An example of an owner's decision to demolish a property. Execution of documents for the demolition of the building
Carries out the receipt (registration) of a permit for the demolition of a building / structure / structure. Positive experience in the construction industry allows us to guarantee a quick and high-quality result. Having received a demolition permit, you will be able to carry out demolition work legally and in a short time, which will speed up the process of starting new construction.
Demolitionbuildings and structures is the destruction of objects real estate for one reason or another.
Legally, the demolition of a real estate object (buildings and structures) is a type of construction activity.
The law prohibits the demolition of real estate objects without the consent of the local administration, as well as without obtaining a permit for demolition.
As a rule, the need to demolish buildings and structures arises for the following reasons:
- Integrated development of built-up areas;
- Liquidation of unauthorized construction;
- Recognition of real estate objects (buildings, structures) as dilapidated or damaged;
- The decision of the owner of the building / structure.
The demolition of buildings and structures must begin with the receipt of the initial permitting documentation.
A demolition permit is prepared by the appropriate federal body the executive branch or other body local government, authorized to issue building permits.
The following package of documents is attached to the application for a permit for the demolition of a real estate object (building):
- Land title documents.
- Urban plan of the land plot (with subsequent new construction);
- Construction site organization diagram;
- Conclusion of the OPS (for Moscow) for the declared work;
- Certificates from operating organizations about disconnecting engineering networks and from the balance holder;
- Certificates of resettlement of residents and withdrawal of organizations;
- Permission to move construction waste;
- Logging ticket (in the presence of green spaces);
- The project for the production of work for the declared work, agreed in the prescribed manner;
The list of documents is not exhaustive.
So, in order to carry out the demolition of the property, you must:
- Collect initial permits (function of a technical customer);
- Prepare a project for the demolition of the building;
- Obtain a warrant to carry out demolition work;
- Move people living in the building / control the departure of institutions;
- Prepare the territory (put up temporary fences in the place where the demolition of the object is supposed to be, free from temporary buildings, etc.);
- Disconnect the building to be dismantled from utilities;
- Carry out the demolition of the building;
- Dispose of construction waste and improve the area;
- Close the order.
The completion of the demolition is confirmed by the technical inventory service by signing the "Act of the survey of the results of the demolition of the object". It is also necessary to obtain signatures from a fire authority, chief architect, etc. After that, the owner needs to remove the property from the technical register.
As a result of these procedures, on the basis of a decision of local authorities, an entry is made in the state register on the termination of ownership in connection with the liquidation of the object.
Press center - GOROD GROUP
MOSCOW REGION GOVERNMENT
RESOLUTION
On the Procedure for making decisions on the demolition of immovable property owned by the Moscow Region
Document with changes made:
(Official website of the Government of the Moscow Region www.mosreg.ru, 07.24.2017);
(Official website of the Government of the Moscow Region www.mosreg.ru, 09/27/2017);
(Official website of the Government of the Moscow Region www.mosreg.ru, 22.10.2019).
____________________________________________________________________
In accordance with the Law of the Moscow Region N 4/2007-OZ "On the Property of the Moscow Region" and in order to improve the efficiency of management of real estate owned by the Moscow Region, the Government of the Moscow Region
decides:
1. To approve the attached Procedure for making decisions on the demolition of immovable property owned by the Moscow Region.
2. The implementation of decisions on the demolition of immovable property owned by the Moscow Region is carried out at the expense of extrabudgetary funds, unless government programs akh of the Moscow Region, measures are envisaged related to the implementation of decisions on the demolition of immovable property owned by the Moscow Region, financed from the budget of the Moscow Region.
Budget allocations for activities related to the implementation of decisions on the demolition of real estate owned by the Moscow Region, financed from the budget of the Moscow Region, are provided to the Ministry construction complex The Moscow Region, the Ministry of Property Relations of the Moscow Region in accordance with the activities of the state programs of the Moscow Region implemented by them.
(The paragraph as amended by the Decree of the Government of the Moscow Region of October 22, 2019 N 764/36.
3. Establish that government customers for measures related to the implementation of decisions on the demolition of real estate owned by the Moscow Region, financed from the budget of the Moscow Region, are the Ministry of the Moscow Region Construction Complex, the Ministry of Property Relations of the Moscow Region in accordance with the implemented by them measures of state programs of the Moscow region.
Decree of the Government of the Moscow Region of October 22, 2019 N 764/36.
4. The Main Directorate for Information Policy of the Moscow Region shall ensure the official publication of this resolution in the newspaper "Daily News. Moscow Region" and placement (publication) on the website of the Government of the Moscow Region in the Internet portal of the Government of the Moscow Region.
