How much does it cost on average to demolish a house and clear the site?

New forms of notifications for the demolition of residential buildings have come into force

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Until the end of the year, owners of houses and summer cottages, as well as owners of buildings and structures, may receive official letters demanding their demolition or reconstruction, as required by approved standards. How are the authorities obliged to compensate for lost property?
Types and rules of development. Let us clarify right away that this, of course, will not affect everyone. And only those whose property falls within the boundaries of zones with special conditions for the use of territories (ZOUIT).

As the Federal Cadastral Chamber of Rosreestr clarified, such radical measures may affect owners of real estate that fell into zones established before August 4, 2020.

How are authorities obliged to compensate for lost property?

Firstly, before establishing a new special zone, the authorities must conduct all negotiations with the owners of the houses and compensate them for the lost property

What is a permit required for?

The legal specifics of our country, despite the presence of freedom of private property, provide for the protection of the rights of property owners, the public good, as well as the interests of persons for whom the future demolition of a building may result in embarrassment and inconvenience. Therefore, the legislator cannot allow anarchy and self-will in any case.

Permission will also be needed to take into account the interests of persons who may not agree with the destruction of the building, since this may infringe on their rights. For example, a neighbor whose barn or house adjoins the demolition site as a support will not like such a solution. During demolition, it is possible that neighbors' property or communications may be damaged.

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How to avoid falling for scammers

When and how should notification of the demolition or reconstruction of a house or non-residential building be received? To avoid running into scammers who can take advantage of the situation and start sending “chain letters” to those whose homes or buildings are not located near special zones, you should pay attention to the following points.

As Marina Semenova, deputy head of the Federal Cadastral Chamber, explains, the notification is sent by mail. Sending by email is also possible.

Within ten working days from this moment, a similar message must be posted on the official website of the state authority or local government that made the decision to establish the zone, as well as in other official sources, for example, on the pages of district newspapers.

And if an apartment building is subject to demolition or reconstruction, then a notice about this must be posted in publicly accessible places: notice boards or at all entrances.

If there are several real estate objects located on one plot of land within the boundaries of the zone, then a separate notification must be sent for each of them.

“Of course, it is also possible to deliver the notice in person against signature. It is necessary to convey information to property owners in all possible ways,” says Semenova.

Another important point: the received notification must contain information about the document that establishes a zone with special conditions for the use of territories, as well as information about the document that directly determines its regime, and provisions establishing prohibitions or restrictions on the presence of people and the placement of objects within the boundaries of such a zone.

In addition, the notice must contain information and justification for the need for demolition or reconstruction.

The document also requires information about the copyright holder of the object in connection with the location of which the zone is established, and about state or local government bodies obligated to compensate for losses associated with demolition and reconstruction.

If the notice is published through official channels of government and local government, as well as in publicly accessible places, it must be supplemented with a list of addresses of buildings that are subject to demolition or whose parameters need to be brought into compliance.

When is permission not required?

Not in all cases it is necessary to obtain permission to demolish a dilapidated house. Sometimes it is possible to reconstruct a building without contacting the administration (Clause 8, Article 55.30 of the Civil Code of the Russian Federation).

In what cases can you do without permission to demolish a house:

Demolition of a dilapidated building while preserving the foundation . A common situation: the owner destroys a dilapidated house and erects a new building in its place. It is quite acceptable to do without permission from the authorities. To do this, you can frame the process not as demolition, but as a “overhaul” or “reconstruction” of the house. True, the new area should not be larger than the old one. Exceeding the “squares” will have to be registered in the BTI.
Demolition of part of the house . It also does not require permission, but on the condition that the new rebuilt part will be similar in size.
There is no cadastral registration . It happens that a dilapidated house is not registered in the Rosreestr database. Instead of a demolition permit, you need to notify the BTI, and then issue a technical certificate when building a new house.

Objects recognized as an architectural monument, historical heritage and cultural value stand apart. They are under the protection and protection of the state. The demolition of dilapidated houses with historical value is prohibited by law (clause 13 of article 18 - Federal Law No. 73-FZ of June 25, 2002).

Example:

Brother Yuri and sister Olga received an inheritance from their grandmother. She bequeathed to them an old, dilapidated residential building with a total area of 120 square meters. meters. The windows were broken, there were gaps between the boards, the roof was leaky and needed repairs. The heirs assessed that there was no point in reconstructing the residential building. It’s easier to demolish it and build a new one in its place. Yuri and Olga turned to a local developer for advice. They were offered several options for constructing a new building, including a cottage of similar size while maintaining the current foundation. The developer’s representative advised us to frame the process as “reconstruction.” The brother and sister took out a mortgage, entered into an agreement with the company and began building a new house. Before this, the dilapidated building was demolished as uninhabitable. No permission from the municipality was required.

