Home Generator Relocation of five-story buildings: how communal apartments will be resettled during the demolition of five-story buildings. Relocation of five-story buildings. Rights and responsibilities of residents of demolished houses Procedure for providing housing during the demolition of five-story buildings

Relocation of five-story buildings: how communal apartments will be resettled during the demolition of five-story buildings. Relocation of five-story buildings. Rights and responsibilities of residents of demolished houses Procedure for providing housing during the demolition of five-story buildings

Since 1998, Moscow has had a program for the demolition of five-story buildings of the first period of industrial housing construction. It included houses of the demolished series, built between 1957 and 1968. By the time the program was completed, it turned out that among the houses of the unbearable series built in the same period, there was a lot of dilapidated housing - the houses were designed to be used for 25–50 years, these terms had already expired or will expire in the coming years.

In order to prevent such housing from becoming unsafe and unsuitable for life, a renovation program was developed: over 15 years it is planned to demolish more than 5 thousand houses, and in their place to build modern comfortable housing, the service life of which, with proper maintenance and timely repairs, will be more than 100 years.

In addition, the renovation program includes the construction of social infrastructure facilities in those areas where old houses are demolished and new ones are built: schools, kindergartens, clinics and leisure facilities, as well as the development of a transport network. It is planned to improve the city according to modern standards: landscaping, creation of parks, bicycle paths, sports grounds. It is also planned to build additional parking spaces in the new neighborhoods.

2. Which houses are on the demolition list?

Having studied the technical condition of the houses, consulted with local government deputies and house elders, and conducted telephone surveys of residents, the Moscow Government in 2017 compiled a list of houses candidates for demolition.

It included mostly dilapidated five-story apartment buildings of the first period of industrial housing construction, built according to standard designs using standard walls and ceilings, as well as houses built before 1957, but having similar characteristics with houses of the first period of industrial housing construction, and some nine-story buildings.

Solid, comfortable five-story buildings in satisfactory condition were not included in the list. The problems of such houses are now being solved within the framework of the program.

Then the list proposed by the Moscow Government was submitted to Voting was carried out among apartment owners and tenants. You could vote online in the “Active Citizen” project, as well as in person at the “My Documents” centers. In addition, residents could hold a general meeting of owners and decide whether to include the house in the renovation program or to withdraw from the program.

If a general meeting of owners was held, votes left in the “Active Citizen” system and in the “My Documents” centers were not taken into account.

If there was one owner or tenant in an apartment, his vote determined the opinion of all residents of this apartment. If an apartment had two or more owners or tenants, each of them could take part in the vote - the voting results for such an apartment were determined by a simple majority of votes. In case of equality of votes, it was considered that the residents of the apartment did not express their opinion - their votes were not taken into account when summing up the voting results for the house as a whole.

An apartment building was included in the draft renovation program in cases where the number of apartments that voted in favor exceeded 2/3 of the total number of apartments in the building (with the exception of apartments whose residents’ opinions were equally divided and therefore were not taken into account when summing up the voting results).

Participation in voting by all owners or tenants of a particular apartment was not mandatory. When summing up the results, only the opinions of those who took part in the vote were taken into account. If none of the apartment owners voted, the vote of this “silent” apartment was taken into account in proportion to the votes of the apartments that voted.

">voting of the residents of these houses. It was held from May 15 to June 15, 2017. During this period, you could vote for or against the demolition of the house, and also, based on the decision of the general meeting of owners, propose to include your house in.

It is currently not possible to include a house in the program. But it's still possible.

3. Where are the residents of demolished houses resettled?

Residents of demolished houses - owners (regardless of registration at the place of residence) and tenants under a social tenancy agreement - are resettled free of charge into new houses. They are guaranteed the provision of new apartments in the same area, including areas of the Central Administrative District (in Zelenograd and TiNAO - within the administrative district).

Moreover, due to wave relocation, in most cases apartments are provided as close as possible to the place of previous residence.

Starter houses are being built in the same areas where five-story buildings intended for resettlement and demolition are located. You can find them on the renovation page.

