Decree of the Government of the Russian Federation of January 28, 2006 N 47 Moscow On approval of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and many other

Signs of housing disrepair

Residential premises are classified as emergency and unsuitable for living under the following conditions:

• the supporting and enclosing structure is deformed or damaged;
• Part of the utilities (electricity, water supply) does not work or is missing;
• apartment ventilation that has become unusable mixes air flows from living rooms, kitchen and bathroom;
• Toxic substances were identified in the apartment;
• the temperature in the premises does not exceed 18 degrees;
• humidity exceeds 60%;
• living rooms are located in the basement or basement;
• there are no windows in the rooms;
• there is no insolation that meets the standards.

Is not unsuitable:

• low-rise building without hot water supply and sewerage systems;
• a building without an elevator above the fifth floor unless it is completely in use;
• an object with discrepancies in the planned and actual areas of residential premises.

Signs of emergency are not the same as grounds for declaring a residential building unfit for habitation. Before considering the algorithm for recognizing a house as unsafe or dilapidated, you need to check the Decree of the Government of the Russian Federation of January 28, 2006 No. 47.

Interdepartmental commission for recognizing housing as unsafe

Advice from lawyers:

1. How do you approve the decision of the interdepartmental commission on recognizing housing for suitability (an apartment building is recognized as unsafe) - a resolution or an order?

1.1. If we are talking about the commission specified in this act, then it is not approved by anyone, the conclusion is simply sent to the appropriate address to the state or municipal body. Approved by Decree of the Government of the Russian Federation of January 28, 2006 N 47 REGULATIONS ON THE RECOGNITION OF A PREMISES AS A RESIDENTIAL PREMISES, A RESIDENTIAL PREMISES UNSUITABLE FOR LIVING, AN APARTMENT HOUSE AS DAMAGED AND SUBJECT TO DEMOLITION OR RECONSTRUCTION, A GARDEN HOUSE AS A RESIDENTIAL HOUSE AND A RESIDENTIAL HOUSE WITH A GARDEN HOUSE.

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2. How do you approve the decision of the interdepartmental commission on recognizing housing for suitability (an apartment building is recognized as unsafe) - a resolution or an order?

2.1. Decree of the Government of the Russian Federation dated January 28, 2006 N 47 (as amended on November 29, 2019) “On approval of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation, an apartment building in disrepair and subject to demolition or reconstruction, a garden house as a residential building and a residential building as a garden home": 44. The procedure for assessing the compliance of a premises with the requirements established in these Regulations includes: ... drawing up an inspection report of the premises (if the commission decides on the need for an examination) and drawing up a conclusion by the commission based on the conclusions and recommendations specified in the report. At the same time, the commission’s decision regarding identifying the grounds for recognizing an apartment building as unsafe and subject to demolition or reconstruction can only be based on the results set out in the conclusion of a specialized organization conducting the survey; (as amended by Decree of the Government of the Russian Federation dated March 25, 2015 N 269) (see text in the previous edition) ... adoption by the relevant federal executive body, executive body of a constituent entity of the Russian Federation, local government body of a decision based on the results of the commission’s work; ... transferring one copy of the decision to the applicant and the owner of the residential premises (the third copy remains in the file formed by the commission).

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3. They invited me to work in the village and allocated an apartment on social rent. At that time there was no queue for housing in this locality. Everyone fled from there to the city, just like now. As soon as we submitted an application for the creation of an interdepartmental commission to recognize the house as unsafe, the village council decided through the court to evict us without providing other housing, allegedly violating Article 52.57. Is it worth fighting with the village council? Lived and registered in this village for more than 5 years.

3.1. — Hello, dear site visitor, if your housing is on social rent, no one will evict you from it without providing you with other housing. Good luck to you and all the best, with respect, lawyer Legostaeva A.V.

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4. I submitted a second application to the administration to recognize the housing as unsafe, attached the results of an independent construction examination, they immediately called back for the first time, only they sent a letter a month later about the refusal to hold an interdepartmental commission, and now they say on the phone that we can recognize your housing as unfit for habitation , but in return there is no housing since the house is individual and privatized in shares. What to do?

