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In ___________ district court

Administrative plaintiff: ... (full name)
(place of residence or stay),
(Date and place of birth),
phone fax: …,
E-mail address: …

Representative of the administrative plaintiff: ...
(name or full name, information
about higher legal education
taking into account Art. , , , 57 CAS RF)

E-mail address: …

Administrative defendant: ... (name
interdepartmental commission,
appointed by the federal authority
executive power/
executive authority of a constituent entity of the Russian Federation/
local government)
address: ..., telephone: ..., fax: ...,
E-mail address: …

State duty: ... rubles

Administrative claim
on declaring illegal the conclusion of the interdepartmental commission
on the compliance of the premises with the requirements
to the residential premises and its suitability for habitation

The administrative plaintiff is the owner ( or: employer) residential premises in an apartment building at the address: ..., which is confirmed ...

"__"_______ ___ year as an administrative plaintiff in ... ( indicate the name of the federal executive body/executive body of a constituent entity of the Russian Federation/local government body) in connection with... ( the grounds for recognizing residential premises as unfit for habitation are provided for in paragraphs 33 - 41 of the Regulations on recognizing premises as residential premises, residential premises as unsuitable for living in and apartment building emergency and subject to demolition or reconstruction, approved by Decree of the Government of the Russian Federation of January 28, 2006 N 47) an Application was submitted to recognize the residential premises as unfit for habitation, which is confirmed ...

Attached to the application dated "__"_______ ___ were following documents, provided for in paragraph 45 of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction, approved by Government Resolution Russian Federation dated January 28, 2006 N 47: ......, which is confirmed ...

"__"________ ___ year by the interdepartmental commission appointed ... ( indicate the name of the federal executive body, executive body of a constituent entity of the Russian Federation, local government body, date, number of the decision on convening the commission) as a result of an assessment of the compliance of the specified premises with the established Regulations on recognizing the premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction, approved by Decree of the Government of the Russian Federation No. 47, a decision was made, issued in the form of a conclusion, on compliance premises requirements for residential premises and its suitability for habitation, indicating the following grounds: ________

The administrative plaintiff considers the Conclusion dated "__"_______ ___ year N ___ on the compliance of the premises with the requirements for residential premises and its suitability for habitation as illegal, since it contradicts paragraph ___ of the Regulations on the recognition of premises as residential premises, residential premises unsuitable for habitation and multi-apartment houses in disrepair and subject to demolition or reconstruction, approved by Decree of the Government of the Russian Federation of January 28, 2006 N 47, Art. __ Housing Code of the Russian Federation (and (or) indicate another regulatory legal act), and violates the rights and legitimate interests of the administrative plaintiff, namely: ..., which is confirmed ...

According to clause 52 of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction, approved by Decree of the Government of the Russian Federation of January 28, 2006 N 47, the conclusion provided for in clause 47 of the Regulations can be appealed by interested persons in court ok.

Based on the above and guided by clause 52 of the Regulations, Art. Art. 218 - 220 of the Code of Administrative Proceedings of the Russian Federation, I ask:

1. Declare illegal and cancel the conclusion of the administrative defendant dated "__"_______ ___ year N ___ on the compliance of the premises with the requirements for residential premises and its suitability for habitation.

2. Oblige the administrative defendant to recognize the residential premises located at the address: ... as the owner ( or: employer) which is an administrative plaintiff, unfit for residence on the basis of the Application dated "__"_______ ___ and the submitted documents.

3. Oblige the administrative defendant to reimburse the legal costs incurred by the administrative plaintiff, consisting of a state fee in the amount of ... rubles and costs associated with the consideration of the administrative case in the amount of ... rubles.

