First of all, pay attention to the space to the right of the "Find" button. If the inscription “A general meeting of homeowners was held in the house” appeared there, then the information presented below is for informational purposes only. Such houses are marked with an asterisk (*) on the map. According to the rules for voting on the draft renovation program, enshrined in Decree of the Government of Moscow No. 245-PP, the decision made at the general meeting is a priority.
If the inscription did not appear, then there was no general meeting, voting took place in the Active Citizen system and in the My Documents public service centers.
The first line is the voting results themselves. They indicate the percentage of apartments that voted for the inclusion of the house in the draft renovation program and against it. In addition, next to these two numbers, the inscription “Votes not taken into account (the opinions of the apartment owners were divided equally)” and information about how many such apartments may appear. According to the Decree of the Government of Moscow No. 245-PP,. If the inscription did not appear, then in your house all the apartments were able to make a consolidated decision.
Following this, the details of the voting process in the house are specified. All personal data, the publication of which is prohibited by the 152nd federal law, are represented by identifiers available only to the voters themselves. They were sent via SMS or e-mail after counting the vote in Active Citizen or My Documents public service centers.
Opposite the vote identifier, the decision made by the owner or tenant of the apartment and the date when it was recorded are indicated. In the far right column, the choice of an apartment is reported - for or against. According to the Decree of the Government of Moscow No. 245-PP, if an apartment has two or more owners or tenants, then the voting results for this apartment are determined by a simple majority of votes.
If there are apartments in the house where the opinions of the owners or tenants are divided, the “Opinion is not defined” block will be available, where the results of their voting will be published according to the same principles.
On the official website of the mayor's office, mos.ru, appeared, on which more than 5 thousand addresses of demolished Khrushchev houses, erected during the period of industrial development of the 50s of the last century, were noted. Here you can also see the addresses of the launch sites allocated for development, find out the timing of the project and other useful information.
In all demolished houses, there are about 350 thousand apartments of various layouts, in which more than a million participants of the program live. The smallest number of five-story buildings according to the results of voting on renovation (Zelenogradsky district), and the largest number of houses of demolished series are located on the territory of the Eastern Administrative District. The title of the record holder district, where 284 Khrushchev houses of tolerable series were located, was rightfully received.
- VAO - 1055 buildings;
- SEAD - 818 buildings;
- CJSC - 558 low-rise buildings;
- SWAD - 516 Khrushchevs;
- SAO - 515 buildings;
- SVAO - 495 addresses;
- SZAO - 434 five-story buildings;
- South Administrative District - 378 low-rise buildings;
- – 243 houses;
- CAO - 98 buildings;
- ZelAO - 34 dilapidated buildings.
Some microdistricts will hardly feel the full scale of the project, because they have only one demolished five-story building each (Arbat, Zamoskvorechinsky district, Khamovniki, etc.).
How was the voting done?
Five-story buildings that are in disrepair (weak ceilings, supporting elements, unfavorable location in places of landslides, etc.) were hit. The list of demolished housing did not include historically important architectural structures of the post-revolutionary period. There were several ways for apartment owners to go through the voting procedure “for” or “against” the dismantling of their homes.
First of all, pay attention to the space to the right of the "Find" button. If an inscription appeared there: “A general meeting of the owners of the premises was held in the house”, then the information presented below is for informational purposes only. Such houses are marked with an asterisk (*) on the map. According to the rules for voting on the draft renovation program, enshrined in Decree of the Government of Moscow No. 245-PP, the decision made at the general meeting is a priority. If the inscription did not appear, then there was no general meeting and the fate of the house was decided in the course of voting in the Active Citizen system and My Documents public service centers.
The first line is the voting results themselves. They indicate the percentage of apartments that voted for the inclusion of the house in the draft renovation program, and against it. In addition to these two figures, an inscription may appear next to it: “Votes are not taken into account (the opinions of the owners or tenants of the apartment were divided equally)” and the number of such apartments is indicated. According to Decree No. 245-PP, these. If the inscription did not appear, then in your house all the apartments were able to make a consolidated decision.
