If major repairs or reconstruction of a building cannot be carried out without relocating tenants, eviction from housing on the basis of Article 88 of the Housing Code of the Russian Federation. In this case, the landlord is obliged to provide tenants with other residential premises during the period of repair work.

What is major repairs and reconstruction of a building?

A detailed list of work that is carried out during major repairs is established by Resolution of the State Construction Committee of the Russian Federation No. 170 dated September 23, 2003 “On approval of rules and standards for the technical operation of housing stock.” Overhaul consists of eliminating malfunctions of all elements of the building that have worn out over time, replacing or restoring equipment, replacing worn-out elements with modern, economical and durable ones.

Major repairs mean improving the performance of the housing stock. The building is being modernized from the point of view of economic feasibility - meters for gas, water, heat, electricity are installed and rational consumption of these resources is ensured.

Reconstruction is required in cases where moral and physical deterioration of a building has made it unsuitable for habitation. A building that is physically worn out is at risk of collapse because the strength of the supporting structures is reduced. When a house is unfit for habitation due to violation of standards for the condition of residential premises, it is considered obsolete. Reconstruction of the building includes redevelopment of the interior, strengthening of load-bearing structures, changing the number of floors, and replacing communications.

Eviction of citizens into a maneuverable fund

Eviction from housing in connection with the repair or reconstruction of a building is carried out with the provision of accommodation from the flexible fund. This is the name of the housing stock, which consists of premises intended for temporary residence of citizens. Residential premises from the flexible stock are provided for a short period of time under various unforeseen circumstances. The grounds for providing citizens with these residential premises are specified in Art. 95 Housing Code of the Russian Federation.

At the same time, residential premises from the flexible fund are provided to citizens at a rate of at least 6 square meters. meters per person. Regardless of the period of residence in the residential premises of the maneuverable fund, the citizen retains the right to return to the premises where major repairs or reconstruction are underway.

What if a person doesn’t want to move out?

Eviction from housing subject to major repairs or reconstruction has many nuances. Consulting an experienced lawyer can be very important for you. After all, it also happens that a living space after a major renovation or reconstruction is not preserved at all. Therefore, before signing an agreement with the landlord, consult with.

A citizen who has not given his consent to eviction from his home may be evicted in no other way than through a judicial procedure. Remember that as a result of reconstruction or major repairs, the living space may be significantly reduced in size. After returning to it, the tenant may be recognized as in need of housing (Article 51 of the Housing Code of the Russian Federation). When relocating residents, landlords are required to familiarize people with documentation related to repairs or reconstruction.

I recently learned from Komsomolskaya Pravda that our nine-story building was included in the list of houses being renovated this year (see addresses of major repairs in KP dated February 9). We are facing a major overhaul without displacing residents. I would like to find out in more detail how all this goes and how much inconvenience you will have to endure? Natalya Pastukhova. Central district.

As explained in the capital’s Department of Housing, Communal Services and Improvement, the main stages of repairs without evicting residents look approximately like this:

To begin with, representatives of the DEZ must go around the house with news of major repairs and obtain the consent of the residents for the upcoming work. If some apartment owners are against it, for example, they have recently spent a lot of money on European-quality renovations or, due to poor health, cannot even endure wallpapering, they will not be forced. It’s just that when replacing communications they will bypass it. That is, if you are completely satisfied with your new windows, then no one will touch them. If the whole house rebels against the renovation, then those in charge of the house and the entrances collect signatures from all residents to refuse. Then DEZ officially excludes the building from the list of major repairs.

If there is consent for repairs, utility workers draw up a so-called “defect sheet” for each apartment: at the request of the resident, problems that occurred through no fault of his own, which the family would like to get rid of during the overhaul, are recorded here. For example, cracks in the walls.

Through a competition, DEZ selects a company to carry out repairs and enters into an agreement with it. The same agreement is drawn up with each tenant. It must clearly state the timing, type of work and penalties for construction violations. Usually their amount is a certain percentage of the cost of the apartment according to the BTI certificate. The owner of the property will receive part of the money as compensation, the other part - DEZ. Residents can discuss the clauses of the agreement at a general meeting.

A month before the start of work, DEZ posts notices in the house indicating the start and finish of repairs. Residents will not have to guard their apartments for days on end. The agreed work schedule is attached to the contract. It should indicate that in apartment No. 1, for example, the glazing of the loggia will take place from 11 a.m. to 4 p.m. on the 10th of this month. This is how every movement of strangers around the house is recorded. At the same time, workers can make noise only on weekdays, no earlier than nine in the morning and no later than seven in the evening.

