Renovation results by addresses. The Moscow mayor's office has published a list of five-story buildings where the demolition vote will take place. What are the preliminary results
List of five-story buildings that are planned to be demolished, but which will be voted on by local residents. The decision to demolish each house will be taken by a two-thirds majority. Voting will take place from May 15 to June 15.
"The list includes five-storey buildings of the first period of industrial housing construction, as well as some other similar houses.What were we guided by when compiling the list? Firstly, the opinion of residents, and secondly, information about the technical condition of the houses.
The list includes five-storey buildings that are in an unsatisfactory technical condition, and in which a large proportion of residents (usually over 70%) wish to participate in the renovation program. The opinion of residents was clarified during special door-to-door telephone surveys conducted by the Moscow Government in April 2017.
Homes that a significant number of residents doubt or oppose are not included in the list, even though their technical condition leaves much to be desired. Nevertheless, residents of such houses may at the general meeting of apartment owners approve an application for the inclusion of a house in the project of the renovation program. These applications will definitely be considered in the most attentive way.
May 3, 10:24 The Moscow mayor's office adopted a decree determining the voting procedure for residents of five-story buildings, which are planned to be demolished. One of the points of the document provides that if the owner of an apartment or a person living in it under a social rent agreement does not participate in the vote, then this apartment is automatically considered to have voted for demolition.
6.4. If there is only one apartment owner or tenant under a social rental agreement who took part in the vote, his opinion is taken into account when summing up the voting results.Dmitry Varskoy, 06/18/20176.5. If all the owners of the apartment (part of the apartment) and (or) the tenants under the social tenancy agreement did not take part in the voting, their apartment is taken into account in the summing up of the voting results as the apartment that voted "for inclusion" of the apartment building in the draft program for the renovation of the housing stock in the city Moscow.
6.6. If only a part of the apartment owners (part of the apartment) and (or) tenants under the social hiring agreement took part in the voting, then the opinion of only those who took part in the voting is taken into account when summing up the voting results.
6.7. In other cases, the result of voting in one apartment is a simple majority of the opinions expressed by all voting participants who took part in the voting, who are the owners of the apartment (part of the apartment) and (or) tenants under a social tenancy agreement.
6.8. In the event of an equal distribution of opinions (votes) in relation to one apartment, voting on such an apartment is not taken into account and will not be accepted in the tabulation of the voting results.
6.10. An apartment building is considered supported for inclusion in the draft program for the renovation of the housing stock in the city of Moscow if the number of apartments that voted "for inclusion" of a multi-apartment building in the draft program for the renovation of the housing stock in the city of Moscow, including the apartments specified in clause 6.5 of this Procedure, exceeds 2/3 of the total number of apartments in such an apartment building, reduced by the number of apartments specified in clause 6.8 of this Procedure.
How did it all start?
"The law on the abolition of all laws" - this is how the political scientist Yekaterina Shulman described the scandalous "Law on Renovation".
On May 19, 2017, I personally attended a round table on the law on renovation in the Public Chamber of the Russian Federation. For the first time in my life, I was at a round table that lasted 4.5 hours, and even not everyone had time to speak.
I tried to objectively evaluate the renovation as a whole, as a project.
Most accurately my point of view is expressed by the work written by the expert group of the Sozidanie Foundation.
The Moscow government is making titanic efforts to create a positive image for the renovation.
In addition, despite the fact that the pages of the Moscow Government website are already in the TOP 3 of Yandex for almost all requests related to renovation, they still pay for Yandex Direct. According to conservative estimates, this is at least 179,990 rubles / month. It's only 1 word.
Who do you think is the money for this "banquet"?
The results of voting on the renovation of five-story buildings (look at the address of the house):
On the mos.ru/city/projects/renovation/ page, the Moscow Government offers to use the interactive service "see the results of the renovation vote"
Any negative trend is immediately processed by analysts, and the team of PR technologists gives an answer on the resources of the Moscow Government.
Note: infographics of the Moscow Government on the "silent" renovation
However, millions of rubles for the campaign and the work of hundreds of specialists did not calm Muscovites, who saw on YouTube a video with an apartment that had already been given out under the renovation program.
Explanation: the video that blew up YouTube - how the apartment for relocation will look like after renovation
ANALYTICAL NOTE based on the results of consideration introduced for the second reading
amendments to the draft Federal Law No. 120505-7 "On Amendments to the Law of the Russian Federation" On the Status of the Capital of the Russian Federation "and certain legislative acts of the Russian Federation in terms of establishing the specifics of renovating the housing stock in the capital of the Russian Federation - a city of federal significance Moscow" and Parliamentary hearings June 6, 2017, public hearings in the Public Chamber of the Russian Federation on May 19, 2017
Analysis of the norms of the draft law submitted to the State Duma of the Russian Federation, the Moscow documents adopted in its development, as well as a number of the main characteristics of the future renovation program, the amendments made to them, made it possible to draw the following conclusions about the developed program for the renovation of the housing stock and Muscovites, housing activists, experts had a number of questions , to which answers are to be received.