Following this, the details of the voting process in the house are specified. All personal data, the publication of which is prohibited by Federal Law No. 152-FZ, is represented by identifiers available only to the voting participants themselves. They were sent via SMS or e-mail after counting the vote in Active Citizen or My Documents public service centers. Opposite the “Voice Identifier”, the decision made by the owner or tenant of the apartment and the date when this decision was recorded are indicated. In the far right column, the choice of apartment is for or against. According to Decree No. 245-PP, if an apartment has two or more owners or tenants, the voting results for it are determined by a simple majority of votes.
If there are apartments in the house where the opinions of the owners or tenants are divided, the “Opinion is not defined” block will be available, where the results of their voting will be published according to the same principles.
At the first stage, they determined how each specific apartment spoke. If she has one owner or tenant, only his opinion was taken into account. If there are several, then the results were determined by a simple majority of votes. If the votes were distributed equally, then they were not taken into account when summing up the results. There was no need for all owners or tenants to participate in the voting: the opinion of those who voted was taken into account.
It is important to note that the same procedure for counting votes was in effect for communal apartments. If several owners voted in a communal apartment, then the votes were taken into account in accordance with the resolution and the rule “one apartment - one vote” was in effect.
The draft renovation program includes only those houses where residents of more than two thirds (at least 66.7 percent) of the apartments in this apartment building voted in favor. At the same time, apartments, the opinions of owners or tenants of which were divided equally, were not taken into account when summing up the voting results.
For example, there are 103 apartments in the building, of which 83 residents voted. Three apartments were not determined (they will not be taken into account), 72 (90 percent) are in favor, eight apartments (10 percent) are against. The votes of the "silent" from the remaining 20 apartments were distributed in the same proportion - 90 and 10 percent, respectively, or 18 votes for the inclusion of the house in the draft renovation program and two votes against it., indicating a unique code that was sent to you by SMS or e-mail;
- - an identity document;
- - documents certifying the right of ownership or a contract of social employment;
- - an extract from the Unified State Register of Real Estate (in the absence of a document certifying ownership);
- - an application form marked by the center "My Documents" in which you voted.
If a general meeting of the owners of the premises was held in your house, you can familiarize yourself with its minutes and the decisions made at it in the council of your district.
To make a final decision on each house that is included in the renovation program, the Moscow Mayor's Office takes into account the opinion of the residents of each resident of the house included in the list. To do this, it is customary to introduce online voting. An important aspect is the question ofWhen will the vote for the demolition of five-story buildings begin??
On May 15, 2018, a survey regarding the renovation program was launched. The task for the residents was to decide the fate of their home on participation or rejection of the project. The deadline for making a decision was June 15.
The voting process goes like this: a public poll is proposed, to which a single question is attached. The essence of the question sounds like this: 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 possible answers:
- No.
Recall that the decision in favor of the demolition and relocation of residents is made only in the case of 2/3 of the positive answers for each house.
Where you can vote for the demolition of the house and find out 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 any data is not filled in, then the vote will not be taken into account.
Also, everyone is given the opportunity to re-vote. This opportunity can be used only during a certain period of time and only from the Active Citizen base. The vote will be counted after additional processing, which lasts four business days. In this case, only the last vote counts.
In addition, if the opinion of several residents of the apartment is divided, then the opinion of the majority is taken into account. Also, the addition is that in case of equality of votes, all of them are counted as "for".
Alternative way to accept or opt out
You can decide the fate of the house in the project voting in person with residents. 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 lease agreement.
Vote for the demolition of five-story buildingsOr against him should only all inhabitants. After that, the percentage of votes is calculated and the rest of the documents are collected for submission to the district administration.
Who is eligible to take the survey
You can take part in the survey:
- owners of the whole apartment;
- shareholder;
- tenants under a lease agreement;
- legal representatives, guardians or parents of children under 18 years of age in case 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 voting has long been completed and lists of five-story buildings have been published, do not forget about the Active Citizen and My Documents portals. In cases where a particular house wants to enter or exclude its presence in the renovation program, then a public vote will be held on these resources.
Dmitry Varskoy, 06/18/2017
Where did it all start?
