in private practice.

Real estate insurance

One of the key features of taking out a mortgage loan is purchasing insurance. Real estate insurance reduces the risks of the bank and the borrower in case of unforeseen situations: damage to the collateral, deterioration of the borrower’s health, etc.

Emergency exit

A bill amending the Housing Code and the Law “On the Fund for Assistance to the Reform of Housing and Communal Services” was developed by the Ministry of Construction.

Using the funds from the Housing and Utilities Reform Fund, homeowners in dilapidated buildings may be offered additional social benefits or preferential mortgages. According to Svetlana Razvorotneva, executive director of the National Center for Public Control “Housing and Communal Control”, the bill only provides for the possibility of providing preferential mortgages. Specific interest rates can be established by regulations or orders of regional authorities.

According to the Housing and Communal Services Fund, in 2021 it is necessary to resettle 8.2 thousand people, providing them with 141 thousand square meters of new real estate

The bill states that they cannot be higher than the key rate of the Central Bank, notes Razvorotneva. Earlier, during expert discussions, figures were sounded at 5-7% per annum, at the level of a social mortgage for large families.

Alternatively, the apartment owner may be offered to move into a flexible fund until an investor is found who will build permanent housing for the displaced.

They also want to attract investors themselves with subsidies so that they will more actively develop areas where houses are no longer suitable for living. “Subsidies must have a specific purpose and be used for the resettlement of citizens living in dilapidated houses located on the site to be developed,” Vladimir Yakushev, Minister of Construction and Housing and Communal Services, previously noted.

According to the ministry, such measures will reduce the amount of uninhabitable housing stock. In addition, the introduction of a mortgage is primarily convenient for the citizens themselves, since a person will be able to choose the house he wants to move into.

The Ministry also proposes to give federal authorities additional powers to determine the grounds, procedure and criteria for recognizing an apartment building as unsafe, as well as classifying houses as residential buildings whose physical deterioration exceeds 70%. Cases and deadlines for providing the maneuver fund will be established.

The bill preserves all the rights of citizens living in the emergency fund that are in effect today. Those who live under the terms of a social tenancy agreement, when resettled, will be able to count on premises of equivalent area, allocated under the same conditions. Owners of emergency housing have the right to receive payment for the seized unsuitable premises, to receive other housing, and they can also independently demolish or reconstruct an apartment building.

According to the Housing and Communal Services Fund, in 2021 it is necessary to resettle 8.2 thousand people, providing them with 141 thousand square meters of new real estate. So far the regions are working ahead. As of October 1, 2019, 10.33 thousand people were resettled from 182 thousand square meters of emergency housing. 25 regions met the 2021 target. These include Vladimir, Amur, Astrakhan, Voronezh, Irkutsk, Kaliningrad, Kemerovo, Moscow regions and other subjects of the Russian Federation.

By 2026, according to the Housing and Communal Services Fund, about 12 million square meters of dilapidated housing and almost 700 thousand people need to be resettled.

It should be taken into account that housing, like any material object, tends to wear out. Today the house is still standing, but in a few years it will begin to crumble and burst at the seams. And no overhaul will help. It just seems that in the Soviet years they built to last. Some houses are really well built and will last for another decade, but others, alas, will not. Therefore, the problem of emergency housing will not disappear either after 2025, or after 2030, or after 2035.

And so far it is being solved only with public money. According to Svetlana Razvorotneva, investors cannot be lured by any subsidies if we are talking about the development of a depressed area. It is the residents of small, non-developing towns and villages who often find themselves hostage to dilapidated housing. “I am following the project of the Ministry of Construction, it has been transformed many times, but so far I do not see in it the answers to many questions. The measures that are proposed there may be applicable for large cities, but not for small settlements, for which the problem of emergency housing is most pressing and where the level of income of the population is low,” adds Razvorotneva.