Work on weekends is specified separately. But it may also happen that on holidays and weekends both residents and workers will rest. Of course, you need to cover the furniture, cover the floors with newspapers and hide household valuables away. But workers must clean up “their” garbage themselves. Repairing a separate apartment takes about a month. Overhaul of the entire house lasts on average about a year. The period may extend if money is not received from the city budget on time. Or, conversely, the builders will complete the project within six months if there are no problems with finances. In addition, the duration of the repair torment depends on the number of apartments, entrances and floors. The reconstruction will not cost residents a penny.

Perhaps they will move out one apartment on the ground floor to accommodate security guards. The evicted downstairs will discuss whether they will leave their home temporarily or permanently. In other apartments, renovations often do not affect the kitchens and living rooms.

Acceptance of work takes place in the presence of the resident, representatives of the construction company and DEZ. Defects are eliminated free of charge within a pre-agreed period.

Where should i write:

“Komsomolskaya Pravda”, Stary Petrovsko-Razumovsky proezd, 1/23, building 1, 6th floor, Moscow, 125993 Call: pager 788-00-88 for subscriber 49754e-mail:

What issues are decided by the court when evicting from residential premises in connection with major repairs or reconstruction of a house? A major overhaul of a building is a repair carried out with the aim of restoring the life of the building, replacing, if necessary, structural elements and systems of engineering equipment, as well as improving operational performance.

Major repairs should include: increasing the thermal protection of building enclosures, replacing or upgrading windows and balcony doors, installing or replacing engineering equipment.

How to resettle houses during major renovations

The fact is that the contract for the premises being repaired is not terminated. The housing remains yours. Premises in the maneuverable fund are only for the period of repair, that is, temporary. And then you will reoccupy your premises.

Art. 88 of the Housing Code of the Russian Federation “Procedure for the provision of residential premises in connection with major repairs or reconstruction of a house”

Moreover, the landlord (most likely the municipality) is obliged to move you from your apartment to a temporary place of residence at his own expense.

But former residents can be evicted on a permanent basis, that is, by providing them with other, not temporary, but permanent housing.

True, this is only possible with their personal consent.

In this case, new residents can move into the old house by drawing up a new social tenancy agreement with them.

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What type of major renovations will your home need?

Includes replacement of building support structures and alterations to redevelopment. It is possible to increase the number of floors, as well as create extensions.

Residents of the houses are relocated for temporary or permanent residence to available reserve housing.

It is carried out when, given the overall satisfactory condition of the building, its individual elements are subject to replacement or repair.

For example, elevator equipment is being modernized or the roof is being reconstructed.

Final acceptance of the work is carried out by representatives of the DEZ in the presence of the resident of each specific apartment.

How are major renovations carried out without evicting residents?

Acceptance of work takes place in the presence of the resident, representatives of the construction company and DEZ.

Defects are eliminated free of charge within a pre-agreed period. The column is led by Svetlana OLIFIROVA: - I answer your questions! Write, call! “Komsomolskaya Pravda”, Stary Petrovsko-Razumovsky proezd, no.

1/23, building 1, 6th floor, Moscow, 125993 Call: pager 788-00-88 for subscriber 49754e-mail:

Residents can achieve repairs to dilapidated houses at the expense of the city themselves

repair of roofing, restoration of temperature and humidity conditions, repair of gutters, parapet gratings; 4) central heating systems, ventilation, in-house hot and cold water supply systems, sewerage systems, equipment for installation of apartment water meters; 5) replacement of engineering systems; 6) electrical installation work; 7) replacement, repair and removal of gas equipment to the façade; 8) repair, replacement and modernization of the elevator; 9) repair of indoor common areas, including staircases and staircase-elevator halls, service and technical premises; 10) repair and partial replacement of entrance doors with the installation of closers and stops; or replacement of smoke removal systems and automatic fire protection systems (remote control and fire control systems) and more.

Eviction from housing subject to major repairs or reconstruction

Reconstruction of the building includes redevelopment of the interior, strengthening of load-bearing structures, changing the number of floors, and replacing communications. Eviction from housing in connection with the repair or reconstruction of a building is carried out with the provision of accommodation from the flexible fund.

This is the name of the housing stock, which consists of premises intended for temporary residence of citizens.

