Renovation survey results. Where and how can I find out the results of voting on renovation at a specific home? Demolish will be quarters or individual houses
The Renovation program held in the capital remains a fairly powerful factor that affects the real estate market as a whole - both on the primary real estate segment and on the state of the market secondary housing.
Within the framework of this article, we will talk about what changes the renovation caused in the market during 2017-2019 and what is to be prepared by market participants in the nearest and long-term perspective.
The site portal asked experts who are direct market players, comment on the situation and give a professional assessment of the degree and quality of influence of the renovation program to the housing market in the Moscow region.
Segment of affordable housing - "painful point" of developers
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First of all, it should be noted that the effect of renovation does not affect the entire market in the context of the belonging of real estate objects to the housing of different class. Renovation very limitedly affects the comfort of the class "Comfort" housing, does not affect the real estate market of the "Business" category, and even more so, it does not affect the segment of elite housing. Mainly, the program is reflected in the class "Standard" housing segment (This class has previously recently been called "Economy"). The accommodation of this category occupies the most significant proportion of the entire residential real estate market, as it is most affordable in price.
Exit the new competitor's market: what to wait for developers?
Renovation program started in parallel with the introduction of all new laws tightened by the rules of the game market shared construction And, thus, further aggravated the position of developers, already complicated by negative trends, which could be observed at that time in the economy and which led to a significant decrease in demand. In addition to additional legislative restrictions, developers have a new competitor in the person of the state itself, which is the initiator of the resettlement of people from the dilapidated houses.
Considering the scale of the program, as well as the quality of competition (under state participation, the level of cost of real estate is lower, and the level of financial support is significantly higher) Operators working in the segment of the most affordable housing will become less competitive. They will not be able to reduce prices to increase the competitive advantage of the objects offered by them, as the level of demand now leaves much to be desired (Although, perhaps, in the future, the position will change).
However, the developers and developers will delete this competition not immediately, but after three to five years.Only the first wave of immigrants began, and only a very small part of the "renovation" apartments will be on the market - real estate will sell those who successfully used the moment and instead of the apartment in the Old House I got completely new accommodation.
Actually, such an exchange is an excellent opportunity for all immigrants: you can make a small mortgage, sell an apartment and move to a more spacious (or better) accommodation.
Some companies, most likely, will leave the market under the pressure of the absence of sufficient demand, as well as measures related to the transition from equity construction to project financing. Start mainly large companies that are able to independently finance the construction of their own facilities.
New features: "Quality" competition
However, there were already companies that saw new opportunities in the current circumstances. Given the desire of officials who are engaged in the introduction of the program and its popularization, to maximize the costs of construction, the lower threshold of the quality of real estate is limited only by existing standards. This fact does not mean that housing is bad, however, buyers and migrants do not have to count on comfortable planning and the use of any innovative materials that guarantee additional increase in operational characteristics.
Private companies, in turn, began to offer housing of the same class, but with certain improvements, although they require some expenses, but increase comfort in apartments. First of all, of course, we are talking On layouts, systems of the mutual location of buildings in residential complexes, the availability of convenient parking spaces.
It is quite natural that such a housing is preferred by those whose budget did not give the opportunity to purchase an apartment in the House "Comfort" -class, and who wished to get a higher quality accommodation than the necessary minimum, and, most likely, this trend will be continued in For the next years.
Positive Moments: Reducing mortgage rates and probability of participation in the program
On the arm of developers played and reducing mortgage rates - In the past, 2017, a new record was put in mortgage lendingThis trend we can observe and at the moment. By the way, this circumstance did not affect the objects found under the renovation program, since in this case there are several other funding methods that differ from the terms of equity construction.
At the moment, the authorities, in fact, do not allow developers to finance and participate in the renovation project. However, this position is likely to change soon:
First, officials themselves declared the need to attract all the wishing market participants (however, in fact, the other way is on the contrary),
Secondly, the city cannot finance the project in full. This requires huge investments that simply nowhere to take, given the long-term prospect of payback. Thus, some developers will be able to be afloat thanks to the state project.
Intermediate results: What is done on the program at the moment?
After signing by the President amendments to the Law on Metropolitan Status (thus approved the renovation program) Announced a vote for finding out the desires of citizens. According to the results of the voting in the program - about 5 thousand buildings, most of which are "Khrushchev" (in five floors). Actually, this is almost 70% of total housing Fund This type available in Moscow.
Defining Members: Voting
INTERESTING FACT:
To implement the program, it was necessary to conduct a vote among metropolitan inhabitants, since this program relates to them in the most direct way.
Residents 276 five-story buildings from demolition refused - Owners more than a third of all apartments in each of these houses were against participation in the program. Interests were divided in 184 homes - tenants from 40 to 60% of apartments voted for participation in the program. Consequently, these houses are also deprived of the opportunity to participate in the renovation program.
Where to learn about the participation of the house in the program
For convenience in finding information created site (consisting, however, from the only page)where everyone can find out the results of their home:
But the schedule of relocation is not ready yet, it will appear only until the end of 2019, and then all participants will learn at a time when it is possible to move.
Competition architects
Moscow authorities announced a contest among architects, and received 132 applications. Profile specialists of 17 countries took part in this competition, and 40 proposals came from foreign teams. Winners will be engaged in creating experimental projects and concepts under this program.
Quality and cost of finishing
The qualitative parameters of the finishing works are defined: It will be an improved finish that does not require any additional work. Actually, together with quality, the cost of finishing was determined, the total price of works and materials will be slightly exceeded 11 thousand rubles. per square. By the way, the cost of traditional finishes (in municipal style) makes up a little more than 7 thousand rubles. per square.
Requirements for the improvement of territories
A decision was made regarding basic requirements for work on the improvement of territories related to residential development conducted under the Renovation Program. Among other things, the document states that the requirements for improvement according to the desires of residents can be changed.
Number of parking spaces
Regarding parking spaces, the following decision was made: In the new quarters there is one parking space, on average, 2.5 apartments, in previously built-up areas, this indicator is one machinery for about 3.5-7 apartments.