5. Control over the implementation of this resolution shall be entrusted to the Deputy Chairman of the Government of the Moscow Region - Minister of Ecology and Nature Management of the Moscow Region, DA Kurakin.
(Clause as amended by the Decree of the Government of the Moscow Region of October 22, 2019 N 764/36.
The governor
Moscow region
A.Yu. Vorobiev
The procedure for making decisions on the demolition of immovable property owned by the Moscow Region
APPROVED BY
government decree
Moscow region
dated August 18, 2016 N 594/27
1. This Procedure for making decisions on the demolition of immovable property owned by the Moscow Region (hereinafter referred to as the Procedure) regulates the procedure for making decisions on the demolition of immovable property owned by the Moscow Region, with the exception of residential and apartment buildings(hereinafter referred to as objects of regional property), and the organization of work on the demolition of objects of regional property.
2. The decision to demolish is made in relation to objects of regional property:
fixed on the right of operational management for state autonomous, budgetary and state institutions of the Moscow region, central executive bodies of state power of the Moscow region and state bodies of the Moscow region (hereinafter - institutions, government bodies);
fixed on the right of economic management or operational management of state unitary enterprises of the Moscow region (hereinafter referred to as enterprises);
constituting the treasury of the Moscow region.
3. The decision to demolish is made if there is one of the reasons:
in relation to the object of regional property, a decision was made to write it off in accordance with the Procedure for writing off property owned by the Moscow region, approved by the resolution of the Government of the Moscow region dated March 25, 2016 N 228/8 "On the procedure for writing off property owned by the Moscow region" (hereinafter - The procedure for writing off);
the object of regional property, located on a land plot, on which a decision was made to withdraw it for the state needs of the Moscow region in accordance with the legislation Russian Federation.
4. The decision to demolish the objects of regional property that make up the treasury of the Moscow region is taken by the Ministry of Property Relations of the Moscow Region.
5. The decision to demolish objects of regional property assigned to an institution, an enterprise on the basis of operational management, economic management is made by the institution, the enterprise in agreement with the state bodies in whose departmental subordination they are, and the Ministry of Property Relations of the Moscow Region.
The decision to demolish objects of regional property assigned to state bodies is made by state bodies in agreement with the Ministry of Property Relations of the Moscow Region.
The term for approval of a decision on the demolition of regional property in the Ministry of Property Relations of the Moscow Region should not exceed 30 calendar days.
6. The decision to demolish the objects of regional property must contain:
a) the name of the object of regional property;
b) the location of the object of regional property subject to demolition (in the absence - a description of its location);
c) cadastral or conventional number (if any);
d) record number state registration property rights of the Moscow region in the Unified State Register of Real Estate (if any);
Decree of the Government of the Moscow Region of July 4, 2017 N 565/23.
e) the state body exercising control over the implementation of the decision to demolish the object of regional property;
f) source financial security measures related to the implementation of the decision to demolish regional property;
g) the term for the implementation of the decision to demolish the objects of regional property.
7. A copy of the decision on the demolition of regional property within three days is sent to the Ministry of the building complex of the Moscow region if the activities related to the implementation of the decision on the demolition of regional property are financed from the budget of the Moscow region.
8. When implementing the decision on the demolition of objects of regional property, state bodies, enterprises and institutions ensure the implementation of the following measures:
organization of work on the demolition (dismantling) of objects of regional property;
taking measures to prevent harm to the population and the environment, including measures to prevent unauthorized access of people to the object of regional property;
organization of activities for the disposal of construction waste;
organization of state cadastral registration or state registration of an object, including technical registration;
execution of an inspection certificate confirming the termination of the existence of the object of regional property in accordance with Article 23 of the Federal Law of 13.07.2015 N 218-FZ "On state registration of real estate";
(The paragraph as amended, entered into force on September 28, 2017 by the decree of the Government of the Moscow Region of September 27, 2017 N 811/35.
organization of measures to remove objects of regional property that have ceased to exist from the cadastral register;
organization of measures for state registration of the termination of the ownership of the Moscow region to objects of regional property that have ceased to exist in the Unified State Register of Real Estate;
(The paragraph as amended, entered into force on July 25, 2017 by the decree of the Government of the Moscow Region of July 4, 2017 N 565/23.
providing information to the Ministry of Property Relations of the Moscow Region about objects of regional property that have ceased to exist, in order to exclude from the register of property owned by the Moscow Region.
9. The Ministry of Property Relations of the Moscow Region ensures that no information on real estate objects that have ceased to exist from the register of property owned by the Moscow Region in relation to the objects of regional property that make up the treasury of the Moscow Region are excluded from the register.
