Is it possible to register in emergency housing: registration in an emergency house for demolition

What is emergency housing?

An emergency is considered to be something whose wear exceeds 70%. This should not be confused with dilapidated residential real estate - they have different degrees of wear and tear, and, accordingly, legal status.

People who are forced to live in emergency housing have the right to receive a new apartment from the state or a redemption price. Therefore, executive bodies monitor who registers their place of residence in such real estate properties, because all residents of such apartments should receive new apartments, and the larger the family, the larger the square footage in the new building or the amount of compensation should be.

Some people specifically buy or register a place of residence in a dilapidated building in order to later receive new housing for free. Hence the close supervision of the authorities over those who are registered in such houses.

What to do if you are prohibited from registering in an emergency home?

One of the pressing problems is the refusal of registration in emergency housing. The overwhelming majority of disputes are in this vein. However, such a refusal is not justified in any way, and with due regard to the case, it can be appealed.

How to defend the right to registration:

1. Submit a request to the “My Documents” office or the Department of Internal Affairs at the Ministry of Internal Affairs.
2. Request a refusal in writing - necessarily indicating the reason and referring to legislative acts.
3. File a claim to invalidate the officials’ refusal.
4. Submit the claim, a copy of the refusal and documents to the clerk of the city court.
5. Achieve a decision in your favor, and if refused, file a claim in higher courts: district, regional, regional, as well as the Supreme Court of the Russian Federation.

Local governments often refuse registration. Whether it is necessary to argue with them and appeal the decision depends on the situation. For example, with social housing, the owner, represented by the administration, decides a lot. If the apartment is privatized and its co-owners are not against a new tenant moving in, it’s worth the fight.

Registration in an emergency building for demolition is a real headache for citizens.
Especially if the house has already been included in the list for resettlement and the authorities refused. It is not always possible to resolve the issue on your own. People simply don't know what to do or take the wrong steps. Meanwhile, close relatives or children are left without registration... Consultation with a lawyer will point you in the right direction, help you decide on your legal position, and make reference to the legislation. A lawyer knows how best to solve the problem - call, write and address your questions. Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Author of the article

Maxim Privalov

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

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Can I register or not?

The law does not clearly prohibit the registration of citizens in dilapidated houses, but the privatization of such housing is prohibited.

However, some clarifications apply at the regional level. For example, in Moscow it is possible to register in emergency housing, but only to a limited circle of people. You can register spouses after registering the marriage or child of the owners.

Let us explain with an example: Ivanov owns a 2-room apartment in a building that is recognized as unsafe. He married citizen Petrova, and after the wedding he registered her in his apartment. After 2 years, the couple had a son, who was also registered in this apartment. Registration is legal, no one has the right to prohibit it.

The owner can also legally register in emergency housing. For example, a person bought an apartment in a building that is slated for demolition and registered there. No one has the right to prohibit this either.

Under what conditions is registration possible?

Emergency housing stock has a special status. This includes homes with a damage percentage of 70% or higher. The peculiarity of emergency buildings is the degree of wear and tear - the destruction of load-bearing walls, roofs, foundations and other elements. Living in such houses is problematic, but people are often forced to wait for a reaction from the authorities. If the house is subject to demolition, the residents are moved to new apartments or paid the redemption price. Good options, but what if registration is really necessary?

What does the law say?

The law does not contain provisions that prohibit registration in unsafe and dilapidated houses. Usually they are guided by Federal Law No. 5242-1 “On the Right of Citizens...” dated July 25, 1993, which establishes a list of cases for restrictions on emergency housing. But it doesn't say that registration is impossible . But it is said, for example, about a direct ban on the privatization of emergency housing stock.

At the same time, it is worth paying attention to the explanations from the Moscow government. They state that registration in apartments of a dilapidated building is allowed to a limited number of persons, namely those who are born into the family of owners or marry the owner of the apartment. Everyone else is usually checked by special commissions.

Features of registration

Meanwhile, situations may be different. The status of housing is also important - privatized or municipal apartments in a dilapidated building.

Let's highlight the main points:

1. If the housing is not recognized as emergency, there will be no difficulties with registration - in this case, the person acts according to the standard procedure.
2. If the house is recognized as unsafe, there is a 99% chance that the authorities will refuse registration.
3. Refusal of registration can be appealed in court.
4. In order to register in the apartment of citizen-owners, you need to obtain their consent. Registration of a municipal apartment will require not only the consent of the tenant and his family members, but also a request to the local administration (landlord).
5. The municipality will refuse registration if after it there will be less than 12 m² of living space in the apartment per person (Clause 1, Article 70 of the Housing Code of the Russian Federation).
6. Parents-owners have the right to register their child even in emergency housing. The law states that the place of residence of children is the place of residence of the mother or father (Article 20 of the Civil Code of the Russian Federation).
7. Registration of a newborn does not require the consent of the father if the baby lives with the mother - while the mother must give consent to register the newborn in the father’s apartment.

The overwhelming number of disputes arise in the case of registration in emergency housing. If the house is officially registered and is subject to resettlement and demolition, no official will give permission for new people to move in. Otherwise, the authorities would have to allocate new apartments to all residents, taking into account new arrivals - and the housing stock is limited. All you have to do is either come to terms with it or defend your rights through the courts.