Procedure for redemption of additional square, discounts
Moscow City Hall established the order of redemption of apartments, as well as the cost of housing for the participants of the program, which must be expanded by housing. The first 80 apartments are already presented, fully prepared for acquisitions for surcharge - objects are located in the Izmailovo area.
By the way, you can buy housing for surcharge, the area of \u200b\u200bwhich is no more than 100 square meters. meters
The approved procedure also provides, including the provision of discounts when purchasing additional Square - The program participants are guaranteed a 10 percent discount.
List of buildings that will not be demolished
A list of buildings that will not be demolished within the renovation program, the list includes 218 objects- These are buildings and complexes, the look of Moscow without which it is difficult to imagine. Objects are urban-planning, as well as historical and architectural value.
How many housing will hand over this year
Until the end of this year, the Moscow authorities are going to fully complete and pass at home so far only in eight districts of the capital. The Department of Construction reports that 33 houses in different parts of Moscow have introduced for immigrants.
Approval of places of development
Today, the metropolitan authorities also approved 242 starting platforms, where construction will be held.
By the way, today the number of houses included in the program is 5171 houses.
Definition of the contractor and the beginning of large-scale construction
Today, the Renovation Fund creates 90 projects of houses according to the standard of the program, until the end of September of the current year plans to declare trading to determine the contractor. More than 230 sites are in the active construction phase, a little more than 400 - in development. A fairly large-scale construction will begin, every district of Moscow will be covered.
Perspective plans
The mayor reported to the president that 10 thousand people by the end of the year would already move into new homes, it is planned to transfer 32 objects, of which 9 has already been transferred. Thus, it turns out to relocate residents of 43 five-story buildings.
Echo renovation: What is happening at the Moscow Ring Road?
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Moscow Region developers also felt the renovation pressure - the presence of a huge number of housing offers in the capital (which in itself causes a cost reduction)Along with the availability of a mortgage, determines some replacing the landmarks of potential customers, which for obvious reasons prefer accommodation in Moscow. So, in 2015, the Moscow region accounted for about 83% of transactions from the total volume(Moscow and MO) , now this indicator is 57%.
Opinions first hand: the word experts
So, the readers are probably interesting to know which forecasts will be made from the mouth of developers and developers.Potential buyers need to be understood - in which direction the market is moving, which will be with prices, as will change (and will change) Quality of real estate.
Word experts ...
Alexander Krasavin
First Deputy Chairman of the Board of Barcley Corporation
More than 30% of new housing (this is more than 1 million square meters. M) built during renovation will be exhibited on open market. Consequently, the renovation program will affect the real estate market, but not immediately - the effect will be noticeable after three to four years, as it withdraws this housing and increase its share in the market.
Renovation will affect only comfort class, as it will work in this segment. If, in addition, there will be no cheaper offer on the secondary in connection with the change in the FZ 214, then the entire supply will be on one price level - and secondary, and renovation, and primary. Everyone will be in one competitive zone. Against this background, the product quality struggle may begin, and if the renovation program can offer high-quality, interesting homes, then it will significantly affect the market. To win in this competition, developers will have to work very painstakingly on the product - it must be any unique solutions that the city, verified planning, special decoration MaterialsUnusual architecture. Actually, Barclay has long focused on architectural and technological advantages residential complexesThis is our specialization. We are erected by housing, which in terms of the level turns out to be higher than the average parameters of its segment, including in comfort - and on sales in the Honey Valley, you can judge that our product is interesting and in demand. And in the future, especially taking into account the renovation, the developers will have to, remaining within the boundaries of the same prices, create a competitive proposal precisely from the parameters of housing. This process may lead to the fact that private companies who failed to withstand such struggle will be ousted from the market.
Andrei Kolochinsky
Managing Partner "Vector Stroyfinance"
Since the approval of the renovation program has passed less than a year. To date, there are already ready-made new buildings, where people are resettled from the Old residential foundation. Nevertheless, evaluating the impact of the program to the metropolitan real estate market so far, since the bulk of square meters intended for sale will go on the market after several years.
According to analysts, Sberbank CIB is estimated to recoup the cost of the renovation program, the city will have to sell a total of 21.9 million square meters. m, that is, 1.5 million square meters. m per year. This is a fairly large digit - about half of the current supply. However, according to representatives of the construction complex of Moscow, about half of the housing, built on renovation, is about 15 million sq.m. If you stretch this volume for the entire program implementation period, it will not be such a big figure.
In any case, the new supply on the primary market may complicate the position of metropolitan developers. I hope that square meters as part of the renovation program will be sold at market prices and the city will not dumping not to wrap the market. Although today the first migrants wishing to buy additional meters, a discount of 10% is provided.
Developers will have to be not easy, they will be forced to adapt to changes, optimize the cost, differentiate the proposal and at the same time offer a better product compared to typical city projects. At the same time, the city will have an indisputable competitive advantage - location of projects, because most of the renovation sites are located in oblivioned areas with good transport accessibility and developed infrastructure.
Yana Glazunov
General Director of VSN Realty
After the implementation of the program, the Sellers "Khrushchev" raised prices, positioning such a purchase as a long-term investment. Many owners of the Old Real Estate Hoping to get better and modern housing at all changed it to implement it. The number of proposals for the sale of apartments in houses that came to renovation was reduced by 15-20%.
In the Moscow region, the renovation program is slightly, but restrains the rise in value square meter in new buildings.
Natalia Kuznetsova
General Director of Real Estate Agency "Bon Ton"
Plans to replace obsolete housing with new houses are becoming implemented. The effect of renovation is still impossible to be called quite tangible for metropolitan new buildings, but it is true that the program is only gaining its turnover. Thus, it is still early to evaluate its impact on the industry.
It should be noted that the very fact of the launch of the program, which has become a resonant event for the market, was perceived by developers with some concerns. The reasons for this are the winning position of the city associated with the availability of an administrative resource, and really enormous plans for the scale of the building. In official reports it was reported that more than two hundred sites with the construction of 3.58 million m2 were selected for the implementation of the program.
While more tangible effect is recorded in the secondary housing segment. This also applies to the cost, and the amount of supply in homes that have come to renovation. The number of such apartments on sale decreased significantly, as the owners expect improvements housing conditions at the expense of the state.