On June 9, at the second hearing, the deputies of the State Duma adopted draft law No. 120505-7, amending the law “On the status of the capital of the Russian Federation” or, as it is called, the law on renovation in Moscow.
conclusions
The amendments eliminating the inherent opportunities for violations related to property rights were not made to it. Why did the legislator initially adopt a law that repeals other laws? The adopted version of the draft Federal Law "On Renovation" cancels the norms of other Federal laws. It limits the right to private ownership of housing in one particular region. No new law is needed to demolish dilapidated emergency housing, housing that threatens the life and safety of those living in it. The new law is needed to introduce new exceptions to make it simpler and easier for the Moscow construction complex and the Moscow authorities to demolish real estate, which is declared morally obsolete and uncomfortable. It is impossible even by force and authority of the lower house of Parliament to pass a law that cancels a number of other laws. The very practice of prescribing exceptions, territorial or temporary, is a rather vicious legal endeavor. Federal legislation is not adapted, should not be adapted to respond to the situational needs of anyone. In this case, ostensibly for the elimination of dilapidated housing and renovation of territories. It provides a general framework that guarantees the rights of citizens, and this law creates a framework that allows these rights to be violated. Property issues, property ownership cannot be resolved in this way. It is proposed that the Moscow government be given a "special right" to regulate relations regulated by the Urban Planning Code, the RF Housing Code, the Land Code, which contradicts Articles 71 and 72 of the Constitution of the Russian Federation. Due to the fact that these contradictions in the draft law have not yet been eliminated, it needs to be finalized. And to draw conclusions about weakly working filters, due to the lack of a wide public, expert discussion. In Moscow, there is a continuous agreement, the resolution of the hearings in the Public Chamber of the Russian Federation has not been published and has not yet been sent to the Government and the State Duma.
1. This year, the Moscow Government is completing a comprehensive reconstruction program for five-story buildings of the first period of industrial housing construction, during which 1,800 houses were demolished, and no special law was required to implement it. There are no emergency houses left in Moscow? Homes in need of renovation? Not all obligations have been fulfilled for houses of other storeys.
The concept of a new program appears - renovation, involving the demolition of five-story buildings of the "period of the first industrial construction" by quarters with the further construction of new housing and landscaping in their place / in the second reading the list of demolished houses was expanded to 9-storey / and a special federal law was suddenly required for it. For what?
There were many complaints about the fact that the bill does not say about the number of storeys of buildings included in the renovation program. Well, we were heard and the provisions of the bill were concretized. By the second reading, houses up to 9 floors were added to the demolished houses. Until now, we were talking about five-storey buildings, but, apparently, given the duration of the program / 10-15 years /, dilapidated housing stock, in the future, higher buildings are included. This significantly increased the circle of citizens interested and concerned with issues.
2. According to the Housing Code of the Russian Federation, the land on which the high-rise building is built belongs to the owners of the apartments of this building on the basis of common shared ownership, like other common property. This includes all the elements of landscaping and landscaping located on the site. The land plots on which the residential buildings are located had boundaries, and their records were kept. Residential buildings and land plots during the existence of the RSFSR had an unlimited user and were subject to mandatory legal registration.
Why for these previously recorded areas the data were not transferred and not included in the cadastre, in accordance with the current legislation? The consequences of this still affect the minimization of land plots of apartment buildings and urban planning conflicts. The issues of ownership, ownership of property have to be proven in courts for years.
In the comments to the Land Code of the Russian Federation (as of May 15, 2002) it is said: “From the day of the introduction of the Labor Code of the Russian Federation, the privatization of buildings, structures, structures is not allowed without the simultaneous privatization of the land plots on which they are located. When concluding a contract for the sale of a building, structure or other real estate, the buyer simultaneously with the transfer of the right to such real estate is transferred the rights to that part of the land plot that is occupied by this real estate and is necessary for its use. " Accordingly, courtyard and adjoining territories are not city property. The adjacent territories are part of the common property of the owners of residential premises of an apartment building (Article 130 of the Civil Code of the Russian Federation, Article 36 of the LC RF).
State registration of rights to residential premises of apartment buildings is a simultaneous / state registration of rights to common property "(clause 2 of article 23 of the Federal Law of July 21, 1997 No. 122-FZ" On state registration of rights to real estate and transactions with it ") ...
The right to immovable property that arose before the entry into force of this federal law is recognized as legally valid in the absence of their state registration. State registration of rights in this case is carried out at the request of the owners.