4.1. If the house is individual, then this is not a basis for refusing to register you as needing improved housing conditions. There is really no obligation to provide other housing in return, but they can register it on the basis of Articles 49-52 of the Housing Code of the Russian Federation.

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5. Can you tell me where in Crimea the interdepartmental commission for recognizing housing as unsafe is located?

5.1. Good afternoon You need to contact the local administration at the location of the property. Good luck and all the best, thank you for contacting us!

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6. Can you tell me where in Crimea the interdepartmental commission for recognizing housing as unsafe is located? Military housing.

6.1. Hello! On military housing - report on the command GOOD LUCK TO YOU.

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7. In 1992, we received an extract from the protocol of the housing committee on the opening of personal accounts for an apartment in the barracks. They are registered there. We are currently collecting a package of documents to recognize the apartment as unsafe. The Interdepartmental Commission on Housing insists that we sign a social rent agreement. We don't want to because apartment area 22 sq. Family of three. Is it possible not to conclude an agreement?

7.1. The Interdepartmental Commission on Housing insists that we sign a social rent agreement. We don't want to because apartment area 22 sq. Family of three. Is it possible not to conclude an agreement? - in case of refusal to conclude a social tenancy agreement. YOU ARE NOT ALLOWED HOUSING AT ALL if it is recognized as unsafe! You don’t have to sign a social lease agreement and you won’t get anything at all.

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8. What is the interdepartmental commission for recognizing housing as unsafe, where is it located, where to contact with such a question. Explain in detail.

8.1. The interdepartmental commission is appointed by the city administration. You can contact your administration and find out everything.

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9. Is it possible to submit only one application, without notarized copies of the cadastral passport, cadastral plan and technical passport, to the interdepartmental commission to recognize the apartment as unfit for habitation and inclusion in the program for relocation from dilapidated and dilapidated housing. The house was already declared unfit for habitation twice in 2001, and in 2011 the previous decision was canceled and the house was declared unfit for habitation and subject to reconstruction.

9.1. Can. Submit copies.

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10. Three days ago, an interdepartmental commission was assembled to recognize our apartment building as unsafe. Year of construction: 1928. As a result, we were finally recognized as unsafe, but so far we have learned this orally, because we are social tenants. hiring - municipalities. When should we receive written notification from the Department of Housing and Communal Services? households and within what time frame are we required to provide other housing?

10.1. It’s hard to say; there are no criteria for determining the period. You should be put on a waiting list for resettlement. Find out from the Administration at your place of residence.

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11. Is the decision of the interdepartmental commission for the assessment of residential premises to recognize a residential building as unsafe without inviting the homeowners legal?

11.1. Yes, because this commission makes decisions without the participation of the owners.

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12. The widow of a WWII participant was excluded from the List of applicants for a housing certificate due to the fact that there was no decision of the Interdepartmental Commission on knowledge of the residential building owned. But there is a conclusion from an Independent Expert Company that the house is recognized as unsafe and unsuitable for permanent residence. Territorial Department of Social Affairs The defense believes that this conclusion is not a basis for recognizing the widow as needy. The applicant was due to the fault of social services. workers.

12.1. You need to go to court with a complaint to appeal the decision to exclude those in need of improved housing conditions from the list. Or, as an option, submit an application to the administration for registration.

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Reasons to recognize a house as unfit for habitation

Rights of Residents
After housing is recognized as unsafe and subject to resettlement and demolition, residents have the right to receive in return similar housing, equivalent in size and amenities. Read about the provision of housing to replace emergency housing in the article https://realtyinfo.online/5125-usloviya-poryadok-pereseleniya-lyudei-iz-avariinogo-zhilya-v-year-godu.