4. What kind of houses are being built as part of the renovation program?

Basic requirements for houses built as part of the renovation program:

  • houses must be built from modern materials (monolith or new generation panels), according to modern designs - with elevators and spacious entrances;
  • the difference between the level of the entrance to the entrance and the floor level of the entrance lobby should be minimal, and the floor level of the lobby and elevator halls should be the same, so that a disabled person or a mother with a stroller can freely enter the house and climb to any floor;
  • balconies and loggias must be glazed, special baskets must be provided for air conditioners;
  • Entrances to the residential part of the house should be located primarily from the yard, and to public premises - from the street;
  • The ceilings in new apartments should be higher, and the sound insulation should be much better than in five-story panel buildings.

5. What apartments are provided as part of the renovation program?

As part of the renovation program, we provide An equivalent apartment is a new apartment, which in terms of its consumer characteristics (area, number of rooms, area) is the same as the old one (or better than the old one).

">equivalent apartments: the number of rooms in them is no less than in the old apartment, and the total area is even larger, primarily due to more spacious common areas (kitchens, hallways, corridors, bathrooms, toilets). Pay extra for an increase no space needed.

Participants in the renovation program are guaranteed apartments with a clean comfort class finish that does not require additional repair work. All necessary plumbing fixtures must be installed in them: bath, toilet, sink, heated towel rail; In the kitchen there is a stove and a sink. If there are any repair deficiencies in the apartment, you can report them to the office - its employees will help you resolve this issue. There is no need to pay to correct deficiencies.

Apartments are provided as property. Tenants of apartments in five-story buildings under social tenancy agreements, at their request, can also be given a new apartment on the basis of a social tenancy agreement.

6. We are waiting in line to improve our living conditions. Will this circumstance be taken into account?

Yes. As part of the renovation program, those on the waiting list can receive new apartments without a queue while simultaneously improving their living conditions according to the standards for the provision of living space depending on the composition of the family. No two moves will be required. They are removed from the housing register after receiving housing.

But you can also get an equivalent apartment or - if necessary - equivalent housing or monetary compensation. In this case, those on the waiting list retain their right to be registered.

7. Is it possible, for an additional fee, to purchase an apartment with more rooms and a larger area than the one that will be provided for free?

Yes, the opportunity to purchase an apartment with an additional payment for additional rooms or square meters is provided for in the renovation program. The price is set at the market price, but participants in the renovation program are given a 10% discount. It can only be used once.

You can choose housing only in houses that are being resettled under the renovation program, and only in your area.

There is also a limitation: the maximum area of ​​housing received with an additional payment cannot exceed 100 square meters.

Additional payments can be made either from your own funds or from credit funds. You can also use maternity capital, housing subsidies, state housing certificates and other sources of funds not prohibited by law to improve living conditions.

An application for the desire to purchase a larger apartment must be submitted within 30 calendar days from the date of receipt of the draft agreement providing for the transfer of ownership of an equivalent apartment. But if you have already moved, you can use the right to purchase additional meters at a discount within the next 2 years.

8. Is it possible to receive monetary compensation in exchange for an apartment?

Yes, the owner of the apartment can write a corresponding application and receive compensation for his apartment in the amount of the market value.

Program participants can submit an application for payment of compensation within 30 days from the date of receipt of the draft exchange agreement. It is not possible to receive compensation before this period.

9. What will happen to previously paid contributions for capital repairs?

After including a five-story building in the renovation program, its residents are exempt from paying fees for major repairs. Previously paid contributions are used for the construction of new houses.

10. How will the issue of debts for housing and communal services be resolved? What measures will be taken against debtors?

Renovation has nothing to do with this problem. Relocation of residents to new apartments will be carried out regardless of whether they have arrears in paying for housing and communal services in old apartments. Moving to a new apartment will not relieve the debtor from the obligation to pay his debt.

No special measures will be taken against debtors in connection with the implementation of the renovation program. For the purpose of moving, they will be provided with exactly the same apartments as residents who do not have arrears in paying utility bills.

The end of the demolition program for five-story buildings in Moscow has again been postponed by a year: now the authorities expect to resettle the dilapidated buildings only by the end of 2016. In total, the fight against the “Khrushchevs” in the capital has been going on for 15 years. During this time, officials managed to implement 80% of the planned plan and change the rules for the provision of new apartments several times.

