Legislative base of the Russian Federation. Rules for declaring a dwelling unfit for habitation
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GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
ON THE APPROVAL OF THE REGULATION
ABOUT THE RECOGNITION OF THE PREMISES
UNSUITABLE FOR LIVING AND APARTMENT BUILDING
EMERGENCY AND TO BE DEMOLIED OR RECONSTRUCTION
List of changing documents
(as amended by Decrees of the Government of the Russian Federation of 02.08.2007 N 494,
dated 04/08/2013 N 311, dated 03/25/2015 N 268, dated 03/25/2015 N 269,
dated 09.07.2016 N 649, dated 02.08.2016 N 746,
as amended by the decision of the Supreme Court of the Russian Federation
dated 03.02.2016 N AKPI15-1365)
In accordance with Articles 15 and 32 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:
1. Approve the attached Regulations on recognizing the premises as residential premises, residential premises unfit for habitation and subject to demolition or reconstruction.
(as amended by Decree of the Government of the Russian Federation of 02.08.2007 N 494)
2. Recognize as invalid Decree of the Government of the Russian Federation of September 4, 2003 N 552 "On approval of the Regulations on the procedure for recognizing residential buildings (residential premises) unsuitable for habitation" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2003, N 37, Art. 3586).
Prime Minister
Russian Federation
M. FRADKOV
Approved
Government Decree
Russian Federation
Regulations on the recognition of premises as living quarters, residential premises unfit for habitation and apartment building emergency and subject to demolition or reconstruction
I. General provisions
1. This Regulation establishes the requirements for residential premises, the procedure for recognizing residential premises as habitable and the grounds on which residential premises are recognized as unsuitable for habitation, and in particular apartment house recognized as emergency and subject to demolition or reconstruction.
2. This Regulation applies to residential premises in operation, regardless of the form of ownership, located on the territory of the Russian Federation.
3. This Regulation does not apply to residential premises located in facilities capital construction, the commissioning of which and state registration were not carried out in accordance with the Town Planning Code of the Russian Federation.
4. Residential premises shall be recognized as isolated premises, which are intended for the residence of citizens, are immovable property and are suitable for habitation.
5. Residential premises are recognized:
residential building - an individually defined building, which consists of rooms, as well as premises for auxiliary use, designed to meet citizens' domestic and other needs related to their living in it;
apartment - a structurally separate room in an apartment building, providing direct access to the premises common use in such a house and consisting of one or more rooms, as well as premises for auxiliary use, designed to meet citizens' domestic and other needs associated with their living in such a separate room;
room - a part of a residential building or apartment intended for use as a place of direct residence of citizens in a residential building or apartment.
6. An apartment building is a collection of two or more apartments that have independent exits either to a land plot adjacent to a residential building or to common areas in such a building. An apartment building contains elements of the common property of the owners of premises in such a house in accordance with housing legislation.
It is not allowed to use premises for auxiliary use as residential premises, as well as premises that are part of the common property of the owners of premises in an apartment building.
7. Evaluation and examination of the premises in order to recognize it as residential premises, residential premises suitable (unsuitable) for citizens to live in, as well as an apartment building in order to recognize it as emergency and subject to demolition or reconstruction, are carried out by an interdepartmental commission created for these purposes (hereinafter referred to as the commission) , and are carried out for the compliance of the indicated premises and the house with the requirements established in this Regulation.
The executive authority of the constituent entity of the Russian Federation creates, in accordance with the procedure established by it, a commission for the assessment of residential premises housing stock subject of the Russian Federation, as well as other residential premises in cases established by this Regulation. The commission includes representatives of this executive authority of the constituent entity of the Russian Federation. The chairman of the commission is executive the specified executive authority of the subject of the Russian Federation.
The local self-government body creates, in accordance with the procedure established by it, a commission for the assessment of residential premises of the housing stock of the Russian Federation, apartment buildings owned by the federal government, municipal housing stock and private housing stock, except as provided in paragraph 7(1) of this Regulation. The commission includes representatives of this local self-government body. The chairman of the commission is an official of the said local self-government body.
The commission also includes representatives of bodies authorized to conduct regional housing supervision (municipal housing control), state control and supervision in the areas of sanitary and epidemiological, fire, industrial, environmental and other safety, consumer rights protection and human well-being (hereinafter - state supervision (control), for the inventory and registration of real estate objects located in urban and rural settlements, other municipalities, as well as, if necessary, representatives of architecture, urban planning and relevant organizations, experts in in due course certified for the right to prepare expert opinions project documentation and (or) results of engineering surveys.
The owner of the residential premises (the person authorized by him), with the exception of the bodies and (or) organizations specified in the second, third and sixth paragraphs of this clause, is involved in work in the commission with the right of an advisory vote and is subject to notification of the time and place of the commission meeting in the manner established by the executive authority of the constituent entity of the Russian Federation or by the local self-government body that created the commission.
If the commission evaluates residential premises of the housing stock of the Russian Federation or an apartment building that is in federal ownership, a representative of the federal executive body exercising the powers of the owner in relation to the assessed property is included in the commission with a decisive vote. The voting commission also includes a representative of the state body of the Russian Federation or an enterprise (institution) subordinate to it, if the property being valued belongs to the said body or its subordinate enterprise (institution) on the basis of the relevant property right (hereinafter referred to as the right holder).
The decision to recognize the premises as residential premises, residential premises suitable (unsuitable) for citizens to live in, as well as an apartment building as emergency and subject to demolition or reconstruction is made by the executive authority of the constituent entity of the Russian Federation or local government (with the exception of residential premises of the housing stock of the Russian Federation and apartment buildings federally owned). If the commission evaluates residential premises of the housing stock of the Russian Federation, as well as an apartment building that is federally owned, a decision to recognize the premises as residential premises, residential premises suitable (unsuitable) for citizens to live, as well as an apartment building emergency and subject to demolition or reconstruction accepted federal body executive power, exercising the powers of the owner in relation to the property being valued, on the basis of the conclusion of the commission, drawn up in the manner prescribed by paragraph 47 of this Regulation.
7(1). If it is necessary to evaluate and survey the premises in order to recognize the residential premises as suitable (unsuitable) for the residence of citizens, as well as the apartment building as emergency and subject to demolition or reconstruction within 5 years from the date of issuance of a permit to put the apartment building into operation, such assessment and examination are carried out by the commission , created by the executive authority of the constituent entity of the Russian Federation in accordance with paragraph two of clause 7 of these Regulations.
If the commission, created by the executive authority of the subject of the Russian Federation, includes officials who issued a permit for the construction of an apartment building or issued a permit for putting an apartment building into operation, as well as representatives of state supervision (control) bodies, local governments, organizations and experts certified in accordance with the established procedure for the right to prepare expert opinions on project documentation and (or) the results of engineering surveys that participated in the preparation of documents necessary for the issuance of these permits, the executive authority of the constituent entity of the Russian Federation decides to create another commission for the purpose of assessing and examination of a premises or an apartment building in the case specified in the first paragraph of this clause. However, this commission does not include said persons and representatives.
The composition of the commission created by the executive authority of the constituent entity of the Russian Federation for the purpose of assessing and inspecting a premises or an apartment building in the case specified in the first paragraph of this clause is formed in accordance with paragraphs two and four of clause 7 of this Regulation. At the same time, the composition of this commission in without fail experts are included who are certified in accordance with the established procedure for the right to prepare expert opinions on project documentation and (or) the results of engineering surveys.
8. The local self-government body, if there is an application from the owner of the premises, decides on the recognition of private residential premises located on the relevant territory as suitable (unsuitable) for citizens to live on the basis of the relevant conclusion of the commission.
II. Requirements to be met by the property
9. Residential premises should be located mainly in houses located in a residential area in accordance with functional zoning territory.
10. The load-bearing and enclosing structures of the residential premises, including those included in the common property of the owners of premises in an apartment building, must be in working order, in which the violations that occurred during operation in terms of deformability (and in reinforced concrete structures- in terms of crack resistance) do not lead to a malfunction and bearing capacity structures, the reliability of a residential building and ensure the safe stay of citizens and the safety of engineering equipment.
The bases and load-bearing structures of a residential building, as well as the bases and load-bearing structures that are part of the common property of the owners of premises in an apartment building, must not be destroyed and damaged, leading to their deformation or cracking, reducing their load-bearing capacity and worsening the operational properties of structures or residential building as a whole.
11. The residential premises, as well as the common property of the owners of premises in an apartment building, must be arranged and equipped in such a way as to prevent the risk of injury to residents when moving inside and around the residential premises, when entering and leaving the residential premises and residential building , as well as when using engineering equipment and ensure the possibility of moving items of engineering equipment of the corresponding premises of apartments and auxiliary premises houses that are part of the common property of the owners of premises in an apartment building. At the same time, the slope and width flights of stairs and ramps, step height, tread width, width landings, height of passages on stairs, basement, exploited attic, dimensions doorways must ensure the convenience and safety of movement and accommodation.
12. The dwelling must be provided with engineering systems (electric lighting, household and drinking and hot water supply, drainage, heating and ventilation, and in gasified areas also gas supply). In settlements without centralized engineering networks in one- and two-story buildings, the absence of running water and sewered latrines is allowed.
13. Engineering systems(ventilation, heating, water supply, sanitation, elevators, etc.), equipment and mechanisms located in residential premises, as well as being part of the common property of the owners of premises in an apartment building, must comply with the requirements of sanitary and epidemiological safety. Device ventilation system living quarters should exclude the flow of air from one apartment to another. Merging is not allowed ventilation ducts kitchens and sanitary facilities(auxiliary premises) with living rooms.