On the primary market, we see the following picture - at the stage of consideration of the competitive environment, the developer takes into account the presence of starting platforms for renovation, as well as outstanding houses.
The construction of new houses in the neighborhood will strengthen competition, and residents of houses falling under renovation are not interested in buying an apartment in a new building. This in itself is cut off part of demand.
Olga Barabanova
Commercial Director of Sezar Group
On tangible results of the effect of renovation to the market, so far, but already voiced introductory are enough to assess the prospects for the development of the new buildings segment. Apartments exceeding the needs of renovation will enter commercial realization. We are talking about a serious amount of apartments with attractive characteristics attractive to the mass audience: location in "cubized" areas, comfort class standards, with a high probability of probability at an attractive price - construction volumes and administrative resources make it possible to fundamentally reduce the cost level of cost. From this follows the logical conclusion: the share of business in the most budget segment of housing. If it remains, it will be minimal. Professional development will be focused in segments from "Comfort-Plus Class" and above, working on an audience, which it is important to have a "standard" housing (even if "good" standards), and "the last model that no one has enjoyed" . Under the influence of high competition, the level of quality of projects will grow, prices will also follow the cost.
Alexey Nikolaevich Shepel
Owner of the Corporation "S.holding", the former head of the Urban Program Management Program in the Government of Luzhkov and Reinwar Advisor
The first houses have already been built, but renovation in Moscow has not yet begun. The system has not yet been created: legislation is improved, the management structure is being improved, the development of new projects for the planning of renovation quarters is underway. Now there is an active search for starting spots, but the first contests for the design of houses on them have already passed. Currently, issues of building new homes are actively working: the problem of the export and disposal of construction waste, the construction of new engineering and power grids, as well as roads and social facilities is being solved. These are all the elements of a complex system in which there is the most important dimension - people and new environment in which they will live. Main question - When? More than 50% of queries from Muscovites are associated with the terms and stages of relocation, and only then the townspeople are asked - where? The city should, according to the experience of Luzhkovsky renovation, to make an address list of design, harshly tied to the new general plan of the city, construction and commissioning of facilities for the first five years of renovation, which will begin to be developed in 2019. Then a transparent system will come to replace manual management and point construction, effectively controlling the renovation process in Moscow. So far, this system has not yet earned the influence of the renovation of the housing market, the price fluctuations in five-story buildings are subject to emotions of sellers and buyers, stretch retail is waiting, the average rental period of apartments remained, as before - 6-9 months. The developers of their plans do not adjust, on the contrary, they hurry to receive new permits for the construction, which is associated with the amendments to the Law on share participation. Impact on the market should be expected not earlier than 2021.
Irina Pesich
Commissioner of the Brokerage Department of the Miel-Network of Real Estate Offices
At the moment, the market of secondary housing of Moscow completely calmed down and develops in a calm mode. Now there are practically no investment purchases for the purpose of the subsequent move - and such cases we noted in the fall last year. The owners of the apartments in the lawsigned five-story buildings received a certain idea of \u200b\u200bthe timing of the move (that is, they realized that there would be no resettlement, most likely, not in the near future). Those who and without news of renovation planned the sale of apartments in the five-story building, perform the intended. The rest decided to wait for the move. The number of lots exhibited for sale in five-story buildings since February 2017, i.e. The start of renovation, somewhat decreased precisely because the owners decided to wait. Prices for five-story buildings are now moving around in line with the market without showing explicit growth or fall.
It can be assumed that the large-scale construction of new houses for immigrants will revive the information space and the situation around five-story buildings. But while such projects can be counted on the fingers of one hand. And they do not have a significant impact on the market for such apartments.
Irina Dobrokhotova
Chairman of the Board of Directors of the company "BEST-Novostroy"
Despite the fact that the "pilot" houses within the framework of the renovation program are already populated, it must be remembered that these buildings were built earlier than the program was announced. The first houses that are designed directly under the purpose of the renovation of the housing stock were just started to be built this summer - we are talking about the starting area in the Cherkizovsky market area.
Nevertheless, a certain impact on the market renovation program is already indirectly provided. For example, the owners of the secondary houses in the "demolished" houses that came to the program were divided into several groups: those who decided to urgently sell such an apartment (this increased the volume of supply in five-story buildings and some 9-storey in the program); those who decided to calmly wait for the move and take an apartment up to the move; As well as those who are pleased with the prospect of the exchange of an apartment in an old house for a new building and waiting for relocation. Several had to change the strategy and landlords: many wishing to rent apartments for a long time in the old Fund, now indicate that the house is not under demolition in the coming years so as not to scare away tenants.
Igor Vasilenko
To make a final decision on each home, which is included in the Renovation program, the city hall of the city of Moscow takes into account the opinion of the inhabitants of each resident of the house included in the list. To do this, enact voting online. A lot of important aspect is the question ofwhen a vote for the demolition of five-story buildings?
On May 15, 2018, a survey concerning the renovation program was launched. The task for the inhabitants began to solve the fate of his home about participation or refusal of the project. The term for making a decision was given until June 15.
The voting process occurs in this way: a public survey is offered to which the only question is attached. The essence of the question sounds like this: whether resident agrees with the inclusion of the house in the program, subject to the provision of new housing.
Options for answering only two:
- Not.
Recall that the decision in favor of demolition and resettlement of tenants is accepted only in the case of 2/3 of positive responses for each home.
Where can I vote for demolition at home and find out the results
Before direct voting, on the site " Active citizen»You need to register. Next, you must fill out a profile where the address of the registration is indicated, the actual accommodation site, passport data, SNILS, personal number of the personal account and the address of the work.
In the event that some data are not filled, the voice will not be taken into account.
Also, each wishes is given the opportunity to overtake. This opportunity can be used only at a certain period of time and only from the Base "Active Citizen". The voice will be taken into account after additional processing, which lasts four working days. In this case, only the last voice is taken into account.
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 with equality of votes, they are all counted as "for".
