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If an apartment building is recognized as an emergency, then it is impossible to live in the apartments located in it. This follows from ch. 4 art. 15 of the Housing Code of the Russian Federation. The administration of the settlement must resettle the residents and demolish the uninhabitable house. An important guarantee of the housing rights of the resettled is the provision of other residential premises to the latter, or the payment of monetary compensation. Who can get the money and in what amount, I figured it out aif.ru .
Can a tenant of a resettled house choose what to take: money or housing?
This opportunity is available only to those whose homes are included in the resettlement program. If the house is recognized as an emergency, but is not included in the list, residents can only count on money. In order to receive compensation, residents must necessarily express their consent to this by writing an appropriate application and concluding an agreement on the purchase of real estate.
How much money can residents of an emergency house receive for the purchase of new housing?
In accordance with Part 6 of Article 32 of the Housing Code, how much the evictee will receive is decided by agreement between the administration and the owner. Usually, the amount is determined by an appraiser hired by the administration. The final amount of compensation consists not only of the market value of the apartment: it will include compensation for unfinished major repairs, and the market value of the land under the house (in proportion to the tenant’s share), as well as relocation costs, including payment for registration of ownership (Part 7 of Article 32 of the Housing Code of the Russian Federation) If the tenant does not agree with the proposed amount, he can make his own assessment. In case of disagreement, the dispute will be resolved in court.
Some Russians, wanting to make money on rising prices, deliberately buy residential premises in already recognized emergency houses. At the same time, in accordance with paragraph 8.2 of Article 32 of the Housing Code, there are restrictions on the amount of compensation for such persons: a person will not receive more than he spent on a purchase, regardless of changes in the real estate market. The exception is set only for those who inherited unsuitable housing.
Who can buy a house in an emergency house and receive compensation in a larger amount than was spent on the purchase?
Those who purchased residential premises unsuitable for living before the mentioned part 8.2 of Article 32 of the Housing Code entered into force, that is, before December 28, 2019, can win in price. The Supreme Court pointed out that it was necessary to take into account the wording of the law on the date of purchase — there was no rule on limiting the amount of compensation at that time.
Sources:
https://www.consultant.ru/
https://www.vsrf.ru/
https://legalacts.ru/
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