The gift is not for everyone

Emergency housing is living quarters that are in poor condition, so such housing cannot be used by people for permanent residence. The state is trying in various ways to vacate such houses by evicting citizens, after which they can get new apartments. At the same time, some people want to buy such housing in order to further count on new real estate.

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Is it possible to sell housing that is considered unsafe?

There is no strict prohibition in the legislation, on the basis of which it is not permitted to draw up a purchase and sale agreement for an apartment located in a dilapidated building.

Therefore, this can be done, but if this is carried out immediately before the eviction of citizens, then such a transaction may be considered fraudulent.

How emergency housing is sold

This process is practically no different from selling any other apartment.

Important! The only exception is that the seller, who has found a buyer for the housing, is obliged to notify him that it is the apartment that is being sold, which is located in a house entered in the register as an emergency building.

It is advisable for the buyer himself, before signing the contract, to check the information by obtaining an extract from the Unified State Register of Real Estate, since many people usually keep silent about the fact that their house will soon be demolished.

Although there is no ban on the sale of such housing, sellers face certain restrictions:

• It is not allowed to sign a purchase and sale agreement if there is already a court decision to forcibly evict the owner of the apartment, if he himself refused the redemption price or a new similar housing, which leads to the filing of a claim in court by the municipality;
• the owner has already entered into an agreement with the municipality that the redemption price will be paid to him or the property will be exchanged.

Important! The decision that a structure is unsafe is made by a special interdepartmental commission, for which a specialized technical examination is first carried out.

What are the benefits of buying emergency apartments? Watch in this video:

Legislative regulation

The sale of emergency housing must be carried out taking into account legislative norms, which include:

• Art. 32, 86-89 ZhK;
• PP No. 47, containing information about what requirements housing must meet, as well as under what conditions further residence in it is not allowed;
• Federal Law No. 185 indicates how issues are regulated on the basis of which the state provides financial support to owners of apartments in a dilapidated building.

All owners of such housing should carefully study all these regulations.

In what order is emergency housing resettled? See the link.

Buying an apartment in a dilapidated building

Svetlana

01 March 2020

Today, many people are familiar with the concept of relocating from dilapidated housing or buying an apartment in a dilapidated building as a way to get normal housing in the future . Emergency housing is considered to be housing in which it is impossible to live permanently. However, it is possible to recognize a house as unsafe not only on the basis of a technical analysis of the condition of the house, but also as a result of a legal assessment of certain aspects.

Buying an apartment in a dilapidated building: nuances and subtleties

If a house is declared unsafe, it does not automatically follow that all its residents will immediately be given new housing, or that local authorities will immediately begin a major overhaul of the building. In practice, people wait for years for their turn to be resettled. And during this time, many reasonably decide to sell such housing and buy something else for themselves.

The sale of emergency housing is not prohibited by law. And many are betting on buying just such a home. Since it costs significantly less, and in the future there is a chance to get full-fledged housing without additional expenses or, in return, limit yourself to compensation. The citizen who purchased such housing will be subject to the same guarantees and rights as the people who lived in such a house before the transaction.

In principle, the purchase and sale transaction of emergency housing according to the scheme is no different from the purchase and sale of other residential properties. But in this case, the seller has a direct obligation to inform the buyer that the housing being sold has the status of an emergency. This status is given to housing by the local authority on the basis of appropriate technical and legal expertise. The accident rate of the facility is also necessarily reflected in the contract. Potential buyers can also learn that a residential property is in disrepair from an extract from the Unified State Register.

It is not prohibited to register in emergency housing after purchase. Of course, purchasing emergency housing is in many ways a risky business. And the first thing you should do if you want to buy housing in a dilapidated house is to find out before the transaction whether the relocation program applies to this house. The emergency status does not mean that the house was included in the relocation program. After all, there are a huge number of such houses throughout the country. And the state spends significant money on resettlement. And first of all, those houses whose emergency status appeared before 2012 are subject to resettlement.

It is also important that the laws do not define specific deadlines for when a specific emergency house must be resettled. There is also no regulation regarding the timing of payment of compensation and its amount. These issues are resolved in each region based on its own conditions and parameters. The owner of emergency housing cannot know in advance in what type of building a new apartment will be provided to him. There are certain subtleties when calculating the replacement of old living space.

Is it possible to buy an apartment in a dilapidated building on credit?

