What is the scope of the procedure for seizure of real estate in connection with the seizure of land for state or municipal needs?
The procedure for the seizure of land for state or municipal needs includes two varieties: the withdrawal of undeveloped land and the seizure of land on which various properties are located. In the latter case, the most common is the seizure of a land plot on which residential houses are located, recognized as dilapidated and emergency housing. Such an exemption may be made both for the construction of municipal facilities under Art. 49 USZ, and under the contract for the development of built-up areas.
According to the agreement on the development of built-up territory, one party (usually this commercial legal entity) undertakes to pay the purchase price or create (purchase) in the term established by the contract on its own and at its own expense and (or) with the involvement of other persons and (or) their means ), as well as to transfer to the state or municipal property well-equipped living quarters for provision to citizens evicted from living quarters provided under social employment contracts, contracts for hiring a specialized living accommodation and located in the built-up area (Article 46.2 of the RF GRC). There are also a number of other rights and obligations of the parties to this agreement.
Directly the same mechanism for seizing residential premises and land plots from their rightholders for state or municipal needs is provided for in art. 32 US LC.
According to this article, a dwelling may be withdrawn from the owner by way of redemption in connection with the withdrawal of a corresponding land plot for state or municipal needs. The redemption of a part of the residential premises is allowed only with the consent of the owner. Depending on for whose needs the land is taken out, the purchase of a dwelling is carried out by the United States, the relevant US entity or municipal entity.
The decision to seize a dwelling is taken by a state authority or a local government body that has taken a decision to seize the relevant land for state or municipal needs. The procedure for preparing and adopting such a decision is determined by federal law.
The specifics of reservation of land and seizure of land and (or) located on them other real property for state or municipal needs for the organization and conduct of the Olympic Games and the Paralympic Games and the development of Sochi as a mountain climate resort are specified in the Federal Law of 01.12. .2007 No. 310-FZ "On the organization and holding of the XXII Olympic Winter Games and the XI Paralympic Winter Games of 2014 in the city of Sochi, the development of the city of Sochi as a mountain climate resort and the introduction of changes into individual zakaz United States Acts. "
Decision of the state authority or local government on the seizure of residential premises is subject to state registration in the body that carries out state registration of rights to real estate and transactions with it. The owner of a dwelling no later than one year prior to the forthcoming removal of this premise must be notified in writing of the decision taken to seize the dwelling belonging to him, the date of the state registration of such decision by the body that took the decision on the seizure. The purchase of a dwelling premise before the expiration of a year from the date of receipt by the owner of such notice is allowed only with the consent of the owner.The owner of a dwelling to be seized from the moment of state registration of a decision to withdraw this premise before reaching an agreement or taking a decision on redemption of a dwelling premise may own, use and dispose of it at his own discretion and make the necessary expenses that ensure the use of the dwelling in according to its purpose. The owner carries the risk of referring to it when determining the redemption price of a residential premises of costs and losses associated with the investments made during the specified period, significantly increasing the cost of the seized premises.
The redemption price of a dwelling, the terms and other conditions of redemption are determined by agreement with the owner of the dwelling. The agreement includes an obligation of the United States, a US entity or a municipal entity to pay a ransom price for the seized housing unit.
When determining the redemption price of a dwelling, it includes the market value of the dwelling, as well as all losses caused to the owner of the dwelling by its seizure, including losses incurred in connection with the change in the place of residence, temporary use of another dwelling premise the property of another dwelling (in case the agreement does not provide for the preservation of the right to use the seized dwelling premise before the acquisition of another dwelling), by moving, by searching for another housing for the acquisition of ownership of it, registration of ownership of another dwelling, early termination of its obligations to third parties, including lost profits.
By agreement with the owner of a dwelling premise, he may be granted another dwelling in return for the seized dwelling premise, with the offset of its value in the redemption price. If the owner of a dwelling does not agree with the decision on his seizure or he has not reached an agreement on the redemption price of a dwelling or other conditions for his purchase, a state authority or a local government body that has taken such a decision may sue for redemption of a dwelling. The claim for the redemption of a dwelling premise may be brought within two years from the date of sending to the owner of the dwelling a notice of the seizure of the dwelling belonging to him.
Recognition of the order of an apartment building as an emergency and subject to demolition or reconstruction as established by the US Government is the basis for a body that made a decision to recognize such a house as an emergency and to be demolished or reconstructed, to the owners of premises in the said house to demand demolition or reconstruction within a reasonable time . In the event that these owners did not demolish or reconstruct the said house in the specified period, the land plot on which the said house is located is subject to confiscation for municipal needs and, accordingly, each dwelling in the said house, with the exception of the residential premises owned by the right of ownership municipal formation.
In the case of a decision on the development of a built-up area in accordance with US legislation on town-planning activity in respect of the territory on which the apartment building, recognized as an emergency and subject to demolition or reconstruction, was decided, the body that made the decision to recognize such a house as an emergency must present to the owners of premises in the said house a demand for its demolition or reconstruction and establish a period of not less than six months for filing an application for a building permit, demolition or reconstruction of the house. In the event that the owner or owners of an apartment building within a specified period will not be submitted an application for a building permit, demolition or reconstruction of such a house, the land on which the said house is located and living quarters in the specified order in accordance with the procedure established by the US urban planning legislation house are subject to withdrawal for municipal needs.
