Deterioration of living conditions Acts, samples, forms, contracts ConsultantPlus

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What the legislation says

In accordance with Article 53 of the Housing Code of the Russian Federation, residents who, with the intention of buying the precise to be registered as needing residential premises, have taken actions because of which such residents may be acknowledged as needing residential premises, are registered as needing residential premises. premises not sooner than 5 years from the date of the mentioned intentional acts.

Roughly clearly, article 53 of the LC RF defines:

  • the circumstances underneath which the idea of “intentional deterioration of housing circumstances” is utilized. It refers back to the actions of residents as a way to purchase the precise to be registered as needing housing,
  • the results of such actions. That is the opportunity of exercising such a proper not sooner than 5 years from the date of the fee of those actions.

On account of the truth that there is no such thing as a definition of “deliberate worsening of residing circumstances” within the laws, the query of the presence or absence of such actions is taken into account in every case individually, taking into consideration the precise circumstances of the case. And, as a rule, the courts virtually at all times need to resolve disputes (and the way else – that is what poorly designed legal guidelines are wanted to replenish the price range and never scale back the circulation of court docket circumstances).

So, the actions attributed to the intentional deterioration of residing circumstances had been acknowledged by the courts at totally different occasions:

  • termination of possession of a dwelling (sale, donation and different transactions aimed on the alienation of housing);
  • change within the standing of actual property (switch from residential to non-residential premises);
  • refusal to conclude a social tenancy settlement (when the proposed condo “doesn’t swimsuit” the tenants, though it meets all the necessities of the legislation);
  • actions geared toward terminating the contract for the rental of residential premises (unilateral termination of the contract on the initiative of the tenant; failure to adjust to the phrases of the contract for the rental of residential premises, which resulted within the eviction of residents from this residential premises, and so forth.);
  • allocation of shares by the homeowners of residential premises;
  • transferring right into a dwelling as members of the family of individuals who aren’t members of the family, because of which the share of the entire space of ​​the dwelling attributable to every particular person residing in it turns into lower than the accounting norm;
  • divorce as a way to acquire housing;
  • deliberate injury to the premises, because of which it was introduced into an uninhabitable state;
  • unlawful reconstruction, redevelopment of residential premises as a way to scale back the entire measurement of its space;
  • altering the process for utilizing residential premises by making transactions;
  • change of a dwelling occupied by a citizen for a dwelling of a smaller space.

This listing can go on and on.

It is very important be aware that not all actions of residents that outwardly correspond to the above listing may be thought of intentional actions geared toward acquiring the standing of these in want of residential premises.

For instance, they aren’t:

  • the start of a kid within the household, because of which the share of the entire residing space per member of the family, together with a new child, turns into lower than the accounting norm;
  • settlement of minor kids on the place of residence of both dad or mum;
  • transferring a partner (spouse), disabled mother and father into residing quarters as members of the family;
  • termination of the rental settlement on the initiative of the recipient of the lease with the return of the dwelling to the recipient of the lease;
  • the prevalence of issues with housing for causes past the management of the applicant (pure put on and tear of the dwelling and recognition of the dwelling, particular person home or condo constructing as an entire as emergency, destruction of the dwelling by fireplace or different emergency, and so forth.);
  • recognition of a transaction with residential premises as invalid in a judicial continuing;
  • refusal to just accept the inheritance (if the potential inheritor doesn’t dwell in a dwelling that may subsequently inherit), a present, the donor’s refusal to satisfy the present settlement.

Particular person circumstances that aren’t thought of intentional actions entailing the results supplied for in Article 53 of the HC RF could apply to sure classes of residents of the Russian Federation.

So, in relation to army personnel and residents dismissed from army service, the next circumstances aren’t relevant to the results of the applying of Article 53 of the LC RF:

  • handing over to the servicemen of the residing quarters he occupies to the housing authorities of the Ministry of Protection of Russia on the former place of service in reference to the switch to a brand new place of service;
  • submission by the dismissed army personnel supplied with housing on the final place of service, a report on the availability of housing on the chosen place of residence after dismissal;
  • refusal of the dismissed serviceman (citizen dismissed from army service) from the implementation of the state housing certificates issued to him;
  • refusal of a citizen who entered the army service underneath a contract from the precise to make use of residential premises as a member of the employer’s household on the former place of residence with deregistration on this residential premises.

Usually, Article 53 of the LC RF is crucial in nature. That’s, residents who intentionally worsened their residing circumstances, after 5 years from the date of their fee, are accepted for registration (and never “could” be accepted). In fact, on the identical time, they need to meet different circumstances for recognizing them as needing housing.