Applications:
1. Copy of the Certificate of state registration rights to residential premises ( or: Agreement social hiring from "__"_______ ___ year N __).
2. A copy of the Residential Premises Inspection Report dated "__"_______ ___ year N __.
3. A copy of the Application dated "__"_______ ___ year declaring the residential premises unfit for habitation.
4. Documents confirming the receipt of the Application of the administrative plaintiff dated "__"_______ ___ year.
5. Copies of documents attached to the Application of the administrative plaintiff dated "__"______ ___, and their inventory.
6. A copy of the Conclusion dated "__"_______ ___ year N ___ on the compliance of the premises with the requirements for residential premises and its suitability for habitation.
7. Documents confirming the illegality of the decision made.
8. Documents confirming the violation of the rights and legitimate interests of the administrative plaintiff.
9. Notices of delivery or other documents confirming the delivery of copies of the administrative document to other persons participating in the case statement of claim and the documents attached to it, which they do not have.

(Option: 9. Copies of the administrative statement of claim and documents attached to it to the persons participating in the case, which they do not have.)

10. Documents confirming the amount of legal costs incurred by the administrative plaintiff.
11. Document confirming payment of the state duty.
12. Power of attorney dated "__"_______ ___ year N ___ or other documents certifying the powers of the representative of the administrative plaintiff, a document confirming that the representative has a senior legal education (if the administrative claim is filed by a representative).
13. Other documents confirming the circumstances on which the administrative plaintiff bases his claims.

"__"_______ ___ Administrative plaintiff (representative): _____ / Signature ___________ / Full name

Recognition of housing as unsafe is a multi-stage procedure during which signs of dilapidation and disrepair of housing facilities are identified, legally significant decisions are made for the purpose of subsequent resettlement of such houses. To begin the process, it is necessary to establish signs that the house is unsuitable for citizens to live in.

The main signs of a house being in disrepair are related to its service life after construction or construction. overhaul. Such signs include:

1. Physical standard wear and tear of a building - calculated based on regulatory rules as a percentage of the condition of the structure at the time of construction.
2. The actual wear and tear of the building is determined during the inspection of the capital elements of the structure.

Signs of emergency conditions are the basis for the creation of an interdepartmental commission to inspect the facility. The commission is created on the initiative of local governments and includes representatives of the owner of a residential property, officials of state and municipal housing control bodies, as well as a number of other persons.

The conclusion of the interdepartmental commission allows you to record the signs of a house's disrepair in a legally significant document - the conclusion of the commission. This conclusion will be the basis for a decision by the local government to recognize the house as unsafe.

Recognition of housing as unsafe

Reform of the housing and communal services system is carried out simultaneously in several directions: major repairs apartment buildings, commissioning of housing for low-income citizens, recognition of housing as unsafe with subsequent resettlement of citizens.

The implementation of these activities is a priority area of ​​activity for the state. The deterioration of the state and municipal housing stock makes citizens increasingly ask the question - how to recognize housing as unsafe?

Establishing the legal fact of accidents allows citizens to count on receiving new housing that meets all the requirements and standards of improvement and habitability.

Grounds

If a building's standard wear and tear exceeds the established standard of 70-80%, it is almost inevitable that it will be considered unsafe. How to recognize housing as dilapidated or unsafe when physical deterioration According to the documents, is it within acceptable figures, although the actual condition of the housing poses a threat of its destruction?

Owners and tenants of residential premises have the right to apply to the authorized bodies to inspect the property to determine whether it is dilapidated or unsafe.

This statement will be the basis for the creation of a commission that will assess the actual condition of the housing for suitability for habitation.

The provision of municipal services for the consideration of complaints and applications from citizens establishes the obligation of the local government body to respond to each fact of such appeal. The illegal inaction of these bodies to recognize this fact can be appealed by citizens to the prosecutor's office or in court.

If the interdepartmental commission, during its inspection, establishes the existence of grounds for recognizing the house as unsafe, it is obliged to reflect this fact in the conclusion, indicating the possible consequences:

1. The house is subject to demolition and resettlement of citizens.
2. the house is subject to reconstruction in order to return it to its normal physical condition.

