Recognition of the house as unsuitable for children. Consequences of recognizing individual residential premises as unsuitable for permanent residence (Zubova Yu.)

RF of December 29, 2004 "residential premises are considered isolated premises, which are real estate and suitable for permanent residence of citizens (meets the established sanitary and technical rules and regulations, other legal requirements)."

In accordance with Article 15 of the RF Housing Code, “a residential premises may be declared unfit for living on the grounds and in the manner established by the federal executive body authorized by the Government of the Russian Federation”.

The Decree of the Government of the Russian Federation of January 28, 2006 "On the approval of the Regulations on the recognition of premises as residential premises, residential premises unsuitable for living and an apartment building as emergency and subject to demolition" identifies the following grounds for recognizing a residential premises as unsuitable for habitation and an apartment building as emergency and subject to demolition:

1. 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 wear and tear during the operation of the building as a whole or its individual parts of the operational characteristics, leading to a decrease to an unacceptable level of building reliability, strength and the stability of building structures and foundations; changes in the environment and parameters of the microclimate of the residential premises, which do not allow to ensure compliance with the necessary sanitary and epidemiological requirements and hygienic standards in terms of the content of potentially hazardous to humans chemical and biological substances, the quality of atmospheric air, the level of radiation background and physical factors of the presence of sources of noise, vibration, electromagnetic fields.

2. Living quarters located in prefabricated, brick and stone houses, as well as in wooden houses and houses made of local materials, with deformations of foundations, walls, supporting structures and a significant degree of biological damage to elements of wooden structures, which indicate the exhaustion of the bearing capacity and danger collapse.

3. Living quarters located in residential buildings located in areas where the indicators of sanitary and epidemiological safety are exceeded in terms of physical factors (noise, vibration, electromagnetic and ionizing radiation), the concentration of chemical and biological substances in the air and soil (nitric oxide , ammonia, acetaldehyde, benzene, butyl acetate, distilamine, 1,2-dichloroethane, xylene, mercury, lead and its inorganic compounds, hydrogen sulfide, styrene, toluene, carbon monoxide, phenol, formaldehyde, dimethyl phthalate, ethyl acetate and ethylbenzene), as well as residential buildings located in industrial zones, zones of engineering and transport infrastructure and in sanitary protection zones should be recognized as unsuitable for habitation in cases where engineering and design solutions cannot minimize the risk criteria to an acceptable level.

4. Living quarters located in hazardous zones of landslides, mudflows, avalanches, as well as in areas that are annually flooded by flood waters and where it is impossible to prevent flooding of the territory with the help of engineering and design solutions. Apartment buildings located in the indicated zones are recognized as emergency and subject to demolition or reconstruction.

5. Residential premises located in the zone of probable destruction in case of technogenic accidents determined by the authorized federal executive body, if it is impossible to prevent the destruction of residential premises with the help of engineering and design solutions. Apartment buildings located in the indicated zones are recognized as emergency and subject to demolition or reconstruction. The zone of probable destruction in case of man-made accidents is understood as the territory within the boundaries of which residential premises and apartment buildings are located, which are threatened with destruction in connection with the man-made accident that has occurred.

6. Residential premises located in the areas adjacent to the overhead AC power transmission line and other objects that create at a height of 1.8 m from the earth's surface an electric field strength of an industrial frequency of 50 Hz more than 1 kV / m and an induction of a magnetic field of an industrial frequency of 50 Hz more than 50 μT.

7. Residential premises located in apartment buildings that have been damaged as a result of explosions, accidents, fires, earthquakes, uneven subsidence of soil, as well as as a result of other complex geological phenomena, are recognized as unsuitable for habitation if the restoration work is technically impossible or economically inexpedient and the technical condition of these houses and building structures is characterized by a decrease in the bearing capacity and operational characteristics, at which there is a danger to the stay of people and the safety of engineering equipment. These apartment buildings are recognized as emergency and subject to demolition.

8. Rooms, the windows of which overlook the highways, with a noise level above the maximum permissible norm (55 dB during the day, 45 dB at night) are considered unsuitable for living if it is impossible to reduce the noise level to an acceptable value using engineering and design solutions ...