The air exchange rate in all ventilated residential premises must comply with the standards established in the current regulatory legal acts.
14. Engineering systems (ventilation, heating, water supply, sanitation, elevators, etc.) located in residential premises, as well as being part of the common property of the owners of premises in an apartment building, must be placed and installed in accordance with the safety requirements established in current regulatory legal acts, and instructions of equipment manufacturers, as well as with hygienic standards, including those regarding the permissible level of noise and vibration that are created by these engineering systems.
15. The external enclosing structures of the residential premises, which are part of the common property of the owners of premises in an apartment building, must have thermal insulation that provides, in cold period year relative humidity in the inter-apartment corridor and living rooms not more than 60 percent, the temperature of heated rooms is not less than +18 degrees Celsius, as well as insulation from the penetration of cold outside air, vapor barrier from the diffusion of water vapor from the room, ensuring the absence of moisture condensation on internal surfaces non-translucent enclosing structures and preventing the accumulation of excess moisture in the structures of a residential building.
16. Residential premises, as well as premises that are part of the common property of the owners of premises in an apartment building, must be protected from the penetration of rain, melt and ground water and possible household water leaks from engineering systems using constructive means and technical devices.
17. Access to a dwelling located in an apartment building above the fifth floor, with the exception of attic floor must be carried out using an elevator.
18. Permissible height of an operated residential building and the floor area within the fire compartment, which is part of the common property of the owners of premises in an apartment building, must correspond to the class of constructive fire hazard building and the degree of its fire resistance, established in the current regulatory legal acts, and ensure fire safety dwellings and dwellings in general.
19. In the residential area being reconstructed, when the location of sanitary facilities is changed, measures must be taken for hydro-, noise- and vibration isolation, provision of ventilation systems, and, if necessary, the ceilings on which the equipment of sanitary facilities is installed must be strengthened.
20. The space-planning solution of residential premises and their location in an apartment building, the minimum area of rooms and auxiliary premises intended to meet citizens' domestic and other needs related to their living in residential premises (except for the hallway and corridor) should provide the possibility of placing required set pieces of furniture and functional equipment, taking into account the requirements of ergonomics.
21. In a residential area, the required insolation must be provided for one-, two- and three-room apartments- at least in one room, for four-, five- and six-room apartments - at least in 2 rooms. The duration of insolation in the autumn-winter period of the year in a residential building for the central, northern and southern zones must comply with the relevant sanitary standards. The coefficient of natural light in rooms and kitchens must be at least 0.5 percent in the middle of the dwelling.
22. The height (from floor to ceiling) of rooms and the kitchen (kitchen-dining room) in climatic regions IA, IB, IG, ID and IVa must be at least 2.7 m, and in other climatic regions - at least 2.5 m The height of intra-apartment corridors, halls, front, mezzanines should be at least 2.1 m.
23. The floor level of the dwelling located on the ground floor must be higher than the planned level of the ground.
Accommodation in the basement and basement floors not allowed.
24. Placing a restroom, bathroom (shower) and kitchen above the rooms is not allowed. Placing a restroom, bathroom (shower) in the upper level above the kitchen is allowed in apartments located on 2 levels.
25. Rooms and kitchens in living quarters should have direct natural light.
Natural lighting may not have other auxiliary premises intended to meet citizens' domestic and other needs, as well as premises that are part of the common property of the owners of premises in an apartment building (corridors, lobbies, halls, etc.). The ratio of the area of light openings to the floor area of rooms and kitchens should be taken taking into account the lighting characteristics of windows and shading by opposing buildings, but not more than 1: 5.5 and not less than 1: 8, and for upper floors with light openings in the plane of inclined enclosing structures - at least 1: 10.
26. Permissible levels in a residential area sound pressure in octave frequency bands, equivalent and maximum levels sound and penetrating noise must comply with the values established in the current regulatory legal acts, and not exceed the maximum allowable sound level in rooms and apartments during the daytime of 55 dB, at night - 45 dB. At the same time, the permissible levels of noise generated in residential premises by ventilation systems and other engineering and technological equipment, should be lower by 5 dBA of the specified levels during the day and at night.
Inter-apartment walls and partitions must have an insulation index airborne noise not lower than 50 dB.
27. In a residential area, the permissible levels of vibration from internal and external sources during the daytime and at night must comply with the values established in the current regulatory legal acts.
28. In a dwelling, the permissible level of infrasound must correspond to the values established in the current regulatory legal acts.
29. In a residential area, the intensity of electromagnetic radiation in the radio frequency range from stationary transmitting radio engineering objects (30 kHz - 300 GHz) should not exceed allowed values established in the current regulatory legal acts.
30. In a residential area, the maximum permissible voltage of an alternating electric field and the maximum permissible tension of the alternating magnetic field must correspond to the values established in accordance with the legislation in the field of ensuring the sanitary and epidemiological welfare of the population.
(clause 30 as amended by Decree of the Government of the Russian Federation of 02.08.2016 N 746)
31. Inside a dwelling, the equivalent radiation dose rate should not exceed the dose rate permissible for open areas by more than 0.3 μSv / h, and the average annual equivalent equilibrium volume activity of radon in the air of operated premises should not exceed 200 Bq / cubic meter. m.
32. Concentration harmful substances in the air of a dwelling should not exceed the maximum permissible concentrations for the atmospheric air of populated areas, established in the current regulatory legal acts. At the same time, the assessment of the conformity of a dwelling with the requirements that it must meet is carried out according to the maximum permissible concentrations of the most hygienically significant substances polluting the indoor air, such as nitrogen oxide, ammonia, acetaldehyde, benzene, butyl acetate, distylamine, 1,2-dichloroethane , xylene, mercury, lead and its inorganic compounds, hydrogen sulfide, styrene, toluene, carbon monoxide, phenol, formaldehyde, dimethyl phthalate, ethyl acetate and ethylbenzene.
III. Grounds for recognizing a dwelling as unfit for habitation and an apartment building as emergency and subject to demolition or reconstruction
33. The basis for recognizing a dwelling as unfit for habitation is the presence of identified harmful factors in the human environment that do not allow ensuring the safety of life and health of citizens due to:
deterioration due to physical wear and tear during the operation of the building as a whole or its individual parts performance characteristics leading to a reduction to an unacceptable level of building reliability, strength and stability building structures and grounds;
changes environment and parameters of the microclimate of the residential premises, which do not allow to ensure compliance with the necessary sanitary and epidemiological requirements and hygienic standards in terms of the content of chemical and biological substances potentially hazardous to humans, air quality, background radiation levels and physical factors of the presence of sources of noise, vibration, electromagnetic fields.
34. Residential premises located in prefabricated, brick and stone houses, as well as in wooden houses and houses made of local materials with deformations of foundations, walls, load-bearing structures and a significant degree of biological damage to elements wooden structures, which indicate the exhaustion of the bearing capacity and the danger of collapse, are unsuitable for habitation due to the recognition of an apartment building as emergency and subject to demolition or reconstruction.
35. Residential premises located in residential buildings located in territories where sanitary and epidemiological safety indicators are exceeded in terms of physical factors (noise, vibration, electromagnetic and ionizing radiation), concentrations of chemical and biological substances in atmospheric air and soil, established in Section II of these Regulations, as well as in residential buildings located in industrial zones, engineering and transport infrastructure zones and in sanitary protection zones, should be recognized as unsuitable for habitation in cases where it is impossible to minimize the risk criteria by engineering and design solutions to an acceptable level.
36. Residential premises located in hazardous areas of landslides, mudflows, snow avalanches, as well as in areas that are annually flooded by flood waters and where it is impossible to prevent flooding of the territory with the help of engineering and design solutions should be recognized as unsuitable for habitation. Apartment buildings located in these areas are recognized as emergency and subject to demolition or reconstruction.
Residential premises located in the zone of probable destruction should be recognized as unfit for habitation. industrial accidents if it is impossible to prevent the destruction of residential premises with the help of engineering and design solutions. Apartment buildings located in these areas are recognized as emergency and subject to demolition or reconstruction. In this Regulation, the zone of probable destruction in case of man-made accidents is understood as the territory within which residential premises and apartment buildings are located, which are threatened with destruction due to a man-made accident. Zones of probable destruction during man-made accidents are established by the Federal Service for Ecological, Technological and Nuclear Supervision based on the materials of a technical investigation of their causes.
37. Residential premises located in territories adjacent to an overhead power line should be recognized as unsuitable for habitation. alternating current and other objects that, at a height of 1.8 m from the ground, create an electric field strength of industrial frequency 50 Hz more than 1 kV / m and an induction of a magnetic field of industrial frequency 50 Hz more than 50 μT.
38. Residential premises located in apartment buildings that have been damaged as a result of explosions, accidents, fires, earthquakes, uneven subsidence of soils, as well as other complex geological phenomena, should be recognized as unsuitable for habitation, if restoration work is technically impossible or economically impractical And technical condition of these houses and building structures is characterized by a decrease in the bearing capacity and operational characteristics, in which there is a danger to the presence of people and the safety of engineering equipment. These apartment buildings are recognized as emergency and subject to demolition.
39. Rooms with windows overlooking the highway, with a noise level above the maximum allowable rate, specified in paragraph 26 of this Regulation, should be recognized as uninhabitable if it is impossible to reduce the noise level to an acceptable value with the help of engineering and design solutions.