Due to the loss or unavailability of documents, non-compliance with the legislation, it became possible to carry out the interception with a reduction in the area of land plots of apartment buildings. And the disposal of an unregistered land plot of an apartment building by the owner represented by the executive authorities of the city of Moscow. This massively violates the rights of apartment building owners.
The norms and rules of technical operation required the availability of technical documentation for long-term storage, including documentation of the land plot:
Site plan on a scale of 1: 1000 - 1: 2000 with residential buildings and structures located on it;
Acceptance certificates of residential buildings from a construction company with a number and date;
Land use act;
Passport of the land plot.
How did the public authorities take into account and keep these documents?
What is being done to restore the lost?
The presence, safety, information transparency, the availability of obtaining these documents should exclude inaccuracies when taking into account the boundaries of adjoining territories and establish the legality of their changes, the legal owner.
Offer
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Include in the clause below of the terms of the contract, in addition to information about the premises, the reduction / description / common ownership, including the land plot with an indication of its cadastral number, which, by virtue of the law, becomes the common ownership of the owners of the premises of an apartment building: "- information about an equivalent dwelling (indicating the cadastral number of such a dwelling), or in the cases established by part four of this article, information about an equivalent dwelling (indicating the cadastral number of such dwelling), transferred to the owner of the dwelling or the size and procedure payment of equivalent compensation in cash; " Clearly spell out the guarantees of the executive authorities that they will be formed and transferred, simultaneously with the received premises, indicating in the contract for the transfer of registration cadastral information, to the common ownership of the owners of the premises of apartment buildings of land plots, no matter whose ownership or disposal they were at the time building a house. It is necessary to record the transfer of ownership of the land plot into common share ownership at the time of signing the first contract with the owner in the new house. Since for the period of construction, land plots may be owned by the city of Moscow, be transferred to the Moscow fund for the renovation of residential buildings for rent or for free use, then to the developer. The task of the city authorities, in this case, is to resolve the issue of registering the land plot of an apartment building / taking into account it as a common property /, in order to avoid conflict situations and increase the financial costs of migrants. |
3. The bill provides an excessive freedom of legal regulation to the regional legislator, which can lead to a violation of the rights of citizens and legal entities;
Example - Article 4 of the Law of the Russian Federation of 15.04.1993 No. 4802-1 (Powers of the state authorities of the city of Moscow in connection with the performance by the city of Moscow of the functions of the capital of the Russian Federation) is proposed to be supplemented with the following paragraphs:
“… Determine the list of series and codes of projects of apartment buildings of the first period of industrial housing construction, which are subject to demolition in accordance with this Law;
determine the lists of apartment buildings that fall within the boundaries of the territory subject to renovation, are similar in their structural characteristics to apartment buildings belonging to the series defined in accordance with paragraph nine of this article, and which are subject to demolition in accordance with this Law;
make, on the basis of the program, decisions on the renovation of the housing stock in the city of Moscow (hereinafter referred to as the decisions on renovation), containing a list of apartment buildings subject to demolition in accordance with this Law, indicating their addresses, information on the boundaries of the territory to be renovated, on other capital construction projects , which are not objects of housing construction and located within the boundaries of the specified territory, as well as establish a list of other information included in the decision on renovation ... ".
Another example - changes in the rules of land use and development can be approved under the bill simultaneously with the approval of the documentation for the planning of the territory. The priority of the planning documentation is removed, which is designed to consolidate the predictability of urban planning policy, and can be controlled by the townspeople through public hearings.
The norms that ignore the articles of the Grad Code of the Russian Federation are directly spelled out.
4. The RF Law "On the Status of the Capital of the Russian Federation" regulates the powers of the city of Moscow related exclusively to the representative functions of the capital, such as "to represent land plots, buildings, structures, housing stock to federal authorities, as well as diplomatic missions of foreign states."
To authorize Moscow, as the capital, by federal law to “approve the renovation program”, which provides for “Features of the regulation of urban planning and land relations, housing rights of citizens, relations related to state cadastral registration of real estate objects and state registration of rights to objects on the territory of the city of Moscow real estate and transactions with them, technical regulation in the field of construction for the purpose of renovating the housing stock in the city of Moscow "is, in fact, to give the capital of the Russian Federation (with limited representative functions) a" special right "to regulate relations regulated by the Urban Planning Code, the RF Housing Code, The Land Code, which contradicts Articles 71 and 72 of the Constitution of the Russian Federation.
5. Draft Law No. 120505-7 and the decree of the Moscow Government dated May 2, 2017 No. 245-PP "On taking into account the opinion of the population on the project for the renovation of the housing stock in the city of Moscow," adopted ahead of schedule in its development, essentially break the legal structure of property rights, creating a basis for its forced withdrawal, equating the demolition under the renovation program to an exceptional case provided for in the legislation - the accident rate of the house.