If you are going to buy emergency housing with the help of borrowed funds (credit), then you should be aware that banks extremely rarely approve such plans and respond positively to the request. Even if the bank agrees to provide a loan for the purchase of an apartment in disrepair, it will ask you to insure such property. And the cost of insuring such objects, as a rule, is also very significant.

By law, the purchase of emergency housing cannot be carried out using maternity capital funds, even partially.

Take these nuances into account. After all, if in the future, without waiting for resettlement (compensation), you also want to sell the damaged housing, then the circle of potential buyers will be noticeably reduced.

Rules for providing compensation in exchange for emergency housing

There are also rules for providing compensation instead of other housing in exchange for emergency housing. In essence, compensation comes down to the redemption price for emergency housing, when such housing is purchased from the owner by the municipality. It is possible to receive the redemption price only with your consent.

This means that if you urgently want to get a new home, then they cannot impose a purchase price on you in return. The redemption price itself consists of the market price of the emergency housing confiscated from you, as well as the costs incurred in connection with the repossession of the housing itself, the costs associated with finding and moving to another home, and the costs of registering a new home. Lost profits are also included in the redemption price.

The Supreme Court specified the costs covered by the redemption price. Thus, it should include the services of real estate agencies if a person turned to them, for example, to purchase and register a new home. When calculating the redemption price, the value of the land under the dilapidated house should also be taken into account, since it is also the property of the person who owns the dilapidated apartment.

Standard sale

The sale of existing housing is carried out in a standard sequence of actions.

For this, the following nuances are taken into account:

• the property owner must warn the buyer that the apartment being sold is actually located in a building recognized as unsafe;
• this fact is included in a separate clause in the contract, otherwise the transaction can quite easily be declared invalid through the court, since it is considered that the buyer is being misled;
• usually the buyer is a person who wants to get another living space in a new house instead of an emergency apartment;
• Also, buyers often expect to receive a high redemption price, which will be sufficient to further choose the optimal purchase option.

Otherwise, all actions by the seller and buyer are carried out similarly to those actions that must be performed when selling a regular apartment.

What difficulties may a buyer encounter?

Since emergency housing is being purchased, you should first check whether the apartment is included in the program on the basis of which the owners are expected to move to other premises.

Only under such conditions will the new owners be able to count on the redemption price or a new apartment.

Before purchasing an apartment in a dilapidated building, you should make sure that the house is included in the resettlement program.

Also, when purchasing such housing, you may encounter other difficulties:

• the resettlement program is carried out individually for each region, so there are no strict deadlines during which the apartment owner will be able to receive compensation or a new residential property;
• if a new apartment is issued, then there is no information about what kind of living space it will have, as well as where it will be located, and what type of housing it will belong to;
• It will be impossible to get a mortgage loan from a bank if you are buying a dilapidated home, and even if you manage to get approval, you will need expensive insurance, which significantly increases the buyer’s expenses and risks;
• It will not be possible to use maternity capital funds for such a purchase, since the program is intended for the purchase of optimal housing for life, which does not include a dilapidated or dilapidated apartment.

Due to the above difficulties, purchasing emergency housing is considered a rather specific and not very attractive procedure.

What is the size of the redemption price?

This indicator is determined by municipal employees, but they involve the homeowner himself in this process.

Often disagreements arise regarding this meaning, and they have to be resolved through the courts.

As soon as the redemption price is determined, this amount is paid to the owner of the apartment. He can use it at his own discretion.

Should residents pay for utilities in a dilapidated building? Read here.

How does the repossession of an apartment take place?

Often the house is not in disrepair, but the land under it is required by the municipality for various purposes. Most often this is due to the development of the quarter. Most of these houses are old, so in any case they would soon need to be demolished.

Can apartments be seized from tenants?

If such a house needs to be resettled, then the municipal authorities buy the apartments from the residents. This does not apply to non-privatized properties, since tenants must be offered similar living space in another building.

Initially, the mayor's office must make the appropriate decision. It is registered in Rosreestr.

Relevant notices regarding the purchase of housing must be sent to residents no later than one year in advance. Before the end of this period, a buyout agreement must be signed with each citizen.

Important! If the owners refuse to sell, they can be forced to do so through the courts.

Before signing an agreement to purchase real estate, the owner of the property can dispose of it at his own discretion, for which he can sell or lease it.

