How to recognize a house as emergency, where to go? home expertise

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

How to recognize a house as emergency? In what situation should citizens think about this, who to contact, what documents to collect? What are the consequences of declaring a house unsafe? What are the owners en titled to expect, and how to protect their rights?

General information

Housing stock, like other objects of the material world, tend to become obsolete and collapse. Despite the fact that the expiration date of housing is much longer than that of a car and any other thing, it still expires. What should people do in such a situation? You can’t sell an apartment or a house, no one wants to buy them in a similar state, and repair does not make sense. To this end, a program was developed to recognize houses as emergency or uninhabitable.

Regulations

Basic document - a resolution dated 2006-28-01, including requirements for residential premises of apartment buildings, a description of how to recognize a house as emergency.

The normative act reproduces the provisions of the Housing Code and other acts, in particular building codes.

Despite its fairly clear provisions, homeowners have togo through more than one instance to achieve your goal.

The regional authorities have the duty to introduce a program for recognizing houses as emergency. Based on applications from citizens, it includes objects whose owners must be resettled.

Programs are written on the basis of federal recommendations, and money for them is allocated more often from the federal budget. Undisbursed funds are refundable.

Court practice

Judicial practice plays its role, with its help, potential applicants can see how to recognize the house as emergency if it becomes necessary to file a lawsuit.

There is a review of the Supreme Court of the Russian Federation, which noted the main difficulties faced by judges and which are committed by participants in cases. Periodically, reviews are made by subject-level courts. Some cases fall under the practice reviews issued quarterly by the country's highest court.

Using the practice materials, you can find out to what extent a crack in the wall is considered serious.

Does ownership form matter

As you know, part of the housing stock continues to belong to the state, subjects, municipalities, despite the transfer of its main part to private hands.

In this regard, the question arises, what form of ownership of the houses is covered by the program? The position directly states - it does not matter. The difference is that the authorities independently monitor their own housing stock, and tenants are not formally required to seek demolition.at home.

Which houses are included in the program

The criteria for recognizing a house as dilapidated or dilapidated are related to the degree of destruction of the main structures and the degree of possible harm. Below we consider each of the criteria, all of which are set out in the decision discussed above:

• constructive elements of the house are in a clearly worn condition, which makes it unreliable for living, the proper degree of strength is lost;
• the house is located in an unfavorable environment (an atmosphere saturated with toxic substances, radioactive radiation);
• unfavorable sanitary situation that provokes the occurrence of diseases, it cannot be corrected and raised to the desired level;
• serious changes in the construction of the house - the destruction of the foundation, cracks in the walls, which especially affects stone, brick and wooden houses;
• the house was damaged by a natural or man-made disaster;
• building too close to power lines.

The objects are included in the resettlement program if there was a fire in the house and caused serious damage to it. The condition of the area (e.g. extremely high noise levels, regular disasters) is also taken into account.

What is not a reason

Home owners may ask to be relocated due to the lack of a number of benefits available in more modern facilities. For example, in an apartment building there is no hot water supply system, there is no garbage chute, etc. Such requests are not considered valid.

It can only be about destruction and danger to the he alth or life of people. The basis of the decision of the authorities to recognize an apartment building as emergency is the opinion of experts. Decisions are made based on their assessment. At the same time, the procedural norms that describe the process cannot be ignored.

It is important to note that defects serve as the basis for the demolition of the house and the relocation of residents, if they are not eliminated by a major overhaul (the same cracks in the wall), or if it is not financially feasible (it is easier to give people new housing).

Procedure for residents

First of all, it is necessary to convene a general meeting of the owners of the house and bring the issue up for discussion. If the majority agrees, then a person is selected who will represent people in government and in relations with other organizations. In particular, who will directly sign the contract with organizations conducting examinations.

How to recognize a house as emergency? What documents need to be collected?

Indicative list of documents

On the basis of what are apartment buildings recognized as emergency?

1. Copy of the minutes of the general meeting of residents.
2. Application with a request to recognize the house as emergency or dilapidated.
3. Statements, complaints, letters to the authorities on living conditions, acts, other documents confirming the words of the applicant.
4. Copies of documents confirming ownership (if for some reason registration of ownership is not made).
5. Conclusion of a specialized organization.
6. Conclusion of the design and survey organization on the compliance of the house with the requirements for living quarters.

A person directly submitting papers to the interdepartmental commission has the right to provide other papers and information. Regulations specifically stipulate no restrictions.

Home examination

It is advisable to do it before contacting the authorities in order to provide yourself with additional guarantees for making a legal decision. It is better to order a study in a non-governmental organization. But she must have a license or approval from the SRO. The authorities, of course, have the right to ignore the conclusions of third-party experts, but it will be much harder to do this if they are made before a negative decision on the application.

Who reviews the application

An interdepartmental commission is being formed as part of the local municipal administration. It includes officials from federal and regional departments. The body is headed by a chairman. All documents are submitted through the office of the administration.

Actions of the interdepartmental commission

Information collected directly by its members representing various government departments is attached to the audit materials.

In particular, they issue their opinion:

• fire authorities;
• bodies of the sanitary and epidemiological service;
• housing inspection of the region;
• representatives of the commission demand copies of acts of inspection of the house and materials on therepair work at the managing organization during the time during which complaints were received from citizens.

The opinion of the authority is necessary depending on the circumstances referred to by the applicants. If there was a fire in the house, documents from the Ministry of Emergency Situations are needed, if it comes to mold and fungus, papers are issued by the SES, etc.

The Commission has the right to involve other competent services and organizations to study the issue. Its members have the right to directly examine the house, make measurements, take samples. Their actions are recorded in the acts of surveys of premises. Examination of the house is carried out repeatedly.

Commission results

The legislation offers the following list of solutions:

• The fact that the building is uninhabitable is recognized.
• The statement about the recognition of the house as emergency is recognized as justified. The house is proposed to be included in the reconstruction program.
• The statement about the recognition of the house as emergency is recognized as justified. It is proposed to include it in the list of objects to be demolished.
• Decision on the absence of grounds to consider the house as emergency and subject to demolition or reconstruction.

The results of the work are documented in the conclusion, which is submitted to the head of administration. He issues an order to recognize the house as emergency and subject to demolition or other maintenance, depending on the conclusions of the commission.

The final document of the commission should exhaustively reflect the reasons why these and no other conclusions were made.

Commissionhas the right not to consider the application on the merits if it is impossible to obtain a technical passport and extracts from the register of rights, as well as the conclusions of supervisory authorities.

If the commission refused

Where to go to have the house recognized as emergency if the authorities have issued a refusal? The only way out is to go to court. No more than 3 months are given by law to appeal the decision of the head of administration.

What are the powers of the court? He has the right to recognize the refusal as illegal, to oblige to reconsider the application and the available materials, and also to point out the mistakes made during the work of the commission. The judge has no right to recognize the house as emergency or unsuitable for life in it. Only the administration, represented by its head, has the authority to do this.

In judicial practice, there were cases when it was possible to recognize the house as emergency after the court canceled the earlier decision of the administration. Sometimes it was necessary to sue several times before the necessary actions were taken by officials of the executive branch.

In closing

Recognizing a house as emergency is possible only by submitting an application and a package of documents to the interdepartmental commission. It is advisable to conduct an examination by ordering it from a specialized organization.

Legislative provisions offer a basic set of documents, indicating the right of the applicant and the commission to collect additional information.

A conclusion is issued, which then guides the head of the administration, recognizing the house as emergency and applying other measures in order to implementthis solution.