Offer
Amendments taking into account that
The relationship between the public authorities and the owner of the premises of an apartment building regarding an individualized object - an apartment, room or premises and obtaining consent to replace it must be based on an agreement, any vote or survey in this part is of an informational nature.
On the issue of the termination of the existence of the object of law - common ownership, including the land plot, the consent of all owners / 100% / is required.
D. Kozak voiced that the minority should obey the majority in matters of disposing of such a complex object as an apartment building, including making a decision on renovation. In such a case, this law restricts ownership.
Offer
Then it is necessary to amend the Civil Code and the Housing Code of the Russian Federation. This issue is not included in the competence of the general meeting of owners of the premises of an apartment building.
6. From article 7.3
“In the event that the agreement on the transfer of ownership of a residential premises located in an apartment building included in the decision on renovation is not concluded in accordance with the established procedure after sixty days / an amendment has been made to the second reading - 90 days / from the date of sending to the owner of the residential premises proposals for the provision of an equivalent residential premises, eviction, release of the specified residential premises, termination of ownership of the specified residential premises and registration of ownership of an equivalent residential premises are carried out in a judicial proceeding. "
Offer
It is necessary to amend Article 7.3 and extend the period from the date of sending the proposal to the owner by more than 90 days / set a period of 120 days / in order for citizens to have time to draw up documents by inheritance, return from a long business trip, from a hospital after treatment or a center rehabilitation, solve difficult life situations, circumstances associated with a long absence.
7. The city delegated the right to vote at general meetings of owners, but the RF Housing Code does not stipulate the possibility of participating in the meeting and voting by the employer who presented the lease agreement. By presenting a contract of employment, authorized representatives of the city - employers can vote in the social survey structures of the MFC and on the portal "Active Citizen". The minutes of the general meeting is an official document and the procedure for the meeting is clearly spelled out in the Housing Code of the Russian Federation. According to the current legislation, the owner's representative takes part in the voting on the basis of a power of attorney.
From the bill:
The OIV “take, on the basis of the approved renovation program, decisions on the renovation of the housing stock in the city of Moscow (hereinafter referred to as the decisions on renovation), containing a list of apartment buildings subject to demolition in accordance with this Law, indicating their addresses, information on the stages of implementation of the decision on renovation ( if any), as well as information on measures to implement such a decision and the approximate timing of their implementation; "
It follows from this that first a program with a list of houses is approved, then information polling procedures are carried out, procedures for making decisions on entering the renovation program by general meetings of owners of apartment buildings. So the decision of the OSS is still the same as in the original version of the bill, does not play a decisive role in the inclusion of the house in the list for demolition and the formation of the program?
From the bill:
"Establish, in accordance with this Law, the procedure and forms for identifying and taking into account the opinions of citizens in the formation and implementation of the renovation program;"
The procedure and forms for identifying and taking into account the opinions of citizens have already been determined in previously adopted regulatory documents, including in the form of a survey. To conduct it in the form of a survey on the MFC or on an Active Citizen, no additional norms are required.
Legally significant is the decision of the OSS / general meeting of owners /
Conclusion: an attempt to replace legally significant actions remained in the project
The number of votes on joining the renovation program at the OSS in an apartment building should not be established by a regulatory legal act of the city of Moscow, only the Housing Code of the Russian Federation determines the issues of the competence of the OSS and the number of votes for their adoption. It needs to be amended.
The project says - If a decision is made, an apartment building is subject to exclusion from the project of the renovation program, the renovation program.
The question is why the owners are forced to conduct OSS in order to leave the program in which they were included without their decision at the general meeting, but on the basis of information polls at the Active Citizen and in the MFC?
It is another matter if the decision to enter the program was made at the OSS, and then for some reason the owners changed their minds and conducted the OSS to exit from it.
The whole question is that decisions by the owners of the premises of the MKD are made exclusively by the OSS and this is governed by the norms of specialized law - the RF Housing Code.
The city of Moscow delegates the right to vote at general meetings of owners on the issue of inclusion in the renovation program, but the RF Housing Code does not stipulate the possibility of participation in the meeting and voting by the employer who presented the lease agreement. By presenting a contract of employment, authorized representatives of the city - employers can vote in the polling structures of the MFC and on the portal "Active Citizen". The minutes of the general meeting is an official document and the procedure for the meeting is clearly spelled out in the Housing Code of the Russian Federation. According to the current legislation, the owner's representative takes part in the voting on the basis of a power of attorney.