Nevertheless, the legislation doesn’t regulate the difficulty of the fee of intentional actions associated to the deterioration of residing circumstances by a citizen who has already been beforehand acknowledged as needing housing and included within the related lists. For instance, a citizen, as a way to acquire a bigger residing area, artificially will increase the composition of his household by registering family members (mother and father, grandchildren, sons-in-law, daughter-in-law, and so forth.) at his handle. Ought to newly moved family members be taken into consideration when figuring out the quantity of housing supplied in such a case?

The laws doesn’t present a direct reply to this query …


How is intentionality confirmed?

Whenever you be part of the housing queue, you present an extract from Rosreestr to authorities officers. It comprises information on all actual property transactions through which you, as an applicant totally free housing, had been beforehand concerned.

As well as, you need to submit a certificates of the technical situation of the home or condo. Primarily based on the outcomes of the evaluate of such documentation, it is going to change into clear whether or not it’s value offering a subsidy or free housing.

Consideration. Whenever you apply for a authorities housing program, needless to say the paperwork should present info for the final 5 years.

The next actions point out a deliberate deterioration of the residing surroundings:

  1. The lounge has been transformed right into a utility room. For instance, you could have determined to show a small room right into a dressing room. Such a step will scale back the residing space of ​​​​the condo. After a while, you apply for extra comfy housing. The chain of such actions will look suspicious, and you’ll get a assured refusal.
  2. Sale of a property. As an proprietor, you could have the precise to get rid of the property as you want. Suppose you promote a big and cozy condo, in change for which you purchase a small-sized room, barely appropriate for residing in it. After that, you’ll want to apply for an applicable condo subsidy. Be ready to clarify the logic of your motion, which will likely be very tough.
  3. Divorce. Usually divorce is related to the division of the condo. You’ll have to show that you just didn’t half together with your partner as a way to change into the proprietor of a extra comfy dwelling.
  4. Emergency house. Some residents are intentionally engaged in spoiling sanitary requirements as a way to change into contenders for a big residing area.
  5. Registration. Shortly earlier than the resettlement, the homeowners usually register family members of their condo.

Actions that aren’t acknowledged as intentional

The next actions of residents in relation to their housing can’t be interpreted as intentional:

  • registration of minor kids with mother and father;
  • authorized registration of shut family members;
  • short-term registration of any residents;
  • refusal of the gifted condo or refusal to adjust to the circumstances of the donation by the donor;
  • recognition by the court docket of an actual property transaction as unlawful;
  • termination of the rental settlement with the return of housing by the choice of the recipient.

Refusal of privatization and refusal of inheritance can even not be acknowledged as intentional actions to worsen the housing state of affairs of a citizen.

The inheritance on this case is taken into account as a present.. A citizen has the precise to voluntarily decide to just accept an inheritance or privatize social housing. His resolution is not going to have an effect on the housing standing in any method.

The renunciation of the inheritance will likely be closing, sooner or later it is not going to be doable to revive the missed deadline and obtain an inheritance a few years later. On this case, the citizen will now not be capable of change his thoughts, the refusal will likely be documented.

Deterioration of the kid’s residing circumstances

Most frequently, this idea is used when a minor is the proprietor of an condo or a share in it and the mother and father intend to promote the kid’s share, allocating a smaller share to him.

Essential! Nevertheless, as a way to promote the actual property of a kid, permission from the guardianship and guardianship authorities is required.

Naturally, underneath such circumstances, the guardianship authorities is not going to give permission for the sale. It’s essential to allocate a share of an analogous space in different actual property or deposit funds in proportion to the worth of its share to an account that will likely be opened within the title of the kid.

Additionally, this idea can be utilized in household disputes about figuring out the place of residence of a kid with one other dad or mum, when the truth is the kid finds himself in circumstances much less appropriate for his residing and which might fulfill all his wants.

Ask a lawyer a question

What actions don’t apply to the intentional deterioration of residing circumstances

Understanding the explanations for the deterioration of residing circumstances as a way to acquire extra residing area from the state is commonly not simple, in addition to establishing the actual fact of intentional fee of illegal acts, particularly since there is no such thing as a strict punishment for this. Nevertheless, the laws establishes an indication by which it’s doable to differentiate the intentional deterioration of residing circumstances from the pure one.

So, if a citizen of the Russian Federation already has the standing of needing residing area on the time of the sale or change of an condo he owns or different actions that fall into the class of deliberate deterioration of residing circumstances, his act can’t be attributed to an offense. On this case, he’ll stay a contender for housing from the state.

Thus, the deterioration of residing circumstances is taken into account to be actions that result in a lower within the space of ​​residing area established by the norms per particular person. When this truth is confirmed, sure classes of residents of the Russian Federation change into candidates for an condo from the state. Nevertheless, for queuing, it is very important first verify the pure deterioration of residing circumstances, since there are sometimes circumstances of deliberate actions to cut back the footage of the realm, which is illegitimate.