The term “dilapidated housing” was excluded from the bill on mechanisms for resettling emergency funds

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According to statistics, 15.6 million sq. m of the Russian housing stock are dilapidated and dilapidated houses. Most of such housing (up to 10 million) is concentrated in apartment buildings.

A problematic apartment or house forces the owner to look for a way out of the situation. And it exists: the country has a program for relocating citizens from unsuitable housing. But how is housing recognized as dilapidated, since this is a mandatory condition for participation in the program? Let's look at all the features below.

What is a dilapidated house? The concept of a dilapidated house or emergency housing

What is emergency housing? What is the difference between dilapidated housing and emergency housing?

No matter how the house crumbles, when contacting officials you need to appeal not with emotions, but with references to specific regulations.

If a private house or apartment in a high-rise creates maintenance problems and requires endless repairs, you should carefully study the following regulatory documents:

1. Housing Code, which allows the premises to be declared unfit for living (Article 32, Article 86).
2. Federal Law No. 185 “On the fund for promoting the reform of housing and communal services.”
3. Resolution No. 47 of January 28, 2006, containing the principles and regulations for the inspection of residential buildings, as well as the recognition of housing as unsafe or dilapidated.

Both statuses are not everyday expressions, but define the official state of the building.

Dilapidated housing is not yet a reason to get a new living space

The fact is that there is no threat of collapse of such a building. The condition requires deep reconstruction and large-scale repairs. But the administration is not obliged to resettle people in this situation.

A house is considered a dilapidated structure depending on the degree of structural deterioration.

Important. Dilapidated load-bearing structures are able to perform their functions to a limited extent only if security work is carried out or after their complete replacement or reconstruction.

Calculation of wear and tear and the actual condition of the building is carried out according to departmental construction standards: VSN 53-86 (Gosstroy order No. 446 of 1986). The document contains:

• tables with specific loss of functionality indicators for each building element;
• formulas for calculus;
• quantitative and qualitative indicators of structural wear;
• recommended recovery measures.

This is a complex matter that requires qualifications. Therefore, specialists/companies that are members of SROs have the right to conduct examinations of structures. We are interested in the general conditions for recognizing a house as dilapidated:

1. Dilapidation/wear of main structures is more than 70% for stone, brick buildings, fully prefabricated panels.
2. From 65% - for wooden buildings, attic structures.

Definition of concepts

Dilapidated is a living space that does not meet strength standards, is severely deformed over time, and also does not meet operating rules.
Methodological manual MKD 2-04.2004, which describes the procedure for maintaining and repairing housing stock, considers a space dilapidated if its wear exceeds 70% for a stone structure and 65% for wood and other local materials. Specified performance requirements are assessed without regard to strength and stability.

The breakdown of a house should be understood as a lack of safety for residents.

The main indicators of such buildings:

• deformation, damage and low level of strength of any structural element (foundation, load-bearing wall, ceiling, roof, balcony, etc.);
• destruction of the foundation of the structure;
• damage caused by subsidence, earthquake, heavy rain or other natural disaster, provided that its elimination cannot be done without violating building codes;
• an accident, fire or other serious destruction that makes restoration work impractical.

Criteria for classifying housing as emergency

There are several reasons. They relate to geographical, sanitary, hygienic and technological operating conditions. Let's turn to section III of the post. 47. According to the standards, the condition of the house and the living conditions in it are considered unsatisfactory in the following cases:

• location of real estate in areas prone to natural disasters (mudflows and snow slides, frequent floods with significant flooding, collapses of slopes and rocks, etc.);
• construction of a house in dangerous proximity to fire and explosive objects, in industrial areas;
• non-compliance with standards for noise and vibration levels, magnetic and ionizing radiation, emissions of harmful chemicals into the atmosphere. connections. For example, a house in the immediate vicinity of a power line or with windows facing a highway;
• microclimate of the premises and adjacent territory that does not meet SanPiNs;
• damage to structures and equipment from explosions, earthquakes, man-made accidents, ground movements;
• destruction of the building over time.

Housing with obsolete structures or deficiencies caused by engineering/architectural features is not considered unsafe:

• one- and two-story residential buildings without hot water supply and sewerage systems;
• lack of garbage chutes and elevators in buildings above 5 floors. At the same time, the structure was recognized as being of limited serviceability and not subject to restoration or major repairs.