40. Residential premises, above which or adjacent to them there is a device for washing the garbage chute and cleaning it, should be recognized as unsuitable for habitation.
41. Cannot serve as a basis for recognizing a dwelling as unfit for habitation:
lack of a centralized sewage system and hot water supply in a one- and two-story residential building;
the absence in a residential building of more than 5 floors of an elevator and a garbage chute, if this residential building is in a limited working condition due to physical wear and tear and is not subject to overhaul and reconstruction;
inconsistency of the space-planning solution of residential premises and their location with the minimum area of rooms and auxiliary premises of an apartment in an operated residential building, designed and built according to previously valid regulatory documentation, currently adopted space-planning solutions, if this solution meets the requirements of ergonomics in terms of placement of the necessary a set of pieces of furniture and functional equipment.
IV. The procedure for recognizing premises as residential premises, residential premises unfit for habitation and an apartment building as emergency and subject to demolition or reconstruction
42. The commission, on the basis of an application from the owner of the premises, the federal executive body exercising the powers of the owner in relation to the assessed property, the right holder or a citizen (tenant) or on the basis of the conclusion of state supervision (control) bodies on issues within their competence, assesses the conformity of the premises the requirements established in this Regulation and makes decisions in the manner prescribed by paragraph 47 of this Regulation.
43. When evaluating the compliance of the premises in operation with the requirements established in this Regulation, its actual condition is checked. At the same time, an assessment is made of the degree and category of the technical condition of building structures and a residential building as a whole, the degree of its fire resistance, the conditions for ensuring the evacuation of residents in the event of a fire, sanitary and epidemiological requirements and hygienic standards, the content of chemical and biological substances potentially hazardous to humans, the quality of atmospheric air, the level of radiation background and physical factors of sources of noise, vibration, the presence of electromagnetic fields, the parameters of the microclimate of the room, as well as the location of the dwelling.
44. The procedure for assessing the compliance of the premises with the requirements established in this Regulation includes:
acceptance and consideration of the application and supporting documents attached to it;
determination of the list of additional documents (conclusions (acts) of the relevant bodies of state supervision (control), the conclusion of the design and survey organization based on the results of the examination of the elements of the enclosing and supporting structures of the residential premises) necessary for making a decision on recognizing the residential premises as corresponding (not corresponding) established in this Regulation requirements;
determination of the composition of the involved experts, certified in accordance with the established procedure for the right to prepare conclusions for the examination of project documentation and (or) the results of engineering surveys, based on the reasons why the residential premises can be recognized as non-residential, or to assess the possibility of recognizing the previously reconstructed as suitable for living non-residential premises;
the work of the commission for assessing the suitability (unsuitability) of residential premises for permanent residence;
drawing up by the commission of an opinion in the manner prescribed by paragraph 47 of this Regulation, in the form in accordance with Appendix No. 1 (hereinafter - the conclusion);
drawing up an act of examining the premises (if the commission decides on the need for an examination) and drawing up a conclusion by the commission based on the conclusions and recommendations specified in the act. At the same time, the decision of the commission regarding the identification of grounds for recognizing an apartment building as emergency and subject to demolition or reconstruction can be based only on the results set forth in the conclusion of a specialized organization conducting the survey;
adoption by the relevant federal executive body, executive body of the constituent entity of the Russian Federation, local self-government body of a decision based on the results of the work of the commission;
transfer of one copy of the decision to the applicant and the owner of the residential premises (the third copy remains in the file formed by the commission).
45. To consider the issue of suitability (unsuitability) of premises for living and recognition of an apartment building as emergency, the applicant submits the following documents to the commission at the location of the residential premises:
a) an application for recognizing the premises as residential premises or residential premises unfit for habitation and (or) an apartment building as emergency and subject to demolition or reconstruction;
b) copies of title documents for residential premises, the right to which is not registered in the Unified State Register of Rights to Real Estate and Transactions Therewith;
c) in relation to non-residential premises to be recognized as residential premises in the future - a project for the reconstruction of non-residential premises;
d) the conclusion of a specialized organization that conducted an inspection of an apartment building - in case of raising the issue of recognizing an apartment building as emergency and subject to demolition or reconstruction;
e) the conclusion of the design and survey organization based on the results of the examination of the elements of the enclosing and load-bearing structures of the residential premises - if, in accordance with paragraph three of clause 44 of this Regulation, the provision of such a conclusion is necessary for making a decision on recognizing the residential premises as corresponding (not corresponding) established in of this Regulation to the requirements;
f) statements, letters, complaints of citizens about unsatisfactory living conditions - at the discretion of the applicant.
The applicant has the right to submit the application and the documents attached to it on paper in person or through postal item with a return receipt or in the form of electronic documents using the federal state information system"Single portal of state and municipal services(functions)" (hereinafter - a single portal), the regional portal of state and municipal services (if any) or through a multifunctional center for the provision of state and municipal services.
An application submitted in the form of an electronic document is signed by the applicant with a simple electronic signature, and the electronic documents attached to it must be signed by officials of the bodies (organizations) that issued these documents, enhanced by a qualified electronic signature (unless otherwise established by the legislation of the Russian Federation for signing such documents type of electronic signature).
The applicant has the right to submit to the commission the documents and information specified in paragraph 45(2) of this Regulation on his own initiative.
45(1). If the applicant is a state supervision (control) body, this body submits its opinion to the commission, after consideration of which the commission invites the owner of the premises to submit the documents specified in paragraph 45 of these Regulations.
45(2). The Commission, based on interagency requests using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it, receives, among other things, in electronic form:
a) information from the Unified State Register of Rights to Real Estate and Transactions with It on Rights to Residential Premises;
b) technical passport of the residential premises, and for non-residential premises - the technical plan;
c) the conclusions (acts) of the relevant bodies of state supervision (control) in the event that the submission of these documents in accordance with paragraph three of clause 44 of these Regulations is recognized as necessary for making a decision on recognizing the residential premises as corresponding (not corresponding) to the requirements established in this Regulation.
The Commission has the right to request these documents from the state supervision (control) bodies specified in paragraph five of clause 7 of these Regulations.
45(3). If the commission assesses the residential premises of the housing stock of the Russian Federation or an apartment building that is in federal ownership, the local government body, no later than 20 days before the start of the work of the commission, is obliged in writing by mail with a return receipt, as well as in in the form of an electronic document using a single portal, send to the federal executive body of the Russian Federation exercising the powers of the owner in relation to the property being valued, and to the right holder of such property a notification of the date the commission began to work, and also place such a notification on the interdepartmental portal for state property management in the information and telecommunications network "Internet".
The federal executive body exercising the powers of the owner in relation to the property being valued, and the right holder of such property, within 5 days from the date of receipt of the notice of the date of commencement of the work of the commission, shall be sent to the commission by mail with a return receipt, as well as in the form of an electronic document using a single portal information about its representative authorized to participate in the work of the commission.
If the authorized representatives did not take part in the work of the commission (subject to the procedure for notification of the date of commencement of the work of the commission established by this paragraph), the commission makes a decision in the absence of these representatives.
46. The Commission considers the received application or conclusion of the state supervision (control) body within 30 days from the date of registration and makes a decision (in the form of a conclusion) specified in paragraph 47 of this Regulation, or a decision to conduct an additional examination of the evaluated premises.
In the course of work, the commission has the right to appoint additional examinations and tests, the results of which are attached to the documents previously submitted for consideration by the commission.
If the applicant fails to submit the documents provided for in paragraph 45 of this Regulation and it is impossible to claim them on the basis of interdepartmental requests using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it, the commission returns the application and the relevant documents without consideration within 15 days from the date of expiration of the period provided for in the first paragraph of this paragraph.
47. Based on the results of the work, the commission makes one of the following decisions on assessing the compliance of premises and apartment buildings with the requirements established in this Regulation:
on the compliance of the premises with the requirements for residential premises, and its suitability for habitation;
on identifying grounds for recognizing the premises as subject to major repairs, reconstruction or redevelopment (if necessary, with a feasibility study) in order to bring the characteristics of the residential premises lost during operation in accordance with the requirements established in this Regulation;
on identifying grounds for declaring the premises unfit for habitation;
on identifying grounds for recognizing an apartment building as emergency and subject to reconstruction;
on identifying grounds for recognizing an apartment building as emergency and subject to demolition;
on the absence of grounds for recognizing the apartment building as emergency and subject to demolition or reconstruction.
The decision is made by a majority vote of the members of the commission and is drawn up in the form of a conclusion in 3 copies indicating the relevant grounds for the decision. If the number of votes "for" and "against" when making a decision is equal, the vote of the chairman of the commission is decisive. In case of disagreement with the decision taken, the members of the commission have the right to express their dissenting opinion in writing and attach it to the conclusion.
48. Lost power.
49. In the case of an inspection of the premises, the commission draws up in 3 copies an act of inspection of the premises in the form in accordance with Appendix No. 2.
On the basis of the opinion received, the relevant federal executive body, executive body of a constituent entity of the Russian Federation, local self-government body, within 30 days from the date of receipt of the opinion in the manner prescribed by it, makes a decision provided for in paragraph seven of clause 7 of this Regulation, and issues an order indicating further use of the premises, the timing of the resettlement of individuals and legal entities in case of recognition of the house as emergency and subject to demolition or reconstruction or on the recognition of the need for repair and restoration work.
50. In the event that an apartment building is recognized as emergency and subject to demolition, contracts for the rental and lease of residential premises are terminated in accordance with the law.
