Peculiarities of eviction from residential premises according to the current legislation. Eviction with the provision of other living quarters.
Let's consider two groups of grounds for eviction of citizens with provision of other residential premises.
The first of them, as it was mentioned above, is eviction with the provision of other well-appointed accommodation under social lease contracts.
In accordance with Article 85 of the Housing Code, four cases of such evictions are identified. We will review them in more detail. The first ground is eviction from the dwelling in the house to be demolished.
Article 86 of the Housing Code of the Russian Federation states: "If the house in which the dwelling premises occupied under a social rent agreement are to be demolished is subject to demolition, other well-equipped dwelling premises under social rent agreements shall be provided to the citizens evicted from it by the state authority or by the local self-government body which made the decision to demolish such a house.
Eviction on this ground is envisaged in the case of demolition of the apartment building where the apartment building is located. As a rule, such situations arise when the land on which the house is located is allocated for state or public needs.
The decision to demolish a house is taken by state authorities or local self-government bodies.
At the federal level, the procedure for recognizing a house as an emergency house is regulated by the Resolution of the Government of the Russian Federation dated January 28, 2016. N 67, which approved the Regulation on recognition of premises as residential premises, residential premises unfit for habitation and apartment building as emergency and subject to demolition or reconstruction.
Demolition of a residential building may be carried out, firstly, in connection with state or municipal needs caused by town planning documentation; secondly, in connection with recognition of an apartment building as emergency and subject to demolition.
In the first case, the state or municipal needs may be due to the planned land plot where the house is located, the important building of the territory, which is in the public interest (e.g., hydroelectric power plant, art museum, etc.).
Let us consider in more detail the second case, when the building is demolished because the house is unsuitable for further living in it. Most often the demolition of houses is caused by physical wear and tear and by the expiry of the service life of the houses.
A multi-apartment building was recognized as an emergency building and was subject to demolition by a specially established interdepartmental commission. The commission for recognition of a building as federal property subject to demolition is established by the federal executive body.
To recognize a house owned by a constituent entity of the Russian Federation or a municipality as subject to demolition, the commission shall be established by the executive authority of the constituent entity of the Russian Federation or by a local government body, respectively.
Before making a decision on demolition of the house, the commission should accept and consider the applicant's application and attached documents; determine the composition of the experts involved in the commission of design and survey organizations; carry out work on the assessment of the suitability (unsuitability) of residential premises in the house for permanent residence; draw up an act of inspection and conclusion.
The house can be recognized by the commission as emergency for the following reasons:
- if it is located in the mudflows, landslides, avalanches, etc;
- if there are deformations of the foundation, walls, supporting structures of the building due to their wear and tear or as a result of fire, explosion, earthquake, subsidence of the ground.
The decision taken may be appealed only in court. Citizens must be notified of the declaration of a house as an emergency by sending them a copy of the relevant decision.
And the size of the total area of the housing provided should correspond to the social norm for the family of this number on the date of the decision to move out.