Example:

Georgy was looking for housing in his hometown. Soon his cousin contacted him, who had just put up a 1-room apartment for sale. The catch was that the housing was in disrepair. However, according to the seller, the authorities have not yet had time to inspect the building and make a conclusion about its emergency status. Georgy had limited finances and did not want to take out a mortgage. At the same time, he knew that when the house was resettled, the owners would be given apartments in new buildings. He agreed to the purchase and sale. After the parties shook hands, Georgy went to the MFC and registered in a 1-room apartment. The owner could not be refused registration, even if the house was listed as unsafe. Since Georgy owns an apartment, that means he is registered at the address of his property.

Features of registration in emergency housing

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• If the house is not just recognized as unsafe, but has already been officially registered, there is a corresponding resolution, then it will not be possible to register a new person there. In any case, the administration will not give permission for this; you will have to defend your rights in court;
• parents who own emergency housing have the right to register their child in any case, even if the house is demolished in a few weeks;
• If the house is not officially recognized as unsafe, then problems with registration cannot arise at all - everything goes according to the standard procedure.

It is more difficult with a municipal apartment - here you will have to obtain permission from the administration for registration, even if we are talking about spouses or their common child. But formally they have no right to refuse. If this does happen, go to court.

What kind of housing is considered unsafe?

Housing is considered unsafe only if it is recognized as such based on the results of an inspection by an interdepartmental commission or other authorized body. If an apartment building or an ordinary building is simply in poor condition, but has not yet been inspected and there is no conclusion, it will not be considered unsafe.

The grounds for declaring housing unsuitable for habitation are specified in the Decree of the Government of the Russian Federation dated January 28, 2006 No. 47 “On approval of the Regulations...”:

1. Severe wear, destruction, deformation of structures, if there is a threat to safety when staying in such a room and the likelihood of collapse.
2. Exceeding permissible standards of radiation, electromagnetic or ionizing radiation, noise, vibration.
3. Complete or partial destruction of a building as a result of a man-made accident.
4. The location of the house where landslides, mudflows, and flooding are possible.

Note: a house is considered unsafe only if it cannot be repaired or repair is not feasible from an economic point of view. The accident status is confirmed by a conclusion, on the basis of which the owners are included in the resettlement program or are paid monetary compensation.

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Why can they refuse?

There are several reasons for refusing to register a place of residence in a dilapidated building:

• the house is included in the list to be demolished, and the residents are to be resettled;
• the owner does not have all the necessary documents for registration of a third party;
• there are fewer square meters per person than it should be by law - this is relevant for municipal housing;
• the social tenancy agreement is registered in the name of another person;
• an error in the application, registration documents were submitted incorrectly or in the wrong place.

Regardless of the reason for refusing registration, the administration must justify it in writing. And this may be a reason to go to court.

How to register a person if the house is declared unsafe?

Registration in an emergency home is carried out on a general basis. Both the owner and the tenant of the property can register in an apartment under a social tenancy agreement.

Procedure for registration:

1. Collection of documents.
2. Applying to the authorized body with a statement.
3. Obtaining owner consent.
4. Obtaining registration.

Important! The procedure does not differ depending on the type of registration (at the place of residence, at the place of stay). The only difference is the registration deadlines.

Collection of documents

List of documents for registration:

• passport of the owner of the residential premises;
• application for registration (at the place of residence or at the place of registration);
• written consent of the owner;
• fee payment receipt;
• extract from the Unified State Register of Real Estate;
• passport of the person to be registered.

Documents are provided in the form of originals. If there are several owners of the apartment, then each of them must be present in person or give a notarized power of attorney to the other owner of the share in the apartment.

Contacting the authorized body

Owner's consent

A prerequisite for registration is the consent of the owner. Consent is issued in the form of a written statement.

A sample application can be found at the MFC and the authorized body. The specialist will explain the rules for drawing up the document in advance.

Important! If there are several owners, then one fills out the consent, and the others sign the form.

The situation changes if a minor child of any person who is registered in the apartment is subject to registration. In accordance with the law, an official parent has the right to register his minor child at his actual place of residence without the consent of the owner.

Obtaining registration

The waiting period is up to 7 days. During this period, the citizen’s passport is confiscated. A new registration mark must be added to the document. After 7 days, you must go to the passport office or MFC and receive the document.

It may take longer to register your child. Especially if the situation is related to simultaneous discharge from the previous place of registration. Typically, the waiting period will be 10 days.

Procedure for registration in an emergency apartment

Every citizen can exercise his constitutional right to choose any place to live within the borders of the Russian Federation, except for legal restrictions. After a change of residence, a person must submit documents for registration within seven days

The registration procedure does not depend on the condition of the housing and consists of the following steps.

Stage 1. Preparation of necessary documents.

The applicant must provide the following documents to the registration authorities:

• identification document;
• application of the established form;
• the basis document for moving into a residential premises (social tenancy agreement, title documents);
• documents of title in case of registration in a privatized apartment or indicate their details in the application.

Stage 2. Registration of a person within three days from the date of submission of documents .

A prerequisite for registering a person is deregistration at the last address. Confirmation of deregistration is the departure address sheet confirming the person’s discharge.

To register unauthorized persons in an apartment under a social tenancy agreement, you additionally need official permission from the organization with which this agreement was signed.

Registration of minors at the place of registration of one of the parents occurs regardless of the type of housing.

Registration at the place of residence is mandatory for all categories of citizens. Failure to comply with this norm is an administrative offense.