Offer
8. The bill does not indicate that the program should contain the implementation timeline for each apartment block from the list of houses included in the renovation. For example, according to previously adopted documents, residents will learn about the demolition at least a year in advance.
9. The first resettlements will be exemplary, but in the future, part of the households as a result of the program may suffer economic losses of up to 10-40% of the cost of existing housing due to the provision of new housing with a lower market value (that is, not equivalent, but equivalent), an increase in payments / elevator, maintenance and repair, taking into account the increase in the area of common property /.
10. The voting rules established by the mayor's office affect its results and indicate the interest of the developers in a positive decision on the demolition of the house. Initially, a rule was introduced on the registration of apartments that did not participate in the vote as being in favor of demolition. In the amendments to the second reading, an amendment has been made - the votes of the "silent" will be counted proportionally. At the MFC, samples were filled out with a positive answer on the question of inclusion in the renovation program. The computer voting system in Internet systems caused a lot of criticism in the elections to the previous composition of the Public Chamber of the Russian Federation.
Why is the voting not based on taking into account the votes exclusively of the owners of the premises of an apartment building and their authorized persons at the general meeting of owners? This will allow you to get a more reliable result of the expression of will, recorded in an official document - a protocol.
Offer
Leave one form for taking into account the opinions of residents - based on the results of the decision of the general meeting of owners of the premises of an apartment building.
11. The question of the reliability of information about the technical condition of the house and the non-profitability of the overhaul in the houses of the quarters included in the program. These houses were surveyed earlier when the overhaul program was launched in Moscow, data from the BTI, Moscow Housing Inspection, monitoring were taken into account, sometimes additional surveys were carried out. Taking into account the technical condition, the houses were included in the overhaul program. Some for a very long time. Some of the houses included in the program have undergone major overhauls over the past two or three years. And after that they ended up in non-repairable ones. Such contradictory actions of the public authorities do not inspire confidence.
Offer
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Before the general meetings of the owners of the MKD premises, at the stage of their preparation, authorized representatives of residents must take part in a survey of the technical condition, reliable information and documentation on the technical condition of the house must be provided, in order to form an opinion, make proposals and make a decision on entering the renovation program. To take into account the need to develop modern standards for determining the technical condition based on the results of instrumental control methods using modern devices using both contact and non-contact measurements. |
12. From the text of the draft law on guarantees to residents - “The amount of equivalent compensation provided for by this part is determined according to the rules established by part 7 of article 32 of the Housing Code of the Russian Federation. The specified application may be sent to the authorized executive body of the city of Moscow within thirty days from the date of receipt by such owner of the draft agreement concluded in accordance with part four of this article and providing for the transfer of ownership of the residential premises subject to the provision of equivalent residential premises. "
13. The draft law does not include a norm regulating the number of proposals / at least three by analogy with the previously adopted norms / on the premises provided in exchange for the transferred to the city, which lays down mechanisms for abuse.
Questions
1. The key concept of the bill - "the first period of industrial housing construction" - is absolutely not a legal concept. What is the "industrial period of housing construction" from the point of view of the law?
This wording needs to be clarified.
For the second reading, amendments were made, but not to the concept, but to the houses attributed to this period.
2. Residents of uncomfortable, outdated housing stock / including dormitories / are invited to hold a general meeting of the owners of an apartment building in order to include it in the program. Upon hearing the mayor, residents begin to prepare and hold meetings. There are many “non-block” houses in the city in which people want to move and the houses are really dilapidated. How will the fate of such houses be decided?
3. How will the rights of residents in houses located in close proximity to new construction be taken into account and protected? The increase in number of storeys, density, change of architectural panoramas, certainly affects their interests.
For some of the houses of the existing development, access to recreation facilities and the ecological situation in the area of residence may deteriorate. When renovating the territory, the technical condition of nearby buildings may deteriorate.
4. In the media, representatives of the Moscow Government, deputies announced that amendments have been made to the second reading and that during the implementation of the program, the conditions on the waiting list will improve and communal apartments will be resettled. And how will these issues be resolved in houses demolished not under the renovation program? Will it not turn out that conditions are not equal?
5. Will a program for the reconstruction of non-quarterly apartment buildings be adopted? but "pointwise" in the current development? Metropolitan architects have accumulated, collected and generalized experience, both foreign and domestic - Moscow - Mishina street, Khimki boulevard, Kaliningrad and many others. Experts have calculated the economic effect - 30% of investments in new construction? Do you need to demolish whole blocks of houses or decide the fate of each individual house, "diagnosing and prescribing the right treatment"? Moreover, there are “refuseniks” and non-residential buildings inside the quarters. The bill refers to the territories - quarters / microdistricts /, subject to renovation. After the amendments were made and the first results of the voting (about a hundred houses voted against), such a declared structure begins to crumble.