Is it possible to register in a house recognized as unsafe?

There are no prohibitions in the legislation regarding this issue, so citizens can register in such housing.

What violations occur when moving from emergency housing? How to deal with them? I'll answer here.

Registration in emergency housing is not prohibited by law.

But usually this process will be refused by the regional administration. This is due to the fact that all residents will move from this house, so if additional people are registered, this will lead to the need to offer citizens larger real estate.

Such a refusal by municipal authorities is easily recognized as illegal, for which it can be appealed in court. A ban can only be imposed on the privatization of an apartment located in an emergency building.

Both family members of the owner and the tenant can register in an emergency apartment.

If a family lives in an apartment that belongs to the municipality, then in order to register any person they will have to obtain permission from the authorities. The fact is that, according to Art. 70 housing complexes, people can be registered in housing until the rules regarding the optimal area per person are violated.

Article 70. The right of the tenant to move other citizens into the residential premises he occupies under a social tenancy agreement as members of his family

1. The tenant, with the written consent of his family members, including temporarily absent family members, has the right to move into the residential premises he occupies under a social tenancy agreement his spouse, his children and parents, or with the written consent of his family members, in including temporarily absent members of his family, and the landlord - other citizens as members of his family living with him. The landlord may prohibit the move-in of citizens as family members living with the tenant if, after their move-in, the total area of ​​the relevant residential premises per family member is less than the accounting norm. The consent of the other members of the tenant's family and the consent of the landlord are not required to move in with the parents of their minor children.

2. Moving into residential premises of citizens as members of the tenant’s family entails a change in the relevant social tenancy agreement for residential premises in terms of the need to indicate in this agreement a new member of the tenant’s family.

Typically, municipal authorities refuse to allow tenants to register an additional family member if the house has already been declared unsafe.

How to get money for emergency housing

Since 2014, I have been dealing with the problems of emergency housing in Arkhangelsk. The judicial practice that has developed today throughout the country cannot but rejoice. There are positive aspects for both owners and tenants. I would like to focus attention specifically on the rights of those persons who own premises in apartment buildings in disrepair on the right of ownership.

Who is responsible for emergency housing?

Your property is your problem. This statement in the context of the issue under consideration is incorrect. Owners of dilapidated housing have Art. 32 Housing Code of the Russian Federation. It sets out in sufficient detail (albeit very confusingly) their rights in the event that the premises are declared unfit for habitation.

Just a few years ago, the provisions of this article were taken extremely seriously by the courts. I believe the reasons for this will be clear from the following.

Let's take a closer look at the question of how to get money for emergency housing. The entire procedure is fully described in Art. 32 Housing Code of the Russian Federation. It consists of separate stages.

First stage: recognition of the house as unsafe

Several years ago, in order to recognize a house as unsafe in Arkhangelsk (as well as in any other city), it was enough to submit a corresponding application to the local administration. An interdepartmental commission was convened and a conclusion was prepared. Now the conclusion of the interdepartmental commission should be based on examination. The easiest way to recognize a house as unsafe is to order an expert opinion and submit it to the local administration

Stage two: requirement for demolition or reconstruction within a reasonable time

The house is recognized as unsafe - the owners must be sent a demand for its demolition or reconstruction within a reasonable time. The administration may delay the process by not sending the specified requirement. In this case, you must go to court.

The case will be considered in the manner prescribed by the CAS of the Russian Federation. The requirement sounds like this: “to recognize as unlawful the inaction of the Administration of _____________ to carry out the preliminary procedure for the seizure of residential premises in a residential building located at the address: _______________ recognized as unsafe and subject to demolition and to oblige ___________, within a month from the moment the court decision enters into legal force, to present to ___________ a demand for it demolition or reconstruction of the house within a reasonable time.”

Example solution HERE.

Note 1: It is not necessary for all owners to go to court. One person is enough. The court obliges the administration to send the demand to it. The administration cannot send the demand to only one owner and therefore sends it to everyone.

Note 2: often the administration sends the specified requirement, but the deadline is unreasonable. Based on judicial practice, we can conclude that a period exceeding 6 months is unreasonable. The term can be reduced again through the court. Requirement: “to recognize as illegal the requirement for the demolition of a dilapidated multi-apartment residential building at the address: _______________ in terms of the period for its implementation and oblige the Administration of _________________ no later than one month from the date of entry into force of the court decision to change the requirement for the demolition of a dilapidated multi-apartment residential building at the address: _________________, sent to the Administrative Plaintiff, determining the deadline for its execution no later than ________.”