According to data from the city construction complex, there are now 311 houses in Moscow that are subject to demolition. In total, about 23 thousand people live in them. Most of the five-story buildings are concentrated in the western part of the city, and the southern, central and Zelenograd districts managed to completely get rid of dilapidated buildings. A complete address list is provided on the website of the Moscow Department of Urban Development Policy.

Relocation from five-story buildings in Moscow is regulated by two city legislative acts - “On ensuring the housing rights of citizens when relocating and vacating residential premises” and “On ensuring the right of Moscow residents to residential premises.”

Rights and obligations

  • In exchange for an apartment in a demolished building, the owners must receive an equivalent comfortable living space, provided with electricity, water supply, sewerage, heating system, plumbing, and stove. By default, simple cosmetic repairs are assumed.
  • Those moving should have a choice of at least three options. But the resident of the house being demolished cannot officially express his wishes regarding a specific floor or house.
  • If the apartment was used under a social tenancy agreement, the property will be issued in return under the same conditions. But the footage of the new place of residence will be calculated based on social standards. For a family of two spouses, one-room apartments with an area of ​​44-50 meters are provided; three people will receive 62-74 meters. If there are four or more members in a family, 18 square meters are allocated for each person registered.
  • If family members are on a waiting list for improved housing conditions, the problem must be resolved during resettlement, and residents will be provided with an additional apartment or larger property. It is prohibited to allocate rooms in communal apartments when moving into five-story buildings.
  • The new apartment must be located within the boundaries of the district to which the demolished house was assigned. The owner or tenant may move to another location only after an appropriate written application.
  • Residents of the building must be notified of the upcoming demolition within two weeks after the government decree is passed. The authorities have a year to completely vacate the house.
  • An exchange agreement must be concluded with the owners, which specifies the area, number of rooms and all technical characteristics of the old and new apartments. Formally, property owners can apply for monetary compensation in exchange for real estate, but in practice the rule is almost never applied: the estimated cost of housing in five-story buildings is often significantly lower than the market price of apartments in new buildings.
  • By law, moving expenses must be borne by the city authorities. As a rule, we are talking about a one-time provision of a truck with a driver and a team of loaders.
  • Owners of apartments in residential buildings subject to resettlement cannot freely dispose of their property: after receiving notification of imminent demolition, the apartment can no longer be changed or sold. Any such transaction may be considered illegal.
  • Residents must move from the demolished house within a month after concluding an exchange agreement or receiving monetary compensation.

Background

The demolition of Moscow five-story buildings began in 1998. At the same time, the first completion date was announced - early 2010. But in 2008, the project, which was going through delays, finally stalled due to the financial crisis. The reconstruction of industrial areas in the capital has traditionally been carried out within the framework of investment contracts, financed by commercial structures. The implementation of most of them became impossible with the onset of the international financial crisis due to the bankruptcy of companies and the economic inefficiency of individual projects.

As a result, the pace of demolition fell six times: if in 2009 244 houses were dismantled in the city, then from 2010 to 2012 - only 112. The new city administration decided to terminate most of the agreements with investors and resettle the remaining houses at the expense of the budget. The cost of the project is calculated individually each time - the estimate is affected by the number of floors, location and condition of the property.

The other day it became known that the demolition program for five-story buildings in Moscow could last another two and a half years. According to the estimates of Deputy Mayor for Urban Development Policy and Construction Marat Khusnullin, the resettlement and demolition of dilapidated houses will be completely completed by the end of 2016, the official announced this at the board of the Moscow construction complex. Previously, the authorities voiced more optimistic forecasts: back at the March meeting, they talked about completing the liquidation of the “industrial housing stock” by the end of 2015.

In various areas of Moscow, due to the expiration of their service life, the so-called “Khrushchevkas” - old five-story buildings - are being demolished. Often in small apartments several families huddle under one roof with a bunch of children of different sexes. And they cannot always get separate housing when resettled. According to the norms of the current housing code, they are most often offered equivalent housing.

The second legislative act regulating resettlement on the territory of Moscow, registration of those in need of improved housing conditions, provision of apartments from the city fund, procedure and grounds for subsidies is Moscow City Law No. 29 “On ensuring the right of Moscow residents to residential premises.”

