Advice 1: How to recognize the old house

The procedure of recognition of the old housing is needed primarily to move people. Tenants of the house must themselves submit an application for recognition of the old home. Before you apply to make the necessary examination.
How to recognize the old house
You will need
  • Federal law №185 dated 21.07.2007 "On the Fund of assistance to reforming of housing and communal services".
To recognize the old housing, you must submit an application on behalf of the residents of a house in a specific organisation. On the basis of this document, a special Commission, which decides such matters. Generally, it includes workers of housing and communal services, experts BTI, designers, representatives of Executive authorities, etc.
Then, you should contact the BTI to determine the degree of wear and residual value of the house, which are issued together with a copy of the technical passport.
After that, the employees of BTI, prepare a plan of the house. His original will is handed in within one month from the date of application.
The owner of the dwelling is required to provide statements for the last 3 years of inspection of the house, which lists all the types and volume of work performed during this period of time.
It is also necessary on the conclusion of sanitary-epidemiological service. You should contact the respective service of the statement on issue of the document. Likewise get a decision of an organ of the state fire service.
In accordance with the legislation, tenants of the house are required to provide letters about the poor state of the dwelling. You should pay attention to all the leaks, breakage, and state this when applying.
Design and survey organization shall issue a conclusion about the technical condition of the house based on the results of the survey of load-bearing structures, indicating the category of the unsuitability of apartment houses.
Housing inspection of the Russian Federation gives the act its findings in respect of residential house events for state control of compliance with the housing legislation of the Russian Federation on the use and safety of housing stock and report on the sanitary condition of residential home.
The Commission's right to require other documents necessary for the decision on the recognition of the house of the old housing.
If the applicant is a body authorized for state control and supervision, the Commission is submitted to the appropriate conclusion, after considering which, the Commission proposes that the landlord to provide specified documents.
By law, the Commission shall take a decision within 30 days. The house, which will be recognized as old, will join the program for the resettlement of people.

Advice 2: How to recognize residential building

Residential home as a legal concept means the real property that meets certain requirements. The need to recognize any dwelling usually occurs when it is necessary to register at a specific address. This problem often arises with the owners of a vacation houses who constantly live in them and have no other housing. Today it can be done, although not very simple.
How to recognize residential building
To the residential building was found, it should be capital, the walls and Foundation meet the safety standards and SNiP. Check availability of all utilities: heating, electricity, water, gas, Sewerage, ventilation. They all have to meet the requirements specified in SNiP and SanPiN. The building must not be accidental, old.
The main way to achieve the translation in the living room — the so-called administrative. The recognition of residential areas is the interagency task teams whosehousegovernmental Commission, acting in accordance with Chapter 3 housing code, and in accordance with the RF Government Decree of January 28, 2006 N 47. In such a Commission include representatives of the competent authorities – fire, sanitary-epidemiological, environmental and other. The owner must provide to the local administration a number of documents:• application for transfer of premises in residential;
• documents of title to the premises (originals or notarially certified copies);
• the floor plan with the technical description (the Declaration).
The decision must be made no later than 45 days, then issued the corresponding document, or the refusal to transfer.
However, not all municipalities continuing to operate the interagency task teams whosehousegovernmental Commission. Therefore, a more realistic way of translation of non-residential premises in residential the judiciary. You need to go to court with a claim on the legal establishment of the fact of the suitability for permanent residence residential structure. This method, of course, more expensive. You must pay the lawyer drafting the statement of claim, the state duty for consideration of the case in court. In addition, the court the main evidence will be the construction and technical expertise and it is costly and takes time. However, the judicial method is the most effective, since the mechanism of examinations and procedures for the establishment of legal facts in litigation has already worked.
There are a number of premises that cannot be considered residential. It's on the ground floors of buildings, basements, garages, utility buildings. If the room has no electricity, heating, Foundation – it can not be considered residential.
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