9. Living quarters, above or adjacent to them there is a device for flushing the garbage chute and cleaning it.

Cannot serve as a basis for declaring a residential premises unfit for living:

1. Lack of a centralized sewerage system and hot water supply in one and two-story residential buildings.

2. Absence of more than 5 floors of an elevator and a garbage chute in a residential building, if this residential building, due to physical wear and tear, is in a limited working condition and is not subject to major repairs and reconstruction.

3. Inconsistency of the space-planning solution of residential premises and their location of the minimum area of \u200b\u200brooms and auxiliary premises of an apartment in an exploited residential building, designed and built according to the previously valid regulatory documentation, currently adopted space-planning solutions, if this solution meets the ergonomic requirements in terms of placement of the necessary set of pieces of furniture and functional equipment.

It is unsafe to live or carry out activities in a building that is in disrepair. Ensuring the safety of the population is a state task. Therefore, at the federal level, it was decided that each region of the country should have a program to relocate citizens from buildings that have gradually become unusable for living. At the same time, the Government provides for the formation of a special fund for such purposes. There is only one nuance in the procedure for relocation from a dilapidated building, which is to recognize the building as such.

Table of contents:

What buildings are considered unfit for living

In order for a building to be recognized as emergency and subsequently unfit for habitation, it must be carefully examined. Such an operation should be performed by professionals upon receipt of a complaint. Specialists will study the foundation, the condition of all walls of the building, take into account the layout features and all the rooms that are located inside the house. Sanitary and hygienic conditions are also taken into account.

It is legally established that the following criteria for the state of the building pose a threat to the safety of the health and life of citizens:

Buildings in which citizens are strictly prohibited from living due to the danger are recognized:

• the building is located on the territory of a plant or production factory that is not intended for living;
• the building was initially recognized as non-residential, and was not allocated to the housing stock;
• during the construction of the building, significant mistakes were made, which entail the impossibility of its normal functioning;
• conditions in the house do not meet sanitary and hygienic standards;
• the building was officially declared emergency.

The procedure for recognizing a dwelling as unfit for living

In conditions when the building is in fact unsuitable for life, but, nevertheless, it has not yet been officially approved, citizens need to initiate an inspection.

So, you can apply for the recognition of a building as unfit for habitation.:

• the owner of such a building;
• the tenant of the building under a lease agreement;
• an organization that is empowered to carry out appropriate inspections (for example, Rospotrebnadzor or housing inspection).

First of all, it is necessary to submit an application to the appropriate authority, which upon the inspection will issue a conclusion on the recognition of the house as unfit for habitation. Such an authority may be the housing inspection of the corresponding constituent entity of the Russian Federation or a similar authority. The check should be carried out within a maximum of a month. Upon completion of the conclusion, within five days, its results must be reported to the applicant. After that, citizens will only have to wait for the resettlement procedure.

However, in practice, this process is much more confusing and complicated.

note

If the state body makes a negative decision on the fact of the check, it can be appealed within three months from the date of the document.

In such circumstances, it will be necessary to go to court. Citizens living in the corresponding house have the right to organize their own commission, which will consist directly of residents, as well as of employees of various authorities and engineers. The conclusion of such a commission on the fact of recognizing the house as unfit for life will be weighty evidence in court.

In order for a building to be officially recognized as unfit for life, it is necessary to have a commission opinion, which will contain the following data:

What happens after a building is declared unfit for living

Upon receipt of a conclusion on the recognition of a building unsuitable for living, residents have the right to choose one of the following options:

1. Receiving material compensation in the amount of the cost of an apartment or house. The calculation of this compensation is based on the volume of the area of \u200b\u200ban apartment or house, as well as the market price of housing in a particular region of the Russian Federation.
2. Moving to another apartment. At the same time, the apartment must comply with sanitary and hygienic standards and be suitable for living in accordance with all requirements.

   note

   Relocation to a new apartment is carried out at the expense of the local budget.

Hello Ilya.

What the owner of the apartment can count on if the apartment is recognized in the prescribed manner (MVK + Order of the District Administration):

considering that

The owner is not registered for the improvement of housing conditions and is not poor.

no matter what, unfortunately.