Alternative method of adoption or refusal to participate
Solve the fate of the house in the project voting Personally with residents at home. To do this, you need to organize general meeting All residents of the house, draw up a protocol of the meeting, collecting photocopies of documents confirming the right of ownership or contract of social.
Vote for demolition of five-story buildingsor only all the inhabitants should be against him. After that, the percentage of votes is calculated and other documents are collected for transmission to the district administration.
Who has the right to take part in the survey
Take part in the survey can:
- owners of an apartment;
- owners of shares;
- tenants under the lease agreement;
- legal representatives, guardians or parents of children who have not reached an 18-year-old age in case the child owns a part of the apartment.
In order for the "demolition of five-story buildings", the survey should show the majority (namely, 60%) of positive solutions.
Despite the fact that the vote has long been completed and published lists of five-story houses, do not forget about the portals "Active Citizen" and "My Documents". In cases where a specific house wants to join or eliminate its presence in the renovation program, a public vote will be held on these resources.
In total, 4543 at home took part in the voting. For participation in the program, residents of 4079 houses spoke, against - only 276 (more than a third of owners refused). In the percentage of equivalent it is 90% against 6%. Even in 184 homes (4%), the votes were divided ("for" from 40 to 60% voted). These houses are included in the renovation program will not be, but their inhabitants still have the opportunity to change their decision if they hold a new meeting of owners until July 15.
Throughout the voting procedure, household residents could vote several times if their opinion was changed. According to the head of the Public Chamber of Moscow, Konstantin Remcheukov, 16.4 thousand people took advantage of this right - 5% of voting participants. 95% of the voted at the same time once gave their vote and no longer changed, notes Rotchukov. There were those who changed their vote four times, he added.
As the "Vedomosti" write, from the total number of houses participating in the voting, in 99% (4490 houses) voted over 50% of apartments. Most of the houses voted uniformly: more than 50% of houses (2282 five-story buildings) scored more than 90% of the votes. In fact, in every second house, the vote was close to unanimous: 4-5 entrances there were only 5-6 apartments "Against". Even more than 25% of houses scored "for" from 80 to 90% of the votes, the publication notes.
In total in 14 houses, the number of votes for inclusion in the renovation program was 100%. Moreover, among them there was not a single five-story building - the unanimity showed mostly residents of low-rise houses built mainly before the war.
The vote on participation in the renovation program took place from May 15 to June 15, 2017. It was possible to go through the procedure of will possible through the application "Active Citizen" and through Multifunction Centers. The percentage of votes between them was divided 57/43.
During the voting on renovation in Moscow MFC, seven erroneous votes were recorded, the voting was held on the portal "Active Citizen". At the same time, "Davydov.Index" reported that the opponents of the renovation were talking about possible chests when counting votes through electronic system, I remind you that such incidents were observed during the operation of the "Active Citizen" system.
Indeed, it was repeatedly expressed by claims due to the opacity of the voice counting system, as well as very specific voting options. For example, in controversial issues related to the construction of certain objects, sometimes there was no option "Not to build".
In addition, the critics of the system stated that not only Muscovites can vote in the "active citizen", but also any residents of Russia, and if there are several SIM cards, you can vote repeatedly. At the expense of these opportunities, legal methods are opened by the cheating of votes, they emphasized.
At the same time, the Moscow City Halls noted that the Renovation Program project created a special procedure for verifying data to take into account the votes of residents of the city. To go through the right to participate in the voting, it was necessary to introduce the name, passport number, SNILS, date of birth, the number of the financial and personal account of the apartment. All data passed a three-step verification by the federal authorities. Only in the case of a complete coincidence of all submitted data, the voice took into account.
Despite the fact that 90% of Muscovites voted for the demolition of five-story buildings under the renovation program, anyway, I continue to stand in my positions - this vote contradicts the Housing Code, Civil Code and the Constitution of the Russian Federation. In this regard, all these figures do not speak about anything.
The authorities skillfully talked with the people, they identified all the advantages of the renovation program. In my opinion, by big account Focused people head. We must admit to do it can do it.
I do not understand why people voted? For a cat in a bag? For beautiful pictures and dreams? When they are started to relocate in the anthills in the industries, then the voting will show completely different results. We emphasize - the vote in itself is illegal. But now, as is.
Municipal deputy of Zyuzino district (Moscow) Konstantin Yankauskas believes that until the resettlement program is beginning, there will be many ambiguities:
The whole question comes down to while I voted and what the turnout was. In fact, these numbers are difficult to check. The turnout was completely definitely not one hundred percent and 90% - it is from those who participated in this vote.
In the Zyuzino district, the inhabitants with whom I communicated (and this is more than 1,000 people who I spoke to personally said that the voting procedure itself did not worry. They perceived it like this: once they ask - you need to go to vote. In fact, people worried about two points: where will they relocate and under what conditions?
It should be noted that the bill that was adopted in the third reading significantly differs from the bill adopted in the first reading. It is really the sky and the earth! Changes have occurred significant. Still, rallies and the collection of signatures greatly influenced the change of law. Civil society has achieved certain changes. I can not say that the new law is ideal, but questions regarding compensation, the Moscow government was to take into account.
Where they will relocate tenants, until it is not clear. Voting spent, but as long as the resettlement program will begin, there will be many ambiguities. In this regard, the Moscow authorities to dedicate about the fact that 90% of Muscovites voted for the demolition of five-story buildings, not worth it. Voting campaign took place in hysterical form. Now, if someone from these 90% see that their house is going to demolish after 15 years, I do not know how the Moscow government will work with it.
Associate Professor of Moscow State University, Owner of the Company "Social Management", Moscow, Gregory Kazankov also commented on the survey results:
To be honest, I, however, I do not understand why a separate law is needed. And no one can explain this. Moreover, this law applies to all residents of Moscow, and not just those who fall into this stage of the renovation program.
If you carefully read the law, and I read it very carefully, in principle there is no list of certain homes. That is, the action of the law applies to everything without exception. Therefore, the law confuses me very much. I do not understand why he is needed.
2000 five-story buildings in the framework of the Luzhkovsky program of resettlement from five-story buildings have already been demolished. And without any separate law. And what is written in the renovation program, with a broad interpretation, which the new law allows you to do, can lead to a complete lawlessness regarding private property for Muscovites real estate. And it confuses me very much.