According to paragraph 33 of the Regulations approved by the said resolution, recognition of housing as unfit for habitation is feasible if:

• the house cannot be restored after an explosion, fire, or natural disaster;
• the building is at risk of destruction in the event of a man-made accident, the probability of which is high due to the increasing frequency of natural disasters;
• the house is located in an area with a high risk of avalanches, mudflows, landslides, and floods;
• the foundation or structural elements of the building are deformed;
• the house is located next to a source of noise exceeding the permissible limit of 55 decibels;
• there is a power line or structure for transmitting alternating current close to the house;
• in a specially designated area next to the building, waste chutes are washed and cleaned;
• the house does not meet hygienic requirements and sanitary and epidemiological standards.

Housing with a degree of wear of at least 70% for stone houses or 65% for structures made of wood or local materials, as well as attics, is also considered unsuitable.

A building is considered subject to demolition if it is technically impossible or economically infeasible to solve the problem under the law on major repairs 271-FZ through major repairs or reconstruction.

Procedure: we seek recognition of the house as unsafe

Now let’s look at how to recognize a house as dilapidated or unsafe, step by step:

1. Draw up an application and submit it to the municipal authority;
2. Collect documents;
3. Order an examination to recognize a building as unsafe from an organization with a license to conduct it;
4. Take part in the work of the commission to recognize the house as unsafe;
5. At the end of the commission’s work, make a request to the municipality whether the house is recognized as subject to demolition or not.

Please note: if a residential building is an architectural monument, it will not be subject to demolition, no matter how unsuitable its condition may be. For an apartment owner who expects to get another housing, the procedure for recognizing a house as unsafe in this case is useless.

The law distinguishes between architectural monuments of federal, regional and local significance. To find out if your home is one of them, you need to make a written request to your local architecture department.

If it does, the maximum you will achieve is a conclusion about the need for repair or restoration of the building. Please note that the examination to recognize an architectural monument as unsafe is carried out only by an organization with a separate license and is more expensive.

Important: at the beginning of the process, try to agree with the owners of other apartments to share the costs of the examination. Residents of an apartment building also have the right to submit a collective application to recognize the building as unsafe.

Information about the Real Estate Commission of the Consumer Society of St. Petersburg and Leningrad Region

Home > Goals and objectives of the Real Estate Commission

our work

The Real Estate Commission of the Consumer Society of St. Petersburg and the Leningrad Region has been protecting the rights of buyers and homeowners for 14 years. The commission began its work in St. Petersburg in October 2006, as one of the sections of the Consumer Society of St. Petersburg and the Leningrad Region . Its goal is to protect the rights and interests of consumers in relations with participants in the real estate market.

The main goal of the real estate commission is to protect the legal rights and interests of consumers, both in the primary and secondary real estate markets.

Protection for violations of the rights of citizens in the field of shared-equity construction (protection of the rights of citizens in case of violation of the terms of the contract, failure to put a house into operation, transfer of ownership of an apartment, the presence of construction defects) Legal support of purchase and sale transactions (consultation before purchase, analysis of the draft contract)

Consulting on the privatization of apartments, rooms, land plots with buildings, as well as their exchange, resettlement, donation and inheritance.

Consulting on the activities of HOAs, housing cooperatives (meetings, voting, tariffs, change of board)

Reception of claims and consideration of complaints from real estate market consumers

Activities of the real estate commission

• development and implementation of programs to protect consumer rights;
• holding lectures, conferences, seminars, meetings and other educational events in the field of consumer protection in the real estate sector;
• annual organization and holding of the “Consumer Trust” competition with the aim of compiling a consumer rating of companies in the real estate market (developers, realtors, management companies, mortgage banks) that deserve consumer trust;
• providing recommendations and advice from specialists on legal issues of protecting consumer rights in accordance with the Law “On Protection of Consumer Rights”;
• conducting pre-trial claims cases in order to protect consumer rights;
• consumer protection in litigation;
• conducting and organizing an independent examination of the contract with the developer with the issuance of a written expert opinion;
• implementation of measures to improve the legal culture and literacy of the population regarding their rights in the field of real estate.

The Real Estate Commission of the Consumer Society of St. Petersburg and the Leningrad Region operates on a public basis .

The tasks of the Real Estate Commission also include transmitting information to the media about the most significant and widespread cases of violation of consumer rights in the field of housing construction, the secondary housing market, and housing and communal services.