Dilapidated, unsafe, unfit for habitation: what's the difference?

Dilapidated, emergency, unsuitable housing: is there a difference in these concepts? Who determines the condition of the house, and when can you qualify for relocation? We are looking for the answer together with Knowrealty.ru

What are you complaining about?

Is the roof leaking? Has the ceiling fallen? Is the basement flooded? Is the plaster cracked or the whole wall? It is a rare Russian mass-produced house that can boast of perfect health. And yet, not every problematic housing is emergency. The Housing Code offers several diagnoses for problem houses.

Emergency house. AnaHel / (CC BY-SA 3.0)

Let's start with the fact that in legal documents there is no legal explanation for the concepts of “dilapidated” and “emergency”. The law of the Russian Federation recognizes the formulation “housing unfit for habitation”. This is what people call an emergency. According to the relevant Government Decree, housing is considered unsafe and subject to demolition or reconstruction if:

— The building is beyond repair;

— Living in the building is dangerous for people’s lives;

— The condition of the premises does not allow compliance with SanPin standards;

— The building is located in areas where sanitary and epidemiological safety indicators are exceeded in terms of physical factors (noise, vibration, electromagnetic and ionizing radiation), concentrations of chemical and biological substances in the atmospheric air and soil;

— The building is located in an emergency zone.

At the same time, there is no reason for resettlement if a one- or two-story house does not have a sewer system, and a house with more than 5 floors has an elevator and a garbage chute.

What about "decrepit"?

The definition of “dilapidated” can be considered colloquial, since it is most often found in training manuals. For example, in the “Methodological manual for the maintenance and repair of housing stock. MDK 2-04.2004". According to this benefit, the dilapidated condition of the building —

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 the stability of the building, however the building no longer meets the specified operational requirements.

The dilapidated house of Müller-Stahl in the town of Sovetsk, Kaliningrad region. Boev M.V. / (CC BY-SA 3.0)

In other words, a dilapidated building is something that is still standing, but a dilapidated building is about to collapse.

There is another document regulating the problem of dilapidated housing - “Criteria and conditions from the State Construction Committee of Russia”. According to them, unsuitable for habitation include:

a) residential buildings in disrepair;

b) dilapidated residential buildings;

c) residential buildings located within sanitary protection, fire and explosion hazardous zones of industrial enterprises, transport, utility networks and other areas with special conditions prohibited for development;

d) residential buildings located in hazardous areas of rock dumps of coal, shale mines and processing plants; in areas of landslides, mudflows and snow avalanches; in areas annually inundated by flood waters;

e) residential buildings located in places of environmental distress (if disturbances in the natural balance of the area or territory are detected or deterioration of geological, morphological, physical and other soil indicators);

f) residential buildings in which it is impossible to provide residents with public services that meet the quality requirements of regulations and standards, sanitary rules and regulations and the terms of the contract, and organize the technical operation of the residential building.

Who determines?

Only a special interdepartmental commission can recognize a house as suitable or unsuitable for habitation. But it all starts with the residents. If you think that the living conditions are unsuitable, write a statement to the administration. After this, a commission is organized that carries out an examination and studies the condition of the entire house, and not just your apartment. Keep in mind, the process is long and can take from a month to several years.

Khrushchev building for demolition.Sidik iz PTU / (CC BY-SA 3.0)

Experienced people claim that the authorities are extremely reluctant to declare a house unsafe, since after this they are obliged to resettle the residents into new apartments. And not just resettlement, but with living conditions better than before. Therefore, most often the matter ends with the repair of the problem area: the roof, walls or basement and a certificate that the house can be lived in.

Residents also have the right to conduct an independent examination. At your own expense, of course. The price for such services in Moscow is from 30 thousand rubles. An independent examination will be useful if residents decide to challenge the decision of the interdepartmental commission in court.

Maria Solovyova

How to officially recognize housing as unsatisfactory?

By what criteria can housing be classified as unsafe?

An examination of the building and its premises by an interdepartmental commission will be required (Article 15 of the Housing Code of the Russian Federation). This is not a one-day procedure, since several actions are carried out:

1. Instrumental control.
2. Laboratory research.
3. Design, survey and specialized examinations.
4. Data analysis with commission verdict.