A list of five-story buildings that are planned to be demolished, but by which voting will be conducted among local residents. The decision to demolish each house will be accepted by two thirds of the votes. Voting will be held from May 15 to June 15.
"The list includes five-story buildings of the first period of industrial house-building, as well as some other similar homes.What were we guided by drawing up a list? First, the opinion of the inhabitants, secondly, information about the technical condition of the houses.
The list includes five-story buildings in unsatisfactory technical condition, and in which a large share of residents (as a rule, over 70%) wishes to participate in the Renovation Program. The opinion of the inhabitants was found to be in the course of special considerable telephone polls conducted by the Moscow Government in April 2017.
Houses in which a significant number of inhabitants doubt or opposes, are not included in the list, even though their technical condition leaves much to be desired. Nevertheless, residents of such houses can approve the application for the inclusion of the house in the Renovation Program project. These applications will necessarily be considered the most attentive way.
May 3, 10:24 The Moscow City Hall adopted a resolution, which determines the procedure for voting residents of five-story buildings, which are planned to be demolished. One of the points of the document provides that if the owner of an apartment or a person living in it under the social contract does not participate in the voting, then this apartment is automatically considered voted for demolition.
6.4. In the case of only one owner of the apartment or the employer under a social hiring agreement, who took part in the voting, when summing up the voting results, his opinion is taken into account.Dmitry Varskaya, 06/18/20176.5. In the event that all the owners of the apartment (parts of the apartment) and / or the employers under a social hire agreement did not take part in the voting, their apartment is taken into account in summing up the voting results as an apartment who has voted "for the inclusion" of an apartment building in the draft Renovation Program of Housing Fund in the city Moscow.
6.6. In the event that only part of the owners of the apartment (parts of the apartment) and (or) employers of the apartment (part of the apartment) and (or) employers of social hiring took part in the voting, then when summing up the voting results, the opinion of only those who participated in the voting takes place.
6.7. In other cases, the result of voting in one apartment is made a simple majority of opinions made by all participants in voting participants who are owners of an apartment (parts of the apartment) and (or) with employers under a social hire agreement.
6.8. In the event of an equal distribution of opinions (votes) in relation to one apartment, the voting for such an apartment is not taken into account and in summing up the voting results is not accepted.
6.10. The apartment building is considered supported for inclusion in the project of the Renovation Program of the Housing Fund in the city of Moscow in the event of the number of apartments who voted "for inclusion" a lot of apartment buildings in the draft Renovation Program of Housing Fund in Moscow, including the apartments specified in paragraph 6.5 of this Procedure, exceeds 2/3 of the total number of apartments in such an apartment building, reduced by the number of apartments specified in paragraph 6.8 of this Procedure.
What started?
"The law on the cancellation of all laws" is this way that the political scientist Ekaterina Schulman described the scandalous "renovation law".
On May 19, 2017, I personally attended the round table under the renovation law in the Public Chamber of the Russian Federation. The first time in my life I was on the round table, which lasted 4.5 hours, and not everyone had time to speak.
I tried to objectively appreciate the renovation as a whole as the project.
The most accurate my point of view expresses the work written expert group of the "Creation" Foundation.
The Moscow government is making titanic efforts to create a positive imagine to renovation.
In addition, despite the fact that the Pages of the Moscow Government site are so in the TOP 3 Yandex almost on all requests associated with renovation, they still pay Yandex Direct. By modest estimates, it is at least 179,990 rubles / month. This is only 1 word.
What do you think about whose money this "banquet"?
Results of voting on renovation of five-story buildings (see at home):
On the MOS.R./city/Projects/renovation/ The Moscow government offers to use the interactive service "See Renovation Voting Results"
Any negative trend immediately process analysts, and the PR team of technologists gives an answer to the resources of the Government of Moscow.
Note: Infographics of the Government of Moscow on "Molchunam" renovation
However, millions of rubles for the campaign and the work of hundreds of specialists did not reassure Muscovites who saw a video with an apartment on Youtube, which was already issued under the renovation program.
Explanation: The video that blew Youtube - what will look like a renovation renovation apartment
Analytical note on the results of consideration made by the second reading
amendments to the draft Federal Law No. 120505-7 "On Amendments to the Law Russian Federation "On the status of the capital of the Russian Federation" and individual legislative acts Of the Russian Federation, in terms of establishing the features of the renovation of the housing stock in the capital of the Russian Federation - the city of federal significance Moscow and the parliamentary hearings on June 6, 2017, public hearings in the Public Chamber of the Russian Federation on May 19, 2017
Analysis of the rules made to the State Duma of the Russian Federation of the Russian Federation, as well as a number of basic characteristics of the future renovation program made in them, made it possible to draw the following conclusions about the developed Housing Fund's renovation program and Muscovites, housing activists, experts arose a number of issues to which you have to get answers.
On June 9, in the second hearing, deputies of the State Duma adopted a bill No. 120505-7, which contributes to the law "On the status of the capital of the Russian Federation" or as it is called - a law on renovation in Moscow.
conclusions
Amendments eliminating the fallated opportunities for violations related to property rights are not included in it. Why initially the legislator takes the law by abolishing 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 separately taken region. For demolition of dilapidated emergency housing, the housing that threatens life, the safety of living in him, does not need any new law. New law We are needed to introduce new exceptions to make a simpler system of real estate demolition, which is declared morally outdated, uncomfortable. It is impossible to even make a law that cancels a number of other laws by force and power of the lower house of parliament. By itself, the practice of prescribing exceptions, territorial or temporary, it is quite vicious legal creativity. Federal legislation Not adapted, should not be adapted to respond to situational needs of anyone. In this case, allegedly for the elimination of dilapidated housing and the update of the territories. It sets a common frame that guarantees citizens' rights, and this law creates a framework that allows these rights to violate. Property issues, ownership of property cannot be solved in this way. The government of Moscow is invited to enjoy the "special right" to regulate relations adjustable Urban Planning Code, LCD RF, 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 are still not eliminated, it must be refined. And draw conclusions about weakly working filters, due to the lack of a wide public, expert discussion. In Moscow, a continuous agreement, the resolution of the hearings in the Public Chamber of the Russian Federation was not published and was not sent to the government and the State Duma until now.