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Major repairs are various types and volumes of repair work, which are designed to keep the house in acceptable condition, and also guarantee safety and convenience for its residents.

Even the Civil Code empowers tenants to keep their home in acceptable condition in Article 210.

Article 210. Burden of maintaining property
The owner bears the burden of maintaining the property he owns, unless otherwise provided by law or contract.

However, in practice it is not so simple. After the introduction of mandatory payments for mandatory capital repairs, many people express their protest.

Residents of new houses do not understand where their funds will go, because the house has just been commissioned, and citizens, accustomed to eliminating problems efficiently and at their own expense, also do not want to pay for someone else’s work.

There is a separate category of citizens who directly say: I don’t want and won’t pay. These people simply do not trust their management company or HOA, and therefore do not at all want to pay money for the needs of major repairs.

Tariffs for major repairs vary depending on the city in which you live. The highest prices apply to residents of the capital, slightly less - in regional cities.

Not all funds donated for major repairs are spent rationally and Citizens understandably want to protect themselves from being deceived, so they refuse to pay bills.

The amount of the accrued penalty is determined by the court. Of course, no one will file a claim against you if your debt is only 100 - 200 rubles.

But if the delay is of a more significant nature with the same significant amounts, then the management company or your HOA has no choice but to influence you through the courts.

The penalty cannot accrue forever. If contributions for capital repairs are not paid within six months, the court resorts to another measure of punishment and summons the defaulter to court for proceedings, no longer leaving him a chance for correction.

Inability to sell an apartment

What are the consequences of failure to pay for major repairs? When selling an apartment, the owner is required to take a certificate from the BTI, where it will be said that he has no debts for this living space.

However, no one can prohibit the sale of real estate even if the owner has debts. Only the buyer himself can refuse the purchase, but, as a rule, if there are debts, the buyer simply lowers the purchase price a little and the parties part ways.

Thus, Selling an apartment can be either a success or a failure., so don't take any chances with future buyers. It is better to pay off all debts in advance.

Fines

What happens if you don’t pay contributions for major repairs? If penalties continue to accrue for six months, and the owner does not react in any way to this action and does not intend to pay the bills, then the court summons him to a hearing.

Upon consideration of the case, if no reasons are identified that weaken the guilt, then the court, in addition to paying the debt and penalties, may impose a fine on the defaulter, commensurate with several future payments.

This is done to prevent the recurrence of such an offense.

Other consequences

Many people are interested in: if I don’t pay for major repairs, can they sue me? They can. And in addition to monetary penalties, the court may order the seizure of property from a citizen who belongs to him by right of ownership.

Bailiffs will come to the defaulter’s place of residence together with an appraiser and seize items that have a value commensurate with the debt.

The property will be sold at auction, and the defaulter will be warned about what may happen if the law is further ignored.

Another measure of influence is ban on leaving the country. What is the penalty for non-payment in this case?

The liability for non-payment of contributions for capital repairs is such that the name of the defaulter will be entered into a special database, which will not allow him to leave the country when checking documents at the border.

Restrictions on leaving the state will be lifted as soon as the debt is repaid.

In addition to the confiscation of personal belongings, in recent years such punishment as seizure of property. This punishment is carried out by bailiffs by court decision.

Bailiffs seize the personal property of the person or persons who are in default and do not release it until the debt is paid.

Besides, for preventive purposes, bailiffs can leave property under their control for several months in order to monitor how accurately the punished person makes payments in the future.

Only after this, the confiscated property is returned to the defaulter safe and sound with a warning about re-confiscation in case of non-payment of contributions for major repairs.

Can they be evicted?

Frequently asked question: I don’t pay for major repairs, what will happen to me besides fines and penalties? Can I be evicted?

Really, many citizens fear that they may be evicted from their homes. After all, sometimes circumstances develop in such a way that there is really no opportunity to pay for major repairs for a long time.

Since housing is privately owned by citizens, no one will be able to evict them, but the listed penalties will be applied mandatory until the debt is repaid.

It’s great when the state strives to take care of its citizens, but sometimes this care results in various discontent.

Lack of reform in the housing sector in our legislation allows residents, as well as employees of HOAs and management companies, to commit offenses that violate the interests and rights of the parties.

Careful control by the state and implementation of laws is the only mechanism, which will allow the system of fees for major repairs, as well as its direct implementation, to function ideally and in the interests of citizens.