A private house. Reconstruction and its design

You have a private house. You decided to rebuild it. In order to avoid claims and fines, in accordance with the new regulatory documents, you need to correctly draw up the documents for the completed reconstruction. Without completing the documents, you will not be able to dispose of the building. What steps should I take?

-The first step in paperwork. Find documents for a land plot or order from the archives. For what? Find out the intended purpose of the land plot on which the house is built. This is to understand and decide on the location of the house and next steps.

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a) the house is built on land for individual housing construction (IHC) - will be considered as a residential building in a populated area.

b) built on land allocated for gardening.

c) the plot on which the house is located is not intended for the construction of a residential building.

-Next step. The cadastral engineer can order a technical plan for a house that has been reconstructed. Without this document, property registration is not possible in any manner. Neither within the framework of the dacha amnesty, nor without it.

-Action for houses on lands for individual housing construction. Here we act within the framework of the law, which came into force on March 1, 2019. Our actions will be of a notification nature. We send our notification to the local administration. Naturally, in this notification we indicate our personal data according to the passport of a citizen of the Russian Federation. Other documents must be attached to this notification:

a) a document confirming ownership of the land plot; b) a document prepared by a cadastral engineer - a boundary plan.

c) a previous document confirming ownership of the house;

d) urban planning plan of the land plot

Reconstruction work can begin only after notification of permission to begin the reconstruction process has been received. Reconstruction work may continue for 10 years from the date of receipt of the notification. The work must be carried out in compliance with all standards for individual housing construction.

Once the reconstruction work is completed, a notification must be sent to the local administration. Such notification is sent no later than one month after completion of the work. The following documents are attached to this notification:

A) new technical plan for the house. It will reflect the new parameters of the structure.

B) notification of permission for reconstruction work

C) and a document confirming payment of the state duty is required.

The administration will send your notification to Rosreestr about cadastral registration and registration of property rights, if it has no objections.

-Further action for those who have a house on land for gardening. Let’s take advantage of the amendments to the law on “dacha amnesty.” They came into force on 08/02/2019. They will be valid until 03/01/21. They are suitable for houses that are built on lands intended for gardening. We go to the MFC. We submit an application for property registration. We attach to the application a document on the ownership of the land plot, a technical plan and a financial document on payment of the state duty.

And the most difficult and unpredictable. Your house was built on a plot of land that is not intended for the construction of residential buildings. In this situation, we contact the local administration. The purpose of the appeal is to change the purpose of use of the land and the capital construction project on this site. There is little chance of getting a positive decision. If the decision is positive, we proceed according to one of two options - notification or dacha amnesty.

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Demolition for development purposes. Dialogues with the developer

If a land plot and the residential building located on it are confiscated for state or municipal needs, then the owner must be notified of the corresponding decision in writing no later than a year before the upcoming confiscation.
If the owner of the residential premises does not agree with the decision to repossess the residential premises or an agreement has not been reached with him on the redemption price of the residential premises or other conditions for its redemption, the authorized authority that made such a decision may file a claim in court for the redemption of the residential premises.

However, these provisions do not apply to the relationship of the owner with the developer to whom the land plot is leased for the construction of a residential building.

As a rule, a condition of such a lease agreement is that the developer organization independently resettles the residents of residential buildings located on the provided land plot.

Can they force you to sell?

If, when a land plot and residential premises are seized for municipal and state needs, the law provides for the possibility of forced purchase, then when a developer demolishes houses as part of the program for “regeneration of neighborhoods of dilapidated houses,” there is no such possibility.

This means that the owner has the right to offer the developer any, most incredible redemption price for his property - “if you want it, buy it, if you don’t like the price, leave.”

Sometimes you can hear the following opinion: they say that an owner who refuses to sell or inflates the redemption price for his home is abusing his right, thereby causing harm to the developer, which is unlawful.

Some even try to justify the possibility and right of the developer in this case to go to court with a claim to force the owner to enter into a purchase and sale agreement for residential premises (land). Such considerations are not based on rules of law.

However, if the developer cannot find a common language with the owners of residential premises (land), in particular, the proposed compensation does not suit the latter, the developer may take extreme measures.

Do you want a fire, a flood or a bulldozer? Possible methods

If we look at fire statistics, I think that houses catch fire more often in those neighborhoods where the land is “given” by the municipality to the developer for construction purposes. Land plots under such houses, as a rule, have not undergone the land surveying procedure and are not registered in the cadastral register, which means they are not the property of the citizens living in such a house.

As a rule, some part of the citizen-owners of residential premises, without particularly haggling, agrees to the developer’s conditions, enters into an exchange agreement and moves to a new place of residence. The other part of the citizens is more demanding, but the developer can also come to an agreement with them.