"Law on the abolition of all laws" - this is how political scientist Ekaterina Shulman described the scandalous "Law on Renovation".
On May 19, 2017, I personally attended a round table on the law on renovation in the Civic Chamber of the Russian Federation. For the first time in my life, I was at a round table that lasted 4.5 hours, and not everyone who wanted to speak had time to speak.
I tried to objectively evaluate the renovation as a whole, as a project.
My point of view is most accurately expressed in the work written by expert group of the Sozidanie Foundation.
The Moscow government is making titanic efforts to create a positive image for 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 modest estimates, this is at least 179,990 rubles / month. It's only 1 word.
What do you think, whose money is this "banquet"?
The results of the 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 "view the results of voting on renovation"
Any negative trend is immediately processed by analysts, and a team of PR technologists gives an answer on the resources of the Moscow Government.
Note: infographics of the Government of Moscow on the "silent" renovation
However, millions of rubles for the campaign and the work of hundreds of specialists did not calm Muscovites who saw a video on YouTube 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 for renovation will look like
POLICY NOTE on the results of consideration submitted to 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 Part of Establishing Features of the Renovation of the Housing Stock in the Capital of the Russian Federation, the Federal City of Moscow” and Parliamentary Hearings June 6, 2017, public hearings in the Civic Chamber of the Russian Federation on May 19, 2017
An 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 main characteristics of the future renovation program, amendments made to them, made it possible to draw the following conclusions about the housing renovation program being developed, and Muscovites, housing activists, and experts had a number of questions to which answers are to be obtained.
On June 9, in the second hearing, the deputies of the State Duma adopted bill 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
It has not been amended to remove the inherent opportunities for infringements related to property rights. Why does the legislator initially pass a law repealing other laws? The adopted version of the draft Federal Law "On Renovation" cancels the norms of other Federal Laws. It limits the right of private ownership of housing in one particular region. For the demolition of dilapidated emergency housing, housing that threatens life, the safety of those living in it, no new law is needed. The new law is needed to introduce new exceptions to make it easier and easier for the Moscow construction complex and the Moscow authorities to demolish real estate that is declared obsolete and uncomfortable. It is impossible even by the power and authority of the lower house of Parliament to pass a law that repeals a number of other laws. In itself, the practice of prescribing exceptions, territorial or temporary, is a rather vicious legal creativity. Federal legislation is not, should not be, adapted to respond to the situational needs of anyone. In this case, ostensibly for the elimination of dilapidated housing and the renewal of territories. It sets a general framework that guarantees the rights of citizens, and this law creates a framework that allows these rights to be violated. Issues of property, ownership of property cannot be resolved in this way. The Government of Moscow is proposed to be given a “special right” to regulate relations regulated by Urban Planning Code, ZhK RF, 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 complete conciliation, the resolution of the hearings in the Public Chamber of the Russian Federation has not been published and has not been sent to the Government and the State Duma so far.
1. This year, the Moscow Government is completing a program for the comprehensive reconstruction of five-story buildings of the first period of industrial housing construction, during which 1,800 houses were demolished, and no special law was required for its implementation. Are there no emergency houses left in Moscow? Houses in need of renovation? Far from all obligations have been fulfilled for houses of other floors.
Concept appears new program- renovation, involving the demolition of five-story buildings of the “first industrial construction period” by blocks with further construction of new housing and landscaping in their place / in the second reading expanded the list of demolished houses to 9-story / and it suddenly required a special federal law. For what?
There were many complaints about the fact that the bill does not mention the number of storeys of houses included in the renovation program. Well, we were heard and the provisions of the bill were specified. By the second reading, houses up to 9 floors were added to the demolished houses. Until now, we have been talking about five-story buildings, but, apparently, given the duration of the program / 10-15 years /, the dilapidation of the housing stock, taller buildings are also included in the future. This significantly increased the circle of interested and concerned citizens.
2. According to the Housing Code of the Russian Federation, the land on which a high-rise building is built belongs to the owners of apartments in this building on the basis of the right of common shared ownership, like other common property. This includes all elements of landscaping and landscaping located on the site. The land plots on which residential buildings are located had boundaries, and their records were kept. Residential houses and land plots during the existence of the RSFSR had an unlimited user and were subject to mandatory legal registration.