Regardless of these consequences, the local government body is obliged to make a decision to recognize the housing as unsafe after receiving the commission’s conclusion.

Deadlines

From the moment the local government authority receives the commission’s conclusion, a decision must be made within 30 days to recognize the house as unsafe. This period is established by law and entails a number of legally significant consequences:

1. The local administration is obliged to take measures to resettle citizens into new housing: draw up a priority list for resettlement, find funds to purchase apartments for resettlement, regulate controversial issues with the owners of apartments in a dilapidated building.
2. Residents of the house receive the right to demand their relocation from a house that is recognized as unsafe and subject to demolition or reconstruction.

If the local administration within 30 days has not made the indicated decision to recognize the property as unsafe, its inaction can be appealed in court at the suit of the residents of the dilapidated building or authorized supervisory authorities.

Procedure

The procedure for relocating citizens from a house recognized as unsafe depends on legal status residential premises located in this facility.

Tenants occupying apartments in official housing stock are required to provide new official or departmental housing. Relocation from these premises is carried out at the expense of the owner of the house or the local government body on whose territory the housing is located.

Tenants under open-ended social tenancy contracts are required to provide comfortable housing for relocation in accordance with established standards for the provision of residential premises that meet the requirements of livability and suitability for living.

Owners of apartments in a dilapidated building have several possible options:

1. They have the right to agree to move to an apartment offered by the local administration.
2. They have the right to refuse to receive such housing and demand payment of compensation for the market value of their apartments.
3. They have the right to appeal the amount of compensation for the market value of the apartment.

Regardless of the status of the occupied premises, citizens have the right to demand their relocation from a dilapidated building.

Where to go

To exercise their right to relocate housing, residents of a dilapidated building have the opportunity to contact the following authorities:

1. To the municipality - to create an interdepartmental commission to recognize the house as unsafe.
2. To the local administration - to include a dilapidated house in the resettlement program using funds from the Housing and Communal Services Reform Fund.
3. To the local administration - for relocation from a house officially recognized as unsafe.
4. To the prosecutor's office - to eliminate violations of the right to resettlement caused by illegal actions or inaction of officials.
5. To institutions of state control and supervision in the field of housing law - to protect the right to decent living conditions that meet the requirements of norms and regulations.
6. To the courts - to restore violated rights and forcibly provide housing for relocation from a dilapidated house.

To apply to each of these authorities, you must send an application accompanied by documents confirming the recognition of the fact that the building is in disrepair and the right to relocation.

Documentation

The main documents submitted by residents of a dilapidated building when protecting their rights include:

1. Title documents for residential premises - rental agreements, extracts from the Unified State Register of Legal Entities, technical documentation.
2. Documents confirming the unsuitability of housing for living - acts of inspection of living conditions, conclusion of an interdepartmental commission, technical documentation for a residential building.
3. Decisions of local authorities on the issue of recognizing housing as unsafe, or refusing to recognize this fact.

The first step in the process of relocation from a dilapidated house will be an application for recognition of the dilapidation and disrepair of the object, which is submitted with the aim of creating an interdepartmental commission.

Sample application

Applications for dilapidated housing are submitted by citizens living in legally in a house showing signs of disrepair. A sample application for recognizing a house as unsafe can be obtained from the local administration.

This application must be accompanied by documents confirming the right to legal residence in the specified house (lease agreement, certificate of ownership, etc.). In addition, documents are attached confirming the existence of grounds for recognizing the housing as unfit for habitation.

Providing new housing

Recognizing housing as unsafe and providing new housing is the responsibility of state and municipal authorities. The legal fact of recognizing that a house is in disrepair allows one not only to count on possible relocation to new housing, but also provides the right to demand forced resettlement through the court.

Living in housing that requires at least major repairs from housing and communal services can cost the life of the owner. A large number of people live in houses unsuitable for habitation. detailed information with guidance for action for residents of emergency housing stock is presented in Decree of the Government of the Russian Federation No. 47, dated January 28, 2006 (as amended on February 28, 2018).