6. From the text of the draft law - "In the case of preparation of documentation on the planning of the territory in order to implement the decision on renovation in relation to the territory, within the boundaries of which the implementation of activities for its integrated and sustainable development is not provided, the project for the planning of the territory may not contain information, documents, materials, the need to include which is provided for the case of preparation of the project for the planning of the territory subject to integrated and sustainable development in accordance with the Urban Planning Code of the Russian Federation. "
In this norm and below those prescribed in the bill, nothing has changed from the first reading and the legislators are ready to grant Moscow excessive powers, taking it out of the scope of the RF Grad Code, which protects the rights of Muscovites, thus laying the foundation for future urban planning conflicts. What is the purpose of adopting such norms?
7. From the text of the draft law on guarantees to residents - "Owners of residential premises in apartment buildings subject to renovation (hereinafter referred to as the owners of residential premises), and tenants of residential premises in apartment buildings subject to renovation, in order to ensure their housing rights, instead of the specified residential premises, equivalent residential premises are provided . "
In the second reading, the equivalence, and not the equivalence, of the living space provided in exchange was left. The promises remained in words and did not fit into the norms of the law?
Why are the criteria for housing provided - apartments / premises / not taken into account the number of storeys, the location of the building, the distance from the metro and shops, social facilities?
8. From the text of the bill on guarantees to residents - “the construction of an apartment building in which the dwelling is located was carried out on a land plot owned by the city of Moscow or on a land plot, state ownership of which is not delimited (including on a land plot provided in accordance with with the land legislation to the Moscow fund for the renovation of residential buildings for rent or for free use).
It is necessary to legislate the city's obligations to form and register a land plot of a newly built apartment building in order to comply with the norms of the RF Housing Code, ZK, Civil Code. A direct rule of law would not allow unscrupulous officials, representatives of the Tax Committee of the Renovation Fund to violate the rights
owners of the premises of an apartment building when moving to a new house. Why didn't the rights of the weaker party receive additional protection?
9. Isn't it better to regularly, systematically and comprehensively solve the issues of all housing that is approaching dilapidation? By carrying out timely and high-quality overhauls, reconstruction, modernization, raising the level of work on current maintenance and repair? The provision of housing in Moscow is also at a low level. Why in a hurry to adopt not a high-quality legal act?
Expert group of the Sozidanie Foundation
Hands. Tatiana Varskaya
Chukanova M.A.
Druzhinina I.N.
Denisenko T.I.
Alieva L.V.
Stefanovskaya N.V.
2. My house is not on the renovation list. Can he get there after the approval of the program?
Yes. After the adoption of the bill, any house up to nine stories high, built between 1957 and 1968, will be able to enter the demolition program, if at least 2/3 of the owners or tenants of social rent housing vote “for” at the general meeting.
Residents of 292 apartment buildings who were not included in the preliminary list for inclusion in the renovation program at general meetings of owners.
3. Where can the list of houses to be demolished be examined and how was it compiled?
There is currently no exact list of houses that will be demolished. Vice-Mayor of Moscow Marat Khusnullin and other representatives of the capital's Stroykompleks reported that experts from the Moscow Housing Inspectorate examined the state of structures and engineering systems in more than 8,000 houses. At the same time, the appeals of residents were studied, consultations were arranged with municipal deputies and elders at home. In April, at the request of the mayor's office, door-to-door calls were made to residents. As a result, a list of houses was compiled, the owners of apartments in which are invited to vote for or against their demolition. The list is published on the official website of the Moscow government.
4. Our house is on the list, but we don't want demolition. What can be done?
According to the Moscow authorities, even if a house is included in the list, its demolition can be avoided if more than 1/3 of the apartment owners and those living in the house under a social tenancy agreement vote against the demolition. Voting ends on June 15th. But if you want to include your house in the demolition program, do so following a general meeting of residents by July 15th.
10. I live in a communal apartment. Will I get the same room or a separate apartment?
According to the amendments adopted in the second reading, during the renovation, citizens who own rooms in communal apartments will receive separate apartments.
11. Will they be demolished by neighborhoods or individual houses?
There is no clarity with this issue. The bill deals with apartment buildings and specific solutions for each of the buildings included in the program. Earlier, Vedomosti, citing sources in the Moscow government, wrote that houses would be demolished in blocks, and that if buildings with a higher number of storeys, for example, nine-storey buildings, were to be demolished in a block of five-story buildings, they would also be demolished.
The heads of the administrations at the meeting with the residents of the districts were not so categorical. “They will be demolished by neighborhoods, but if the house does not want to be demolished, it will not be demolished,” the acting Acting said. the head of the district council Timiryazevsky Alexander Panasenko. “They will definitely not demolish the blocks,” the head of the Khoroshevsky district Dmitry Filippov put forward his version. The head of the Tagansky district, Alexander Mishakov, has the same information. Obviously, officials in the capital do not yet understand how the demolition of houses in their districts will be organized.
