A new program for the resettlement of emergency housing in the Russian Federation is planned to begin in 2021 - Housing and Communal Services Fund

Article 1

Introduce into the Housing Code of the Russian Federation (Collection of Legislation of the Russian Federation, 2005, N 1, Art. 14; 2006, N 1, Art. 10; N 52, Art. 5498; 2007, N 1, Art. 13; N 43, Art. 5084; 2008, N 30, Art. 3616; 2009, N 48, Art. 5711; N 51, Art. 6153; 2010, N 49, Art. 6424; 2011, N 23, Art. 3263; N 30, Art. 4590; 2012, N 26, Art. 3446; N 53, Art. 7596; 2013, N 52, Art. 6982; 2014, N 26, Art. 3406; N 30, Art. 4218, 4256; N 49, Art. 6928; 2015, N 1, Art. 38, 52; N 27, Art. 3967; 2021, N 27, Art. 4288; 2021, N 52, Art. 7922; 2021, N 1, Art. 46; N 15 , Art. 2030; N 53, Art. 8484) the following changes:

1) in article 12:

a) paragraph 11 should be supplemented with the words “the grounds and procedure for recognizing an apartment building as unsafe and subject to demolition or reconstruction”;

b) paragraph 12 should be supplemented with the words “, apartment buildings, all residential premises in which are owned by the Russian Federation, are in disrepair and are subject to demolition or reconstruction”;

2) paragraph 6 of Article 13 shall be supplemented with the words “, apartment buildings, all residential premises in which are owned by a constituent entity of the Russian Federation, are in disrepair and are subject to demolition or reconstruction”;

3) paragraph 8 of part 1 of article 14 shall be stated as follows:

“8) recognition, in accordance with the established procedure, of residential premises of municipal and private housing stock as unsuitable for habitation, apartment buildings, with the exception of apartment buildings, all residential premises in which are owned by the Russian Federation or a constituent entity of the Russian Federation, as unsafe and subject to demolition or reconstruction;”;

4) Part 4 of Article 15, after the word “residence”, add the words “an apartment building may be recognized as unsafe and subject to demolition or reconstruction”, add the following sentence: “In an apartment building recognized as unsafe and subject to demolition or reconstruction, all residential premises are unsuitable for habitation.”;

5) Article 29 shall be supplemented with part 7 as follows:

"7. The provisions of parts 2 - 6 of this article do not apply to premises located in an apartment building that is in disrepair and is subject to demolition or reconstruction.”;

6) in article 32:

a) part 7 after the words “in an apartment building” is supplemented with the words “including the market value of the land plot on which the apartment building is located”;

b) add part 81 with the following content:

"81. State authorities of a constituent entity of the Russian Federation have the right to establish for the owners of residential premises in apartment buildings recognized in the prescribed manner as unsafe and subject to demolition or reconstruction, additional support measures for the provision of residential premises, provided that on the date of recognition of the apartment building as unsafe and subject to demolition or reconstruction, they do not have other residential premises suitable for permanent residence, owned by them or occupied under the terms of social rent or under a contract for the rental of residential premises of a social housing stock.”;

c) add part 82 with the following content:

"82. Citizens who have acquired ownership of residential premises in an apartment building after it was recognized in the established manner as unsafe and subject to demolition or reconstruction, with the exception of citizens whose ownership of such residential premises arose by inheritance, have the right to payment of compensation for the seized residential premises, calculated in the manner established by part 7 of this article, the size of which cannot exceed the cost of their acquisition of such residential premises, while the provisions of parts 8 and 81 of this article do not apply to such citizens.”;

d) add part 101 with the following content:

"101. If the land plot on which an apartment building is located, recognized as unsafe and subject to demolition or reconstruction, is provided in the manner established by the legislation of the Russian Federation on urban planning activities to the federal executive body (federal state body), in which federal law provides for military service, or enterprises (institutions) subordinate to it, and also located on the territory of a separate or closed military camp, the seizure of the land plot on which the specified house is located, and each residential premises in the specified house, with the exception of residential premises owned by the Russian Federation, is carried out for state needs in the manner provided for in Part 10 of this article.”;

