Emergency housing is living quarters that are in poor condition, so such housing cannot be used by people for permanent residence. The state is trying in various ways to vacate such houses by evicting citizens, after which they can get new apartments. At the same time, some people want to buy such housing in order to further count on new real estate.
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Is it possible to sell housing that is considered unsafe?
There is no strict prohibition in the legislation, on the basis of which it is not permitted to draw up a purchase and sale agreement for an apartment located in a dilapidated building.
Therefore, this can be done, but if this is carried out immediately before the eviction of citizens, then such a transaction may be considered fraudulent.
How emergency housing is sold
This process is practically no different from selling any other apartment.
Important! The only exception is that the seller, who has found a buyer for the housing, is obliged to notify him that it is the apartment that is being sold, which is located in a house entered in the register as an emergency building.
It is advisable for the buyer himself, before signing the contract, to check the information by obtaining an extract from the Unified State Register of Real Estate, since many people usually keep silent about the fact that their house will soon be demolished.
Although there is no ban on the sale of such housing, sellers face certain restrictions:
- It is not allowed to sign a purchase and sale agreement if there is already a court decision to forcibly evict the owner of the apartment, if he himself refused the redemption price or a new similar housing, which leads to the filing of a claim in court by the municipality;
- the owner has already entered into an agreement with the municipality that the redemption price will be paid to him or the property will be exchanged.
Important! The decision that a structure is unsafe is made by a special interdepartmental commission, for which a specialized technical examination is first carried out.
What are the benefits of buying emergency apartments? Watch in this video:
Legislative regulation
The sale of emergency housing must be carried out taking into account legislative norms, which include:
- Art. 32, 86-89 ZhK;
- PP No. 47, containing information about what requirements housing must meet, as well as under what conditions further residence in it is not allowed;
- Federal Law No. 185 indicates how issues are regulated on the basis of which the state provides financial support to owners of apartments in a dilapidated building.
All owners of such housing should carefully study all these regulations.
In what order is emergency housing resettled? See the link.
Transfer of funds
Payment can be made at the time of signing the contract or the act of acceptance of housing. The parties themselves agree on how the money will be transferred; both cash and non-cash payments can be used.
The safest way to ensure that the owner receives the agreed amount is by bank transfer.
In Russia, the sale of dilapidated housing can be beneficial both to the owner who does not want to wait for resettlement, and to the buyer hoping to make a profit.
If you have decided to buy an inexpensive old house in the village, then we can please you - the law allows such transactions, and their algorithms differ from generally accepted schemes in only a few nuances. All purchase and sale processes can begin after the property is recognized as unsafe.
Standard sale
The sale of existing housing is carried out in a standard sequence of actions.
For this, the following nuances are taken into account:
- the property owner must warn the buyer that the apartment being sold is actually located in a building recognized as unsafe;
- this fact is included in a separate clause in the contract, otherwise the transaction can quite easily be declared invalid through the court, since it is considered that the buyer is being misled;
- usually the buyer is a person who wants to get another living space in a new house instead of an emergency apartment;
- Also, buyers often expect to receive a high redemption price, which will be sufficient to further choose the optimal purchase option.
Otherwise, all actions by the seller and buyer are carried out similarly to those actions that must be performed when selling a regular apartment.
What difficulties may a buyer encounter?
Since emergency housing is being purchased, you should first check whether the apartment is included in the program on the basis of which the owners are expected to move to other premises.
Only under such conditions will the new owners be able to count on the redemption price or a new apartment.
Before purchasing an apartment in a dilapidated building, you should make sure that the house is included in the resettlement program.
Also, when purchasing such housing, you may encounter other difficulties:
- the resettlement program is carried out individually for each region, so there are no strict deadlines during which the apartment owner will be able to receive compensation or a new residential property;
- if a new apartment is issued, then there is no information about what kind of living space it will have, as well as where it will be located, and what type of housing it will belong to;
- It will be impossible to get a mortgage loan from a bank if you are buying a dilapidated home, and even if you manage to get approval, you will need expensive insurance, which significantly increases the buyer’s expenses and risks;
- It will not be possible to use maternity capital funds for such a purchase, since the program is intended for the purchase of optimal housing for life, which does not include a dilapidated or dilapidated apartment.