12. I have an apartment in a house taken on a mortgage for demolition. What to do?
Moscow authorities reassure apartment owners who are paying mortgage loans to the bank. According to them, for them, everything will remain unchanged - all the rights and obligations of the owners of such apartments remain the same as they have spelled out in the agreement with the bank. In addition, banks will not be able to demand early repayment of such a mortgage. “The bank will not have the right to demand early repayment of the loan,” Sobyanin points out. At the same time, representatives of banks and lawyers interviewed by RBC note that in such a situation, the owners of mortgage Khrushchevs will need to promptly re-register the pledge agreement at the bank, indicating a new apartment in it. “The procedure itself may entail additional financial costs for the bank's borrowers,” experts warn.
13. Will the houses for relocation be better than the demolished ones?
The Moscow authorities promise that the apartments and the houses themselves will definitely be better than the Khrushchevs and "will last a hundred years." From what was announced, moving Muscovites have already been promised a larger area of corridors, kitchens and bathrooms, as well as higher ceilings. You won't have to pay extra for all this. The authorities promised to help with the transportation of things. Double-glazed windows, entrances adapted for disabled people and mothers with strollers, modern elevators are promised. Besides, "bright facades" are promised. The houses themselves will be built from "new generation panels" and as a monolith. As examples of new housing, the mayor's office has published photographs of already completed projects of houses built by the PIK group and the FGC Leader company. The project will involve "the best architectural bureaus of Moscow," promises the head of the Moscow Committee for Architecture and Architecture Yuliana Knyazhevskaya. June 5 booklet "Standard of Construction and Finishing for Residential Buildings under the Renovation Program" with images of houses and apartment finishes. According to the booklet, the floors in the new apartments will be covered with linoleum and laminate, the walls will be finished with tiles and paintable wallpaper. A system for automatic adjustment of the temperature "water and heat supply" will also be installed. The system will take into account the weather outside, the booklet says.
14. When will demolition begin?
Now they are demolishing the Khrushchevs, the decision to relocate which was made by a decree of the Moscow government back in 1998. This “first wave” of demolition is due to end in 2018. The timing of the new program will be determined after the State Duma adopts the law "On Renovation". But the authorities intend to begin resettlement in the fall of 2017. According to the amendments adopted in the second reading, the order of demolition will be tied to the degree of depreciation of the house. Nobody knows how long the program will last. Marat Khusnullin estimated the time frame for its implementation at 15-17 years. "
15. Does the decision on the massive demolition of owned housing violate the constitutional rights of Muscovites?
This question was asked to officials by residents of several districts. Indeed, Art. 35 of the Constitution of the Russian Federation guarantees citizens the inviolability of private property, with the exception of a court decision or an exemption for state needs with equivalent compensation. Officials from different regions answered similar questions in the same way - they advised to apply to the Constitutional Court.
16. Can I get money instead of an apartment?
Yes. To do this, the owner must send a corresponding application within 30 days from the date of receipt of the draft agreement on the provision of new housing to him. If minors, incapacitated or partially capable citizens live in the apartment, it is impossible to receive compensation instead of apartments. In addition, the owner of a dwelling on which there is a restriction of rights or encumbrance cannot count on it.
17. I own a non-residential premises on the ground floor of a building included in the renovation program. Will I get a refund?
Yes. According to the amendments adopted in the second reading, the authorities promise to buy out non-residential premises located in houses for demolition at market value if their owners are not satisfied with the proposed alternative.
To make the final decision on each house that is included in the renovation program, the Moscow City Administration takes into account the opinion of the residents of each resident of the house included in the list. For this, it is customary to introduce online voting. A rather important aspect is the question of whetherWhen will the voting for the demolition of five-story buildings begin??
On May 15, 2018, a survey was launched regarding the renovation program. The challenge for the residents was to decide the fate of their home about participation or rejection of the project. The deadline for making a decision was given until June 15.
The voting process is as follows: a public poll is offered, to which a single question is attached. The essence of the question is: does the resident agree with the inclusion of the house in the program, subject to the provision of new living space.
There are only two answer options:
- No.
Recall that a decision in favor of demolition and relocation of tenants is made only in case of 2/3 positive answers for each house.
Where to vote for house demolitions and see the results
Before direct voting, you need to register on the Active Citizen website. Next, you need to fill out a profile, which indicates the registration address, place of actual residence, passport data, SNILS, personal account number and work address.
If some data is not filled in, the vote will not be counted.