7) in Part 1 of Article 89, the third sentence after the words “federal law” should be supplemented with the words “or a regulatory legal act of a constituent entity of the Russian Federation”;

Article 95 shall be supplemented with paragraph 31 as follows:

“31) citizens whose residential premises have become unsuitable for living as a result of the recognition of an apartment building as unsafe and subject to demolition or reconstruction;”;

9) part 2 of article 106 shall be supplemented with paragraph 31 as follows:

“31) until the completion of settlements with citizens specified in paragraph 31 of Article 95 of this Code, or until the provision of residential premises to them, but not more than for two years;.”

○ Citizens' rights, resettlement or compensation?

Each regional program must contain provisions according to which citizens whose house is subject to demolition are given a choice: either receive a new apartment of equal value, or monetary compensation for the purchase of housing.

Initially, it is proposed to move residents to premises that have an area (both residential and common) no less than in the previous apartment, as well as improved furnishings and repairs. If the conditions are not met, citizens have the right to demand the provision of other premises or monetary compensation . It is determined in each region depending on the market value of the apartment that was planned to be provided.

Citizens who live in emergency housing under a social tenancy agreement can apply for an equivalent municipal apartment on a similar basis.

Article 2

Introduce into the Federal Law of July 21, 2007 N 185-FZ “On the Fund for Assistance to the Reform of Housing and Communal Services” (Collected Legislation of the Russian Federation, 2007, N 30, Art. 3799; 2008, N 20, Art. 2254; N 30, Art. 3597; N 49, Art. 5723; 2009, N 15, Art. 1780; N 27, Art. 3267; N 29, Art. 3584; N 48, Art. 5711; N 51, Art. 6153; 2010, N 11, Art. 1174; 2011, N 1, Art. 49, 53; N 23, Art. 3264; N 29, Art. 4291; N 49, Art. 7028; 2012, N 31, Art. 4322; N 53 , Art. 7595; 2013, N 14, Art. 1646; N 30, Art. 4073; N 52, Art. 6982; 2014, N 26, Art. 3377, 3406; N 30, Art. 4219; N 48, Art. 6637; 2015, N 1, Art. 11, 52; N 10, Art. 1418; N 27, Art. 3967; 2021, N 23, Art. 3299; N 26, Art. 3890; 2021, N 31, Art. 4816; N 45, Art. 6585; 2021, N 1, Art. 54, 67, 90; N 18, Art. 2563; N 49, Art. 7508, 7524) the following changes:

1) paragraph 2 of Article 2 after the words “2017” should be supplemented with the words “or in relation to the provisions of Chapter 65 of this Federal Law after January 1, 2021”;

2) part 2 of article 4 shall be supplemented with paragraph 51 as follows:

“51) performs, in the manner and in cases established by the Government of the Russian Federation, the function of an agent of the Government of the Russian Federation in providing social benefits for the purchase of residential premises on the territory of the Russian Federation to citizens belonging to the categories established by federal laws, decrees of the President of the Russian Federation and acts of the Government Russian Federation;";

3) in part 1 of article 14:

a) paragraphs 4, 9, 92 - 95, 97, 99 and 10 are declared invalid;

b) add paragraph 13 with the following content:

“13) the presence of an obligation of a constituent entity of the Russian Federation to ensure the non-provision and non-use of land plots on which apartment buildings were located, the total area of ​​the emergency housing stock in which was taken into account when calculating the increase in the limit established for the subject of the Russian Federation for the provision of financial support for the resettlement of citizens from the emergency housing stock, in purposes other than the purposes of locating public utility facilities, social services, health care, education and enlightenment, public administration, arranging places for sports, physical education, walking, locating parks, gardens and public gardens, locating residential premises, the construction of which is carried out at the expense of funds from the budgets of the budget system of the Russian Federation. This condition does not apply to the land plots on which the specified apartment buildings were located, if the resettlement of citizens from such apartment buildings was carried out as part of the implementation of an agreement on the development of a built-up area and (or) an agreement on the integrated development of the territory.”;