1. This year, the Moscow government completes the program of comprehensive reconstruction of the five-story buildings of the first period of industrial home-building, during which 1 thousand 800 houses were demolished, and no special law was required for its implementation. There are no emergency houses in Moscow? Houses in need of reconstruction? Not all obligations are made on household houses.
Concept appears new program - Renovation, which implies the demolition of the five-story buildings "The period of the first industrial construction" by quarters with further construction in their place of new housing and territory improvement / in the second reading expanded the list of demolition houses to 9-storey / and for her suddenly a special federal law was required. For what?
There were many complaints by the fact that in the draft law, do not talk about the floors of houses included in the renovation program. Well, we were heard and concretized the position of the draft law. To the second reading to demolition houses, houses were added to 9 floors. Until now, we are talking about five-story buildings, but apparently, given the duration of the implementation of the program / 10-15 years /, the duration of the housing stock, and higher houses are included on the perspective. This significantly increased the circle of concerned and concerned citizens.
2. According to the Housing Code of the Russian Federation, the land on which a multi-storey is built belongs to the owners of the apartment of this house on the right of common share ownership, as well as other common property. These include all elements of landscaping and landscaping located on the plot. Land plots on which residential buildings are located, have borders, they were recorded. Residential homes and land during the existence of the RSFSR had a perpetual user and subject to mandatory legal registration.
Why on these previously taken into account the data was not transferred and not taken into account in the cadastre, according to existing legislation? The consequences of this still affect minimization land plots apartment houses and urban conflicts. Property issues, ownership of property years have to prove in the courts.
In the comments to the Land Code of the Russian Federation (for May 15, 2002) it is said: "From the date of the introduction of the RF RF, it is not allowed to privatize buildings, structures, buildings without the simultaneous privatization of land plots on which they are located. When concluding a contract for the sale and purchase of a building, facilities or other real estate, the buyer simultaneously with the transfer of the right to such real estate the rights to that part of the land plot, which is occupied by this real estate and is necessary for its use. " Accordingly, the yard and house territories are not urban property. Outdoor territories are included in the general property of the owners of the residential premises of an apartment building (Article 130 of the Civil Code of the Russian Federation, Art. 36 LCD RF).
State registration of rights to residential premises of apartment buildings is simultaneous \\ state registration Rights for general property "(paragraph 2 of Art. 23 of the Federal Law of July 21, 1997 No. 122-FZ" On State Registration of Rights to Real Estate and Transactions with Him ").
The right to real estate that arose until 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 inaccessibility of documents, not fulfilling the legislation, it was possible to conduct interlocking with the reduction of the area of \u200b\u200bland plots of apartment buildings. And the disposal of an unregistered land plot of an apartment building by the owner in the person of the executive authorities of the city of Moscow. This massively violates the rights of the premises of apartment buildings.
The norms and rules of technical operation required the availability of technical documentation for long-term storage, including the land plot documentation:
Plan of site on a scale of 1: 1000 - 1: 2000 with residential buildings and structures located on it;
Acts of acceptance of residential buildings from a construction organization with a number and date;
Act for land use;
Passport of land.
How did the public authority taken into account and kept these documents?
What is undertaken to recover lost?
Availability, safety, information openness, the availability of obtaining these documents should exclude inaccuracies in the accounting of borders outdoor territories and establish the legality of their changes, the legal owner.
Sentence
In addition to the terms of the contract below below, in addition to indoor information, reduction / description / shared property, including a land plot indicating its cadastral number, due to the law of the apartment building of an apartment building in the public property: "- When an equivalent residential room (indicating the cadastral number of such a dwelling), or in cases established by the fourth part of the fourth this article, information about the equivalent residential room (indicating the cadastral number of such a dwelling) transmitted by the owner of the residential premises or the size and order of payment of equivalent compensation in cash; " It is clear to register guarantees of the executive bodies in the fact that they will be formed and transferred, simultaneously with the room obtained, indicating the transfer of registration cadastral information in the contract, to the public property of the owners of apartment buildings of land plots, whose property or disposal they were at the time Construction of the house. It is necessary to record the transfer of ownership of the land plot into public property at the time of signing the first treaty with the owner in a new house. Since, for the period of construction, land plots may be owned by the city of Moscow, to be transferred to the Moscow Foundation for the Residential Development for rent or in free use, then the developer. The task of the city authorities, in this case, is to solve the issue of the formulation of the land plot of an apartment building on cadastral record / taking into account it, as a shared property /, in order to avoid conflict situations and increase financial costs Migrants. |
3. Excess freedom is provided to the draft law legal regulation regional legislator, which can lead to violation of the rights of citizens and legal entities;
An example of article 4 of the Law of the Russian Federation of April 15, 1993 No. 4802-1 (the powers of the state authorities of the city of Moscow in connection with the exercise of the city of Moscow functions of the capital of the Russian Federation) is invited to supplement the following paragraphs:
"... Determine the list of episodes and ciphers of projects of apartment buildings of the first period of industrial house-building, which are subject to demolition in accordance with this Law;
the lists of apartment buildings are determined, which fall into the boundaries of the territory to be renovated are similar in their constructive characteristics of apartment buildings relating to the series specified in accordance with paragraph, and which are subject to demolition in accordance with this Law;
agree on the Renovation of Housing Fund in Moscow (hereinafter referred to as decisions on renovation) containing a list of apartment buildings to be demolished in accordance with this Law, indicating their addresses, information about the boundaries of the territory to be renovated, about other objects capital constructionwhich are not objects of housing 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 the changes to the land use and development rules may be approved by the draft law simultaneously with the statement of the territory planning documentation. The priority of the planning documentation is removed, which is designed to fix the predictability of urban policy, and can be monitored by citizens through public hearings.