And there is, conditionally, a third “group” of residents who are not going to leave their “nest” at all, citing the fact that “I was born here, I will die here” or puts forward demands that the developer is not able to fulfill (for example, instead of a one-room apartment, provide three three-room apartments)... It is impossible to agree with the latter... And then, in a house with intractable residents, a fire may occur, its load-bearing structures may accidentally damage a bulldozer, the heating may break through in winter, etc. and, as a consequence of such events, the house may become unsafe. This means that living in such a house is life-threatening. Recognition of a house as unsafe and subject to demolition, according to Article 32 of the Housing Code of the Russian Federation, is the basis for presenting to the owners of the premises in the house a requirement for its demolition or reconstruction within a reasonable time. In case of failure to comply with this requirement, both the land plot and the specified house located on it are subject to seizure for municipal needs. After the house has acquired signs of disrepair, the developer is more confident in insisting on selling him the residential premises. After all, if the house is recognized as unsafe, then, at the request of the authorized government body, the owner will be evicted on the basis of a court decision, which will determine the size of the redemption price, which may be less than what the developer is offering today.

However, in fact, it is not profitable for the developer to wait for a decision to recognize the house as unsafe, which, moreover, can be appealed in court. In addition, in order to seize a site and a dilapidated house for municipal needs, the demand for demolition or reconstruction must first be presented to the owners.

And if such a requirement is not met, the authorized body makes a decision to confiscate residential premises and land. After this, the authorized authority will apply to the court with a claim for the purchase of the residential premises. All these “events”, including legal proceedings, can take quite a lot of time.

Meanwhile, a delay in the start of construction and, as a consequence, a violation of the deadlines for commissioning the facility will entail considerable losses for the developer. Therefore, there are cases in practice when a developer demolishes a house with unoccupied residents (while they are, say, at work).

After all, it is then easier to sue the owner, who demands compensation for the damage caused by the destruction of the residential premises, than to go through the thorny path of negotiations.

It is better when the site is owned. However, it should be noted that if a land plot under a multi-apartment residential building is formed, it has a cadastral number, i.e. is owned by the residents, the owners of the premises in such a house are in a more advantageous position than those who did not bother to register land rights.

Even in the event of the destruction of real estate located on the formed land plot, the developer does not have the right to begin construction until he buys it from the owners of the plot.

The owners of the plot, residents of, for example, a burnt house, have the right to demand a redemption price for the plot in an amount that will allow them to purchase other residential premises.

October 15, 2008 Alexander Otrokhov, lawyer, Legal

What documents are needed to formalize the demolition of a house?

If there is a need to formalize the demolition of a house, you must first contact the local administration and obtain permission for demolition. It is worth preparing the following documents:

application for permission;
passport;
document on ownership of the house and land;
land plot plan.

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After the administration has issued a permit, you can begin demolishing the house, observing all regulations and safety standards. All communications are turned off, the building is removed, after which all garbage is removed.

After the demolition of the house on the site and its cleaning is completed, it is necessary to contact the BTI (technical inventory bureau) to inspect the house and draw up a report. The drawn up act will be the basis for canceling the record of the existence of the house.

Then an application is submitted to the registration authority, namely Rosreestr, to make a record of the termination of the existence of the house. The following must be submitted along with the application:

technical certificate;
document on the creation of a house.

Who issues permission to demolish a private house?

Acceptance of applications and issuance of permits are the responsibility of the local administration. Usually there are internal regulations for such cases - where and who to contact?

Permits are issued by:

Department of Architecture;
department of municipal services;
department of urban planning control and issuance of permits.

These departments have a single area of responsibility. Those wishing to obtain a permit must contact one of the indicated offices depending on the locality. The deadline for submitting an application for a permit is no later than 7 days before the start of demolition of the house (Clause 9, Article 55.31 of the Civil Code of the Russian Federation).

If you don’t know who is involved in issuing permits, you can go to the “My Documents” MFC or the local administration to clarify this point. The service is also available on the State Services website (not in all regions).

A new house was built instead of an old one: how to decorate it?

After the demolition of an old house, the owners of the site often begin construction of a new residential building. However, before starting any work, a construction permit is obtained, issued by the local government, that is, the administration.

According to Article 48, Part 3 of the Town Planning Code of the Russian Federation, there is no need to prepare new design documentation if an individual housing construction project is being built, reconstructed or overhauled. That is, if a residential building is being built with no more than three floors and is intended for one family to live in, then the house can be built without a project or according to design documentation prepared by the developer himself.

The procedure for applying and preparing the necessary papers for issuing a building permit can be found in Art. 51 of the Town Planning Code of the Russian Federation.