Why were the data for these previously accounted areas not transferred and not taken into account in the cadastre, in accordance with the current legislation? The consequences of this still affect the minimization of land apartment buildings and urban conflicts. Issues of ownership, ownership of property have to be proved in courts for years.
The comments to the Land Code of the Russian Federation (as of May 15, 2002) say: “From the date of the introduction of the Land Code of the Russian Federation, it is not allowed to privatize buildings, structures, structures without 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, transfers the rights to that part land plot which is occupied by this property and is necessary for its use. Accordingly, yards and adjacent territories are not city property. Adjoining 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 Civil Code of the Russian Federation).
State registration of rights to residential premises of apartment buildings is simultaneous\ state registration rights to common property" (clause 2, 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 prior to 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 law, it became possible to carry out alternation 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 the owners of the premises of apartment buildings.
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;
Acts of acceptance of residential buildings from construction organization with number and date;
Act on land use;
Passport of the land.
How did the public authority take into account and store these documents?
What is being done to restore the lost?
Availability, safety, information openness, availability of these documents should eliminate inaccuracies when taking into account borders adjoining territories and establish the legality of their changes, the rightful owner.
Sentence
|
Include in the paragraph of the terms of the contract below, in addition to information about the premises, information / description / common ownership, including a land plot with an indication of its cadastral number, which, by virtue of the law, passes into common ownership of the owners of the premises of an apartment building: “-information about equivalent residential premises (indicating the cadastral number of such residential premises), or in the cases established by part four of this article, information about equivalent residential premises (indicating the cadastral number of such residential premises) transferred to the owner of the residential premises or the size and procedure payment of equivalent compensation in cash; Clearly state 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 who owns or disposes of them at the time building a house. It is necessary to record the transfer of ownership of the land plot to common 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, they can be transferred to the Moscow Housing Renovation Fund 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 putting the land plot of an apartment building on the cadastral register /taking it into account as a common property/, in order to avoid conflict situations and increase the financial costs of migrants. |
3. The bill grants excess freedom legal regulation to the regional legislator, which may lead to violation of the rights of citizens and legal entities;
Example - Article 4 of the Law of the Russian Federation of April 15, 1993 No. 4802-1 (Powers of public authorities of the city of Moscow in connection with the implementation 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 to be renovated, are similar in their design characteristics to apartment buildings belonging to the series determined in accordance with paragraph nine of this article, and which are subject to demolition in accordance with this Law;
make decisions on the renovation of the housing stock in the city of Moscow on the basis of the program (hereinafter referred to as renovation decisions), 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, and also establish a list of other information included in the decision on renovation ... ".
Another example is that changes to the land use and development rules can be approved by the draft law simultaneously with the approval of the territory planning documentation. The priority of documentation on the planning of the territory, which is designed to consolidate the predictability of urban planning policy, and can be controlled by citizens through public hearings, is removed.
Rules are directly spelled out that ignore the articles of the Grad. Code of the Russian Federation.
4. The Law of the Russian Federation “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 “representing land plots, buildings, structures, housing stock federal authorities authorities, as well as diplomatic missions of foreign states.
Empower Moscow, as the capital, by federal law to “approve the renovation program”, which provides for “Peculiarities of regulation in the city of Moscow of urban planning and land relations, housing rights of citizens, relations related to state cadastral registration of objects real estate and state registration of rights to real estate objects and transactions with them, technical regulation in the field of construction in order to renovate 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 Town Planning Code, the Housing Code of the Russian Federation, 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 Government of Moscow dated May 2, 2017 N 245-PP “On taking into account the opinion of the population on the project of 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 with an exceptional case provided for in the legislation - the accident rate of the house.
Sentence
Make adjustments to take into account
The relationship between the public authority and the owner of the premises of an apartment building regarding an individualized object - an apartment, room or premises and obtaining consent to its replacement should be based on an agreement, any voting or poll is informational in this part.