According to part 1 of article 57 of the Housing Code of the Russian Federation, residential premises under a social rental agreement are provided to citizens registered as needing residential premises, in order of priority based on the time of registration of such citizens.
At the same time, for a number of cases provided for in Part 2 of Article 57 of the Housing Code of the Russian Federation, including in the case of recognition of a dwelling in the established manner unsuitable for habitation and not subject to repair and reconstruction, the legislator has provided for the possibility of providing citizens with dwellings under social employment on an extraordinary basis, but subject to the general requirements of housing legislation in relation to the provision of residential premises under social rental contracts and confirmation of the objective need for residential premises (part 2 of article 49, part 1 of article 52 of the Housing Code of the Russian Federation).
(Determination of the Constitutional Court of the Russian Federation of December 21, 2011 N 1655-О-О "On refusal to accept for consideration the complaint of citizen Valery Nikolaevich Kiselev on violation of his constitutional rights by paragraph 1 of part 2 of Article 57 of the Housing Code of the Russian Federation" (ConsultantPlus))

3. The owner of the dwelling bears the burden of maintaining the premisesand, if this premise is an apartment, the common property of the owners of the premises in the corresponding apartment building, and the owner of the room in the communal apartment also bears the burden of maintaining the common property of the owners of the rooms in such an apartment, unless otherwise provided by federal law or agreement.
4. The owner of a residential premises is obliged to maintain this premise in proper condition, preventing mismanagement with it, to observe the rights and legitimate interests of neighbors, the rules for using residential premises, as well as the rules for maintaining the common property of owners of premises in an apartment building.
art. 30, "Housing Code of the Russian Federation" dated December 29, 2004 N 188-FZ (as amended on July 1, 2017) (ConsultantPlus)

The owner will have to carry out the overhaul at his own expense. Unless the apartment was privatized and at that time was already in a condition unsuitable for living ... but this is all to prove and prove that the previous owner (municipality) did not fulfill the obligations for proper maintenance, etc. - by analogy with the overhaul of apartment buildings.

The conditions and requirements that characterize residential real estate are regulated by the Housing Code of the Russian Federation. It also contains the grounds and sequence of actions for declaring an apartment or private house unsuitable for permanent housing. Such grounds include not only wear and tear over time, after which the building can be considered dilapidated or emergency, but also violation of some construction standards, sanitary norms, technical aspects, etc.

If reasons are identified for declaring housing subject to demolition, owners, tenants and third parties have the legal right to contact the local housing authority to document the fact and claim relocation or financial compensation. In addition, after a series of examinations, the decision of the interdepartmental commission may be to carry out a major overhaul or reconstruction of the house.

The commission should consist of authorized state officials of local self-government bodies, housing inspectorates, employees of the sanitary and epidemiological station, fire supervision, and others.

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Unsuitability of houses

Recognition of any residential exploited house as emergency, unsuitable for permanent full-fledged living or completely subject to demolition occurs by checking its supporting structure, planning, interior improvement, compliance with hygienic and sanitary conditions. Residential buildings can pose a threat to the health and life of Russian citizens and are officially considered unfit for housing if:

Unsuitability of premises

In order for the interdepartmental commission to make the correct decision regarding the recognition of a dwelling as unfit for living, the following grounds must be present:

As for an apartment, if we are talking about a dwelling, and not a whole building, then such issues are resolved purely individually on the initiative of the owner of this housing. That is, the housing department and the interdepartmental commission must receive an appropriate request and documents in order to obtain the right to act and start considering the situation. The commission will take into account:

• Type and area of \u200b\u200bthe existing apartment;
• Depreciation of an apartment building as a whole;
• Financial costs for major repairs, reconstruction;
• Is it possible to carry out work to improve housing conditions.

Planning defects

Despite the fact that each owner can exercise his right to safety and instead of the one that is documented as emergency and subject to subsequent demolition, you need to know what exactly is the cause of concern. Unsuitable for permanent residence can be recognized as an apartment or private house in the presence of any defects in the layout of a residential property.

