The Ministry of Economic Development of the Russian Federation presented explanations concerning demolition and dismantle of real estate objects not so long ago. It was noted that these actions are a kind of construction activity which regulation is carried out by legislature of subjects of the country.
On the basis of item 3 of Approximate provision on body of architecture and town planning of executive power of the territorial subject of the Russian Federation of 05.11.1997 No. 18-65, the committee of a city architecture or the region carries out preparation of initial and allowing documents for demolition. In turn, the Civil Code of the Russian Federation of Art. 235 stops the rights of any form of ownership. Considering it and provisions of Art. 209, and also the decision of the owner on dismantle, the property right it is possible to stop.
Destruction of object is the termination of its existence in an initial look, and, this process is irreversible. For comparison we will give the following example: at the fire or a flood the house is partially destroyed, its properties changed, but it isn't destroyed. Further only the owner can decide destiny of object: to restore or take down housing, having stopped the property right.
Demolition of object is not only dismantle, export and utilization of designs, but also improvement of a site. Procedure needs to be carried out with observance of safety requirements as life and health of natural persons, and the property belonging to the third parties. Demolition is carried out by the specialized companies signing contracts with engineering services, and also contracts for demolition, export, processing and waste disposal. Thus it is necessary to draw up statements of the performed works.
Having analysed the legislation of territorial subjects of the Russian Federation, it is possible to tell that it is possible to take down object on the basis of the order of local government. It establishes an order and terms of performance of this type of works. To coordinate dismantle with local governments, it will be required to provide the decision on dismantle made by the owner, the project of carrying out demolition, the copy of turnkey contracts and recycling.
Why and how to draw up the statement of inspection?
Demolition is carried out on the basis of the act of inspection (p.1 by Art. 42 of Federal Law of 24.07.2007 No. 221 "About the State Immovable Property Cadastre"). The cadastral engineer has to reflect result of survey of object taking into account the cadastral information in this document. Inspections according to item 3 of Requirements to its preparation which are approved by the order of the Ministry of Economic Development of 13.12.2010 No. 627 draw up the statement.
The basis are also the data obtained at survey of object, data of the state inventory and other documents which are confirmation of the termination of existence of object. This documentation joins in the annex to the act of inspection and contains data for identification of object. By preparation of this act documentation which serves as confirmation of the termination of existence of object is used. It is the copy of the order of local government about demolition, the copy of the closed warrant for performance of work on demolition, copies of acts of acceptance of the performed works on turnkey contracts on demolition, and also movement, processing and waste disposal of demolition.
We strike object off the cadastral register
To strike object and the land plot off the cadastral register, the owner addresses to cadastral body. Besides the statement it will be required to provide the act of inspection of object and documents on the property right. The legislation of the Russian Federation doesn't provide an order of removal from the cadastral accounting of objects which don't meet the requirements of Art. 130 of the Civil Code of the Russian Federation – not being real estate objects but considered as those.
It is necessary to remember that for unauthorized demolition administrative punishment is prescribed.