On the issue of termination of the existence of an object of law - common ownership, including a land plot, the consent of all owners / 100% / is required.
D. Kozak said that the minority should obey the majority in matters of disposal of such a complex facility as an apartment building, including making a decision on renovation. In such a case, this law restricts the right of ownership.
Sentence
Then it is necessary to amend the Civil Code and the Civil 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 an agreement on the transfer of ownership of a residential building located in an apartment building included in the decision on renovation is not concluded in the prescribed manner after sixty days / amended for the second reading - 90 days / from the date of sending to the owner of the residential premises proposals for the provision of equivalent residential premises, eviction, vacation of the said residential premises, termination of the ownership of the said residential premises and registration of the ownership of the equivalent residential premises shall be carried out in a judicial proceeding.”
Sentence
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 inheritance documents, return from a long business trip, from a hospital after treatment or a center rehabilitation, to 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 Housing Code of the Russian Federation does not provide for the possibility of participation in the meeting and voting by the tenant who presented the contract of employment. 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 Active Citizen portal. Minutes of the general meeting - an official document and the meeting procedure is clearly spelled out in the LC RF. According to the current legislation, the representative of the owner takes part in the voting on the basis of a power of attorney.
From the bill:
On the basis of the approved renovation program, the JIV “make decisions on the renovation of the housing stock in the city of Moscow (hereinafter referred to as renovation decisions), 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 about the measures to implement such a decision and the approximate timing of their implementation;
From this it follows that first a program with a list of houses is approved, and then polling information 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, just like the original version of the bill, does not play a decisive role for the inclusion of the house on the list for demolition and the formation of a 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 defined in the previously adopted normative documents, including in the form of a survey. To conduct it in the form of a survey at the MFC or at the Active Citizen, no additional rules are required.
Legally significant is the decision of the OSS /general meeting of owners/
Conclusion: the project remains an attempt to replace legally significant actions
The number of votes on entering the OSS renovation program 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 competence of the OSS and the number of votes for their adoption. It needs to be amended.
The draft says - If a decision is made, the apartment building is subject to exclusion from the project of the renovation program, the renovation program.
The question is - why are the owners forced to conduct OSS in order to withdraw from 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 the MFC?
Another thing is if the decision to enter the program was made at the OSS, and then, for reasons, the owners changed their minds and held the OSS to exit it.
The whole point is that decisions by the owners of MKD premises are made exclusively by the OSS and this is regulated by the norms of specialized law - the Housing Code of the Russian Federation.
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 Housing Code of the Russian Federation does not provide for the possibility of participation in the meeting and voting by the tenant 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 Active Citizen portal. Minutes of the general meeting - an official document and the meeting procedure is clearly spelled out in the LC RF. According to the current legislation, the representative of the owner takes part in the voting on the basis of a power of attorney.
Sentence
8. The draft law does not specify that the program should contain the deadlines for the implementation of each MKD from the list of houses included in the renovation. For example, according to previously adopted documents, residents learn about the demolition at least a year in advance.
9. The first resettlements will be exemplary, but in the future, some households as a result of the implementation 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 of a lower market value (that is, not equivalent, but equivalent), increased 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 developers' interest in a positive solution to the issue of demolishing the house. Initially, a rule was introduced on accounting for apartments that did not participate in the vote as those who voted for demolition. An amendment has been made to the amendments for the second reading - the votes of the "silent" will be taken into account proportionally. At the MFC, the samples were filled in with a positive answer on the issue of inclusion in the renovation program. The system of computer voting in Internet systems caused a lot of criticism in the elections to the previous composition of the Civic Chamber of the Russian Federation.
Why is the voting not built on the basis of votes exclusively of the owners of the premises of an apartment building and their authorized persons at the general meeting of owners? This will make it possible to obtain a more reliable result of the expression of will, fixed by an official document - protocol.
Sentence
Leave one form to take 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 overhaul in the houses of the quarters included in the program. These houses were surveyed earlier at the start of the overhaul program in Moscow, data from the BTI, Moszhilinspektsiya, monitoring were taken into account, sometimes additional surveys were carried out. Given the technical condition of the house, they were included in the overhaul program. Some for very long periods. Some of the houses included in the program have undergone major repairs in the past two or three years. And after that they fell into non-repairable. Such contradictory actions of public authorities do not inspire confidence.