Such defects include the size of the rooms, which has smaller parameters than they should be in accordance with the requirements (the height of the walls is less than 2.25 m, the width of the floor is less than two meters, it is located at a level below the street yard, doorways are less than seventy centimeters wide with the impossibility of expanding them). Also, housing may be considered unsuitable if the distance from the window to the opposite neighboring building is less than three meters or the windows overlook a closed courtyard of five by five meters. In addition, there cannot be a basement hatch or an exit to the attic of the house inside the apartment.

As for the defects in the improvement, the location of sewer pipes and systems should not be above the living space. Also, they cannot pass through the room of the apartment, and the entrance to the bathroom from the room is also unacceptable.

Violations of sanitary and hygienic conditions

Homeowners and interested persons can also exercise the right to conduct an examination in case of violation of sanitary and hygienic conditions. These include the lack of lighting in the room or the absence of rooms, the exit of windows under hinged arches or covered galleries, regular vibrations, the level of which cannot be reduced. It is impossible to determine their maximum permissible level on your own. This requires special devices. The same applies to the increased noise level, which is strictly regulated by legislative norms. Noise is the reason for the recognition of housing unsuitable for normal and safe living, if its original cause cannot be eliminated or reduced with the help of any sound insulation.

Sanitary and hygienic violations include humidity and temperature conditions in the room. You cannot do without specialized equipment here. As in the previous paragraphs, the defect should be eliminated or citizens should be relocated to safe housing. Harmful fumes are also taken into account when a house is located near an industrial facility.

Basic principles

The law provides for the right to receive housing out of turn for certain categories of Russian citizens. This group includes persons affected by natural disasters who have made the specified residential buildings undeniably unsuitable for normal living in them. However, the very fact of unsuitability is not enough. Resettlement is carried out in a regulated manner, referring to the articles of the Housing Code of the Russian Federation, only after the assembled commission makes an appropriate documented decision.

When the existing residential buildings in the settlement are officially recognized as dilapidated, and the real estate object is fixed in emergency and subject to subsequent demolition, the owners are entitled to the provision of equivalent living space or monetary social compensation in non-cash form for the purchase of new housing.

Since the recognition of a residential building for demolition in no way changes the original purpose of the real estate object and does not cancel the requirements for it, it is wrong to consider it an equivalent exchange with a classifying sign of suitability. This means that the latter determines only the possibility and the right to use a house, an apartment for permanent residence, and unsuitable housing serves as a basis for excluding an object from the housing stock and transferring it to non-residential.

Legislative provisions

The responsibilities of the relevant state bodies are constant scheduled inspections that affect the objects of the social and housing stock on the balance sheet. If legal grounds are found to recognize the house as unsuitable for safe and normal living, but not subject to the nearest demolition, the state authorities undertake to carry out major repairs or reconstruction in it. If no action can correct the deficiencies, it will be recognized as subject to demolition. In some cases, a decision is made on and re-equipping it for any industrial building.

The procedure for conducting an examination for each region is provided by the executive power of the Russian Federation and the local self-governing body, which is entrusted with responsibility for residential real estate.

The recognition of the object as emergency and unfit for habitation, subject to demolition, is controlled by the housing inspection.

The main tasks of the housing inspection:

• Observe the norms of the current housing legislation in relation to citizens and the state;
• Protect the consumer's right to provide compliant utilities;
• Identify and eliminate violations in the operation of the housing stock.

Inspection control

The regional housing inspectorate, where it is necessary to apply with a request for an examination and the appointment of an interdepartmental commission, exercises direct strict control regarding:

The rights of the interdepartmental commission

After an application is submitted to the housing inspection with documents that will be considered within about ten days, an interdepartmental commission will be appointed to verify the reliability of the facts and conduct an examination of the property. At the same time, when submitting a request, it must be borne in mind that this body has the right to:

Duties of the Commission

After the appointment of an interdepartmental commission to resolve housing issues, its duties are as follows:

• Determine the suitability of a house, apartment, other premises for housing, referring to legal requirements and provisions on the assessment of residential real estate;
• Consider a complaint received from owners or organizations within the prescribed period;
• Determine the technical capabilities of overhaul, reconstruction, redevelopment, etc.