Contracts for residential premises recognized as unfit for habitation may be terminated at the request of any of the parties to the contract in a judicial proceeding in accordance with the law.
51. The Commission, within 5 days from the date of the decision provided for in paragraph 49 of this Regulation, sends in writing or electronic form using public information and telecommunication networks, including the Internet information and telecommunication network, including a single portal or regional portal of state and municipal services (if any), 1 copy of the order and conclusion of the commission to the applicant, as well as in case of recognition of the dwelling as unfit for habitation and the apartment building as emergency and subject to demolition or reconstruction - to the body of state housing supervision (municipal housing control) at the location of such premises or house.
If grounds are identified for recognizing a dwelling as unfit for habitation due to the presence of the harmful effects of environmental factors that pose a particular danger to human life and health, or pose a threat of destruction of the building due to its emergency state or on the grounds provided for in paragraph 36 of this Regulation, the decision provided for in paragraph 47 of this Regulation is sent to the appropriate federal executive authority, executive authority of a constituent entity of the Russian Federation, local government, the homeowner and the applicant no later than the working day following the day of registration solutions.
If an apartment building is recognized as emergency and subject to demolition or reconstruction (residential premises in it unsuitable for habitation) within 5 years from the date of issuance of a permit for its commissioning for reasons not related to natural disasters and other force majeure circumstances, the decision provided for paragraph 47 of this Regulation, is sent within 5 days to the prosecution authorities to resolve the issue of taking measures provided for by the legislation of the Russian Federation.
52. The decision of the relevant federal executive body of the Federation, the body of local self-government, the conclusion provided for in paragraph 47 of this Regulation may be appealed by interested parties in a judicial proceeding.
V. Using additional information to make a decision
53. In the event of a major overhaul, reconstruction or redevelopment of a dwelling in accordance with a decision made on the basis of the opinion specified in paragraph 47 of these Regulations, the commission, within a month after notification by the owner of the dwelling or a person authorized by him of their completion, conducts an inspection of the dwelling, draws up an inspection report and makes an appropriate decision, which brings it to the attention of interested parties.
54. Separate residential premises (room, apartment) occupied by disabled persons may be recognized by the commission as unsuitable for citizens and members of their families to live on the basis of the conclusion that there is no possibility of adapting the residential premises of the disabled person and common property in the apartment building in which the disabled person lives, taking into account the needs of the disabled person. and ensuring the conditions for their accessibility for a disabled person, issued in accordance with clause 20 of the Rules for ensuring the conditions for accessibility for disabled people of residential premises and common property in an apartment building, approved by Decree of the Government of the Russian Federation of July 9, 2016 N 649 "On measures to adapt residential premises and common property in an apartment building, taking into account the needs of people with disabilities. The Commission draws up in 3 copies an opinion on recognizing the dwelling as unsuitable for the residence of these citizens in the form in accordance with Appendix No. 1 to this Regulation and sends 1 copy to the appropriate federal executive body, executive body of a constituent entity of the Russian Federation or local government within 5 days , the second copy to the applicant (the third copy remains in the file formed by the commission).
Appendix No. 1
living quarters, living quarters
uninhabitable
and apartment building emergency
Government Decree
Russian Federation
List of changing documents
Conclusion
on the assessment of the conformity of the premises (apartment building)
the requirements established in the Regulations on the recognition of premises
residential premises, residential premises unsuitable for habitation
and an apartment building emergency and subject to
demolition or renovation
N __________
authority, executive authority of the subject of the Russian
convening a committee)
__________________________________________________________________
__________________________________________________________________
(full name, position held and place of work)
__________________________________________________________________
__________________________________________________________________
(full name, position held and place of work)
__________________________________________________________________
(full name, position held and place of work)
based on the results of the reviewed documents __________________________
__________________________________________________________________
(a list of documents is given)
and on the basis of an act of the interdepartmental commission, drawn up according to
survey results, ____________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
(a conclusion taken from the survey report is given (in the case of
conducting a survey), or it is indicated that, on the basis of
decision of the interdepartmental commission, the survey was not conducted)
adopted a conclusion on _____________________________________________
__________________________________________________________________
__________________________________________________________________
(substantiation of the decision adopted by the interdepartmental commission is given
conclusions on the assessment of the conformity of the premises
(apartment building) to the requirements established in the Regulation
on the recognition of premises as residential premises, residential premises
uninhabitable and apartment building emergency
and subject to demolition or reconstruction)
Appendix to the conclusion:
a) a list of considered documents;
b) an act of inspection of the premises (in the case of an inspection);
c) a list of other materials requested by the interdepartmental
commission;
d) dissenting opinion of the members of the interdepartmental commission:
_________________________________________________________________.
_____________________ ________________________________
(signature) (full name)
_____________________ ________________________________
(signature) (full name)
_____________________ ________________________________
(signature) (full name)
Appendix No. 2
to the Regulations on the recognition of premises
living quarters, living quarters
uninhabitable
and apartment building emergency
and subject to demolition, approved
Government Decree
Russian Federation
survey of the premises
__________________________________________________________________
(location of the premises, including the name
settlement and street, house and apartment numbers)
Interdepartmental commission appointed
_________________________________________________________________,
(appointed by, name of the federal executive body
authority, executive authority of the subject of the Russian
Federation, local government, date, decision number
convening a committee)
as part of the chairman _________________________________________________
(full name, position held
and place of work)
and members of the commission ________________________________________________
(full name, position held and place of work)
with the participation of invited experts _______________________________
__________________________________________________________________
__________________________________________________________________
(full name, position held and place of work)
and the invited owner of the premises or a person authorized by him
__________________________________________________________________
__________________________________________________________________
(full name, position held and place of work)
Inspected the premises at the request of ____________________
__________________________________________________________________
(details of the applicant: full name and address - for an individual,
name of the organization and position held -
for a legal entity)
and drew up this act of inspection of the premises _________________
_________________________________________________________________.
(address, ownership of the premises, cadastral number, year of entry
into operation)
Brief description of the condition of the dwelling, engineering systems
buildings, equipment and mechanisms and adjacent to the building
territory ___________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
_________________________________________________________________.
Information about non-compliance with established requirements
indicating the actual values of the indicator or a description
specific non-compliance _______________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
_________________________________________________________________.
Evaluation of the results of the instrumental control and
other types of control and research _____________________________
_________________________________________________________________.
(by whom the control (test) was carried out, according to what indicators, what
that must be taken to ensure safety or
creating normal conditions for permanent residence ___________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
_________________________________________________________________.
The conclusion of the interdepartmental commission on the results
inspection of the premises ___________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
_________________________________________________________________.
Appendix to the act:
a) the results of instrumental control;
b) results of laboratory tests;
c) research results;
d) expert opinions of design and survey and
specialized organizations;
e) other materials as decided by the interdepartmental commission.
Chairman of the interdepartmental commission
_____________________ ________________________________
(signature) (full name)
Members of the interdepartmental commission
_____________________ ________________________________
(signature) (full name)
_____________________ ________________________________
(signature) (full name)
_____________________ ________________________________
(signature) (full name)
_____________________ ________________________________
In accordance with Articles 15 and 32 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:
1. Approve the attached Regulations on recognizing the premises as residential premises, residential premises unfit for habitation and an apartment building as emergency and subject to demolition.
2. Recognize invalid the Decree of the Government of the Russian Federation of September 4, 2003 N 552 "On approval of the Regulations on the procedure for recognizing residential buildings (residential premises) unsuitable for habitation" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2003, N 37, Art. 3586).
Prime Minister
Russian Federation
M. Fradkov
Regulations on the recognition of premises as residential premises, residential premises unfit for habitation and an apartment building as emergency and subject to demolition
I. General provisions
1. This Regulation establishes the requirements for residential premises, the procedure for recognizing residential premises as habitable and the grounds on which the residential premises are recognized as unsuitable for habitation, and in particular, an apartment building is recognized as emergency and subject to demolition.
2. This Regulation applies to residential premises in operation, regardless of the form of ownership, located on the territory of the Russian Federation.
3. This Regulation does not apply to residential premises located in capital construction projects, the commissioning of which and state registration have not been carried out in accordance with the Town Planning Code of the Russian Federation.
4. Residential premises shall be recognized as isolated premises, which are intended for the residence of citizens, are immovable property and are suitable for habitation.
5. Residential premises are recognized:
residential building - an individually defined building, which consists of rooms, as well as premises for auxiliary use, designed to meet citizens' domestic and other needs related to their living in it;
apartment - a structurally separate room in an apartment building, providing direct access to the common areas in such a house and consisting of one or more rooms, as well as auxiliary rooms designed to meet citizens' domestic and other needs related to their living in such a building. separate room;
room - a part of a residential building or apartment intended for use as a place of direct residence of citizens in a residential building or apartment.
6. An apartment building is a collection of two or more apartments that have independent exits either to a land plot adjacent to a residential building or to common areas in such a building. An apartment building contains elements of the common property of the owners of premises in such a house in accordance with housing legislation.
It is not allowed to use premises for auxiliary use as residential premises, as well as premises that are part of the common property of the owners of premises in an apartment building.
7. Recognition of the premises as residential premises suitable (unsuitable) for the habitation of citizens, as well as an apartment building as emergency and subject to demolition, is carried out by an interdepartmental commission created for this purpose (hereinafter referred to as the commission), based on an assessment of the compliance of the indicated premises and the house with the requirements established in this Regulation .