The partners of the Real Estate Commission are specialized committees, self-regulatory organizations of real estate and construction market participants, control and supervisory bodies and specialized media.

Lawyers of the Real Estate Commission are
qualified specialists practicing in the field of law regulating the housing and communal services markets and shared-equity construction.
For work aimed at protecting the legitimate rights and interests of consumers in disputes between them and professional participants in the housing and communal services and shared construction market, Yuri Yuryevich Grudin of the Real Estate Commission, “Expert of the Year” award in the category “Public Initiatives” in 2012 , established by the authoritative regional business magazine “Expert North-West”.

Who checks the suitability of the house

Having registered an application, municipal authorities are obliged to transfer it to the permanent interdepartmental commission for recognizing housing as unsafe or to create a commission specifically to inspect your house.

The interdepartmental commission includes:

• representatives of regional and municipal authorities;
• design engineers;
• representatives of Rospotrebnadzor, sanitary-epidemiological, fire and other services;
• owners or tenants of housing.

It is recommended to join the commission or at least closely observe how officials recognize housing as dilapidated and unsafe in order to help them draw the right conclusions.

The period for consideration of the application does not exceed 30 days, and in special cases is reduced to 1 day.

What documents are required

Collecting numerous documents is the most difficult stage of the procedure for declaring housing unfit for habitation. Here is the standard list of papers:

• a notarized copy of the title document for the apartment or the social tenancy agreement;
• registration certificate of an apartment building from the BTI;
• expert opinion on the technical condition of housing;
• an act of inspection of the building by the property owner, performed over the last three years, indicating the types and volumes of repair work during this period;
• act of the housing inspection in the subject of the federation on the current condition of the house;
• other documents required by the municipality or interdepartmental commission.

The procedure for recognizing housing as unsafe and issues of relocation from such a house are covered in the following video

The procedure for submitting an application to recognize a house as unsafe

The procedure for recognizing housing as unsafe or dilapidated begins with the submission of an application to the interdepartmental commission. This is preceded by the collection of necessary documents. Before contacting the interdepartmental commission, you must collect the following papers:

• applicant's passport;
• technical passport for residential premises;
• title papers for the apartment. This is a document that records the fact that a citizen has received property rights, for example, a purchase and sale agreement, a certificate of acceptance of an inheritance;
• building plan from the Bureau of Technical Inventory;
• home inspection reports for the last three years, which reflect all the work performed;
• conclusion of a sanitary and epidemiological examination;
• conclusion of fire safety examination;
• conclusion on the technical condition of the building;
• housing inspection report on home inspections;
• statements from residents, which reflect the fact of non-compliance with living conditions;
• other documents.

More effective in this case would be the collective submission of applications from all owners in an apartment building. If any of the residents is unable to be present when submitting the application, you can attach complaints about the living conditions and technical condition of the building.

Owners of residential and non-residential premises in the building, as well as tenants of municipal apartments, can submit applications. Residents who live in the house on the basis of a residential lease agreement (rent) for a fee do not participate in the procedure and are not subject to relocation. In this case, applications must be submitted by the apartment owners - lessors.

An interdepartmental commission plays one of the leading roles in the procedure for recognizing a house as unsafe. In general the order looks like this:

• collecting the necessary documents and submitting an application and papers to the interdepartmental commission;
• consideration of the application by the commission and examination of the building;
• receiving a certificate based on the results of the examination. This document is drawn up in 3 copies, one of which is handed over to the applicant who initiated the procedure. All commission members put their signatures on the act. Otherwise, the act will not be valid;
• making a decision on the condition of the house by a commission. It is issued based on the results of consideration of the situation and the conclusions of the examination on the building’s compliance with sanitary and technical standards. The decision is made within two weeks after signing the act on the condition of the house;
• within five days after the decision is made, members of the commission must transmit information about the condition of the house to the administration of the locality;
• making a decision by the municipality on the relocation of owners. After relocation, the object is reconstructed or demolished.

Once the demolition decision is officially made, residents must enroll in a relocation program.