Along with the application for a building permit, you must also provide the following to the local administration:

a document establishing the right to own a plot of land;
land plan;
plan diagram indicating the location of the individual housing construction facility.

Fee for issuing a permit in accordance with Art. 51 Part 15 of the Town Planning Code of the Russian Federation is not charged.

If a new one is built instead of an old house, then it must be registered with Rosreestr.

Law on resettlement during demolition for state needs - Legal assistance from a lawyer

It happens that this money is not enough to buy a new home because the house being demolished was small or dilapidated. Then the home owners are left homeless. In the second case, the process of searching for equivalent housing may take years, because it is difficult to find exactly the same housing in the same area and near the same structures, hospitals, schools.

For many months, or even years, you will have to live in temporary housing. The third case is ideal for those for whom the location of the structure is not so important. By dealing directly with the contractor, you can be sure that fraud with money and apartments is excluded.

Plus, the family will receive an additional payment if the new home turns out to be cheaper than the repossessed one - the amount can be spent on repairs and other improvements.

In accordance with the law, if the house in which the residential premises are located, occupied under a social tenancy agreement, is subject to demolition, citizens evicted from it by a state authority or local government body that decided to demolish such a house are provided with other comfortable residential premises under social tenancy agreements. hiring. For example, the resettlement fund of the city of Moscow provides the following standards for residential space during resettlement: – a family consisting only of spouses (i.e. 2 people) is provided with a comfortable one-room apartment with an area of 36-44 square meters. m; – a family of two unmarried people is provided with a two-room apartment, the area of which should be from 36 to 50 sq. m. m; – a family consisting of two spouses and one more tenant (third) is provided with a two-room apartment with an area of 54-62 sq. m.

Get compensation and benefits

Adult citizens can be registered at the appropriate address only after individual consideration of applications by representatives of the city government. There are currently no corresponding restrictions only for minors.

Resettlement programs often helped citizens improve their living conditions: increase the square footage as a result of resettlement or get housing of the same area, but more modern, and therefore more expensive. Some are trying to make money from this: deliberately buying Khrushchev-era apartment buildings for demolition and getting more expensive housing in return.

Practice shows that neighborhood reconstruction programs are now being implemented in such a way that residents are most often relocated to new buildings, but such a decision is not necessary.

Rules for resettlement during the demolition of a dilapidated house

Some courts satisfy claims for the forced relocation of owners of residential premises in apartment buildings subject to demolition to residential premises offered by local governments due to the equivalence and livability of the proposed housing.

The position of other courts is that the provision of another residential premises to the owner in exchange for unsuitable residential premises on the right of ownership is possible only if there is an agreement reached on this with the state authority or local government that made the decision to demolish the house. The Supreme Court of the Russian Federation adheres to precisely this position.

As for the eviction of citizens from residential premises provided under social tenancy agreements, this procedure is possible only through the courts.

Resettlement of residents during demolition of a residential building

Housing Code of the Russian Federation, it is necessary to take into account other circumstances indicating the equivalence or unequal significance of certain residential premises provided to specific persons.

At the same time, when citizens disagree with relocation, they often refer to the fact that the insufficient number of children’s educational institutions or medical institutions of a certain profile in the area of the proposed residence, the distance from the center of the settlement, places of education or work will lead to a deterioration in living conditions.

But when considering relevant cases in court, such arguments are not capable of influencing the resolution of the dispute in favor of citizens. V. Gorlanova, lawyer Journal “Housing Law”, N 4, April 2020, p. 79-90.

Improving living conditions when demolishing a house

In practice, there are cases when owners refuse to accept apartments specifically offered to them, citing defects in construction work or the inconvenient location of the new housing for them, although in principle they agree to exchange the living space they rent out for new comfortable housing. In this case, the body that made an offer to the owner to provide new housing can force the owner to vacate his home and move to a new one through a judicial procedure.

Important

But if the owner does not agree to exchange his living space for a new one, he must be paid monetary compensation in the amount of the market value of the seized living space. Practice shows that if the demolition is carried out by the municipality, eviction issues are resolved quickly by the court.

Therefore, it is worth carefully considering the proposed options.

Relocation during demolition: struggle for meters

1 Reasons for demolishing a residential building
2 The procedure for providing new housing to replace demolished housing
3 Cash compensation for house dismantling
4 What to do if housing is not privatized?

The country's housing stock is constantly being renewed, and therefore the demolition of a private house or city high-rise building is not uncommon. The procedure for eviction from a dilapidated building is the same for both apartment owners and citizens who received square meters under a social tenancy agreement.

Source: https://dipna5.ru/zakon-o-rasselenii-pri-snose-dlya-gosudarstvennyh-nuzhd/