Also, everyone is given the opportunity to re-vote. This opportunity can be used only within a certain period of time and only from the "Active Citizen" base. The vote will be taken into account after additional processing, which lasts four working days. In this case, only the last vote counts.
In addition, if the opinion of several tenants of the apartment is divided, then the opinion of the majority is taken into account. Also addition is that in case of equality of votes all of them are counted as “for”.
Alternative way to accept or refuse to participate
You can decide the fate of the house in the project voting personally with the residents of the house. To do this, you need to organize a general meeting of all residents of the house, draw up a meeting protocol, collect photocopies of documents confirming ownership or a social loan agreement.
Vote for the demolition of five-story buildingsor against it only all inhabitants must. After that, the percentage of votes is calculated and the rest of the documents are collected for transmission to the district administration.
Who is eligible to take part in the survey
The following people can take part in the survey:
- owners of an entire apartment;
- owners of shares;
- tenants according to a lease agreement;
- legal representatives, guardians or parents of children under the age of 18, if the child owns part of the apartment.
In order for the "demolition of five-story buildings" to take place, the survey must show the majority (namely 60%) of positive decisions.
Despite the fact that the voting has long been completed and the lists of five-storey buildings have been published, one should not forget about the portals "Active Citizen" and "My Documents". In cases where a particular house wants to join or exclude its presence in the renovation program, a public vote will be held on these resources.
Meanwhile, on June 17, at the VIII Moscow Civil Forum, a plenary session "Moscow. Renovation. Building the Future" was held.
Over the past two months, the Public Chamber of Moscow has held more than 30 round tables on this topic. More than 1000 residents of Moscow took part in them, as well as experts, representatives of non-profit organizations and the city authorities. During the discussions, the main issues of renovation were discussed: social and medical support for residents, ecology, development of architecture and construction, transport system, dialogue between authorities and society, electronic voting.
At today's plenary session, the forum participants, heads of round tables and discussions presented their recommendations on the renovation program to Mayor Sergei Sobyanin and the Moscow government. Most of them concern the planning of new quarters, landscaping of courtyards and streets, solving transport problems in renovation areas, the quality of apartments for relocation, and psychological assistance to residents of demolished five-story buildings.
The question is important, we are talking about not only improving the lives of millions of Moscow citizens, but also essentially saving their property so that housing does not become hazardous, '' Sergei Sobyanin said. - It's about creating a new environment and providing better living conditions. Old housing is a problem in all large cities. Moscow receives greetings from the past, when millions of square meters of housing are turned into emergency. The fact that we tackled this problem is a historic decision. Moscow has accumulated extensive experience in housing renovation and demolition of five-story buildings. Mass demolition has been taking place over the past 20 years. But the previous program differs in many ways from the previous one. Now we make the decision about the program in the conditions of the established civil society. Now we have reached the federal level of adopting a law that spells out the rights of citizens. This gives a completely different scale of discussion and discussion of the problem. Not only Muscovites, but also the majority of Russians follow this program.
According to the mayor, the demolition of five-story buildings will change the urban planning situation in Moscow.
On June 17, at the VIII Moscow Civil Forum, a plenary session "Moscow. Renovation. Building the Future" was held. Photo: Stoyan Vasev / TASS
We plan not only to build new houses, but also to create new comfortable public spaces, - said Sergei Sobyanin. - It is clear that this is not easy, there are political, economic and other restrictions, but if we do not set ambitious goals for ourselves, the city will not develop and move forward. The main thing is that the decision remains with the Muscovites. Nobody is hostage to this program.
The numbers look like this:
4546 houses, in which there are 338.5 thousand apartments, took part in the voting. In total, residents of 241 thousand apartments, or more than 70 percent, expressed their opinion. In 4490 houses, more than 50 percent of the apartments were left by votes.
4079 houses, or 90 percent of the total number of houses, were in favor of including the house in the renovation program. In fact, in every second house, the vote was unanimous. It is these houses that can be included in the project of the renovation program.
Residents of 276 houses, or 6 percent of addresses from the list, refused to participate in the renovation. However, they left the program after voting in the "Active Citizen".
Another 191 addresses will not be included in the renovation program either. These are 184 houses in which residents were divided in their opinions and could not decide. Another 7 houses did not vote at all.
In the near future, the Public Chamber of Moscow will compile a paper archive with a report on the results of voting in the MFC and Active Citizen. "If you add up all the pages of this report, you get six five-story buildings of volumes," - said Konstantin Remchukov. In a few days, everyone will be able to contact the Public Chamber of Moscow and see how their homes voted.
BY THE WAY
Relocation from five-story buildings in Moscow: Is it possible to refuse demolition if the house is on the final list
Muscovites still have questions about the new demolition program. The main ones were explained by the Moscow government
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