Document revision taking into account
changes and additions prepared
JSC "Codex"
Regarding your question, you can refer to the Letter of the Department of Real Estate:
Letter No. D23i-1663 dated April 16, 2015 to
issues of removal from the state cadastral registration of the building on
based on the owner's decision to destroy property (demolition,
dismantling), preparation of an inspection report confirming the termination of
the existence of the property
Document type:
Letter
Document Date:
May 29, 2015
print version
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The Department of Real Estate of the Ministry of Economic Development of Russia has considered the appeal within its competence.
In accordance with the Regulation on the Ministry economic development
Of the Russian Federation, approved by the resolution of the Government
Of the Russian Federation dated June 5, 2008 No. 437, Ministry of Economic Development of Russia
is not empowered to clarify the legislation of the Russian
Federation, as well as the practice of its application.
At the same time, we believe it possible to note the following on the issues raised in the appeal.
Demolition and dismantling of buildings are considered by urban planning legislation as a type of construction activity.
At the same time, the procedure for the demolition and dismantling of capital
construction is regulated by the legislation of the constituent entities of the Russian
Federation. In this regard, it should be noted that by the resolution of Gossroy
Russia of November 5, 1997 No. 18-65 approved the Approximate Regulation on
body of architecture and urban planning of the executive power of the subject
Of the Russian Federation, according to which the body of architecture and
urban planning of the executive power of the constituent entity of the Russian Federation
prepares initial and permissive documentation for demolition
(dismantling) buildings, structures and green spaces (paragraph 3).
Article 235 Civil Code Of the Russian Federation (hereinafter - the Civil Code of the Russian Federation)
determined the grounds for the termination of property rights, subjects
which can be represented by individuals and organizations, regardless of
forms of ownership ( legal entities), as well as the Russian Federation,
constituent entities of the Russian Federation and municipalities, represented by them
authorized bodies.
Taking into account the above, as well as the provisions of Article 209 of the Civil Code of the Russian Federation, the law
property can be terminated based on the owner's decision
(owners, in the case of common ownership) on the destruction of property,
what in relation to capital construction objects is demolition,
dismantling such an object.
It should be noted that under death or destruction in accordance with
civil law means an irreversible physical
the termination of the existence of a thing in its original form, which makes
it is impossible to satisfy the initial needs of the owner. Wherein
the termination of the existence of a thing upon its death or destruction should be
really irreversible.
For example, if a fire, landslide, flood or other
the natural disaster, the buildings were partially destroyed, then in this case
there will be a change in the properties of the property, and not its destruction
or death. The further fate of the property will depend on
the owner of the damaged property, who can decide on
restoration of an immovable property, its demolition, and termination
ownership of it.
It should be borne in mind that the demolition of objects capital construction
is associated with the dismantling of building structures, their
removal and subsequent disposal, carrying out earthworks,
improvement of the land plot, in addition, work on
dismantling must comply with the safety requirements
such work in relation to life and health individuals, property
third parties located near the dismantled object, which may
be damaged in the course of such work, environmental
security.
In this regard, the demolition of the object is carried out, as a rule, with the involvement of
specialized organizations with the conclusion of relevant agreements
(agreements with engineering services on disconnecting demolished buildings from
utilities, contracts for demolition, relocation, processing and
burial of demolition waste) and the signing of acts of work performed on
contracts confirming their performance.
In addition, the Regulation on the composition of sections project documentation and
requirements for their content, approved by the Government
Of the Russian Federation dated February 16, 2008 No. 87 (hereinafter - the Regulation) demolition
(dismantling) of an object or part of a capital construction object
is considered as a separate stage of construction (paragraphs 1, 8,
10 of the Regulations), in respect of which the "Project of the organization
works on demolition or dismantling of capital construction objects ",
the composition and requirements for which are provided for in clause 24 of the Regulations.
Comprehensive analysis of the legislation of the constituent entities of the Russian Federation
allows us to conclude that the basis for demolition (dismantling)
capital construction object is the order of the local authority
self-government on the demolition of such an object, which, including
the procedure and terms for the demolition of such an object are determined.
List of documents required for approval by the local authority
self-government decisions on the demolition (dismantling) of the capital object
construction is determined in accordance with the legislation of the subject
Of the Russian Federation, in particular, such documents include: decision
the owner on the demolition (dismantling) of the capital construction object,
project of organizing work on the demolition or dismantling of such an object, copies
work contracts for the implementation of demolition (dismantling) works, as well as
waste disposal.
Taking into account the above, unauthorized demolition of capital construction objects is not allowed.