But in any situation there is a solution. To do this, you need to study the legislation and know your legal rights and guarantees.

Where to go to get separate housing?

To resolve the issue of moving different families into different apartments, it is necessary that all people living in the apartment be officially registered in it. The second mandatory condition is their registration as those in need of subsidies or improved housing conditions.

There are several ways to get a separate apartment when moving to Moscow:

Both methods are completely legal and have their place.

First way

If all the requirements are met and people are registered as those in need of improved housing conditions, they can apply not for an equivalent apartment, but for a cash subsidy.

According to the norms of the above-mentioned Moscow law, the subsidy will be calculated based on the average market value per square meter in the Moscow real estate market in multi-storey panel buildings.

Having received the monetary equivalent of the housing due, each family can afford to purchase, albeit small, but separate housing.

But given the cost of housing on the Moscow market, this money is not always enough to solve the existing problem.

As it turned out, getting separate housing when moving in is not so easy.

Moreover, it is necessary to take into account that the allocated subsidy is targeted and the law stipulates the conditions for housing to comply in a certain way. That is, it will not be possible to purchase any housing for different families to move into different apartments. There are established requirements for the condition of housing, level of wear,

But if they move from the center to the outskirts of the city, it will be possible to get a separate apartment when moving to Moscow.

That is, when moving different families into different apartments, it is necessary to decide not only where, but also what kind of housing.

Second way

When resettling, to receive a separate apartment is, on the basis of the provisions of Article 31 of Moscow City Law No. 29, to insist on the application of the standards for the provision of square meters contained in it.

This article outlines the parameters for providing subsidies to children of different sexes, families, and the minimum size of square meters per person.

It will be possible to obtain separate housing during resettlement if the owners and members of his family registered in this living space apply to the housing commission with an application for a subsidy, taking into account all the aggravating conditions they have.

It is necessary to confirm the actual need to move different families into different apartments.

In almost 90 cases out of a hundred, the issue is resolved positively.

But again, when resettling in Moscow, only people who meet all the requirements and are registered as needy and their families, respectively, will be able to get a separate apartment.

That is, if time passed after the parents were registered and they had a child, but he was not registered in a timely manner as in need of improved housing conditions, his interests will not be taken into account.

Where to go to get separate housing if the housing commission has refused some family members?

In order to get a separate apartment when moving to Moscow, you need to challenge the refusal in court. If, of course, from a legal point of view, there are violated rights.

In this case, in order to resettle different families in different apartments, you need to file a claim to restore the right to a subsidy in relation to the persons who were denied.

But where to go to get separate housing if some of the residents and registered ones were not registered as needing improved living conditions?

In this case, in order to receive a separate apartment upon resettlement, homeowners must file a lawsuit to include certain members of their family in the list of those in need of improved housing conditions at a given address.

In the future, with a court decision in hand to satisfy the claims, one can count on the restoration of violated rights and the resettlement of different families in different apartments.

In order to get a separate apartment when settling in Moscow, it is important to know the current legislation and fight to defend your interests.

The law does not have the right to worsen the situation of citizens living in an apartment, only to improve it.

When deciding on the resettlement of persons entitled to this type of benefits into a separate apartment, it is necessary to take into account that each situation is individual and a legal analysis is necessary to determine the tools of the struggle.

The law cannot limit the rights of minor children entitled to a subsidy, for example, by limiting their area or providing children of different sexes with one room.

Before deciding where to go to get separate housing, you need to decide what package of documents to defend these rights with.

The law requires compliance with the legality of registration as a person in need of improved housing conditions.

In order to get a separate apartment when moving to Moscow, it is better to seek competent legal assistance.

As it turned out, it is possible to get a separate apartment when moving in if you know where to go to get separate housing.

Important! For all questions about obtaining housing, if you don’t know what to do and where to go:

Call 8-800-777-32-63.

Housing lawyers, and lawyers who are registered on Russian Legal Portal, will try to help you from a practical point of view in this matter and advise you on all issues of interest.

The last five-story building in Severny Medvedkovo was demolished. What kind of living space does the city provide instead of apartments in dilapidated Khrushchev buildings? Who is entitled to how many square meters? At whose expense is the resettlement taking place? You should know about all this now, since the last five-story building of the first period of industrial housing construction in Moscow is planned to be demolished in 2017.

