- Reasons and grounds for recognizing buildings as emergency, and premises unsuitable for normal human living
- The procedure for recognizing houses as dilapidated, and premises unsuitable for housing
- List of documents submitted to the commission for the recognition of houses as emergency, and premises unsuitable for people to live in them
- Legislation governing the foregoing
Over the years, nothing gets better and more reliable, so residential buildings are gradually deteriorating. What are the reasons for recognizing premises and buildings as unsuitable for human habitation and what kind of documents are needed to organize the work of the commission for assessing the condition of housing, this article will tell.
Walking through almost any Russian city, you can find many houses, whose century has long passed. Despite the leaking roof and cracked walls, people still live in them. Such a corner cannot be called cozy, but no one offers new square meters. Despite the long life and all the services to the fatherland, pensioners most often find themselves in such conditions. They write complaints and hope for the efforts of the local authorities, but everything is somehow to no avail. Officials either do not want to notice the problem, or they have too many other things to do, but the issue often remains unresolved.
There are other situations as well. This is when it becomes impossible to live in a house not because of its decay. The reason may be a dump formed nearby, poisoning the air in the area. Or maybe – a highway built nearby, the noise of which is not blocked by the walls of the building. Any of these factors can also be seen as creating obstacles to normal living. Of course, it may not be possible to move to a new apartment here, but you can hope for the reconstruction of the house.
There are also reverse situations. You live in a more or less decent place, but like snow on your head you get a notification about the recognition of the building as emergency and subject to imminent demolition. Sometimes this is justified and really is a concern for the life and health of people. Such Ordinances can be made by the local administration if the housing is located in a hazardous area. For example, the resettlement of entire cities after the explosion at the Chernobyl nuclear power plant due to the high level of radiation. However, officials do not always pursue such good goals. Perhaps the signed Order is more likely to indulge someone’s selfish interests and soon a supernova shopping and entertainment center appears instead of a residential building. And all the trouble of the building and the people living in it is hidden in a good location on the city map.
In the first and second case, there are norms established by law. They stand guard over the interests of ordinary citizens. And if the local administration stubbornly does not notice the crumbling house, then you should contact it with an official statement. The answer to it must get to the applicant without fail, and “inadequate” results are easily verified by an independent forensic examination, if suddenly the case takes a wrong turn. In the second case, when the decision to demolish was made not based on the results of surveys and the conclusions of the commission, but by a group of corrupt officials, there is also an opportunity to defend their right to the existing housing. Judicial practice contains many such examples..
Reasons and grounds for recognizing buildings as emergency, and premises unsuitable for normal human living
In order to know when the truth will be on your side and follow it “for sure”, you should familiarize yourself with the list of violations when a room or a building as a whole can be recognized as emergency and unsuitable for people to live in..
The first thing that comes to mind as a basis for recognizing a house as emergency is design flaws. Sagging foundations, cracked walls, deformation of ceilings and roofs, precipitation into the room. Any change that threatens the house with a collapse or significantly worsens living conditions will be considered as a valid argument for relocation of residents and the recognition of the building as emergency. But not only this can influence the decision..
Some factors affecting the comfort inside the building are also taken into account:
- the presence of hazardous substances in residential premises (can be released by old materials);
- poor air quality (lack of normal ventilation, including natural, and other reasons);
- unacceptable radiation level;
- excessive noise transmitted by the walls of the building;
- unacceptable vibration level (close location of mechanisms creating vibrations without proper vibration damping);
- high electromagnetic radiation (usually near power lines).
The location of a home can also play a significant role in making it unsuitable for use as a home. This is facilitated by finding a building:
- in an industrial area;
- in potentially dangerous natural areas (frequent earthquakes, avalanches, floods, landslides, etc.);
- in the zone of industrial accidents (for example, the zone of distribution of pesticides after a disaster at a defense enterprise);
- in the sanitary zone of enterprises.
A building that has been destroyed as a result of an explosion, fire and any other emergency situation is also recognized as emergency, if it is not possible to completely restore the damaged elements. That is, if one entrance cannot be restored, then the whole house is planned for demolition, as a result, no one will leave you to live in a dilapidated building.
There are situations when only the premises are recognized as unsuitable for living, and the building is not considered emergency. Typically, these include premises adjacent to garbage chute washing devices. For some population groups, other features of the premises may be considered. For example, the absence of a ramp at the place of residence of a wheelchair user.