Due to the above difficulties, purchasing emergency housing is considered a rather specific and not very attractive procedure.
What is the size of the redemption price?
This indicator is determined by municipal employees, but they involve the homeowner himself in this process.
Often disagreements arise regarding this meaning, and they have to be resolved through the courts.
As soon as the redemption price is determined, this amount is paid to the owner of the apartment. He can use it at his own discretion.
Should residents pay for utilities in a dilapidated building? Read here.
Registration of the contract
The obvious and main advantage of purchasing an apartment in an old building that is being prepared for demolition is the opportunity to get for it in the future, when resettling, housing that is more profitable in various respects. Building standards have changed significantly in recent decades, and it is possible that instead of a two-room “Khrushchev” apartment of 45 square meters, you will get a more comfortable “kopeck piece” in a new building with an area of 70 m².
In accordance with the Housing Code of the Russian Federation, the seizure of housing due to the emergency condition of the house, the interest of the state or city municipality in a building or land plot, is accompanied by the provision of compensation for living space, without infringing on the rights and interests of the owner or tenant. Moreover, this can be either square meters or monetary compensation in the amount of the market value of the seized apartment. All expenses for finding an alternative, completing the transaction, and moving are borne by the state.
In parallel, purchasing an apartment in a building for demolition gives you the right to get on the waiting list to improve your living conditions. Although often residential buildings that are about to be demolished are not outright “ruins.” If we take into account that the initial cost of old apartments in dilapidated buildings is in any case lower (up to 25%), then their purchase takes on the features of a profitable financial investment.
However, such a decision does not always promise 100% success. You cannot be sure that resettlement will take place, even if its dates have already been announced. Many factors can change urban development plans, from protracted litigation in case of dissatisfaction of the owners of seized apartments with the proposed replacement options, to a financial crisis in the country or an individual development company.
Until an agreement on the seizure of real estate is concluded between the authorities and the residents of the house designated for demolition (and it is not a fact that this event will happen at all), you will have to spend money on maintaining a more or less livable condition of the dilapidated apartment. Even if you do not live in it personally, but, say, rent it out (the rent in such “apartments” a priori cannot be high).
In addition, you need to be aware that the state is trying to “save” in the process of providing housing when demolishing a house. For example, the rule stating the equivalence of new housing and seized housing in relation to the number of rooms can be observed; the provided apartment will have sufficient total area, but the residential one will not. And the law in these circumstances will not be violated, although in fact the owner of the new home will lose square meters of usable space due to a spacious loggia or unnecessary storage room.
This also applies to the calculation of the cash equivalent (intentional underestimation of the purchase price of housing). Thus, it is a mistake to believe that buying an apartment in a building for demolition will certainly bring profit. There are risks of being “stuck” in a dilapidated house for a long time, and when receiving compensation, you will not receive what you expected (wrong area, square footage, layout, etc.).
If you want to “play the lottery,” let’s find out on what basis municipal authorities decide to demolish old houses and resettle their residents.
How does the repossession of an apartment take place?
Often the house is not in disrepair, but the land under it is required by the municipality for various purposes. Most often this is due to the development of the quarter. Most of these houses are old, so in any case they would soon need to be demolished.
Can apartments be seized from tenants?
If such a house needs to be resettled, then the municipal authorities buy the apartments from the residents. This does not apply to non-privatized properties, since tenants must be offered similar living space in another building.
Initially, the mayor's office must make the appropriate decision. It is registered in Rosreestr.
Relevant notices regarding the purchase of housing must be sent to residents no later than one year in advance. Before the end of this period, a buyout agreement must be signed with each citizen.
Important! If the owners refuse to sell, they can be forced to do so through the courts.
Before signing an agreement to purchase real estate, the owner of the property can dispose of it at his own discretion, for which he can sell or lease it.
Is it possible to register in a house recognized as unsafe?
There are no prohibitions in the legislation regarding this issue, so citizens can register in such housing.
What violations occur when moving from emergency housing? How to deal with them? I'll answer here.
Registration in emergency housing is not prohibited by law.