This Resolution is fundamental in the approval process of an apartment building or individual house unsuitable for habitation. In all regions of the Russian Federation there is a huge amount of real estate in disrepair - 16 million m2. It is difficult to force local authorities to recognize the housing stock as dangerous for the population, but with due persistence and knowledge of the procedure, it is quite possible. We will discuss in this article how to recognize a house as unsafe and subject to demolition.

How to prove that a building is in unsatisfactory condition

An application containing a requirement to recognize the condition of a multi-storey residential building as unsafe is considered by an interdepartmental commission, which, based on complaints received from residents, conducts an examination to determine whether the condition of the property meets the requirements of Russian legislation. The procedure includes inspecting the house and checking a package of documents by representatives of services, which include:

• housing inspection;
• Rospotrebnadzor;
• local government administration;

Together with the application, a set of papers is collected, which includes:

• conclusion of a special organization about the emergency condition of the house;
• letters of complaint and other documents confirming citizens’ dissatisfaction with their living conditions;
• evidence of tenants' ownership of the occupied space.

Upon completion of the inspection, after 30 calendar days, the interdepartmental commission issues a decision regarding the requested house. The verdict can be positive or negative. If the claim is satisfied based on the results of the house inspection, a decision is made that satisfies one of three options:

• housing is recognized as emergency, subject to resettlement, and
  further demolition;
• the condition of the property is considered unsatisfactory, but the possibility of reconstruction is envisaged;
• The MKD points out that the documentary package is insufficiently complete and recognizes the need to further examine the building.

As a result of dissatisfaction among apartment owners with the accepted recognition of the status of a “non-dangerous apartment building not subject to demolition,” they will have to go to court to recognize the state of disrepair.

Sample application for recognition of a house as unsafe

A paper with a petition containing a request to consider the possibility of classifying a specific building as emergency and unfit for habitation is sent to government agency local government, which subsequently ensures the formation of MKD. The application is drawn up in any form; a sample for filling out and making adjustments is easy to find on the Internet.

The letter must contain an indication in whose name the application is being written and from whom. All details of the physical or legal entity, acting as a petitioner, including contacts for communication. The application must be submitted along with the following documents:

• notarized photocopies of certificates of ownership;
• technical passport of the requested building together with the floor plan;
• results of checking the condition of a residential building by a special organization.

The interdepartmental commission has the right to request the missing papers from the relevant authorities or challenge the interested party to resolve this issue.

Signs of emergency condition of a residential building

Housing is recognized as unsafe if the following reasons are confirmed:

• age-related deterioration, as a result of which the building becomes dangerous to life;
• proven dangerous influence environment, an example of which is exceeding sanitary environmental standards for the content of pollutants in the atmosphere, increasing the level of radiation or electromagnetic field, significantly exceeding the permissible level of noise or vibration exposure in residential premises;
• violation of the integrity of the building due to an explosion, domestic accident, fire or hazardous natural phenomena, which may lead to its collapse;
• instability of a building due to developed deformation damage to the integrity of structural components, the consequence of which is destruction load-bearing structures and the house itself;
• the residential building is located in an area where landslides, mudflows, and snow avalanches regularly occur, and annual flooding occurs, which cannot be eliminated by any methods;
• in cases where there is a serious risk of destruction due to man-made accidents.

In other situations, the interdepartmental commission may refuse to recognize the house as subject to resettlement due to unsatisfactory technical condition.

Grounds for refusal to assign emergency status

There are a number of situations in which a house is guaranteed to be denied the “emergency” designation:

• lack of a centralized sewerage system and hot water supply in a building whose height does not exceed two floors;
• lack of an elevator in a high-rise building, provided that floors above the fifth are not in use;
• unauthorized unauthorized redevelopment or expansion of the house.

Also, buildings that can be reconstructed using modern methods construction.