4) Article 15 is declared invalid;

5) in article 151:

a) the name should be stated as follows:

“Article 151. Providing financial support from the Fund for capital repairs of apartment buildings ”;

b) parts 1 - 5 are declared invalid;

6) in article 16:

a) in part 2:

paragraph 3 should be stated as follows:

“3) the volume of funds of the Fund, the volume of shared financing from the budgets of the constituent entities of the Russian Federation, funds from local budgets and (or) extra-budgetary funds for the resettlement of citizens from emergency housing stock for the entire period of validity of this program, but not more than for the current calendar year and two subsequent calendar years with a breakdown of this program into stages, the beginning of implementation of which falls on the specified years;”;

paragraph 4 should be stated as follows:

“4) justification of the need for the volume of funds of the Fund provided for in paragraph 3 of this part, the volume of equity financing from the budgets of the constituent entities of the Russian Federation, funds from local budgets, taking into account the planned areas of use of these funds and the possibility of attracting extra-budgetary funds;”;

b) part 21 should be stated as follows:

"21. The size of the current year stage of the regional targeted program for the resettlement of citizens from emergency housing stock, specified in paragraph 5 of part 2 of this article, is determined in the manner established by the Government of the Russian Federation.”;

c) add part 23 with the following content:

"23. Methodological recommendations for the formation by constituent entities of the Russian Federation of regional targeted programs for the resettlement of citizens from emergency housing stock are approved by the federal executive body exercising the functions of developing state policy and legal regulation in the field of construction, architecture, urban planning (with the exception of state technical accounting and technical inventory capital construction projects) and housing and communal services.”;

d) part 6 should be stated as follows:

"6. The funds of the Fund, funds of equity financing from the budget of a constituent entity of the Russian Federation and (or) funds from local budgets may be spent on:

1) acquisition of residential premises in apartment buildings, as well as in residential buildings specified in paragraph 2 of part 2 of Article 49 of the Town Planning Code of the Russian Federation (including in apartment buildings whose construction has not been completed), and construction of such houses, including for the purposes of the subsequent provision of residential premises to citizens under a social tenancy agreement, or an agreement for the rental of residential premises in a housing stock for social use, or an agreement for the rental of residential premises in a flexible housing stock in connection with relocation from an emergency housing stock, or an exchange agreement with the owner of a residential premises in an emergency housing stock;

2) payment to citizens who own residential premises included in the emergency housing stock, compensation for seized residential premises in accordance with Part 7 of Article 32 of the Housing Code of the Russian Federation;

3) provision of subsidies for the acquisition (construction) of residential premises in an amount not exceeding the difference between the cost of residential premises of equivalent according to the area withdrawn, calculated on the basis of the standard cost per square meter, and the compensation received, and (or) a subsidy to reimburse part of the cost of paying interest in an amount not higher than the key rate for using a loan or credit received in the currency of the Russian Federation and used for the purchase ( construction) of residential premises. The standard cost per square meter is defined as the cost of one square meter of the total area of ​​residential premises, determined for the constituent entities of the Russian Federation by the federal executive body exercising the functions of developing state policy and legal regulation in the field of construction, architecture, urban planning (with the exception of state technical accounting and technical inventory of capital construction projects) and housing and communal services. The provision of a subsidy at the expense of the Fund can be carried out no later than the end of the Fund’s life;