The federal executive body creates, in accordance with the procedure established by it, a commission for assessing residential premises of the housing stock of the Russian Federation. The commission includes representatives of this federal executive body. An official of the said federal executive body shall be appointed as the chairman of the commission.
The executive authority of the constituent entity of the Russian Federation creates, in accordance with the procedure established by it, a commission for the assessment of residential premises of the housing stock of the constituent entity of the Russian Federation. The commission includes representatives of this executive authority of the constituent entity of the Russian Federation. An official of the said executive authority of a constituent entity of the Russian Federation shall be appointed as the chairman of the commission.
The local self-government body creates, in accordance with the procedure established by it, a commission for the assessment of residential premises of the municipal housing stock. The commission includes representatives of this local self-government body. The chairman of the commission is an official of the said local self-government body.
The commission also includes representatives of bodies authorized to carry out state control and supervision in the areas of sanitary and epidemiological, fire, industrial, environmental and other safety, consumer protection and human well-being, to inventory and register real estate objects located in urban and rural areas. settlements, other municipalities, necessary cases bodies of architecture, urban planning and relevant organizations.
The owner of the dwelling (a person authorized by him) and, if necessary, qualified experts of design and survey organizations with the right of a decisive vote, are involved in the work in the commission with the right of an advisory vote.
8. The local self-government body has the right to decide on the recognition of private residential premises located on the relevant territory as suitable (unsuitable) for citizens to live and to delegate to the commission the authority to assess the compliance of these premises with the requirements established in this Regulation and to decide on the recognition of these premises as suitable ( unsuitable) for habitation of citizens.
II. Requirements to be met by the property
9. Residential premises should be located mainly in houses located in a residential area in accordance with the functional zoning of the territory.
10. Bearing and enclosing structures of a dwelling, including those that are part of the common property of the owners of premises in an apartment building, must be in working order, in which the violations that occurred during operation in terms of deformability (and in reinforced concrete structures - in terms of crack resistance) do not lead to a violation of the performance and bearing capacity of structures, the reliability of a residential building and ensure the safe stay of citizens and the safety of engineering equipment.
The bases and load-bearing structures of a residential building, as well as the bases and load-bearing structures that are part of the common property of the owners of premises in an apartment building, must not be destroyed and damaged, leading to their deformation or cracking, reducing their load-bearing capacity and worsening the operational properties of structures or residential building as a whole.
11. The residential premises, as well as the common property of the owners of premises in an apartment building, must be arranged and equipped in such a way as to prevent the risk of injury to residents when moving inside and around the residential premises, when entering and leaving the residential premises and residential building , as well as when using engineering equipment and ensure the possibility of moving items of engineering equipment of the corresponding premises of apartments and auxiliary premises of the house, which are part of the common property of the owners of premises in an apartment building. At the same time, the slope and width of flights of stairs and ramps, the height of the steps, the width of the treads, the width of the landings, the height of the passages along the stairs, the basement, the attic, the size of the doorways should ensure the convenience and safety of movement and placement.
12. The dwelling must be provided with engineering systems (electric lighting, household and drinking and hot water supply, drainage, heating and ventilation, and in gasified areas also gas supply). In settlements without centralized engineering networks in one- and two-story buildings, the absence of running water and sewered latrines is allowed.
13. Engineering systems (ventilation, heating, water supply, drainage, elevators, etc.), equipment and mechanisms located in residential premises, as well as being part of the common property of the owners of premises in an apartment building, must comply with the requirements of sanitary and epidemiological safety. The device of the ventilation system of residential premises should exclude the flow of air from one apartment to another. It is not allowed to combine the ventilation ducts of kitchens and sanitary facilities (auxiliary premises) with living rooms.
The air exchange rate in all ventilated residential premises must comply with the standards established in the current regulatory legal acts.
14. Engineering systems (ventilation, heating, water supply, sanitation, elevators, etc.) located in residential premises, as well as being part of the common property of the owners of premises in an apartment building, must be placed and installed in accordance with the safety requirements established in current regulatory legal acts, and instructions from equipment manufacturers, as well as hygienic standards, including those regarding the permissible level of noise and vibration that are created by these engineering systems.
15. The external enclosing structures of the residential premises, which are part of the common property of the owners of premises in an apartment building, must have thermal insulation that ensures, during the cold season, the relative humidity in the inter-apartment corridor and living rooms is not more than 60 percent, the temperature of the heated premises is not less than +18 degrees Celsius. Celsius, as well as insulation from the penetration of outside cold air, vapor barrier from the diffusion of water vapor from the room, ensuring the absence of moisture condensation on the internal surfaces of non-translucent enclosing structures and preventing the accumulation of excessive moisture in the structures of a residential building.
16. Residential premises, as well as premises that are part of the common property of the owners of premises in an apartment building, must be protected from the penetration of rain, melt and ground water and possible domestic water leaks from engineering systems using structural means and technical devices.
17. Access to a dwelling located in an apartment building above the fifth floor, with the exception of the attic floor, must be carried out using an elevator.
18. The permissible height of an operated residential building and the floor area within the fire compartment, which is part of the common property of the owners of premises in an apartment building, must correspond to the constructive fire hazard class of the building and the degree of its fire resistance established in the current regulatory legal acts, and ensure the fire safety of the residential premises and housing as a whole.
19. In the residential area being reconstructed, when the location of sanitary facilities is changed, measures must be taken for hydro-, noise- and vibration isolation, provision of ventilation systems, and, if necessary, the ceilings on which the equipment of sanitary facilities is installed must be strengthened.
20. The space-planning solution of residential premises and their location in an apartment building, the minimum area of rooms and auxiliary premises intended to meet citizens' domestic and other needs related to their living in residential premises (except for the hallway and corridor) should provide the possibility of placing the necessary set of furniture and functional equipment, taking into account the requirements of ergonomics.
21. In a residential area, the required insolation must be provided for one-, two- and three-room apartments - at least in one room, for four-, five- and six-room apartments - at least in 2 rooms. The duration of insolation in the autumn-winter period of the year in a residential building for the central, northern and southern zones must meet the relevant sanitary standards. The coefficient of natural light in rooms and kitchens must be at least 0.5 percent in the middle of the dwelling.
22. The height (from floor to ceiling) of rooms and the kitchen (kitchen-dining room) in climatic regions IA, IB, IG, ID and IVa must be at least 2.7 m, and in other climatic regions - at least 2.5 m The height of intra-apartment corridors, halls, front, mezzanines should be at least 2.1 m.
23. The floor level of the dwelling located on the ground floor must be higher than the planned level of the ground.
Accommodation in the basement and basement floors is not allowed.
24. Placing a restroom, bathroom (shower) and kitchen above the rooms is not allowed. Placing a restroom, bathroom (shower) in the upper level above the kitchen is allowed in apartments located on 2 levels.
25. Rooms and kitchens in living quarters should have direct natural light.
Natural lighting may not have other auxiliary premises intended to meet citizens' domestic and other needs, as well as premises that are part of the common property of the owners of premises in an apartment building (corridors, lobbies, halls, etc.). The ratio of the area of light openings to the floor area of rooms and kitchens should be taken taking into account the lighting characteristics of windows and shading by opposing buildings, but not more than 1:5.5 and not less than 1:8, and for upper floors with light openings in the plane of inclined enclosing structures - at least 1:10.
26. In a residential area, the permissible sound pressure levels in octave frequency bands, the equivalent and maximum levels of sound and penetrating noise must comply with the values established in the current regulatory legal acts, and not exceed the maximum permissible sound level in rooms and apartments during the daytime of 55 dB , at night - 45 dB. At the same time, the permissible levels of noise generated in residential premises by ventilation systems and other engineering and technological equipment must be lower by 5 dBA of the indicated levels during the day and at night.
Inter-apartment walls and partitions must have an airborne sound insulation index of at least 50 dB.
27. In a residential area, the permissible levels of vibration from internal and external sources during the daytime and at night must comply with the values established in the current regulatory legal acts.
28. In a dwelling, the permissible level of infrasound must correspond to the values established in the current regulatory legal acts.
29. In a residential area, the intensity of electromagnetic radiation in the radio frequency range from stationary transmitting radio engineering objects (30 kHz - 300 GHz) must not exceed the permissible values established in the current regulatory legal acts.
30. In a residential area at a distance of 0.2 m from walls and windows and at a height of 0.5 - 1.8 m from the floor, the electric field strength of the industrial frequency of 50 Hz and the induction of the magnetic field of the industrial frequency of 50 Hz should not exceed 0.5, respectively. kV/m and 10 μT.
31. Inside a dwelling, the equivalent radiation dose rate should not exceed the dose rate permissible for open areas by more than 0.3 μSv / h, and the average annual equivalent equilibrium volume activity of radon in the air of operated premises should not exceed 200 Bq / cubic meter. m.
32. The concentration of harmful substances in the air of a dwelling should not exceed the maximum permissible concentrations for the atmospheric air of populated areas, established in the current regulatory legal acts. At the same time, the assessment of the conformity of a dwelling with the requirements that it must meet is carried out according to the maximum permissible concentrations of the most hygienically significant substances polluting the indoor air, such as nitrogen oxide, ammonia, acetaldehyde, benzene, butyl acetate, distylamine, 1,2-dichloroethane , xylene, mercury, lead and its inorganic compounds, hydrogen sulfide, styrene, toluene, carbon monoxide, phenol, formaldehyde, dimethyl phthalate, ethyl acetate and ethylbenzene.