According to part 1 of article 42 of the Federal Law of July 24, 2007 No.
221-FZ "On the State Real Estate Cadastre" (hereinafter - the Law on
cadastre), the survey report is a document in which
cadastral engineer as a result of an inspection of the location of the building,
structures, premises or construction in progress, taking into account
available cadastral information about such a property is confirmed
termination of the existence of a building, structure or unfinished object
construction in connection with the death or destruction of such an object
real estate or the termination of the existence of the premises in connection with the death
or destruction of a building or structure in which it was located,
destruction or destruction of a part of a building or structure, within which
such a room was located.
It should be noted that the actual demolition (dismantling) of the object
real estate precedes the cadastral work in order to
confirmation of the termination of the existence of such immovable property.
In accordance with paragraph 3 of the Requirements for the preparation of a survey report,
approved by order of the Ministry of Economic Development of Russia dated December 13, 2010 No.
627 (hereinafter - Requirements), the survey report is prepared on the basis of
information obtained as a result of inspection of the location of the object
real estate, taking into account the information of the state cadastre of real estate, and
also other documents confirming the termination of the object's existence
real estate. These documents are included in the annex to the act
survey.
According to clause 9 of the Requirements in the line "List of documents,
used in the preparation of the Inspection Report ", information about
the name and details of the documents included in the annex to
survey act. The specified list of documents is open,
however, such documents must include information to enable
identify the property.
Thus, the cadastral engineer, when preparing the survey report
uses documents confirming the termination of the object's existence
real estate, which can be attributed, for example, a copy of the order
local government for the demolition of the building, a copy of a closed warrant for
demolition works, copies of acceptance certificates for completed works
demolition, relocation, processing and disposal contracts
demolition waste, etc.
In accordance with part 6 of article 20 of the Cadastre Law with statements about
removal from the state cadastral registration of buildings has the right to apply
owners of such real estate objects, as well as owners of land
plots on which such real estate objects were located.
According to part 2 of Article 16 of the Cadastre Law, removal from
state cadastral registration of the property is carried out,
unless otherwise provided by the Cadastre Law, on the basis of an application for
removal from the state cadastral registration of the real estate object and
necessary in accordance with the Cadastre Law for the implementation of such
accounting documents. In accordance with clauses 4, 6 of part 1 of article 22
Of the Cadastre Law necessary for removal from the state cadastral
accounting by a document confirming the termination of the existence of the object
real estate is an act of inspection with the attachment of a copy of the document,
establishing or certifying the applicant's right to the relevant
real estate object (in the absence of information about the registered right
an applicant for such a property in the state cadastre
real estate).
At the same time, the legislation of the Russian Federation does not establish the procedure
removal from the state cadastral registration of objects that do not meet
the requirements established by Article 130 of the Civil Code of the Russian
Federation, i.e. not real estate objects, but accounted for in
as such.
It should also be noted that Article 8.18 of the Law of the City of Moscow dated
November 21, 2007 No. 45 "Code of the City of Moscow on Administrative
offenses "for the unauthorized demolition of buildings,
located on the territory of the city of Moscow,
administrative responsibility.
In the event of the demolition of the real estate object, the ownership right to it terminates upon the destruction of the property, that is, the loss of physical properties. On this basis, the calculation of the tax on the property of organizations should be terminated. This conclusion is contained in. In this case, according to tax office, the tax on the property of organizations must be calculated until the information about the administrative building is excluded from state register despite its liquidation five months earlier than the deletion of information from the register.
The RF Armed Forces indicated that payment property tax with the value of real estate is one of the components of the burden of maintaining the property, which lies with the owner. At the same time, the presence in the state cadastral registration of information about the real estate object and its belonging to the taxpayer cannot be the basis for levying tax in the absence of taxable property.
Is it necessary to reflect in the tax declaration on the property of organizations objects that are not recognized as an object of taxation by this tax? Learn from the material "Declaration on property tax of organizations and calculations of advance payments" in "Encyclopedias of Solutions. Taxes and Fees" Internet versions of the GARANT system. Get it for 3 days for free!
The court noted that tax law connects the obligation to calculate and pay tax on the property of organizations with the presence of real estate objects that are capable of bringing economic benefits the owner, in connection with which they are recognized as part of the taxpayer's assets - objects of fixed assets. Also, the RF Armed Forces pointed out the need to take into account the fact that the right to a thing cannot exist separately from the thing itself. According to the property right to the object is terminated, including in the event of loss or destruction of property.
We will remind that earlier the Ministry of Finance of Russia expressed a similar position in relation to.
Protection of the rights of owners of residential premises is currently provided for current legislation.