4) provision of subsidies to persons who have concluded agreements with local governments on the development of built-up territories and (or) agreements on the integrated development of territories in accordance with the Urban Planning Code of the Russian Federation, to reimburse the costs incurred to fulfill obligations for the creation or acquisition, as well as transfer to the state or municipal property of comfortable residential premises to provide citizens resettled from emergency housing located on the territory in respect of which a decision on development has been made, upon payment of compensation for seized residential premises in apartment buildings recognized as unsafe and subject to demolition or reconstruction and located on the territory , in respect of which a decision on development has been made. In this case, the subsidy is provided as the specified persons fulfill these obligations and cannot exceed 25 percent of the standard cost of resettlement, calculated based on the total area of ​​residential premises from which citizens were resettled, and the standard cost per square meter. If a citizen owns several residential premises that are part of the emergency housing stock, the provision to him in connection with the relocation from such residential premises of the subsidies provided for by this article at the expense of the Fund is carried out in relation to only one residential premises. In relation to other residential premises owned by such a citizen and included in the regional targeted program for the resettlement of citizens from emergency housing stock, compensation is provided for seized residential premises in accordance with Article 32 of the Housing Code of the Russian Federation.”;

e) parts 61 and 10 are declared invalid;

7) in article 161:

a) the name should be stated as follows:

“Article 161. Providing financial support from the Fund for the modernization of the public utility infrastructure system ”;

b) parts 1 - 11 are declared invalid;

add Chapter 65 with the following content:

“Chapter 65. Features of providing financial support for the resettlement of citizens from emergency housing recognized as such after January 1, 2021

Article 2014. Providing financial support for the resettlement of citizens from emergency housing recognized as such after January 1, 2021

1. The Fund, under the conditions established by this article, has the right to provide financial support from its own funds for the resettlement of citizens from apartment buildings that are recognized in the prescribed manner after January 1, 2021 as unsafe and subject to demolition or reconstruction due to physical wear and tear during their operation.

2. A subject of the Russian Federation that has fulfilled the obligation provided for in paragraph 910 of part 1 of Article 14 of this Federal Law has the right to submit an application for financial support from the Fund specified in part 1 of this article, within the limit of funds for resettlement established for this subject Russian Federation.

3. The provisions of this Federal Law established in relation to the provision of financial support from the Fund for the resettlement of citizens from dilapidated housing stock and in relation to monitoring the implementation of regional targeted programs for the resettlement of citizens from dilapidated housing stock, apply to the provision of financial support from the funds of the Fund, specified in part 1 of this article, unless otherwise provided by this chapter.

4. Financial support from the Fund, specified in Part 1 of this article, is provided when:

1) the presence of regional targeted programs for the resettlement of citizens from emergency housing, recognized as such after January 1, 2017;

2) fulfillment by the constituent entities of the Russian Federation and (or) municipalities in whose territories apartment buildings are located, recognized in the established order as unsafe and subject to demolition or reconstruction and included in regional targeted programs for the resettlement of citizens from emergency housing stock, the conditions for providing financial support at the expense of funds of the Foundation.

Article 2015. Regional targeted program for the resettlement of citizens from emergency housing stock recognized as such after January 1, 2021

1. The regional targeted program for the resettlement of citizens from emergency housing stock, recognized as such after January 1, 2017, is approved by the highest executive body of state power of the constituent entity of the Russian Federation.

2. The regional targeted program for the resettlement of citizens from dilapidated housing stock, specified in part 1 of this article, must contain a list of apartment buildings recognized in the prescribed manner after January 1, 2021 as unsafe and subject to demolition or reconstruction due to physical wear and tear during their operation , and also comply with the requirements provided for in Article 16 of this Federal Law, with the exception of the requirements of paragraph 1 of Part 2 and Part 21 of Article 16 of this Federal Law.”;

9) in article 231:

a) part 1 is supplemented with paragraph 6 as follows:

“6) violation of the conditions established by clause 13 of part 1 of article 14 of this Federal Law.”;

b) part 3 shall be supplemented with paragraph 8 as follows:

“8) Fund funds received by a constituent entity of the Russian Federation and used for the resettlement of citizens from apartment buildings previously located on land plots used in violation of paragraph 13 of part 1 of Article 14 of this Federal Law.”;

c) in part 5, replace the words “in paragraph 3” with the words “in paragraphs 3 and 6”;

d) in part 6, replace the words “in paragraph 3” with the words “in paragraphs 3 and 6”.