House demolition

To date, the program for the demolition of dilapidated housing from the so-called first period of industrial housing construction (1957-1968) has already been implemented by almost 90 percent. It has been fully completed in the Central, Southern, South-Eastern and Zelenograd districts.

There are 149 dilapidated five-story buildings left to be demolished in Moscow: in ZAO - 63, in NEAO - 31, in SWAO - 24, in SZAO - 16, in Northern Administrative Okrug - 10, in Eastern Administrative Okrug - 5 (a list of demolished five-story buildings by address can be found at the following link) .

The reason for the demolition is that the walls are too thin and made of lightweight ribbed expanded clay concrete panels that do not retain heat. Alas, it is simply impossible to reconstruct such buildings.

Renovation - it will happen after 2018 - awaits about 24 million square meters of unbearable series of Khrushchev buildings. Today there are about 400 houses in the city that can be built on.

Time to move

Moving from dilapidated and demolished housing to a new home is coordinated by district governments, where you can always turn for help. But we must keep in mind that the financial costs associated with moving and transporting things are legally borne by the customer demolishing the house or the customer of construction on the site of the house being demolished.

A truck with a team of loaders is usually provided to help those moving. Residents are required to move out of the house being demolished within a month after the exchange agreement is concluded. So there will be enough time to calmly collect your things and pack them in suitcases.

Relocation means improvement

Relocation improves your living conditions in any case.

Firstly, the housing is new and always larger in size. And secondly, if you lived in communal apartments, you will have access to separate housing, since according to the law, “five-story residents” are not resettled in communal apartments.

You must be notified about the demolition a couple of weeks after the Moscow Government adopts the corresponding resolution (it may take a year in total to completely vacate the house).

Do not forget that residents of five-story buildings that are subject to resettlement cannot freely dispose of their own apartment: after receiving a demolition notice, it can no longer be sold or exchanged.

Let's socialize, owners, people on the waiting list

When moving from demolished houses occupied on the basis of social rent, you must be given housing that will be equivalent in total area to the one you are leaving. Moreover, in the same area where your five-story building is located, or in areas adjacent to it (but only in the same administrative district).

There are cases when, for a three-room apartment in a demolished five-story building, those who live on social rent are given a three-room apartment, but with a larger area (up to 75-80 square meters).

But for those on the waiting list, with their consent, their living conditions can be improved. The norm for them is 18 square meters of living space per person. This takes into account the ownership and use of other residential premises by the applicant and his family members, as well as actions they have taken over the past five years that have worsened their living conditions.

If for some reason those on the waiting list suddenly refuse to improve their conditions, upon relocation they are provided with housing equivalent to the one being vacated and they continue to wait their turn.

Those who occupy living space under a social rental agreement cannot, by law, pay extra for more square footage or more rooms. However, if it is necessary to urgently vacate the house and the city does not have apartments in a new building, it is possible to provide an apartment with a large number of rooms with an additional payment for the difference in area (the money goes to the city budget).

Well, if your apartment is owned, then you will receive an equivalent compensation of your choice:

In cash based on an independent market valuation;

In the form of another comfortable premises, equivalent to the one being vacated with the same number of rooms and no less area).

In this case, residential premises are also allocated in the area of ​​residence (where the five-story building is located) or in adjacent areas within the same administrative district.

Where is this street, where is this house

An exchange agreement is concluded with the owners of apartments in five-story buildings, which stipulates the number of rooms, area and technical characteristics of the old and new apartments.

The total area of ​​the new apartment is calculated taking into account social standards. A family of two spouses can receive a one-room apartment up to 50 meters; three family members, as a rule, receive no more than 74 meters. A family of four people can get 18 square meters each.

In exchange for the lost apartment in a demolished five-story building, you will certainly be given an equivalent living space with cosmetic repairs (finishing), which is provided with water supply, sewerage, heating system, electricity, stove and plumbing.

Housing is not provided in the area of ​​residence in the following cases:

When providing two or more apartments - one is provided in the area of ​​residence, and the other may be outside this area;

When relocating citizens to the Central Administrative Okrug, ZelAO, TiNAO, where resettlement is carried out within the boundaries of these districts.

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