Recognizing a house as unsafe: procedure

The owners of the residential building draw up an application, which is submitted to the interdepartmental commission for consideration.

An expert group is being created that is capable of conducting an adequate engineering assessment of the technical condition of the house.

Upon completion of the inspection, the commission issues three copies of a report indicating the inspection was carried out. The acts also specify the status of the inspected structure (whether or not it is subject to demolition or reconstruction), which is determined by voting of the commission members.

The 1st copy of the act is handed over to the applicant, the 2nd copy must be sent to the local authority no later than five days from the date of the inspection, the 3rd copy remains with the commission.

Important! Within 30 calendar days, the local authority must make a decision to establish the status of a residential building - emergency, subject to demolition, reconstruction, fit for use.

If, based on the results of the survey, a verdict is made about the emergency condition of the building, then it is obligatory to vacate it from its occupants within two weeks by moving them to other apartments, after which the building should be demolished.

Nuances for owners of private houses

Sequence of actions for owners private property similar to the one above. However, attention should be paid to certain points:

• the owner of the house can be directly called to be involved in the work of the assessment commission as an expert who can comment in detail on the technical condition of the building;
• if upon consideration of the application a positive decision is received, then local authorities, in accordance with current legislation, must ensure redemption from the homeowner land plot or provide land of equal value in return.

You should know that the Supreme Court of Russia has established that the process of recognizing an apartment building or private residential building proceeds according to one scenario; the law of the Russian Federation does not provide for other expert procedures. Private housing should be recognized as suitable or not for living in the same manner as multi-storey housing.

After how many years is a house considered unsafe?

A residential building is recognized as unsafe and subject to demolition after conducting an inspection established by law and receiving a conclusion on approval of its status. The interdepartmental commission may assign housing the status of dilapidated housing stock that is not subject to resettlement. This category includes houses whose wear and tear percentage exceeds 65%.

Russian legislation establishes that in the event of an emergency building, local authorities are obliged to ensure the resettlement of its residents no later than 14 days from the date of approval of the building’s status. However, for dilapidated housing, no relocation of citizens is provided for, since it is assumed that, despite the general operational wear and tear, the supporting structures are in working condition, which does not expose the house to the risk of collapse.

It turns out that it is much more profitable for residents of houses to obtain a document confirming the danger of living in a particular building, since in this case local authorities are obliged to ensure that citizens move within a strictly defined period. In the case of dilapidated housing, the administration “washes its hands”, denying the fact that there are no legislative requirements for buildings that were built many years ago. This attitude of the authorities leads to the fact that people are forced to live in old, dilapidated buildings that do not have any amenities, but are recognized by officials as just dilapidated.

Moving to new housing

After receiving a notice that the building is unsuitable for habitation, tenants must change their place of residence within two weeks, established by law. It is assumed that this time is sufficient to change the place of permanent residence. Conditions for providing new housing for owners privatized apartments and people living on the basis of a social lease agreement differ.

In the second case, an appropriate living space is provided to replace the one being demolished, the area and amenities of which are not inferior in suitability to the previous one. A family applying for individual housing must be considered low-income, for which it needs to obtain an appropriate certificate. Another option is to contact the social security authorities in advance and make a document confirming the status of those in need.

Apartment owners who have undergone the privatization procedure need payment for the seized premises. The calculation should be made based on data on the market value of the apartment, taking into account losses associated with the seizure procedure. Another way is to get another housing to replace the existing one.

Conclusion

Housing can be recognized as unsafe based on the documents provided. Upon completion of the examination, the commission that conducted the inspection of the housing stock notifies the results and their consequences. In case of disagreement with the conclusions of the experts, the law allows the opportunity to complain to the court and demand an additional examination of the condition of the residential building.

