Tip 1: How are legally obliged to reimburse property if housing is demolished
Tip 1: How are legally obliged to reimburse property if housing is demolished
Housing construction in Russia is underwayat an accelerated pace, due to the high demand for new housing. But the prices for it are also high, since land within the boundaries of settlements is expensive. The way out of the situation is the renovation of the existing housing stock, the demolition and liquidation of dilapidated and low-value housing for the construction of a new one. The state is obliged to provide the tenants of the demolished house with the necessary housing and to compensate for the losses incurred.
If you live in a block of flats
The right of residents living under an agreementsocial rent in a house intended for demolition, Article 86 of the Housing Code of the Russian Federation stipulates for compensation. If you are the owner of a privatized apartment, articles 1064 and 1082 of the Russian Civil Code enter into force providing for your right to compensation for harm in kind. This means that according to a special written agreement (contract with the owner) you must be provided with a seized item of the same kind and quality, that is, an equivalent housing on the basis of property rights or compensate its value in money equivalent. There is such a nuance - to those tenants who lived on the contract of social hiring, the new housing will be provided in accordance with the existing norms established for this subject of the Federation. For Moscow, this rate per person is 18 square meters, in other regions it can be 15 and 12 square meters. Those. if a large family was crowded into a non-privatized apartment, the demolition of a dwelling house would allow permanently residing in it to improve their housing conditions. Citizens residing in their own apartment can count on the unpaid receipt of housing exactly the same area. In the event that you want to get an apartment with a larger area, you will have to pay the difference between the cost of new housing and the redemption value of the former apartment that was in your possession.Legal details
Please note that in accordance with Part 8of Article 32 of the Housing and Communal Services of the Russian Federation, apartment owners must transfer their property to the developer or the municipality only under the contract of barter of the premises with the offset of the cost of the newly provided apartment in the redemption price. In the event that your house has already been demolished and a barter agreement has not been concluded, a new apartment will be given to you for use under a contract for the hiring of social housing, since there is no longer a barter in kind. Since you will not be able to privatize an apartment that you use under a social contract, until March 1, 2015, you simply can not do it and will not be able to use it as an owner. In addition, the compensation you are relying on is not limited to the provision of new housing or payment equivalent to the value of your privatized apartment. You are also required to pay all losses and costs associated with the forced relocation.Tip 2: How to recoup the shortage
If the results of the inventory werea shortage is found, then the employer has the right to pay damages at the expense of the wages of the responsible or guilty employee. However, the legislation has a number of rules and restrictions that must be taken into account in this operation.
Instructions
1
Make an agreement on the full materialresponsibility. Only if this document is available, you will be able to refund the employee with the full amount of shortage, and not only the amount stipulated by the Labor Code of the Russian Federation equal to the average monthly earnings. This document is made out as an attachment to the employment contract. If the employee refuses to sign it, then this can be regarded as a refusal to perform his job duties. In this case, the employer has the right to impose a disciplinary penalty and on his own initiative to terminate the employment contract.
2
Conduct an inventory that will identify shortage material or monetary values. Based on the results obtained, a test record is completed. The document is made in two copies, one of which is transferred to the employee, and the second remains with the employer.
3
Determine the amount of damage that is equal toThe actual losses calculated taking into account market prices. At the same time, this amount should not be lower than the value of property adopted in accounting taking into account depreciation. Remember that the employee is exacting the shortage, and not the lost profit.
4
Contact the worker with a request to refund shortage. If he refuses to do this, thenThe employer has the right to collect the required amounts forcibly. Write an order for recovery within a month from the date of the inventory to determine the amount of shortage. The monthly deduction from wages in this case should not exceed 20%.
5
Apply to the court if, afterThe inventory took more than a month, the shortage is greater than the average monthly earnings or the employee refuses to accept the results of the audit. In this case there is no need to continue the employment relationship with the employee. The dismissal will not absolve him from liability. In this regard, do not take any additional measures to influence him after dismissal, as this may adversely affect the court's decision.
Tip 3: How to demolish a building
Sometimes the buildings that are in the countrythe site must be demolished. In some cases, this is required by law (when the building was erected without any permissive documents). In others - if the building is already old and threatens the safety of the people on the site. But in both cases, the demolition technology will be the same.
You will need
- special equipment;
- instruments
Instructions
1
To begin with, you need to understand all thatis inside the building. Take out all the things that are there. It is also necessary to dismantle all carpentry, roofing roofing material, linoleum on the floor. Also cut off the heating pipes (this applies to cases when the demolition of an apartment house) and plumbing. Only after this you can proceed directly to demolition.
2
Begin dismantling the structure from the roof. You can perform this procedure either with the help of special construction equipment, or manually. First you need to remove the roof, then the rafters. And only then dismantle the overlap. The material that you get as a result of the analysis of the structure can be discarded (provided that it does not touch anyone) or neatly folded on some additional surface organized by it (necessary in order not to destroy most of these materials).
3
After parsing the roof, proceed to the demolition of the walls. They also need to be disassembled carefully. It is advisable to do this in a circle, then you will avoid the risk of collapse when one or two walls remain. This work is laborious, because in the case of the demolition of a wooden building, you need to pay enough attention to removing nails from the boards. If the house is brick, then piece by piece material. Of course, if you use special equipment, then there will be no problems, demolishing the house can be easier and faster. However, if you want to save materials for any household needs or for another building, then you need to demolish the building carefully, manually.
4
And only when the walls are dismantled andare stacked side by side, start to analyze the foundation. The easiest way to disassemble is the base, which is the pillars on the cement cushions. But with a ribbon foundation will have to tinker. After all, there is more cement used, and besides it is dug deep enough into the ground.