Supervises and directs the activities of the interdepartmental commission by its chairman, who in turn is authorized to:

How to make a request

Since the work of the interdepartmental commission begins with the receipt of an appropriate application with a complaint, the person concerned should contact the local self-government body that controls the residential buildings. The basis for its filing is the instruction of the higher institution, recognize the house as emergency, the presentation of the sanitary or fire service about inconsistencies, a court request or a petition from the prosecutor's office, as well as the personal initiative of the owner.

In order for the application to be really considered in a short time and the decision was made immediately, it is important to prepare the necessary documents in advance:

Request rules

After receiving the request, the interdepartmental commission must independently check the actual wear and tear of the property, make sure that there are defects and the degree of their danger to citizens, and also check all existing grounds for declaring the house unfit for habitation. As a result, the commission makes one of the following decisions:

After the checks and the decision are made, an act is drawn up with its official fixation. If any of the members of the interdepartmental commission does not agree with the decision, his protest must be made in writing and attached to the act. The final decision is made by the local government, not the commission itself. After the verdict is adopted, the owners are notified of it in writing no later than five days later, after which the latter can exercise their right. If the building is deemed to be in disrepair and subject to demolition, it is eligible for relocation or monetary compensation.

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Based on the received opinion, the relevant federal executive body, executive body of the constituent entity of the Russian Federation, local self-government body, within 30 days from the date of receipt of the opinion in the manner established by it, makes a decision provided for in paragraph seven of clause 7 of this Regulation, and issues an order indicating the further the use of the premises, the timing of the resettlement of individuals and legal entities in case of recognition of the house as emergency and subject to demolition or reconstruction, or recognition of the need for repair and restoration work.

50. If recognized, rental and lease agreements for residential premises are terminated in accordance with the law.

Contracts for residential premises, recognized as unfit for living, can be terminated at the request of either party to the contract in court in accordance with the law.

51. The Commission, within 5 days from the date of the decision provided for in paragraph 49 of this Regulation, sends in writing or electronically using public information and telecommunication networks, including the Internet information and telecommunication network, including a single portal or regional portal of state and municipal services (if available), 1 copy of the order and the conclusion of the commission to the applicant, as well as in the case of recognition of a dwelling as unsuitable for living and an apartment building as emergency and subject to demolition or reconstruction - to the body of state housing supervision (municipal housing control) at the location of such a room or house.

In case of revealing grounds for declaring a residential premises unsuitable for habitation due to the presence of harmful effects of environmental factors that pose a particular danger to human life and health, or pose a threat of destruction of a building due to its emergency state or on the grounds provided for in paragraph 36 of this Regulation, the decision, provided for in paragraph 47 of these Regulations, is sent to the relevant federal executive body, the executive body of the constituent entity of the Russian Federation, the local government body, the owner of the home and the applicant no later than the working day following the day the decision is made.

If an apartment building (residential premises in it is unsuitable for living) is recognized as emergency and subject to demolition or reconstruction, within 5 years from the date of issuance of a permit for its commissioning for reasons not related to natural disasters and other force majeure circumstances, the decision provided for paragraph 47 of these Regulations, is sent within 5 days to the prosecutor's office to resolve the issue of taking measures provided for by the legislation of the Russian Federation.

52. The decision of the relevant federal executive body, the executive body of the constituent entity of the Russian Federation, the local self-government body, the conclusion provided for in paragraph 47 of these Regulations, may be appealed by interested persons in court.

V. Use of additional information for decision making

53. In the event of a major repair, reconstruction or redevelopment of a dwelling in accordance with the decision made on the basis of the opinion specified in paragraph 47 of this Regulation, the commission, within a month after notifying the owner of the dwelling or a person authorized by him about their completion, inspects the dwelling, draws up a survey report and makes an appropriate decision, which communicates to the interested parties.