Features of emergency houses

In order for a residential building to be recognized as unsafe, it is necessary to confirm the danger to residents by the following indicators:

• Deformation or damage to any structural element of the building (load-bearing wall, balcony, ceiling), which leads to a decrease in the strength and reliability of the structure.
• Destruction of the foundation of a house or supporting structures due to long-term use.
• Biological damage to wooden structures that impairs the load-bearing capacity of the structure.
• The presence of damage that cannot be repaired by modern construction methods, caused by natural disasters or soil subsidence.
• The presence of serious damage caused by any man-made accident or fire, which led to the fact that restoration work is impossible or economically unjustified.
• The house is located in a dangerous area, with an increased likelihood of avalanches or flooding.

A decision on whether a house is unsafe is made within a month. The interdepartmental commission issues a conclusion, which may contain the following information:

• On the compliance of housing with operational requirements.
• About the need for major repairs or work aimed at redevelopment.
• About the impossibility of living in the building.

○ Advice from a lawyer:

✔ Can you count on relocation from dilapidated housing?

The status of dilapidated and dilapidated housing is currently the same, and the first concept is included in the second. However, in some regional acts you can find similar names for houses. Many citizens also understand dilapidated housing as a building that is subject to reconstruction rather than demolition.

Regarding such housing, Art. 32 of the Housing Code of the Russian Federation provides for temporary resettlement in connection with the seizure of the land plot on which the house is located for state and municipal needs. During repair and restoration work, citizens are provided with apartments from the so-called maneuverable fund on a free basis.

✔ What if you don’t agree to relocation?

Recognizing a house as unsafe involves the eviction of all residents, since living in it poses a threat to human life and health. Citizens who do not agree to resettlement can count on receiving compensation in monetary terms. If they refuse to voluntarily leave the apartment, they are subject to forced eviction with the provision of temporary housing from the regional or municipal fund.

Video

What is “emergency” housing, how does it differ from dilapidated housing? Who can determine for sure whether your home is in disrepair? Where to go and what documents to collect? This will be discussed in the program “Housing and Communal Services from A to Z” on the OTR channel.

Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal

Presnensky District Administration

Institution data

Dilapidated housing. Dilapidated condition of the building. Definition of the concept

The dilapidated condition of a building is a condition in which the structures, foundation (building as a whole), as a result of high physical wear and tear, no longer meet the specified operational requirements (“Methodological recommendations for protecting the rights of participants in the reconstruction of residential buildings of various forms of ownership” (approved by Order of the State Construction Committee of the Russian Federation dated November 10. 1998 N

The definition of the concept of “dilapidated condition of a building” is also contained in the Methodological manual for the maintenance and repair of housing stock MKD 2-04.2004 (approved by the State Construction Committee of Russia; not officially published).

In this manual, disrepair is defined as follows:

Dilapidated condition of a building is a condition in which the structure of the building and the building as a whole has wear and tear: for stone houses - over 70%, wooden houses with walls made of local materials, as well as attics - over 65%, the main load-bearing structures retain strength sufficient to ensure stability of the building, but the building no longer meets the specified operational requirements.

At the same time, the load-bearing structures of the building are building structures that form the building layout specified by the project, ensuring its spatial stability under calculated external influences.

Purpose of renovation

The program for the demolition of five-story buildings in Moscow implies the complete elimination of dilapidated housing in the capital, represented by numerous five-story buildings in all districts of the city.

The elimination of obsolete housing stock will be carried out until 2025 by relocating residents of five-story buildings to new houses specially built for these purposes. Old housing of citizens will be demolished.

In place of the demolished five-story buildings, new panel and monolithic houses will be built, meeting modern requirements in terms of comfort.

The demolition program will be implemented in stages:

1. Construction or purchase of new housing.
2. Relocation of residents of five-story buildings to this housing.
3. Demolition of empty dilapidated houses.
4. Construction of a new building.

To create comfortable living conditions for citizens in new places, the city authorities guarantee the creation of complete infrastructure in the areas: schools, kindergartens, clinics, parking lots, etc.