Directly spelled out norms that ignore articles of degrees. Codex 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 with the representative functions of the capital, such as "represent land, buildings, buildings, housing fund federal organs Authorities, as well as diplomatic missions of foreign states. "
Give federal law Moscow, as the capital, authority to "approve a program on renovation", which provides for "the peculiarities of regulation in the city of Moscow town planning and land relations, housing rights of citizens, relations associated with state cadastral accounting of objects real Estate and state registration of rights to real estate objects and transactions with them, technical regulation in the construction of the construction of the housing stock in the city of Moscow "- this is, in fact, to give the capital of the Russian Federation (with limited executive functions)" special right "to regulate relations adjustable Urban Planning Code, LCD RF, Land Code, which is contrary to Articles 71 and 72 of the Constitution of the Russian Federation.
5. The draft law №120505-7 and the decree of the Moscow Government dated 2 May 2017 N 245-PP "On account of the population of the population on the renovation project of the Housing Fund in Moscow", essentially break the legal design of ownership, creating a base for Its forced withdrawal, equating demolition of the renovation program to an exceptional case provided for in the legislation - emergency room at home.
Sentence
Make amendments that take into account that
At the heart of the relationship between the public authority and the owner of the apartment building with a relatively individualized facility - apartments, rooms or premises and the receipt of the consent of its replacement should be a contract, any vote or survey are informational in this part.
On the issue of termination of the existence of an object of law - shared property, including land, the consent of all owners / 100% / is necessary.
D.Kozak voiced that the minority should obey the majority in order to dispose of such a multi-line facility as an apartment building, including the decision on renovation. In this case, this law limits ownership.
Sentence
Then it is necessary to make amendments to the GC and the LCD of the Russian Federation. In the competence of the general meeting of the owners of the apartment building, this issue is not included.
6. From Article 7.3.
"In the event that an agreement on the transition of ownership of residential premises, located in an apartment building included in the decision on renovation, was not concluded in the prescribed manner after sixty days / to the second reading, amendment was made - 90 days / day of the direction of the owner of the residential premises proposal to provide equivalent residential premises, eviction, release of the specified residential premises , termination of ownership of the specified residential premises and registration of ownership of the equivalent residential premises are carried out in court. "
Sentence
It is necessary to make amendment in Art. 7.3 and extend the period from the date of the direction of the owner of the proposal more than 90 days / set the term - 120 days / so that citizens manage to issue documents by inheritance, return from a long business trip, from the hospital after treatment or center Rehabilitation, solve complex life situations, circumstances associated with a long absence.
7. The city delegated the right to vote at the general meetings of the owners, but in the LCD of the Russian Federation, it is not prescribed the opportunity to participate in the meeting and voting by the employer who presented a hiring agreement. Consider a hiring agreement, authorized representatives of the city - the employers can vote in the social structure of the IFC and on the Portal "Active Citizen". The protocol of the General Assembly is the official document and the procedure of the meeting is clearly spelled out in the LCD of the Russian Federation. 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 draft law:
OIV "Take on the basis of the approved renovation program for the renovation of the Housing Fund in Moscow (hereinafter referred to as decisions on renovation), containing a list of apartment buildings to be demolished in accordance with this Law, indicating their addresses, information about the implementation of the decide on renovation ( if available), as well as information on measures to implement such a solution and approximate terms of their implementation; "
It follows from this that the program with a list of homes is first approved, then surveys information procedures are carried out, the procedures for making decisions on the renovation program by the general meetings of the owners of apartment buildings. So the SESS solution is still, as well as on the initial variant of the bill, does not play a decisive value to include the house on the demolition list and forming a program?
From the draft law:
"Install in accordance with this law the procedure and form of identifying and taking into account the opinions of citizens in the formation and implementation of the renovation program;"
The order and forms of identifying and taking into account the opinions of citizens are already defined in previously accepted regulatory documents, Including in the form of a survey. To conduct it in the form of a survey of MFC or an active citizen, no additional standards are required.
Legally significant, is the decision of the OSS / General Assembly of Owners /
Conclusion: The project has an attempt to replace legally significant actions.
The number of votes about entering the Renovation Program on the OSS in an apartment building should not be installed normative legal Act The city of Moscow, only the Housing Code of the Russian Federation determines the issues of the competence of the OSS and the number of votes for their adoption. It needs to be amended.
The project said - in the event of a decision, an apartment building is subject to exclusion from the draft renovation program, renovation programs.
The question is why the owners are forced to conduct an OSS to exit the program to which they were included without solving them at the General Meeting, and on the basis of information surveys on an active citizen and MFC?
Another thing is, if the decision to enter the program was accepted at the OSS, and then, by virtue of the reasons, the owners changed their mind and conducted an OSS of the exit of it.
The whole question is that solutions to the owners of the MKD premises are made exclusively forces and is regulated by the norms of specialized law - LCD RF.
The city of Moscow delegates the right to vote at the general meetings of the owners on the inclusion in the Renovation program, but the LCD of the Russian Federation does not register the opportunity to participate in the meeting and voting by the employer who presented a contract of employment. Considering a hiring agreement, authorized representatives of the city - the employers can vote in the polling structures of the MFC and on the Portal "Active Citizen". The protocol of the General Assembly is the official document and the procedure of the meeting is clearly spelled out in the LCD of the Russian Federation. 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 indicate that the program should contain the periods of implementation for each MCD from the list of houses included in the renovation. For example, on previously adopted documents, no less than a year, residents learn about demolition.
9. The first relocations will be exemplary, but in the future part of households as a result of the implementation of the program may suffer economic losses up to 10-40% of the cost of available housing through the provision of new housing of a smaller market value (that is, not equal, and equivalent), increasing payments / Elevator, content and repair, taking into account the increase in the area of \u200b\u200bcommon property.
10. Established by the mayoria's poll rules influence its results and testify to the interest of developers in a positive solution to the issue of demolition of the house. Initially, the rate of accounting did not participate in the voting of apartments as those who spoke for demolition. In amendments to the second reading, the edit was made - the voices of "Molchunov" will be taken into account in proportion to. In the IFC, the samples are filled with a positive response on the issue of inclusion in the renovation program. The computer voting system in Internet systems caused many complaints in the elections to the past composition of the Public Chamber of the Russian Federation.