Sample application to the interdepartmental commission

_____________________________________________________________________________

(name of specialized organization)

5. Applications, letters, complaints from citizens about unsatisfactory living conditions (at the discretion of the applicant)

_____________________________________________________________________________

6. Additional documents ________________________________________________________________

_____________________________________________________________________________

____________________ ___________________

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Since 2006, new rules have been in force according to which it is necessary to demolish unsafe houses. Emergency ones include noisy, dark and cold apartments and dilapidated buildings.

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How to recognize a house as dilapidated

The procedure for recognizing housing as dilapidated is necessary primarily for the resettlement of citizens.

Residents of the house must themselves submit an application for recognition of the home as dilapidated. Before submitting an application, the necessary examinations are made.

What is needed to recognize a house as dilapidated?

To recognize a home as dilapidated, it is necessary to submit a corresponding application on behalf of the residents of the house to a certain organization. Based on this document, a special commission is created that resolves such issues. As a rule, it includes housing and communal services workers, BTI specialists, designers, representatives executive bodies authorities, etc.

Then, you should contact the BTI to find out the degree of wear and tear and the residual value of the house, which are issued along with a copy of the technical passport.

After this, BTI workers prepare a house plan. The original will be given to you within a month from the date of submission of the application.

The owner of the home is obliged to provide reports for the last 3 years on the inspection of the house, which lists all types and volumes of work performed during this period of time.

A conclusion from the sanitary-epidemiological service is also required. You should contact the relevant services with an application for the issuance of a document. Similarly, obtain a decision from the state fire service authority.

In accordance with the law, residents of the house are required to provide letters about the unsatisfactory condition of the living space. You should pay attention to any leaks or damage and indicate this when submitting your application.

The design and survey organization issues a conclusion on technical condition houses based on the results of an inspection of load-bearing structures, indicating the category of unsuitability of the residential building.

The housing inspection of a constituent entity of the Russian Federation issues an act on the results of measures taken in relation to a residential building for state control of compliance with the provisions of the housing legislation of the Russian Federation on the use and safety of the housing stock and a conclusion on the sanitary and living condition of the residential building.

The commission has the right to demand other documents necessary to resolve the issue of recognizing the house as dilapidated housing.

If the applicant is a body authorized to conduct state control and supervision, a corresponding conclusion is submitted to the commission, after consideration of which, the commission invites the homeowner to present the specified documents.

By law, the commission makes a decision within 30 days. The house, which is considered dilapidated, will be included in the program for resettling people.

What is the procedure for recognizing housing as dilapidated?

In my opinion:

A tenant with documents for the apartment on the basis of which he lives (passport, social tenancy agreement, registration certificate) contact the department of construction, housing and communal services in your locality, where I assume you write a statement declaring your housing unfit for habitation, they send you a commission for inspection, which concludes that the housing is indeed dilapidated.

The administration, department, or housing department can advise you on the correct registration procedure. But with us it usually takes a long time and involves visits and correspondence from all levels of bureaucratic officials.

There are also some independent experts who can give an opinion on housing - this is in case the commission, for example, refuses to recognize the housing as unsuitable and you seek the opposite through the court.

The procedure for recognizing housing as dilapidated

Section: Housing Law | 1 comment

Over time, all buildings wear out. The higher the percentage of wear and tear, the more unsuitable the room is for living. What is the procedure for recognizing housing as dilapidated?

Since 2006, new rules have been in force according to which it is necessary to demolish unsafe houses.

Interdepartmental commission for recognizing housing as unsafe

Emergency ones include noisy, dark and cold apartments and dilapidated buildings.

To recognize housing as dilapidated it is necessary:

Houses with signs of physical deterioration of the entire building and structural parts, as well as buildings after accidents, fires, explosions. Housing is considered unsuitable if the winter humidity level exceeds 60%, the temperature is below 18 degrees and the ceilings are less than 2.5 meters. Such houses will not be demolished, but the department will be required to make major repairs.

Residents of dilapidated housing are resettled on the basis of: 33 m per single person, 18 m per family of two.

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