III. Grounds for recognizing a dwelling as unfit for habitation and an apartment building as emergency and subject to demolition
33. The basis for recognizing a dwelling as unfit for habitation is the presence of identified harmful factors in the human environment that do not allow ensuring the safety of life and health of citizens due to:
deterioration due to physical wear and tear during the operation of the building as a whole or its individual parts of the operational characteristics, leading to a decrease to an unacceptable level of the reliability of the building, the strength and stability of building structures and foundations;
changes in the environment and microclimate parameters of the residential premises, which do not allow to ensure compliance with the necessary sanitary and epidemiological requirements and hygienic standards in terms of the content of chemical and biological substances potentially hazardous to humans, atmospheric air quality, the level of radiation background and physical factors of the presence of sources of noise, vibration, electromagnetic fields.
34. Residential premises located in prefabricated, brick and stone houses, as well as in wooden houses and houses made of local materials, with deformations of foundations, walls, load-bearing structures and a significant degree of biological damage to elements of wooden structures, which indicate the exhaustion of the bearing capacity and danger collapses are uninhabitable due to the recognition of an apartment building as emergency and subject to demolition.
35. Residential premises located in residential buildings located in areas where sanitary and epidemiological safety indicators are exceeded in terms of physical factors (noise, vibration, electromagnetic and ionizing radiation), concentrations of chemical and biological substances in the atmospheric air and soil, established in Section II of this Regulation, as well as in residential buildings located in industrial zones, zones of engineering and transport infrastructure and in sanitary protection zones, should be recognized as unsuitable for habitation in cases where it is impossible to minimize the risk criteria to an acceptable level by engineering and design solutions.
36. Residential premises located in hazardous areas of landslides, mudflows, snow avalanches, as well as in areas that are annually flooded by flood waters and where it is impossible to prevent flooding of the territory with the help of engineering and design solutions should be recognized as unsuitable for habitation. Apartment buildings located in these areas are recognized as emergency and subject to demolition.
37. Residential premises located in territories adjacent to an overhead power line of alternating current and other objects that create, at a height of 1.8 m from the earth's surface, an electric field strength of industrial frequency of 50 Hz of more than 1 kV / m and magnetic induction fields of industrial frequency 50 Hz more than 50 μT.
38. Residential premises located in apartment buildings that have been damaged as a result of explosions, accidents, fires, earthquakes, uneven subsidence of soils, as well as other complex geological phenomena, should be recognized as unsuitable for habitation, if restoration work is technically impossible or economically impractical and the technical condition of these houses and building structures is characterized by a decrease in bearing capacity and operational characteristics, in which there is a danger to the presence of people and the safety of engineering equipment. These apartment buildings are recognized as emergency and subject to demolition.
39. Rooms with windows overlooking highways, with a noise level above the maximum allowable norm specified in paragraph 26 of this Regulation, should be considered unsuitable for habitation if it is impossible to reduce the noise level to an acceptable value using engineering and design solutions.
40. Residential premises, above which or adjacent to them there is a device for washing the garbage chute and cleaning it, should be recognized as unsuitable for habitation.
41. Cannot serve as a basis for recognizing a dwelling as unfit for habitation:
lack of a centralized sewage system and hot water supply in a one- and two-story residential building;
the absence in a residential building of more than 5 floors of an elevator and a garbage chute, if this residential building, due to physical wear and tear, is in a limited working condition and is not subject to major repairs and reconstruction;
inconsistency of the space-planning solution of residential premises and their location with the minimum area of rooms and auxiliary premises of an apartment in an operated residential building, designed and built according to previously valid regulatory documentation, currently adopted space-planning solutions, if this solution meets the requirements of ergonomics in terms of placement of the necessary a set of pieces of furniture and functional equipment.
IV. The procedure for recognizing the premises as residential premises, residential premises unfit for habitation and an apartment building as emergency and subject to demolition
42. The commission, on the basis of an application from the owner of the premises or an application from a citizen (tenant), or on the basis of the conclusion of the bodies authorized to conduct state control and supervision, on issues within their competence, assesses the compliance of the premises with the requirements established in this Regulation and recognizes the residential premises as suitable (unsuitable) for habitation, and also recognizes the apartment building as emergency and subject to demolition.
43. When evaluating the compliance of the premises in operation with the requirements established in this Regulation, its actual condition is checked. At the same time, an assessment is made of the degree and category of the technical condition of building structures and a residential building as a whole, the degree of its fire resistance, the conditions for ensuring the evacuation of residents in the event of a fire, sanitary and epidemiological requirements and hygienic standards, the content of chemical and biological substances potentially hazardous to humans, the quality of atmospheric air, the level of radiation background and physical factors of sources of noise, vibration, the presence of electromagnetic fields, the parameters of the microclimate of the room, as well as the location of the dwelling.
44. The procedure for assessing the compliance of the premises with the requirements established in this Regulation includes:
acceptance and consideration of the application and supporting documents attached to it;
determination of the list of additional documents (conclusions of the relevant bodies of state control and supervision, the conclusion of the design and survey organization based on the results of the examination of the elements of the enclosing and load-bearing structures of the residential premises, the act of the state housing inspectorate of the constituent entity of the Russian Federation on the results of control measures carried out in relation to the residential premises), necessary for making a decision on recognizing the residential premises as corresponding (not corresponding) to the requirements established in this Regulation;
determination of the composition of involved experts from design and survey organizations based on the reasons why a dwelling can be recognized as non-residential, or to assess the possibility of recognizing a previously reconstructed non-residential premises as suitable for living;
the work of the commission for assessing the suitability (unsuitability) of residential premises for permanent residence;
drawing up by the commission of an opinion on recognizing the residential premises as corresponding (not corresponding) to the requirements established in this Regulation and suitable (unsuitable) for living (hereinafter referred to as the conclusion) and recognizing the apartment building as emergency and subject to demolition;
drawing up an act of examining the premises (if the commission decides on the need for an examination) and drawing up a conclusion by the commission based on the conclusions and recommendations specified in the act. At the same time, the recognition by the commission of an apartment building as emergency and subject to demolition can be based only on the results set forth in the conclusion of a specialized organization conducting the survey;
adoption by the relevant federal executive body, executive body of the constituent entity of the Russian Federation, local self-government body of a decision based on the results of the work of the commission;
transfer of one copy of the decision to the applicant and the owner of the residential premises (the third copy remains in the file formed by the commission).
45. To consider the issue of the suitability (unsuitability) of the premises for living and the recognition of an apartment building as emergency, the applicant submits the following documents to the commission along with the application:
notarized copies of title documents for residential premises;
a plan of a dwelling with its technical passport, and for a non-residential premises - a project for the reconstruction of a non-residential premises in order to recognize it as a residential premises in the future.
To recognize an apartment building as emergency, the conclusion of a specialized organization conducting an inspection of this house is also submitted.
At the discretion of the applicant, applications, letters, complaints from citizens about unsatisfactory living conditions can also be submitted.
If the applicant is a body authorized to carry out state control and supervision, the conclusion of this body is submitted to the commission, after consideration of which the commission invites the owner of the premises to submit the specified documents.
46. The Commission considers the received application or conclusion of the body authorized to conduct state control and supervision within 30 days from the date of registration and makes a decision (in the form of a conclusion) specified in paragraph 47 of this Regulation, or a decision to conduct an additional examination of the evaluated premises.
In the course of work, the commission has the right to appoint additional examinations and tests, the results of which are attached to the documents previously submitted for consideration by the commission.
47. Based on the results of the work, the commission makes one of the following decisions:
on the compliance of the premises with the requirements for residential premises, and its suitability for habitation;
on the need and possibility of major repairs, reconstruction or redevelopment (if necessary, with a feasibility study) in order to bring the characteristics of the residential premises lost during operation in accordance with the requirements established in this Regulation and, after their completion, to continue the assessment procedure;
on the non-compliance of the premises with the requirements for residential premises, indicating the grounds on which the premises are recognized as unsuitable for habitation;
on the recognition of an apartment building as emergency and subject to demolition.
The decision is made by a majority vote of the members of the commission and is drawn up in the form of a conclusion. If the number of votes "for" and "against" when making a decision is equal, the vote of the chairman of the commission is decisive. In case of disagreement with the decision taken, the members of the commission have the right to express their dissenting opinion in writing and attach it to the conclusion.
48. Upon completion of the work, the commission draws up a conclusion in 3 copies on recognizing the premises as suitable (unsuitable) for permanent residence in the form in accordance with Appendix No. 1.
49. In the case of an inspection of the premises, the commission draws up in 3 copies an act of inspection of the premises in the form in accordance with Appendix No. 2.
On the basis of the opinion received, the relevant federal executive body, executive body of the constituent entity of the Russian Federation, local government body makes a decision and issues an order indicating the further use of the premises, the terms for the resettlement of individuals and legal entities in the event that the house is recognized as emergency and subject to demolition or on the recognition of the need carrying out repair and restoration work.
50. In the event that an apartment building is recognized as emergency and subject to demolition, contracts for the rental and lease of residential premises are terminated in accordance with the law.
Contracts for residential premises recognized as unfit for habitation may be terminated at the request of any of the parties to the contract in a judicial proceeding in accordance with the law.
51. The commission sends 1 copy of the order and conclusion of the commission to the applicant within 5 days.
In the event that a dwelling is recognized as unfit for habitation due to the presence of the harmful effects of environmental factors that pose a particular danger to human life and health, or pose a threat of destruction of the building due to its emergency state, the decision is sent to the appropriate federal executive authority, executive authority of the subject of the Russian Federation. Federation, local government, homeowner and applicant no later than the business day following the day the decision is issued.