The seizure of the land plot on which the apartment building is located, recognized as an emergency house and subject to demolition or reconstruction, and living quarters in such a house before the expiration of a six-month period is allowed only with the consent of the owner.
These requirements were specified in the Regulations on the Recognition of a Premise as a Residential Premise, a Residential Uninhabitable Residence and an Apartment Building as Emergency and Subject to Demolition or Reconstruction, approved by Decree No. 47 of the Government of the United States of January 28, 2006 (as amended on 02.08.2007). According to the said Regulations, the recognition of the premises by a dwelling, suitable (unfit for living) of citizens, as well as an apartment building as an emergency, and subject to demolition or reconstruction, is carried out by an interdepartmental commission set up for this purpose on the basis of an assessment of the compliance of these 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 the assessment of residential premises of the US housing stock, the executive body of the United States entity is a commission to assess the living quarters of the housing fund of the United States entity, and the local government body is a commission to assess the living quarters of the municipal housing stock. At the same time, the local government body has the right to decide on the recognition of private residential premises located in the respective territory, suitable (unsuitable) for citizens' residence and delegate the commission to assess the compliance of these premises with the requirements specified in the Regulations and to make decisions on recognizing these premises as suitable (unsuitable ) for citizens.
The basis for recognizing a dwelling unfit for habitation is the presence of identified harmful factors of the human environment that do not allow ensuring the safety of life and health of citizens due to deterioration due to physical deterioration during the operation of the building as a whole or its individual parts of the operational characteristics leading to a reduction to an unacceptable level of building reliability, strength and stability of building structures and foundations, as well as due to changes in the environment and parameters of the microclimate of the dwelling that do not allow ensuring the observance of the necessary sanitary and epidemiological requirements and hygienic standards in terms of the content of potentially dangerous for human chemical and biological substances, the quality of atmospheric air, the level of radiation background and physical factors of the presence of noise sources, vibration, electromagnetic fields.
Residential premises located in full-assembled, brick and stone houses, as well as in wooden houses and houses of local materials, with deformations of foundations, walls, load-bearing structures and a significant degree of biological damage to the elements of wooden structures, which testify to the exhaustion of bearing capacity and about the danger of collapse, are unfit for living due to the recognition of the apartment building as an emergency and subject to demolition or reconstruction. Living quarters located in the houses located in the territories where the 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, as well as in residential buildings, located in production areas, engineering and transport infrastructures and in sanitary protection zones, should be recognized as unfit for living in cases where engineering and design solutions it is impossible to minimize the risk criteria to an acceptable level.
Residential premises located in hazardous areas of landslides, mudflows, avalanches, as well as in areas that are flooded with flood waters every year should be unsuitable for living, and it is impossible to prevent flooding with the help of engineering and design solutions. Multi-apartment buildings located in these zones are recognized as emergency and are subject to demolition or reconstruction. Unsuitable for living should be recognized living quarters located in the zone of probable destruction in case of anthropogenic accidents determined by the federal executive body, if it is impossible to prevent the destruction of living quarters with the help of engineering and design solutions. Multi-apartment buildings located in these zones are recognized as emergency and are subject to demolition or reconstruction. At the same time, under the zone of probable destruction in the case of man-made accidents is meant the territory within the boundaries of which residential premises and apartment buildings are located, which are threatened with destruction due to an technogenic accident.
Residential premises situated in the territories adjacent to the AC power transmission line and other objects creating at an altitude of 1.8 m from the ground surface the electric field strength of the industrial frequency of 50 Hz more than 1 kV/m and induction should be recognized as unfit for habitation the magnetic field of the industrial frequency of 50 Hz is more than 50 μT.
Residential premises located in apartment buildings that were damaged as a result of explosions, accidents, fires, earthquakes, uneven subsidence of ground, and also as a result of other complex geological phenomena, should be considered unfit for living if restoration work is technically impossible or economically feasible it is inappropriate and the technical condition of these houses and building structures is characterized by a decrease in the bearing capacity and performance characteristics under which there is danger to people's stay and safety of engineering equipment. These multi-family houses are recognized as emergency and subject to demolition.
Rooms with windows overlooking the highway with a noise level above the maximum allowable rate should be considered unfit for living, if the engineering and design solutions can not reduce the noise level to an acceptable value. Residential premises, above or adjacent to them, are located a device for washing the refuse chute and cleaning it, should be considered unfit for habitation.
They can not serve as grounds for recognizing a dwelling unfit for habitation: lack of a centralized sewage system and hot water supply in a one- and two-story residential building; the absence in the residential building of more than five floors of the elevator and the garbage chute, if this residential building, due to physical deterioration, is in a limited working condition and is not subject to major repair and reconstruction; discrepancy of the space planning layout of living quarters and their location of the minimum area of rooms and auxiliary premises of the apartment in the operated residential building designed and built according to the previous normative documentation currently accepted for space planning decisions if this solution satisfies the requirements of ergonomics with respect to the location of the necessary a set of furniture and functional equipment.
The Commission on the basis of the application of the owner of the premises or the application of the citizen (employer) 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 set forth in this Regulation and recognizes the residential premises suitable (unsuitable) for living, and also recognizes the apartment building as an emergency and subject to demolition or reconstruction.
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