54. Separate living quarters (room, apartment) occupied by persons with disabilities may be recognized by the commission as unsuitable for citizens and members of their families on the basis of a conclusion on the impossibility of adapting the living quarters of a disabled person and common property in an apartment building in which the disabled person lives, taking into account the needs of the disabled person and ensuring the conditions for their accessibility for a disabled person, made in accordance with paragraph 20 of the Rules for ensuring the conditions for accessibility of living quarters and common property in an apartment building for disabled people, approved by the Government of the Russian Federation of July 9, 2016 N 649 "On measures to adapt living quarters and common property in an apartment building, taking into account the needs of people with disabilities. " The Commission draws up in 3 copies a conclusion on the recognition of a dwelling as unsuitable for the residence of these citizens in the form in accordance with Appendix No. 1 to these Regulations and within 5 days sends 1 copy to the appropriate federal executive body, the executive body of a constituent entity of the Russian Federation or local self-government body , the second copy to the applicant (the third copy remains in the case formed by the commission).

Information about changes:

The Regulation was supplemented with Section VI from January 1, 2019 - Resolution

Vi. The procedure for recognizing a garden house as a residential building and a residential building as a garden house

55. A garden house is recognized as a dwelling house and a dwelling house as a garden house on the basis of a decision of the local self-government body of the municipality, within the boundaries of which the garden house or residential house is located (hereinafter referred to as the authorized local self-government body).

56. To recognize a garden house as a residential building and a residential building as a garden house, the owner of a garden house or a residential building (hereinafter in this section - the applicant) submits to the authorized local government body directly or through a multifunctional center for the provision of state and municipal services (hereinafter - a multifunctional center):

a) an application for recognizing a garden house as a residential house or a residential building as a garden house (hereinafter referred to as the application), which indicates the cadastral number of the garden house or residential building and the cadastral number of the land plot on which the garden house or residential house is located, the applicant's postal address or address e-mail of the applicant, as well as the method of receiving the decision of the authorized local government body and other documents provided for by this Regulation (postal delivery with acknowledgment of receipt, e-mail, receipt in person at the multifunctional center, receipt in person at the authorized local government body);

b) an extract from the Unified State Register of Real Estate on the main characteristics and registered rights to a real estate object (hereinafter referred to as an extract from the Unified State Register of Real Estate), containing information on the applicant's registered rights to a garden house or residential house, or a document of title to a residential house or garden house if the applicant's ownership of the garden house or residential building is not registered in the Unified State Register of Real Estate, or a notarized copy of such a document;

c) a conclusion on the inspection of the technical condition of the object, confirming the compliance of the garden house with the requirements for reliability and safety established by part 2 of article 5, and the Federal Law "Technical Regulations on the Safety of Buildings and Structures" issued by an individual entrepreneur or legal entity that are members of a self-regulatory organization in the field of engineering surveys (if the garden house is recognized as a residential building);

d) if the garden house or residential house is encumbered with the rights of third parties - the notarized consent of the said persons to recognize the garden house as a residential house or residential house as a garden house.

57. The applicant has the right not to submit an extract from the Unified State Register of Real Estate. If the applicant does not submit the specified extract for consideration of an application for recognizing a garden house as a residential building or a residential building as a garden house, the authorized body of local government requests an extract from the Unified State Register of Real Estate using a unified system of interdepartmental electronic interaction in the Federal Service for State Registration, Cadastre and Cartography containing information on registered rights to a garden house or residential building.

58. The applicant is issued with a receipt of receipt from the applicant of the documents provided for in paragraph 56 of these Regulations, indicating their list and the date of receipt by the authorized local government body. If the applicant submits documents through the multifunctional center, the receipt is issued by the multifunctional center.

59. The decision on recognizing a garden house as a residential building or a residential building as a garden house or on refusing to recognize a garden house as a residential building or a residential building as a garden house must be made based on the results of consideration of the relevant application and other documents specified in paragraph 56 of this Regulation, by the authorized body of the local local government no later than 45 calendar days from the date of application.

60. The authorized body of local self-government, no later than 3 working days from the date of the decision to recognize the garden house as a residential building or a residential building as a garden house, sends the applicant in the manner specified in the application, such a decision in the form according to Appendix No. 3. If the applicant chooses in the application the method of receipt in person at the multifunctional center, such a decision is sent within the time period specified in this paragraph to the multifunctional center.