52. The decision of the relevant federal executive body, the executive body of the constituent entity of the Russian Federation, the local self-government body may be appealed by interested parties in a judicial proceeding.
V. Usage additional information to make a decision
53. In the event of a major overhaul, reconstruction or redevelopment of a dwelling in accordance with a decision made on the basis of the opinion specified in paragraph 47 of these Regulations, the commission, within a month after notification by the owner of the dwelling or a person authorized by him of their completion, conducts an inspection of the dwelling, draws up an inspection report and makes an appropriate decision, which brings it to the attention of interested parties.
54. For disabled people and other low-mobility groups of the population who use wheelchairs due to illness, the individual residential premises (apartment, room) occupied by them, at the request of citizens and on the basis of the presentation of medical documents corresponding to the disease, may be recognized by the commission as unsuitable for citizens and members to live. their families. The Commission draws up in 3 copies an opinion on recognizing the dwelling as unsuitable for the residence of these citizens in the form in accordance with Appendix No. 1 to this Regulation and sends 1 copy to the appropriate federal executive body, executive body of a constituent entity of the Russian Federation or local government within 5 days , the second copy to the applicant (the third copy remains in the file formed by the commission).
Popular answers to questions about housing and communal services
Are there any benefits for paying for housing and communal services for citizens registered with the employment service?Benefits for payment of housing and communal services for citizens registered with the employment service are not provided for by the current legislation ...
In fact, according to housing legislation, apartment owners must pay for major repairs today, and the full amount. However, in this case, the state takes on this task by 95 percent. Why not one hundred percent? One of the goals of the program is to teach residents to feel responsible for their home. As it usually happens with us: everything that is beyond the threshold of the apartment is common, which means “no one's”. Therefore, there are not enough light bulbs in the entrances, and mailboxes- one name. Another thing is when everything in the house contains a piece of your hard-earned money. The tenant will think a hundred times before ruining the wall of the elevator, for which he personally paid. 5% in terms of all apartment owners is quite a bit. For example, to repair the roof, the owners of the apartment will need to pay 500 rubles each. Completely replace the elevators in a multi-access nine-story building - 1000 rubles each. Moreover, this amount may not be paid immediately, but in installments and for quite a long time ...
2. Recognize invalid the Decree of the Government of the Russian Federation of September 4, 2003 N 552 "On approval of the Regulations on the procedure for recognizing residential buildings (residential premises) unsuitable for habitation" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2003, N 37, Art. 3586).
Position
on the recognition of the premises as residential premises, residential premises unfit for habitation and an apartment building as emergency and subject to demolition
(approved by Decree of the Government of the Russian Federation of January 28, 2006 N 47)
1. This Regulation establishes the requirements for residential premises, the procedure for recognizing residential premises as habitable and the grounds on which the residential premises are recognized as unsuitable for habitation, and in particular, an apartment building is recognized as emergency and subject to demolition.
3. This Regulation does not apply to residential premises located in capital construction projects, the commissioning of which and state registration have not been carried out in accordance with the Russian Federation.
residential building - an individually defined building, which consists of rooms, as well as premises for auxiliary use, designed to meet citizens' domestic and other needs related to their living in it;
apartment - a structurally separate room in an apartment building, providing direct access to the common areas in such a house and consisting of one or more rooms, as well as auxiliary rooms designed to meet citizens' domestic and other needs related to their living in such a building. separate room;
6. An apartment building is a collection of two or more apartments that have independent exits either to a land plot adjacent to a residential building or to common areas in such a building. An apartment building contains elements of the common property of the owners of premises in such a house in accordance with housing legislation.
It is not allowed to use premises for auxiliary use as residential premises, as well as premises that are part of the common property of the owners of premises in an apartment building.
7. Recognition of the premises as residential premises suitable (unsuitable) for the habitation of citizens, as well as an apartment building as emergency and subject to demolition, is carried out by an interdepartmental commission created for this purpose (hereinafter referred to as the commission), based on an assessment of the compliance of the indicated premises and the house with the requirements established in this Regulation .
The federal executive body creates, in accordance with the procedure established by it, a commission for assessing residential premises of the housing stock of the Russian Federation. The commission includes representatives of this federal executive body. An official of the said federal executive body shall be appointed as the chairman of the commission.
The executive authority of the constituent entity of the Russian Federation creates, in accordance with the procedure established by it, a commission for the assessment of residential premises of the housing stock of the constituent entity of the Russian Federation. The commission includes representatives of this executive authority of the constituent entity of the Russian Federation. An official of the said executive authority of a constituent entity of the Russian Federation shall be appointed as the chairman of the commission.
The local self-government body creates, in accordance with the procedure established by it, a commission for the assessment of residential premises of the municipal housing stock. The commission includes representatives of this local self-government body. The chairman of the commission is an official of the said local self-government body.
The commission also includes representatives of bodies authorized to carry out state control and supervision in the areas of sanitary and epidemiological, fire, industrial, environmental and other safety, consumer protection and human well-being, to inventory and register real estate objects located in urban and rural areas. settlements, other municipalities, where necessary, bodies of architecture, urban planning and relevant organizations.
The owner of the dwelling (a person authorized by him) and, if necessary, qualified experts of design and survey organizations with the right of a decisive vote, are involved in the work in the commission with the right of an advisory vote.
8. The local self-government body has the right to decide on the recognition of private residential premises located on the relevant territory as suitable (unsuitable) for citizens to live and to delegate to the commission the authority to assess the compliance of these premises with the requirements established in this Regulation and to decide on the recognition of these premises as suitable ( unsuitable) for habitation of citizens.
10. Bearing and enclosing structures of a dwelling, including those that are part of the common property of the owners of premises in an apartment building, must be in working order, in which the violations that occurred during operation in terms of deformability (and in reinforced concrete structures - in terms of crack resistance) do not lead to a violation of the performance and bearing capacity of structures, the reliability of a residential building and ensure the safe stay of citizens and the safety of engineering equipment.
The bases and load-bearing structures of a residential building, as well as the bases and load-bearing structures that are part of the common property of the owners of premises in an apartment building, must not be destroyed and damaged, leading to their deformation or cracking, reducing their load-bearing capacity and worsening the operational properties of structures or residential building as a whole.
11. The residential premises, as well as the common property of the owners of premises in an apartment building, must be arranged and equipped in such a way as to prevent the risk of injury to residents when moving inside and around the residential premises, when entering and leaving the residential premises and residential building , as well as when using engineering equipment and ensure the possibility of moving items of engineering equipment of the corresponding premises of apartments and auxiliary premises of the house, which are part of the common property of the owners of premises in an apartment building. At the same time, the slope and width of flights of stairs and ramps, the height of the steps, the width of the treads, the width of the landings, the height of the passages along the stairs, the basement, the attic, the size of the doorways should ensure the convenience and safety of movement and placement.
12. The dwelling must be provided with engineering systems (electric lighting, household and drinking and hot water supply, drainage, heating and ventilation, and in gasified areas also gas supply). In settlements without centralized engineering networks in one- and two-story buildings, the absence of running water and sewered latrines is allowed.
13. Engineering systems (ventilation, heating, water supply, drainage, elevators, etc.), equipment and mechanisms located in residential premises, as well as being part of the common property of the owners of premises in an apartment building, must comply with the requirements of sanitary and epidemiological safety. The device of the ventilation system of residential premises should exclude the flow of air from one apartment to another. It is not allowed to combine the ventilation ducts of kitchens and sanitary facilities (auxiliary premises) with living rooms.
14. Engineering systems (ventilation, heating, water supply, sanitation, elevators, etc.) located in residential premises, as well as being part of the common property of the owners of premises in an apartment building, must be placed and installed in accordance with the safety requirements established in current regulatory legal acts, and instructions of equipment manufacturers, as well as with hygienic standards, including those regarding the permissible level of noise and vibration that are created by these engineering systems.
15. The external enclosing structures of the residential premises, which are part of the common property of the owners of premises in an apartment building, must have thermal insulation that ensures, during the cold season, the relative humidity in the inter-apartment corridor and living rooms is not more than 60 percent, the temperature of the heated premises is not less than +18 degrees Celsius. Celsius, as well as insulation from the penetration of outside cold air, vapor barrier from the diffusion of water vapor from the room, ensuring the absence of moisture condensation on the internal surfaces of non-translucent enclosing structures and preventing the accumulation of excessive moisture in the structures of a residential building.
of the Russian Federation of December 29, 2004, “residential premises are recognized as isolated premises, which are immovable property and suitable for permanent residence of citizens (meets the established sanitary and technical rules and norms, other requirements of the legislation).
In accordance with Article 15 of the Housing Code of the Russian Federation, “a dwelling may be declared unfit for habitation on the grounds and in the manner established by the federal executive body authorized by the Government of the Russian Federation.”
Decree of the Government of the Russian Federation dated January 28, 2006 “On Approval of the Regulations on Recognizing Premises as Residential Premises, Residential Premises Unfit for Habitation and an Apartment Building as Emergency and Subject to Demolition” highlights the following grounds for recognizing a residential premise as unfit for habitation and an apartment building as emergency and subject to demolition:
1. The presence of identified harmful factors of the human environment that do not allow to ensure the safety of life and health of citizens due to: deterioration due to physical wear and tear during the operation of the building as a whole or its individual parts of operational characteristics, leading to a decrease to an unacceptable level of reliability of the building, strength and stability of building structures and foundations; changes in the environment and microclimate parameters of the residential premises, which do not allow to ensure compliance with the necessary sanitary and epidemiological requirements and hygienic standards in terms of the content of chemical and biological substances potentially hazardous to humans, atmospheric air quality, the level of radiation background and physical factors of the presence of sources of noise, vibration, electromagnetic fields.
