The burnt down house will be taken down

In the City administration the meeting of proprietors of apartments of an apartment house №42 along the street School has taken place. Their house on July, 1st burnt. Everything that has not burnt down, is filled in by water. 21 apartment in this house belongs to citizens, 9 apartments concern municipal available housing. The meeting of proprietors of premises to which representatives of Office of Public Prosecutor and mass media have been invited also has been devoted the decision of the further destiny of the house.

Variants of succession of events two: to accept during meeting the qualified majority, that is not less than two thirds of voices of total number of voices of proprietors of premises in an apartment house the decision on house repair, or to refuse repair.

Before the beginning of discussion the head of administration of a city Sergey Karasev has reminded the rights and duties of proprietors proceeding from norms of the current legislation. He has underlined that actions and City administration possibilities also are limited by laws. Even in the presence of financial assets in the local budget and at huge desire to help with carrying out of repair of the apartments, to belonging citizens to make it on the lawful bases not probably. In this case the expenditure of financial resources will be regarded as an illegal and unreasonable expenditure of budgetary funds that in itself contains criminal offence signs. According to the legislation, besides the apartment, each proprietor, proportionally occupied area, bears a maintenance responsibility property, that is for service of a pile field, ladders, roofs, engineering communications. As and in need of repair carrying out in the house. In case of decision-making on repair carrying out each proprietor including a City administration which is responsible for municipal habitation, should bring means for restoration of the share in property.

During meeting the sums, necessary houses on restoration have been sounded. As a whole on repair it is required an order of 27 million roubles, thus on repair carrying out property it is necessary an order of 20 million. At meeting each proprietor has learnt the approximate size of the contribution to a recovery work. The confusion gathered was quite clear. People and so have suffered, and their incomes are not great: among proprietors it is a lot of pensioners, youth, representatives of budgetary establishments. Repair has appeared simply excessive problem, therefore the majority its carrying out have spoken against, other present have refrained. For repair the Administration so its share in property is rather insignificant voted only, and in this case the budget would incur the least expenses.

Further the meeting report has been directed to the Interdepartmental commission for an estimation of premises of municipal available housing concerning a recognition of a premise by premises, premises unsuitable for residing and an apartment house emergency and subject to a pulling down or reconstruction. Session of the above-stated commission has taken place, the house №42 along the street School is recognised by emergency, subject to a pulling down.

According to confirmed by the Decision of Administration of Yamal-Nenets autonomous region from March, 15th, 2007 № to 122 Position about an order of realisation of actions for resettlement of citizens from the shabby and emergency available housing recognised unsuitable for residing, as a part of the district target program "Dwelling" for 2006-2010 the City administration at the expense of district means will be engaged in moving of the emergency house. To the citizens living under contracts of social hiring, other premises, but equal before the occupied area in the emergency house will be given. At proprietors the repayment of apartments will be made. For this purpose it is necessary for each proprietor to employ the independent appraiser who will define the repayment sum. Unfortunately, it is not necessary to count on great sums. After all it is a question of the habitation repayment in the emergency house. The more a damage, the less residual cost. In more favourable position there are the proprietors who have insured the habitation and property. They will receive means from the district budget as the redemption sum and insurance payments. From 21 proprietors of those only 3.

The head of administration has told about one more possibility for the suffered proprietors to solve by means of the state the housing problem. Such privileges are not established by federal laws, however, in the district legislation regulating an order of maintenance of citizens by habitation, such norm exists. It concerns the proprietors consisting on the account as living conditions requiring improvement. These citizens have the right to apply for habitation reception under the contract of social hiring proceeding from norms of granting of a floor space.

To the proprietor accepted on the account of citizens till March, 1st, 2005, having the premises which are subject to a pulling down, as the unique place of residing on a city territory, under the contract мены other premises within norm of granting, but not less than 9 square metres of a floor space on one member of a family can be given. If the total area of given premises is more than the total area calculated for persons included in a waiting list, the proprietor is obliged to compensate difference cost in the areas of premises. At definition of norm of granting the citizens installed in premises within last five years if as a result of the given installation there was a deterioration of living conditions, except for cases of installation of the spouse (spouse), minor children, and also citizens behind whom the right of use of the given premises and citizens behind by whom the right of use of premises on the basis of a judgement is recognised remains are not considered.

To the proprietor accepted on the account of citizens after March, 1st, 2005, having the premises which are subject to a pulling down, as the unique place of residing on a city territory, under the contract мены other premises a total area on one member of a family within norm of granting can be given. In the city of Labytnangi the norm from 16 to 20 sq. m. is established

Proprietors who did not consist as needy citizens on the account requiring maintenance with habitation, also can receive premises on the property right including its cost in the redemption price. If cost of given habitation exceeds, the proprietor should pay a difference in cost.

Besides, concerning the proprietors who have lost premises as a result of a fire, certain features are regulated by definition Constitutional Cуда the Russian Federation. In this case it is a question of needy citizens who were unseated unique residing and automatically a steel requiring improvement of living conditions. These circumstances grant the right to receive habitation under the contract of social hiring. The made definition of the Constitutional court does not oblige local authorities implicitly to provide, but also does not exclude such possibility. Such questions dare individually and in a judicial order.

However all this exception to the rules, and a rule is that: the proprietor of habitation bears risk of its loss. Neither the state, nor local governments do not perform a duty on extraordinary maintenance with premises of the citizens who have suffered from a fire. Moreover, extraordinary granting of habitation is illegal. The unique means of indemnification of expenses is insurance of the property.

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