The result of the work of state representatives is an act of the established form. The document reflects:

• the current state of the object, its engineering and structural elements;
• characteristics of the adjacent territory;
• details of deviations from standards identified during the research: instrument readings, instrumental measurements;
• assessment of expert results: whether safe operation of the building or its reconstruction/repair is possible, whether relocation of residents is required.

The results of the examinations are prepared in writing by specialists and attached to the report.

From a complaint to receiving the keys to a new apartment: actions of the owners

The persistence of applicants for resettlement must go “hand in hand” with a clear algorithm of actions. To do this, let us turn to Section IV of the government decree:

• the owner sends an application and a package of documentation to the administration of the “register” of the building;
• responsible persons are determined with additional papers and stages of home inspection;
• the municipality creates an interdepartmental commission and attracts experts to the work;
• a set of measures is being carried out to assess the building, design and survey work. If the building is multi-apartment, each apartment is inspected. After completing the practical part, a report is drawn up.

The results of the inspection with proposals for relocation or reconstruction of the house are communicated to the applicant, local authorities, and interested supervisory authorities. All information must be sent to the recipients by official written communication.

Important. The homeowner has the right to participate in the inspection of the house in an advisory capacity.

What documents must the owner prepare?

Who recognizes the house as unsafe?

An application supported by a package of documents is sent to the housing commission of the municipality:

1. Notarized copies of the grounds for ownership/ownership.
2. Technical passport of the apartment, cadastral plan of the premises.
3. Previously submitted applications with responses from officials, results of surveys.
4. Certificates and extracts that facilitate an objective consideration of the issue on its merits.

After receiving the application, officials are required to create an interdepartmental commission within a month.

Actions to qualify for resettlement

Understanding the difference between dilapidated and emergency housing, you can take measures to recognize the building as emergency.

If the conditions for safe living are not met, residents must write a statement declaring the house unsafe and send it to the district administration.

Additionally, the following documents must be submitted:

• Complaints about the unsuitability of housing from the owners of any apartments.
• Technical data sheets and layouts of residential premises.
• Documents certifying the right to residential premises from each owner, certified by a notary.

The procedure itself is regulated by a special government decree. Recognition for resettlement or demolition is carried out by a special interdepartmental commission. It is created no later than a month after the application is received by the civil service. It may include a representative from the people living in the building, which is in a dilapidated condition, but he will only have an advisory vote. If the commission made a decision that is unsatisfactory to the residents, an independent construction and technical examination must be ordered. It will allow you to challenge in court the decision of the interdepartmental commission on the demolition of emergency and dilapidated housing.

The commission will consider the following main criteria:

• The condition of load-bearing and enclosing structures, namely the presence of all kinds of destruction and damage in them;
• Slopes and strength of staircases;
• Condition of engineering systems and compliance of conditions with sanitary and epidemiological requirements;
• The condition of the external walls, in terms of providing them with adequate thermal insulation;
• Protection of housing from the penetration of external negative natural influences;
• Availability of an elevator in buildings with a height of more than 5 floors.

Criteria for recognizing housing in disrepair

The most common and compelling reasons for transferring an object to the emergency category is the loss of adequate strength of supporting structures. This may occur due to deformation, damage or obsolescence of the foundation, walls or partitions with columns. In addition, a dilapidated house may have serious violations in the technical condition of the roof, balcony or foundation - these factors are also sufficient for the resettlement of residents.

It is important to note that the reasons for the non-compliance of the technical condition of the house with the requirements for its further operation may be different. In particular, we can highlight the consequences of improper reconstruction or repair, natural disasters in the form of an earthquake or fire, etc. At the same time, repairs in a dilapidated house for the purpose of restoration, as a rule, are not carried out due to economic infeasibility.

Criteria for declaring an object unsuitable for habitation

It is not always the technical condition of a building that is the main argument for recognizing an accident. Unsuitable conditions for habitation can be determined based on the location of the object and its communication support. In the first case, an emergency situation at home may be caused by its very location near the danger zone. For example, when there is a risk of an avalanche, explosions or other disasters. As for communication support, we may be talking about the impossibility of providing services for the supply of electricity or water.

The reason for moving is often unsatisfactory environmental conditions. But in this case, an official survey of the area for the concentration of harmful substances is required. The situation becomes more complicated if the damaged ecology is complemented by poor-quality maintenance of dilapidated houses, expressed by the lack of sewerage, garbage chutes and heating systems.

Who should recognize the house as unsafe?