2. Residential premises located in prefabricated, brick and stone houses, as well as in wooden houses and houses made of local materials, with deformations of foundations, walls, load-bearing structures and a significant degree of biological damage to elements of wooden structures, which indicate the exhaustion of the bearing capacity and danger collapse.
3. Residential premises located in residential buildings located in areas where sanitary and epidemiological safety indicators are exceeded in terms of physical factors (noise, vibration, electromagnetic and ionizing radiation), concentrations of chemical and biological substances in the atmospheric air and soil (nitrogen oxide , ammonia, acetaldehyde, benzene, butyl acetate, distylamine, 1,2-dichloroethane, xylene, mercury, lead and its inorganic compounds, hydrogen sulfide, styrene, toluene, carbon monoxide, phenol, formaldehyde, dimethyl phthalate, ethyl acetate and ethylbenzene), as well as in residential buildings located in industrial zones, zones of engineering and transport infrastructure and in sanitary protection zones should be recognized as uninhabitable in cases where it is impossible to minimize the risk criteria to an acceptable level by engineering and design solutions.
4. Residential premises located in hazardous areas of landslides, mudflows, snow avalanches, as well as in areas that are flooded annually by flood waters and where it is impossible to prevent flooding of the territory with the help of engineering and design solutions. Apartment buildings located in these areas are recognized as emergency and subject to demolition or reconstruction.
5. Residential premises located in the zone of probable destruction in case of man-made accidents, determined by the authorized federal executive body, if it is impossible to prevent the destruction of residential premises with the help of engineering and design solutions. Apartment buildings located in these areas are recognized as emergency and subject to demolition or reconstruction. The zone of probable destruction in case of technogenic accidents is understood as the territory within which residential premises and apartment buildings are located, which are threatened with destruction in connection with the occurred technogenic accident.
6. Residential premises located in territories adjacent to an overhead power line of alternating current and other objects that create, at a height of 1.8 m from the earth's surface, an electric field strength of industrial frequency 50 Hz of more than 1 kV / m and an induction of a magnetic field of industrial frequency of 50 Hz more than 50 μT.
7. Residential premises located in apartment buildings damaged as a result of explosions, accidents, fires, earthquakes, uneven subsidence of soils, as well as other complex geological phenomena, are recognized as unsuitable for habitation, if restoration work is technically impossible or economically inexpedient and the technical condition of these houses and building structures is characterized by a decrease in the bearing capacity and operational characteristics, in which there is a danger to the presence of people and the safety of engineering equipment. These apartment buildings are recognized as emergency and subject to demolition.
8. Rooms with windows overlooking highways, with a noise level above the maximum allowable norm (during the daytime 55 dB, at night - 45 dB) are considered unsuitable for living if it is impossible to reduce the noise level to an acceptable value using engineering and design solutions .
9. Living quarters, above which or adjacent to them there is a device for washing the garbage chute and cleaning it.
It cannot serve as a basis for declaring a dwelling unsuitable for habitation:
1. Lack of a centralized sewage system and hot water supply in one and two-story residential buildings.
2. Absence in a residential building of more than 5 floors of an elevator and a garbage chute, if this residential building, due to physical wear and tear, is in a limited working condition and is not subject to major repairs and reconstruction.
3. Inconsistency of the space-planning decision of residential premises and their location with the minimum area of rooms and auxiliary premises of the apartment in the operated residential building, designed and built according to the previously valid regulatory documentation, currently adopted space-planning decisions, if this solution satisfies the requirements of ergonomics in terms of placement of the necessary set of furniture and functional equipment.
The Housing Code of the Russian Federation in article 32 regulates the following procedure for the withdrawal of residential premises from the owner:
1. Residential premises may be withdrawn from the owner by way of redemption in connection with the withdrawal of the relevant land plot for state or municipal needs. The redemption of a part of a dwelling is allowed only with the consent of the owner. Depending on for whose needs the land plot is withdrawn, the purchase of residential premises is carried out by the Russian Federation, the relevant subject of the Russian Federation or a municipality.
2. The decision to withdraw a dwelling is made by the body state power or local government.
3. The decision of a state authority or a local self-government body to withdraw a dwelling is subject to state registration.
4. The owner of the residential premises, not later than one year before the upcoming withdrawal of this premises, must be notified in writing about decision on the withdrawal of the dwelling belonging to him, on the date of state registration of such a decision by the body that made the decision on the withdrawal. Redemption of a dwelling before the expiration of a year from the date of receipt by the owner of such notification is allowed only with the consent of the owner.
5. The owner of the residential premises subject to withdrawal, from the moment of state registration of the decision on the withdrawal of this premises until an agreement is reached or a decision is made by the court on the redemption of the residential premises, may own, use and dispose of it at its own discretion and produce necessary costs ensuring the use of the premises in accordance with its purpose. The owner bears the risk of attributing to him, when determining the redemption price of the dwelling, the costs and losses associated with the investments made during the specified period, which significantly increase the cost of the withdrawn dwelling.
6. The redemption price of a dwelling, the terms and other conditions for the redemption are determined by an agreement with the owner of the dwelling.
7. When determining the redemption price of a dwelling, it shall include the market value of the dwelling, as well as all losses caused to the owner of the dwelling by its withdrawal, including losses that he incurs in connection with a change in the place of residence, temporary use of another dwelling before acquiring ownership another dwelling, moving, searching for another dwelling to acquire ownership of it, registration of ownership of another dwelling, early termination of one's obligations to third parties, including lost profits.
8. By agreement with the owner of a dwelling, he may be provided with another dwelling in exchange for the withdrawn dwelling, with its value included in the redemption price.
9. If the owner of the dwelling does not agree with the decision to withdraw the dwelling, or if an agreement has not been reached with him on the redemption price of the dwelling or other conditions for its redemption, the state authority or local self-government body that made such a decision may file a claim with the court for the redemption residential premises. A claim for the redemption of a dwelling may be filed within two years from the date of sending a notice to the owner of the dwelling about the withdrawal of the dwelling.
10. The recognition of an apartment building as emergency and subject to demolition or reconstruction is the basis for presenting a demand to the owners of premises in the said building for its demolition or reconstruction within a reasonable time. In the event that these owners did not carry out the demolition or reconstruction of the said house within the prescribed period, the land plot on which the said house is located is subject to withdrawal for municipal needs and, accordingly, each dwelling in the said house is subject to withdrawal, with the exception of dwellings owned on the right property of the municipality.
11. If in relation to the territory on which an apartment building is located, recognized as emergency and subject to demolition or reconstruction, a decision is made to develop the built-up area in accordance with the legislation of the Russian Federation on urban planning, the body that made the decision to recognize such a house as emergency is obliged present to the owners of the premises in the specified house a demand for its demolition or reconstruction and establish a period of at least six months for filing an application for a permit for the construction, demolition or reconstruction of the specified house. In the event that the owner or owners of an apartment building fails to submit an application for a permit for the construction, demolition or reconstruction of such a house within the prescribed period, the land plot on which the said house is located and the living quarters in the said house shall be subject to withdrawal for municipal needs.
12. Withdrawal of a land plot on which an apartment building is located, recognized as emergency and subject to demolition or reconstruction, and residential premises in such a house before the expiration of the period specified in paragraph 11, is allowed only with the consent of the owner.
The current version of the Law of the city of Moscow dated May 31, 2006 "On ensuring the housing rights of citizens during the resettlement and release of residential premises (residential buildings) in the city of Moscow" contains the following provisions regarding the resettlement of owners of residential premises:
1. Owners who vacate residential premises (residential houses) shall be provided with an equivalent compensation (compensation) or redemption price at their choice in cash or in kind. The amount of compensation (compensation) or the redemption price is determined by agreement of the parties on the basis of an independent assessment.
2. The amount of monetary compensation (compensation) to the owner must correspond to the market value of the vacated dwelling.
Cash compensation (compensation) to the owner is provided in a non-cash form and is used to purchase a dwelling or for other purposes if the owner has another dwelling in respect of which the owner has the right to use or the right of ownership. Reimbursement (compensation) in kind is provided to the owner in the form of another well-appointed residential premises by concluding an exchange agreement or another agreement that determines the transfer of ownership of residential premises.
The value of the living quarters provided as compensation in kind must correspond to the market value of the vacated living quarters, with the exception of cases specified by law.
3. When determining the redemption price of the residential premises (residential house) withdrawn from the owner in connection with the withdrawal of the land plot, it shall include the market value of the vacated residential premises (residential house), as well as all losses caused to the owner in connection with its withdrawal, the compensation of which provided by federal law for the withdrawal of residential premises. By agreement with the owner of the dwelling, he may be provided with another dwelling in exchange for the withdrawn dwelling, with its value included in the redemption price.
4. With the consent of the owner, an exchange agreement may be concluded with him, in accordance with which the owner is provided with another well-equipped residential premises, equivalent to the vacated residential premises. At the same time, an equivalent residential premises is recognized as a residential premises, the area of \u200b\u200bwhich is not less area of the vacated dwelling, and the number of rooms corresponds to the number of rooms in the vacated dwelling. In this case, an additional payment for the difference in the cost of the exchanged residential premises is not charged.
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