As for rights of owners of non-residential premises
(offices, shops, pharmacies located in demolished buildings) - their rights are currently protected by the provisions of the Civil Code concerning the alienation of land for state or municipal needs (this is where we included the demolition of a house in connection with "renovation"):
In accordance with paragraph 3 of Art. 239.2 of the Civil Code of the Russian Federation
"Alienation of buildings, structures, premises located in such buildings, structures, construction in progress in connection with the seizure of a land plot for state or municipal needs is carried out according to the rules provided for seizure land plots for state or municipal needs ".
In accordance with paragraph 6 of Art. 279 of the Civil Code of the Russian Federation, the terms, the amount of compensation and other conditions on which the seizure of a land plot for state or municipal needs is carried out are determined by an agreement on the seizure of the land plot and real estate objects located on it for state or municipal needs (hereinafter referred to as the seizure agreement).
In the event of a forced withdrawal, such conditions are determined by the court.
In accordance with Art. 56.9 Chapter VII.1 Land Code Of the Russian Federation, dated 25.10.2001 N 136-FZ, the agreement on the seizure of real estate for state or municipal needs contains ... the amount and procedure for payment of compensation for real estate objects;
In the presence of the consent of the persons from whom the real estate objects are confiscated, the agreement on the confiscation of real estate may provide for the provision of other real estate objects to them instead of the confiscated ones.
In this case, the agreement on the seizure of real estate shall indicate:
- the market value of real estate objects transferred or provided on the basis of ownership in exchange for seized real estate objects;
- the market value of other rights (for example, lease);
- the difference between the amount of compensation for the withdrawn real estate and market value transferred or provided in exchange for real estate objects, rights to them, the procedure for paying such a difference to the person from whom the real estate objects are confiscated.
Moreover, in accordance with Art. 56.12 of the Labor Code of the Russian Federation, a court decision on the seizure of immovable property seized for municipal needs for the purposes of integrated development territory can be challenged in terms of the amount of compensation for seized real estate.
Thus, at present, when the property is seized, the payment of monetary compensation is due, and in the case of the owner's CONSENT, the provision of another living space to him instead of the one seized, with the payment of the difference in value.
However, according to the project 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 terms of establishing the specifics of renovation housing stock in the capital of the Russian Federation - the city of federal significance Moscow (adopted by the State Duma in the first reading on April 20, 2017), now the owner of non-residential premises located in apartment building included in the decision on renovation, the authorized executive body of the city of Moscow or the fund proposes to conclude an agreement defining the transfer of ownership of the living quarters, in relation to one of equivalent non-residential premises
owned by the city of Moscow or the foundation.
Equivalent non-residential premises are non-residential premises, located on the territory of the city of Moscow, the area of which is not less area vacated non-residential premises
.
In case of unjustified evasion of the specified owner from the conclusion of this agreement within more than sixty days from the date of sending him the draft of the specified agreement, the authorized executive body of the city of Moscow or the fund has the right to apply to the court with a request to compel the conclusion of an appropriate agreement that determines the transfer of ownership of the non-residential premises ...
It means that upon the adoption of the law, the rights of the owner of such premises will not be protected by anything
!
Now you can not claim a decent monetary compensation for your destroyed property.
One version of a room of the same size is offered, and you cannot refuse it.
Losses incurred during the move, upon termination of the lease, the difference in price between the old and the new (possibly much cheaper) premises is not compensated by anyone.
We see in this situation a fundamental violation of the rights of the owner guaranteed by the Constitution:
In accordance with Art. 35 of the Constitution of the Russian Federation,
- The right to private property is protected by law.
- Everyone has the right to own property, own, use and dispose of it both individually and jointly with other persons.
- No one can be deprived of their property except by a court decision. Compulsory alienation of property for state needs can be carried out only on condition of prior and equivalent compensation
The new bill does not speak of equal compensation ( equal value), but about some "equivalent" living space of the same size, which, as we understand, will be located in a different area of the city of Moscow and there is no need to talk about equal cost.
In accordance with Art. 15 of the Constitution, the Constitution of the Russian Federation has supreme legal force, direct effect and is applied throughout the territory of the Russian Federation.
Laws and others legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.
In this case, we are witnessing the adoption of a law that directly contradicts the Constitution of the Russian Federation.
Thus, we can say that any decisions of the courts on the compulsory conclusion of an agreement "determining the transfer of ownership of an equivalent living space" will entail immediate complaints to the Constitutional Court of the Russian Federation.
This will ultimately lead to the abolition of the provisions of the unconstitutional law and, as a consequence, the abolition of hundreds of court decisions.
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