This issue is usually resolved by city or district interdepartmental commissions. And here it should be noted that for such bodies, most often the main factor in the accident rate is not the level of wear of structures, but the risk of collapse of load-bearing walls, ceilings or foundations. If there is such a threat, then you can count on the house being declared unsafe. An object is often recognized as subject to reconstruction if there are grounds to consider the prospect of its further restoration and subsequent operation.

A special place in this context should be occupied by major repairs, but, as practice shows, local authorities only in rare cases allocate money from this reserve to the restoration of houses in deplorable condition. The situation is aggravated by the fact that the resettlement of residents is carried out with a delay. As a result, the dilapidated house does not undergo proper reconstruction, but people are not resettled.

How to challenge the commission's decision?

Let's face it: residents face a difficult task. You will have to run around the bureaucratic offices and personally study the regulatory framework of the issue.

Sometimes they initiate legal proceedings, since by hook or by crook the administration seeks to save its budget.

Important. Disputes arising with resettlement are resolved by the district court.

Judicial practice shows that the parties mainly dispute:

• inaction of the municipality after the applicants’ appeal;
• decisions of interdepartmental commissions regarding recognition of real estate as emergency, proposed measures;
• extended resettlement periods;
• unequal replacement or underestimation of the actual cost of housing when issuing compensation.

Resettlement program

What does the emergency housing resettlement program offer?

Replacement of outdated housing stock is carried out comprehensively. For these purposes, the state program “Housing” has been in effect since 2002:

• funds are included in the federal budget and sent to the regions;
• Local conditions have been developed under which citizens can count on improved living conditions.

The state program was extended in 2010 and 2014, and on September 31, 2021, activities at the federal level will be completed.

The constituent entities have prepared their own measures to resettle citizens from emergency premises. It is clear that conditions vary depending on the capabilities of the territory. But we can highlight some general provisions:

• In exchange for the lost apartment, a person receives a room of equal size and number of rooms.
• even from poorly equipped dwellings, resettlement occurs only in modern apartments that meet the requirements of energy efficiency, comfort and safety;
• if the displaced person used the living space under a social tenancy agreement, a new apartment is provided on the same terms;
• the allocated housing must be located within the same administrative district as the old house;
• after a verdict on demolition of the building is made, resettlement must occur within 1 year. All moving costs are borne by the municipality. But no one will allow the owner to abuse this right either: transport for transporting property is allocated once.

If living in a house is not possible, you need to find out about the specific conditions for resettlement from the municipal administration.

You can count on compensation for the estimated cost of housing, the provision of equivalent premises, and the execution of a social tenancy agreement. The option is selected depending on the characteristics of the old housing, the preferences of the owner and the conditions of the regional program.

You can learn how to recognize a house as dilapidated (emergency) by watching the video:

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Discussion: 6 comments

1. Lera says:
   02/04/2018 at 00:40

   It’s better to have a private house, then all the problems of home repairs will be on your shoulders, and this is still better than going and trying for years to move from a dilapidated house to a normal home.

   Answer

2. Lara says:

   02/05/2018 at 01:11

   It’s really very difficult to get a new apartment in a dilapidated house, that’s why our houses where people live are falling apart, this is not because they are very stupid and cannot defend their rights, but because they are not allocated housing.

   Answer

3. Liza says:

   02/22/2018 at 00:31

   Audio and video recording is, of course, good, but it’s not always effective; in order to achieve something, you probably just need to get bored, so that you are allocated housing so that you just fall behind.

   Answer

4. 5master5 says:

   04/13/2019 at 06:41

   Lera, it’s not at all better to have a private house. It constantly requires investments for repairs and maintenance from the family budget. You will never receive help from the state. And for the rest of your life you will be forced to invest money in it, unlike those living in an apartment building.

   Answer

   Read also:  Choosing resale housing correctly and profitably
5. Nikolay says:

   06/23/2019 at 09:37

   A dilapidated house can definitely be considered unsafe and unsuitable for habitation. But people living in a private house do not face such happiness. At best, they may be offered to sell it and buy a room in a small family.

   Answer

6. Olga says:

   02.11.2019 at 16:42

   I came across this problem. My grandparents lived in a dilapidated house and took them in because no one provided them with anything. Therefore, I consider this problem only the problem of the owner. Probably, it is necessary to sell such housing in advance, before it reaches 100 years.

   Answer