What can you count on if your house is demolished

The issue of eviction of Muscovites from residential premises is relevant for many residents of the capital. This is due to the fact that by 2010 in Moscow they intend to demolish houses that are already outdated or in disrepair.

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The grounds for eviction are the decisions of the Moscow government:

– on capital repairs of residential buildings, if it is impossible to carry out it without vacating residential premises and resettling citizens;
– on the reconstruction of residential buildings;
– on the conversion of residential buildings and residential premises unsuitable for living into non-residential ones;
– on the demolition of residential buildings that threaten to collapse, recognized in the prescribed manner as emergency or unfit for habitation and unrecoverable;
– on the seizure of a land plot for state or municipal needs in connection with the need for new construction and development of territories;
– on the demolition of residential buildings as part of the implementation of urban housing programs.

On the basis of these documents, the prefect of the administrative district makes a decision on the resettlement of citizens. It indicates the grounds for the release of a residential building, a legal (individual) person carrying out resettlement or paying monetary compensation to the owner, terms of concluding preliminary agreements, terms of resettlement of owners, tenants, tenants and other persons from a residential building, sources of financing for resettlement costs and other essential conditions release of a residential building.

Owners guarantees

The evicted owner is provided with a preliminary and equivalent compensation in cash or in kind – by choice.

If the owner prefers money, then the amount of compensation must correspond to the market value of the vacated dwelling. Monetary compensation is provided to the owner in non-cash form, and it is intended for the purchase of residential premises. But you can use these funds for other purposes if the owner has a different living space, in respect of which the owner has an independent right to use. The appraisal of the market value of residential premises is carried out by professional appraisers according to a unified appraisal standard at the initiative of one of the parties at the expense of the resettler.

When providing the owner with a living space as compensation in kind, the number of rooms in it should not exceed their number in the vacated space.

Residential premises in areas of mass development, exceeding the amount of the established compensation in value, may be allocated to the owners of citizens in the order of reimbursement, if the persons carrying out the resettlement have space. If the owner has agreed to such conditions, the surcharge is levied at the cost of construction, if in the purchased residential premises for each resident there is no more than 25 sq. m of the total area (for citizens living alone – up to 40 sq. m of the total area), taking into account the total area of ​​all residential premises owned by citizens and occupied by them under a lease agreement. The settling person carries out the resettlement of citizens or reimburses the costs of moving citizens to a new dwelling.

To relocate a citizen, it is necessary to formalize these relations. As a rule, the relationship between the evicted person and the owner of the dwelling is formalized by agreements – preliminary and basic.

A preliminary contract is concluded prior to the commencement of work on reconstruction, overhaul, re-equipment, demolition of a residential building. It is the basis for concluding the main agreement on the termination of the ownership of the residential premises belonging to the owner and providing the owner with preliminary and equivalent in value compensation in kind (compensation), as well as on the establishment of the rights of the parties to the vacated residential premises and provided by way of compensation. As a rule, after the conclusion of the preliminary agreement, the owner does not have the right to alienate the residential premises, as well as to make other transactions that violate the preliminary agreement.

The preliminary contract is not concluded:

– upon reaching an oral agreement between the parties on all conditions for the provision of compensation (compensation);
– when relocating owners from emergency residential buildings.

The main contract is concluded in a simple written form and is subject to state registration with the body that registers rights to real estate and transactions with it. The costs associated with the state registration of the contract are borne by the resettling party.

The main contract is concluded on the terms and conditions established in the preliminary contract. Such an agreement must necessarily provide for the type of compensation in the form of:

– other comfortable living quarters of equal value;
– preliminary and equivalent reimbursement of the cost of the vacated dwelling in non-cash form under a sale and purchase agreement with the crediting of the amount of compensation to the bank account of the owner of the vacated dwelling without providing another dwelling;
– provision of other residential premises for the period of major repairs while maintaining the ownership of the repaired residential premises.

If for the owner the dwelling is the only place of residence and he chooses monetary compensation as compensation, then in addition to the compensation he receives compensation for the non-capital repairs of the dwelling house. It can be used exclusively for the purchase of other living quarters. When the owner selects a dwelling on the real estate market, the funds credited to the owner’s target bank account are transferred to the seller of the dwelling in a non-cash form.

Guarantees for employers

The evicted tenants are provided with another comfortable living space. The size of the total area of ​​the living space must correspond to the provision for a citizen and his family members registered at the place of residence in the vacated living space on the date of the decision, including children born after it was made. This takes into account all living quarters in respect of which citizens and members of their families have an independent right to use, as well as civil transactions made by citizens and members of their families with living quarters, but not more than five years before a decision is made.

A tenant with an area exceeding the provision rate is allocated a dwelling in an amount not less than the established social norm per person, and the tenant and his family members who have the right to additional space and who actually used it – taking into account the additional space that is in their use.

From the moment the decision to vacate the dwelling is made, the subsequent increase in the composition of the family does not entail a revision of the decision to provide dwelling space under a social tenancy agreement previously proposed to the citizen and his family members. But there are exceptions:
– preservation of the citizen’s right to housing, which was not taken into account when deciding on the provision of housing; settling in minors;
– recognition of a citizen’s right to housing on the basis of a court decision.

In case of refusal of the provided living space in the housing stock for social use, the tenant, by agreement of the parties, may be issued a subsidy for the purchase of living space. Its size is equal to the cost of the provided social housing. The cost of social housing, on the basis of which the subsidies are calculated, is determined as the average market value of housing in standard series houses in areas of mass development.

Eviction terms

Persons who are owners and tenants of residential premises in a vacated building shall be notified of the decision made in writing within two weeks after the date of the decision. A preliminary agreement with the owner of the residential premises is concluded within the terms specified in the decision. The main contract is concluded within the terms specified in the preliminary contract.

The dwelling is vacated by the tenant no later than a month after the conclusion of the lease agreement for the provided dwelling place, by the owner – within the terms specified in the main contract, but no later than a month after receiving the document on the ownership of the dwelling or after receiving monetary compensation ) in full size.

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