Some unscrupulous citizens also apply to local authorities for recognition of living conditions as inappropriate to the standards, counting on an early improvement in housing conditions. You should be aware that, as such, a significant addition to square meters should not be expected. Housing is provided equivalent to the one lost, despite the fact that the displaced people are waiting in line and need to be expanded. You also need to know that some factors are not taken into account when declaring a house unsuitable for living, for example:
- lack of sewerage in buildings no higher than 2 floors (usually old buildings or so-called barracks);
- lack of hot water supply in buildings no higher than 2 floors;
- no elevator of any number of storeys in the house;
- lack of a garbage chute;
- non-compliance with the standards of old buildings.
An appeal to declare a house unsuitable for a normal life of people based on such statements is initially doomed to rejection.
The procedure for recognizing houses as dilapidated, and premises unsuitable for housing
It is not only the residents themselves who can initiate a house or room suitability check. The state control bodies can also participate in the process of organizing the work of the commission. In general, there are only three options for the grounds for the procedure:
- statement from the owner
- statement from the employer
- conclusion of state control
The sequence of actions of local authorities for any of the options will be the same. It consists in the following:
- Application acceptance and consideration.
- Determination of the number and composition of additional documents required for informed decision-making.
- Determination of the composition of the commission and the number of required specialists.
- Evaluation of the building (premises) by the commission.
- Drawing up and signing the conclusion by the commission.
- Drawing up a survey report with conclusions and recommendations (if necessary).
- Decision making by a local government body based on the results of the commission’s work.
- Transfer of the decision to the applicant, as well as to the owner, if he was not the applicant.
Construction experts, employees of sanitary and epidemiological services, design and survey institutes and many others can be involved as members of the commission. The absence of the necessary specialists in the composition can provoke the recognition of the signed conclusion after verification as invalid. This is especially useful for those who doubt the legality of recognizing the house as emergency. Before starting the proceedings, you should clarify:
- reasons for recognizing the house as emergency;
- the date of the commission check;
- the grounds for the inspection;
- the composition of the commission, including all involved specialists;
- the content of the commission’s conclusion;
- the content of the inspection report (if any).
The absence of a conclusion, inspection certificate or not convincing grounds, far from those listed in the first part of our article, will be a good plus when going to court.
List of documents submitted to the commission for the recognition of houses as emergency, and premises unsuitable for people to live in them
Having decided to apply to the relevant authorities with an application for recognizing a residential building as emergency or a premise unsuitable for living, you can transfer the entire package on paper yourself or use the mail services, or you can submit everything in electronic format through specialized information services. The list should include:
- copies of papers certifying your right to the housing in question (if the right is registered in the Unified State Register of Rights to Real Estate and Transactions with It, then this is optional);
- the conclusion of a specialized organization on the inspection of the building (for example, the organization measured the noise level from a nearby highway, and the readings for the living quarters turned out to be unacceptable);
- the conclusion of the design and survey organization on the state of structures and fences, if there are claims to them;
- statements, complaints and letters from neighbors, if any.
When contacting the authorities, it is necessary to understand that dilapidated housing cannot always be recognized as emergency. If there is no threat of collapse or other danger to life, then most often the solution to the issue is limited only to repairs, or even ends with a refusal.
Legislation governing the foregoing
Like everything else when it comes to housing, the basic rules should be found in the Housing Code. Here you can find the answer to the question of what kind of housing should be provided to replace the one that was lost when the house was declared emergency. However, as for the procedure itself for recognizing square meters as non-conforming to standards, it is not here. It (the procedure), together with the requirements and a list of necessary documents, is described by the Decree of the Government of the Russian Federation of January 28, 2006 No. 47.
Finally, I would like to remind you that when applying this or that legislation, as well as when reading this article, it should be borne in mind that laws tend to change and all information specified in the material is relevant only as of the date of publication. If you are not sure that all of the listed documents are relevant, you should refer to the updated Internet resources and clarify whether the document has been canceled. In addition to cancellation, you need to pay attention to the date of the last update, if it came out later than the publication date of the article, you need to study the text in more detail. It so happens that the latest edition of the document contains information that is completely opposite to the original norms..