"Collect things and go away": adopted a law on the demolition of residential buildings and cottages without the consent of owners

Last December, a law was adopted, which encroaches the private property of citizens. We are talking about the so-called renovation, which implies demolition of unusable homes and resettlement of residents to new homes. Can a citizen living for many years in his cozy apartment, lose housing? What can the authorities offer to citizens in return for removal of real estate? On this bankiros.ru told the associate professor of the Department of Legal Regulation of the Economic Activity of the Financial University under the Government of the Russian Federation Oksana Vasilyeva.

According to the expert, the "loss of housing" is too hyperbolized concept.

"Instead of real estate, the authorities are obliged to provide a refund established by the Housing Code. In addition, the owner may apply for a different residential premises, with a testament for its value when calculating compensation, so no one will remain without housing, "the expert said. Who can ask to collect things and move?

Vasilyeva refers to Article 65 of the Town Planning Code. So, the process of integrated development of territories may begin if:

• Apartment houses are recognized as emergency;
• Apartment buildings are not recognized as emergency, but are suitable for the criteria listed in the same article. It means that the following is: physical wear is too large, the cost of overhaul is too large and easier to build a new home, and not restore the old one. Either the house was built according to a typical project - panel houses, breeches and Khrushchev.

"An important condition is the consent of residents to the inclusion in the program of integrated development of territories (CRT), and for this requires at least two thirds of the votes of the owners," Vasilyeva stressed. Can I be somehow to defend your housing?

The lawyer clarified, you can try to challenge the decision of the General Assembly of Owners, which decided to include in the CRT program. You can also try to challenge the decision of the state bodies on the state of the house in court - this opportunity is given to the Code of Administrative Judging of the Russian Federation.

"True, given the law enforcement practice, challenging such decisions can turn into a war with windmills," the Bankiros.ru interlocutor warned.

Is the law on renovation of citizens' right?

Formally - no, according to Vasilyeva. The fact is, then formally tenants independently decide on the inclusion in the CRT program, and the practice of emergency housing resettlement takes its beginning with two thousandths, an expert explained.

"In addition, the possibility of removal of real estate and subsequent compensation is provided for not only by the Housing Code, but also Article 239.2 of the Civil Code of the Russian Federation and Article 35 of the Constitution," Vasilyeva concluded.