61. The decision to refuse to recognize a garden house as a residential building or a residential building as a garden house is made in the following cases:

b) receipt by the authorized local government body of information contained in the Unified State Register of Real Estate on the registered ownership of the garden house or residential building of a person who is not an applicant;

c) receipt of a notification to the authorized local government body that there is no information in the Unified State Register of Real Estate about registered rights to a garden house or a residential building, if the title document provided for in subparagraph "b" of paragraph 56 of this Regulation, or a notarized copy of such a document has not been submitted by the applicant. Refusal to recognize a garden house as a residential house or a residential building as a garden house on the specified basis is allowed if the authorized local government body, after receiving a notification about the absence in the Unified State Register of Real Estate of information about registered rights to a garden house or a residential house, notified the applicant in the manner specified in the application on receipt of such a notification, invited the applicant to submit a document of title provided for in subparagraph "b" of paragraph 56 of this Regulation, or a notarized copy of such a document and did not receive such a document or such a copy from the applicant within 15 calendar days from the date of sending the notification of the submission of a title document ;

d) the applicant's failure to submit the document provided for in subparagraph "d" of paragraph 56 of these Regulations, if the garden house or residential building is encumbered with the rights of third parties;

e) placement of a garden house or residential building on a land plot, the types of permitted use of which, established in accordance with the legislation of the Russian Federation, do not provide for such placement;

f) use of a residential building by the applicant or another person as a place of permanent residence (when considering an application for recognizing a residential building as a garden house).

62. The decision to refuse to recognize a garden house as a residential house or a residential house as a garden house must contain the grounds for refusal with an obligatory reference to the relevant provisions provided for in paragraph 61 of these Regulations.

63. A decision to refuse to recognize a garden house as a residential building or a residential building as a garden house is issued or sent in the manner specified in the application to the applicant no later than 3 working days from the date of such decision and may be appealed by the applicant in court.

Appendix N 1
to Regulation

apartment building in emergency and subject to demolition

and a residential building with a garden house,
approved by the decree of the Government of the Russian Federation
dated January 28, 2006 N 47
(as amended on March 25, 2015; December 24, 2018)

(the form)

CONCLUSION on the assessment of the compliance of the premises (apartment building) with the requirements, established in the Regulation on the recognition of premises as residential premises, dwelling unsuitable for living, apartment building emergency and subject to demolition or reconstruction, residential garden house house and residential house garden house N ________________________________ __________________________________ (date) _______________________________________________________________________ (location of the premises, including the name of the settlement and street, house and apartment numbers) The Interdepartmental Commission appointed by _______________________________________________________________________, (appointed by, the name of the federal executive body, executive body of a constituent entity of the Russian Federation, local local government, date, number of the decision on convening the commission) consisting of the chairman ________________________________________________ _______________________________________________________________________ (full name, position and place of work) and members of the commission _____________________________________________________ _______________________________________________________________________ (full name, position held and place of work) with the participation invited experts in ____________________________________ _______________________________________________________________________ _______________________________________________________________________ (full name, position and place of work) and the invited owner of the premises or his authorized person _______________________________________________________________________ (full name, position and place of work) based on the results of the reviewed documents _______________________________ _______________________________________________________________________ (a list of documents) and on the basis of the act of the interdepartmental commission, drawn up based on the results of the survey, _____________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ __________________________________________ _____________________________ (the conclusion taken from the survey report (in the case of a survey) is provided, or it is indicated that, based on the decision of the interdepartmental commission, the survey was not carried out) made a conclusion on ) the requirements established in the Regulation on recognizing the premises as residential premises, residential premises unsuitable for living and an apartment building as emergency and subject to demolition or reconstruction) Appendix to the conclusion: a) list of reviewed documents; b) act of inspection of the premises (in the case of a survey); c) a list of other materials requested by the interdepartmental commission; d) dissenting opinion of the members of the interdepartmental commission: ______________________________________________________________________. Chairman of the interdepartmental commission __________________________________ __________________________________ (signature) (full name) Members of the interdepartmental commission __________________________________ __________________________________ (signature) (full name) __________________________________ __________________________________ (signature) (full name)

Appendix N 2
toRegulations on the recognition of premises as residential premises,
living quarters unsuitable for living,
apartment building in emergency and subject to demolition
or reconstruction, garden house residential building
and a residential building with a garden house,
approved by the decree of the Government of the Russian Federation
dated January 28, 2006 N 47