Why is the voting not built on accounting for votes exclusively owners of the premises of the apartment building and their authorized persons at the general meeting of owners? This will allow to obtain a more reliable result of the will, recorded by the official document - the Protocol.
Sentence
Leave one form to take into account the opinions of residents - according to the results of the decision of the General Assembly of the Owners of the Apartment Building.
11. The question of the reliability of information about the technical condition of the house and is not profitability of the overhaul in the houses of the quarters included in the program. These houses were examined earlier at the start of the winmont program in Moscow, the data of BTI, Moszhilospects, monitoring were taken into account, sometimes additional surveys were conducted. Taking into account the technical condition of the house included in the winmont program. Some on very long time. In some of the homes included in the program, overreights were held in the past two or three years. And after that they were in unreprofitable. Such contradictory actions of public authorities do not cause confidence.
Sentence
To the general meetings of the owners of the MKD premises, at the stage of their preparation, authorized representatives of residents should take part in a survey of the technical condition, a reliable information and documentation on the technical condition of the house should be provided, to form opinions, making proposals and make a decision on entering the Renovation Program. To take into account the need to develop modern standards for determining the technical condition based on the results of instrumental control methods using modern instruments that use both contact and non-contact measurements. |
12. From the text of the bill of guarantees in residents - "the size of equivalent compensation provided for in this part is determined by the rules established by part 7 of Article 32 of the Housing Code of the Russian Federation. This statement can be sent to the authorized body of the executive authority of the city of Moscow within thirty days from the date of receipt by such a draft agreement concluded in accordance with part of the fourth of this article and providing for the transfer of ownership of residential premises with the condition for the provision of equivalent residential premises. "
13. The draft law did not contain a regulatory number of proposals / at least three, by analogy with previously accepted standards / according to the premises provided instead of the transmitted city, which lays out mechanisms for abuse.
Questions
1. The key concept of the draft law is the "first period of industrial house-building" - absolutely not a legal concept. What is from the point of view of the Law "Industrial Period of House Building"?
This wording should be specified.
The second reading made amendments, but not the concept, and at homes believing to this period.
2. Residents of uncomfortable, outdated residential foundation / including hostels / are invited to hold a general meeting of the owners of an apartment building, to include it in the program. Hearing the mayor, the inhabitants begin to prepare and hold meetings. There are many "not quarterly" houses in the city, in which people want to move and are really dilapidated at home. How will the fate of such houses be solved?
3. How will the rights of residents in homes located in close proximity to the new construction be taken into account and defend themselves? An increase in the floor, density, the change of architectural panoramas, is definitely touched by their interests.
For part of the household buildings, access to recreation facilities and an environmental situation in the area of \u200b\u200bresidence may worsen. With the renovation of the territory, the technical condition of nearby buildings may worsen.
4. In the media, representatives of the Government of Moscow, the deputies voiced that amendments to the second reading were made and when implementing the program, the conditions of the sections and the settlement of communal will be improved. And how will these questions will be solved in the homes of demolished not under the renovation program? Will not be that not equal conditions will act?
5. Will a program for the reconstruction of apartment buildings, located not quarterly, will be adopted. And "point" in the current building? Metropolitan architects have been assembled, both foreign and domestic - Moscow-ul.Mishina, Khimkinsky br, Kaliningrad and Mn.dr. Experts are the economic effect - 30% of investments in new construction? Do you need to demolish at home with whole quarters or decide the fate of each individual house, "diagnosing and assigning the right treatment"? Those more that inside the quarters remain "refusal" and non-residential buildings. The draft law states the territories - quarters / microdistrict / subject to renovation. After making amendments and the first voting results / order, one hundred houses voted against /, such a delated design begins to crumble.
6. From the text of the draft law - "in the case of the preparation of documentation on the planning of the territory in order to implement a decision on renovation in relation to the territory, within which it does not provide for the implementation of its integrated and sustainable developmentThe project planning project may not contain information, documents, materials, the need to include for the case of the preparation of the project planning project to be comprehensive and sustainable development in accordance with the Urban Planning Code of the Russian Federation. "
In this norm, and below registered in the bill, nothing has changed from the first reading and the legislators are ready to provide Moscow excess authority, deriving it from under the actions of the city. Codex of the Russian Federation, protecting the law of Muscovites, thus laying the basis of future urban-planning conflicts. What is the purpose of taking such rules?
7. From the text of the bill on guarantees in residents - "owners of residential premises in apartment housesThe renovation (hereinafter referred to as the owners of the residential premises), and the employers of residential premises in apartment buildings to be renovated, in order to ensure their housing rights, instead of these residential premises are provided with equivalent residential premises. "
In the second reading, the equivalent is left, and not the equivalence of the residential premises provided instead. Promises remained in words and did not go into the norms of the law?
Why in the criteria of the provided housing - apartments / premises / not taken into account the floors, the location of the house, the distance from the subway and shops, the objects of the social sphere?
8. From the text of the bill of guarantees in residents - "Construction of an apartment building in which a residential premises is located on a land plot owned by the city of Moscow or in the land plot, state ownership of which is not demarcated (including on the land plot provided in accordance With land legislation, the Moscow Renovation Fund for Residential Development for rent or in free use).
It is necessary to register the legislative obligations of the city for the formation and formulation of cadastral registration of the land plot of a newly built apartment building for the execution of the norms of the LCD of the Russian Federation, ZK, GK. The direct rule of the law would not allow unscrupulous officials, representatives of the NK Fund for Renovation to violate the rights
owners of the apartment building at the resettlement in new house. Why rights weak side Have you received additional protection?
9. Is it better to regularly, systematically and comprehensively solve the issues of all approaching housing? By conducting timely and high-quality major repairs, reconstruction, modernization, raising the level of work on the current content and repair? Housing security in Moscow is also low. Why not take a high-quality legal act in a hurry?
Expert Group Foundation "Creation"
Hands. Varskaya Tatyana Vladimirovna
Chukanova MA
Druzhinina I.N.
Denisenko T.I.
Aliyeva L.V.
Stefanovskaya N.V.