Example solution HERE.

Third stage: decision to seize

The administration makes and sends to the owner a decision to seize the land plot on which the dilapidated residential building is located. The land plot is confiscated, and, consequently, the emergency house and all the individual premises located in it are confiscated.

The administration is inactive - again we file an administrative claim. Requirement: “to recognize the inaction of the Administration of _______________ as illegal and to oblige the Administration of __________, no later than one month from the moment the court decision enters into legal force, to make a decision on the seizure for municipal needs of the land plot on which the residential building _______________ is located and, accordingly, make a decision on the seizure premises owned by ______, located at the address: ______________________, determining the redemption price of the seized residential premises, terms and other conditions of redemption.”

Example solution HERE.

Stage four: receiving compensation for emergency housing

The administration must send the owner an agreement that specifies the terms of the purchase. If she does not send this agreement or the indicated amounts are not satisfactory, then you can order an appraisal examination and go to court.

The redemption price includes the market value of the residential premises, compensation for major repairs not carried out, losses associated with relocation, and other things. More details can be found in paragraph 7. Art. 32 Housing Code of the Russian Federation.

Example solution HERE.

Problems of judicial practice on emergency housing

Judicial practice on emergency housing issues has not yet been established. Current issues: who has the right to receive compensation for major repairs not carried out, whether it is necessary to evaluate the land plot separately, and so on.

For example, in Arkhangelsk in September 2020, the judicial practice on the issue of recovery of losses associated with relocation changed. Previously, courts were satisfied with the calculation of losses made by experts. Without question they charged 100 – 130 thousand rubles. Now the courts believe that these losses can only be recovered by checks (actual costs incurred). It is curious that previously even the local administration included unincurred losses in the seizure agreements.

As of the date of writing this article, judicial practice on emergency housing issues corresponds to the above. What will happen next is unknown to anyone. We can only say with confidence that the problems of emergency housing need to be solved without delay.

Added: 17:23 06/03/2019

Addition dated 06/03/2019:

The text contains links to court decisions. They do not open because the structure of court websites has recently changed. It is not possible to make changes to the article due to technical reasons. For this reason, I leave links to current judicial practice on emergency housing in the city of Arkhangelsk here:

Oblige to send a demand for demolition.

Change the deadline in the request for the demolition of a dilapidated house.

Oblige the adoption of a seizure order.

Collect compensation for the seized emergency premises.

Good luck to all)

Is it permissible to impose a ban on sales?

It is allowed to sell an apartment if it is in a dilapidated building, but only if there are a few days left before relocation.

Important! This process is allowed even if the homeowner has debts for housing and communal services.

If there are debts, you will have to pay them before selling, and it is also possible to deduct them from the price of the apartment. In this case, a special receipt is attached to the purchase and sale agreement.

It is not allowed to sell housing if it is pledged to a bank or other similar institution.

Pros and cons of buying emergency housing

Purchasing an apartment located in a dilapidated building has both pros and cons.

Thus, purchasing an apartment located in a dilapidated building is not without its disadvantages, so it is usually rational to use such a purchase if you do not plan to live in the housing until it is exchanged for another apartment.

Is it worth buying

Before purchasing such an apartment, you should evaluate all the advantages and disadvantages, and also get a lot of information about the house itself.

It is taken into account how the resettlement will take place, what date is set for the demolition of the building, and you also need to find out what size living space will be provided instead of this apartment.

It is optimal to make a purchase if you plan to simply invest funds, and if you need to get housing for permanent residence, then it is better to focus on more comfortable and high-quality facilities.

Actions of residents after the house was declared unsafe: features of resettlement

• dilapidated buildings in which the frame structure may spontaneously collapse;
• buildings located on or near landfills;
• buildings located in hazardous areas;
• buildings located in the power transmission line zone;
• destroyed completely or partially;
• buildings with excessive noise levels, for example, houses with windows facing the highway;
• buildings above which the garbage chute is located.

The main condition for social employers is that they cannot refuse the option offered by the state. In case of refusal, if the house is subject to demolition, the tenants will find themselves on the street, since state hiring does not imply a choice of several premises.

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