Sentence
|
Before the general meetings of owners of 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 suggestions and make a decision on entering the renovation program. Consider the need to develop modern standards for determining the technical condition based on the results of instrumental methods of control using modern instruments 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 in this part is determined according to the rules established by part 7 of article 32 Housing Code 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 an owner of the draft agreement concluded in accordance with part four of this article and providing for the transfer of ownership of 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/ for the premises provided instead of 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.
Amendments were made to the second reading, but not to the concept, but to houses related 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 to include it in the program. After hearing from the mayor, the residents begin to prepare and hold meetings. There are a lot of “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? An increase in the number of storeys, density, a change in architectural panoramas, certainly affects their interests.
For some houses of the existing development, access to recreational facilities and the ecological situation in the area of residence may worsen. When the territory is renovated, the technical condition of adjacent buildings may deteriorate.
4. In the media, representatives of the Moscow Government, deputies announced that amendments had been made to the second reading, and during the implementation of the program, the conditions for those on the waiting list would be improved and communal apartments would be settled. And how will these issues be resolved in houses that are not being demolished under the renovation program? Will not it turn out that unequal conditions will operate?
5. Will a program be adopted for the reconstruction of multi-apartment buildings located outside the block? and "pointwise" in the current building? Capital architects have accumulated, collected and generalized experience, both foreign and domestic - Moscow-Mishina St., Khimki Boulevard, Kaliningrad and many others. Experts calculated the economic effect - 30% of investments in new construction? Should whole blocks of houses be demolished, or should the fate of each individual house be decided by “diagnosing and prescribing the right treatment”? Moreover, inside the quarters there are "refuseniks" and non-residential buildings. The draft law refers to the territories - quarters / microdistricts / that are 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 preparing documentation for planning a territory in order to implement a decision on renovation in relation to a territory within whose boundaries it is not envisaged to carry out activities for its integrated and sustainable development, the draft planning of the territory may not contain information, documents, materials, the need to include which is provided for the case of preparing a draft planning of the territory subject to integrated and sustainable development in accordance with the Town Planning Code of the Russian Federation.
In this norm and below those prescribed in the bill, nothing has changed since the first reading, and the legislators are ready to give Moscow excessive powers, removing it from the scope of the Civil Code of the Russian Federation, which protects the rights of Muscovites, thus laying the foundation for future urban conflicts. What is the purpose of such regulations?
7. From the text of the draft law on guarantees to residents - “Owners of residential premises in multi-apartment buildings subject to renovation (hereinafter referred to as owners of residential premises) and tenants of residential premises in multi-apartment buildings subject to renovation, in order to ensure their housing rights, instead of these residential premises, equivalent residential premises are provided ."
In the second reading, the equivalence was left, and not the equivalence of the residential premises provided in exchange. Promises remained in words and did not fall into the norms of the law?
Why are the number of floors, the location of the house, the distance from the metro and shops, social facilities not taken into account in the criteria for the provided housing - apartments / premises /?
8. From the text of the draft law on guarantees to residents - “the construction of an apartment building in which residential premises are 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 Housing Renovation Fund for rent or free use).
It is necessary to legislate the obligations of the city for the formation and cadastral registration of a land plot of a newly built apartment building, in order to comply with the norms of the Housing Code of the Russian Federation, Land Code, Civil Code. A direct norm of the law would not allow unscrupulous officials, representatives of the NC Fund for Renovation 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. Wouldn't it be better to regularly, systematically and comprehensively resolve the issues of all housing approaching dilapidation? Through timely and quality overhauls, reconstruction, modernization, raising the level of work on the current maintenance and repair? The provision of housing in Moscow is also at a low level. Why rush to adopt a low-quality legal act?
Expert group of the Sozidanie Foundation
Ruk. Varskaya Tatyana Vladimirovna
Chukanova M.A.
Druzhinina I.N.
Denisenko T.I.
Alieva L.V.
Stefanovskaya N.V.