May 6, 2020 in Russia there are new rules for the recognition of a housing emergency. We are talking about the housing Fund of the Russian Federation, and also on apartment houses in Federal ownership.
Who can make the decision on the recognition of houses emergency?
The new rules indicated in the decree of the RF government dated 24 April 2020 No. 581 “On introducing changes to paragraph 7 of the regulation on the recognition of a premise premises, premises unsuitable for accommodation, an apartment house emergency and subject to demolition or renovation, garden house residential house residential house and garden house”.
As the inhabitants of emergency houses to stop paying for major repairs?
In this document, the government clarified who decides about the recognition of premises unsuitable for residing and an apartment house — emergency and subject to demolition or reconstruction.
The decision stated that if the evaluation objects of the housing Fund of the Russian Federation, as well as apartment buildings, are in Federal ownership, the decision of the Federal Executive authority, exercising the authority of the property owner. If the property belongs to the Federal Executive body or its subordinated company (institution), then the decision is made by the body.
What apartment buildings recognized emergency?
The basis for the recognition of an apartment house emergency and subject to demolition or reconstruction are listed in the decree of the RF government dated 28.01.2006 N 47. This emergency its technical condition of bearing structures or apartment buildings in General. It is characterized by the damage of bearing structures and their deformations, which testify to the exhaustion of the bearing capacity and the danger of the collapse of an apartment building, or rolls, which can cause loss of stability at home.
In addition, recognized the emergency of the apartment building, located in the dangerous areas of landslides, mudslides, avalanches, as well as in areas that are inundated annually by flood waters and which is impossible with engineering and design solutions to prevent flooding. Emergency and recognize those apartment buildings that are in the zone of probable destruction in the technogenic accidents, if with engineering and design solutions is impossible to prevent the destruction of premises.
If the apartment building was recognized as emergency and subject to demolition or reconstruction, then its premises are uninhabitable.
What kind of premises are recognized as unfit for habitation?
According to the law, the basis for declaring the dwelling unfit for habitation is the presence of the revealed harmful factors of the environment that do not allow to ensure safety of life and health of citizens. The reasons are physical deterioration of the building during its operation, as well as changes in the environment and of parameters of microclimate in housing.
What kind of housing is deemed equivalent and which are equivalent?
For example, the recognized premises in the houses located in areas with excess of indicators of sanitary and epidemiological safety in terms of noise, vibration, electromagnetic and ionizing radiation, concentration of chemical and biological substances in atmospheric air and the soil, established by law. It is also the location of the premises in the areas adjacent to overhead power lines AC and other objects, creating at a height of 1.8 m from the ground surface electric field intensity with industrial frequency of 50 Hz over 1 kV/m and magnetic field of industrial frequency of 50 Hz more than 50 µt.
The full list of criteria by which the premises may be declared unfit for habitation, contained in the decree of the RF government dated 28.01.2006 N 47.
What is the procedure for recognition of a housing emergency?
Previously, the house was recognized emergency based on the decision of the interdepartmental municipal commissions. In accordance with the RF government decree of 29 November 2019 No. 1535 “On introducing amendments to the regulations on the recognition of premises as residential premises, premises unsuitable for residing…”, now for the conclusion of a required examination. It is carried out by specialized organizations which have the right to carry out works on the condition survey of soil bases of buildings and their building structures.
In the future, the interdepartmental Commission in three-day term sends the examination results to the appropriate authority of the Federal government, the Executive authority of the RF subject and the local authority for decision-making. In addition, the results of the examination given to the applicant and (or) body of state housing supervision (municipal housing control) at the location of the building or apartment building.