(the form)

ACT room survey N ________________________________ __________________________________ (date) _______________________________________________________________________ (location of the premises, including the name of the settlement and street, house and apartment numbers) The Interdepartmental Commission appointed by ___________________________ ______________________________________________________________________, (appointed by, name of the federal executive body, executive body of the constituent entity of the Russian Federation, body local government, date, number of the decision to convene the commission) consisting of the chairman ________________________________________________ (full name, position and place of work) and members of the commission _____________________________________________________ (full name, position held and place of work) with the participation of invited experts ____________________________________ _______________________________________________________________________ ______ _________________________________________________________________ (full name, position and place of work) and the invited owner of the premises or his authorized person _______________________________________________________________________ _______________________________________________________________________ (full name, position and place of work) carried out a survey of the premises at the request of _________________________ _______________________________________________________________________ (details of the applicant: Full name. and address - for an individual, the name of the organization and position held - for a legal entity) and drew up this act of inspection of the premises ______________________ ______________________________________________________________________. (address, property of the premises, cadastral number, year of commissioning) Brief description of the state of the living quarters, engineering systems of the building, equipment and mechanisms and the area adjacent to the building _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ ______________________________________________________________________ Information on non-compliance with the established requirements with the indication of the actual values \u200b\u200bof the indicator or a description of the specific non-compliance ________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ ______________________________________________________________________. Evaluation of the results of instrumental control and other types of control and research _________________________________________ ______________________________________________________________________. (by whom the control (test) was carried out, by what indicators, what actual values \u200b\u200bwere obtained) Recommendations of the interdepartmental commission and the proposed measures to be taken to ensure safety or create normal conditions for permanent residence ____________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ ______________________________________________________________________. The conclusion of the interdepartmental commission based on the results of the examination of the premises _____________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ ______________________________________________________________________. Appendix to the act: a) the results of instrumental control; b) the results of laboratory tests; c) research results; d) conclusions of experts from design and survey and specialized organizations; e) other materials as decided by the interdepartmental commission. Chairman of the interagency commission __________________________________ __________________________________ (signature) (full name) Members of the interagency commission __________________________________ __________________________________ (signature) (full name) __________________________________ __________________________________ (signature) (full name) __________________________________ __________________________________ (signature) (full name) __________________________________ __________________________________ (signature) (full name)

Information about changes:

The regulation was supplemented by Appendix 3 from January 1, 2019 - Resolution of the Government of Russia of December 24, 2018 N 1653

Appendix N 3
to the Regulation on the recognition of premises
living quarters, living quarters
unsuitable for habitation, multi-apartment
houses emergency and subject to demolition
or reconstruction, garden house residential
house and dwelling house garden house,
approved by resolution
Government of the Russian Federation
dated January 28, 2006 N 47
(as amended on December 24, 2018)

(the form)

(Form of the authorized

local government)

Decision
on the recognition of a garden house as a residential building and a residential building as a garden house

Date, number

In connection with the appeal by ____________________________________________________ (full name of an individual, name of the legal entity - applicant) about the intention to recognize the garden house as a residential house / residential building as a garden house, _________________________________________________ (cross out unnecessary) located at: ________________________________________________ ________________________________________________________________________, cadastral number of the land plot , within which the house is located: ________________________________________________________________________, on the basis of ____________________________________________________________ (name and details of the title document) ________________________________________________________________________, based on the results of consideration of the submitted documents, a decision was made: Recognize ________________________________________________________________ (garden house as a residential house / residential house as a garden house - n please specify) ________________________________________________________________________. ________________________ (position) ________________________________ _________________________________ (full name of an official of the body (signature of an official of a local self-government body of local self-government of a municipality, in a municipality within the boundaries of which a garden house or a residential house is located) a garden house or a residential house ) M.P. Received: "__" __________ 20__ ___________________ (filled in (signature of the applicant) if the decision is received in person) The decision was sent to the applicant "__" _____________ 20__ (filled in if the decision is sent by mail) ___________________________________ (full name ., signature of the official who sent the decision to the applicant)