But usually this process will be refused by the regional administration. This is due to the fact that all residents will move from this house, so if additional people are registered, this will lead to the need to offer citizens larger real estate.
Such a refusal by municipal authorities is easily recognized as illegal, for which it can be appealed in court. A ban can only be imposed on the privatization of an apartment located in an emergency building.
Both family members of the owner and the tenant can register in an emergency apartment.
If a family lives in an apartment that belongs to the municipality, then in order to register any person they will have to obtain permission from the authorities. The fact is that, according to Art. 70 housing complexes, people can be registered in housing until the rules regarding the optimal area per person are violated.
Article 70. The right of the tenant to move other citizens into the residential premises he occupies under a social tenancy agreement as members of his family
1. The tenant, with the written consent of his family members, including temporarily absent family members, has the right to move into the residential premises he occupies under a social tenancy agreement his spouse, his children and parents, or with the written consent of his family members, in including temporarily absent members of his family, and the landlord - other citizens as members of his family living with him. The landlord may prohibit the move-in of citizens as family members living with the tenant if, after their move-in, the total area of the relevant residential premises per family member is less than the accounting norm. The consent of the other members of the tenant's family and the consent of the landlord are not required to move in with the parents of their minor children.
2. Moving into residential premises of citizens as members of the tenant’s family entails a change in the relevant social tenancy agreement for residential premises in terms of the need to indicate in this agreement a new member of the tenant’s family.
Typically, municipal authorities refuse to allow tenants to register an additional family member if the house has already been declared unsafe.
Is it possible to sell dilapidated housing or not?
The owner of housing recognized as unsafe is not deprived of his rights to real estate after a verdict is passed on the dilapidation of the building by the interdepartmental commission. This means that the owner of an apartment or house has the right to carry out any actions, including resell square meters. It is important to remember that housing is considered unsafe if the wear and tear of load-bearing structures, walls or roofs is dangerous to the life and health of residents. If the house is recognized as unsafe, then citizens can count on relocation.
Dilapidated housing - what is it? Legally, this is a different term, although it is considered together with the above in Federal Law No. 185 “On Dilapidated and Disrepair Housing”. Sometimes owners of dilapidated properties are offered relocation, but renovations are also possible. In the article we discuss only the actions of the owner of emergency housing. There are two options - sell your apartment, house, or wait for an offer to purchase the housing space from your city or rural administration.
Attention! After concluding an agreement on the purchase of housing by the municipality, the owner cannot dispose of the apartment, including transferring rights to it to third parties. After all, from this moment on, the city administration already owns the housing.
Is it permissible to impose a ban on sales?
It is allowed to sell an apartment if it is in a dilapidated building, but only if there are a few days left before relocation.
Important! This process is allowed even if the homeowner has debts for housing and communal services.
If there are debts, you will have to pay them before selling, and it is also possible to deduct them from the price of the apartment. In this case, a special receipt is attached to the purchase and sale agreement.
It is not allowed to sell housing if it is pledged to a bank or other similar institution.
Pros and cons of buying emergency housing
Purchasing an apartment located in a dilapidated building has both pros and cons.
| Advantages | Flaws |
| There is usually a developed infrastructure nearby | Moving to a new home may take a long period of time |
| A low price is set for housing | The houses are old |
| Often houses have two or five floors, so few neighbors live nearby | Often communications do not work in them or there are other problems |
| No problems with parking spaces | There are many improvements missing that are available in new buildings. |
| In the future, you can get completely new housing, the cost of which exceeds the purchase price of the apartment | Usually there is no high-quality and attractive renovation, and spending money on it is impractical |
Thus, purchasing an apartment located in a dilapidated building is not without its disadvantages, so it is usually rational to use such a purchase if you do not plan to live in the housing until it is exchanged for another apartment.
Is it worth buying
Before purchasing such an apartment, you should evaluate all the advantages and disadvantages, and also get a lot of information about the house itself.
It is taken into account how the resettlement will take place, what date is set for the demolition of the building, and you also need to find out what size living space will be provided instead of this apartment.
It is optimal to make a purchase if you plan to simply invest funds, and if you need to get housing for permanent residence, then it is better to focus on more comfortable and high-quality facilities.
