"Earlier this year, near our house on the site of the former ballet on ice reconstruction began with the add-hotel complex. Everything would be in order if the demolished building served as a ballet Backup slope. But the old building was dismantled, builders have begun to drill down, not strengthened Slope ", - says Dmitry Goncharov, a resident of the house on the street. Hospital, 2, in the heart of the capital.
Related article: What determines the cost of housing?According to him, about a month ago, residents of the home heard a strange sound - like something suddenly snapped loudly, and the house shook. Then on the corner of the house began to appear cracks in the wall, and asphalt around the house foundation began to sink. In the apartments of the first cracks appeared on the porch ceilings, doors began to warp. Residents believe that it is building a new hotel complex has caused the destruction of their buildings.
Housing office to help!
In such cases, lawyers are advised not to "get into a fight alone." In fact on the customer side of construction - serious resources and communications. In addition, when applying to the court the plaintiff must provide evidence. And it alone will be very difficult to provide all necessary evidence and pay the required examination.
At the first signs of damage to the house to convene a meeting of all tenants, draw up a protocol with a list of actions. In such cases, often creates a kind of general fund money. The collected money in it will be required to pay the costs of examinations, services of a lawyer, court costs.
The rules require that prior to the commencement of construction contracting conducted a survey of buildings adjacent to the construction site with a list of all detected cracks and other defects. All that appears above this in the inventory - is the result of the builders. And to fix occurred after the start of construction changes, you need to contact your local housing office demanding to see the house because of the deterioration of its technical condition because of the building and take the necessary measures to prevent further destruction. That housing office should make the act of destruction occurred - need to get a copy of the document and tenants.
"When it comes to dangerous buildings, in violation of the legislation and without the necessary permission of the competent authorities, must first go to a personal appointment with the leadership of the territorial state inspection arhstroykontrolya with appropriate written application, the best collective, to cease illegal building, - says Victor Sereda, General Partner Ltd. Aurum and Eustace. "- also stands as quickly as possible to write a letter to the district, but rather to the regional prosecutor's office. And, of course, among the possible and most effective methods of protecting their interests is to court" .
Often, housing office assists residents in their struggle to preserve the house. For example, after contacting the tenants on the street. Hospital, 2 local zhilupravlenie it sent to the customer requirement of building-warning of the urgent suspension of works and provision of all relevant documents. More on the issue had been informed the district administration, which in turn asked the city administration to undertake a meeting of the Commission on technogenic and ecological safety and emergencies.
In the case of effective action ZHEK tenants of the affected houses are likely to receive monetary compensation. Although the most likely cause is limited to repairing the damaged buildings at the expense of the customer's building.
And if you go to court?
Alas, the housing office in its instrument can recognize the cracks "trifling," and then the developer be allowed to continue construction. In this case, the next step of tenants affected houses can be a reference to the court.
Sometimes the submission of an application to court is a quick reaction from the developer - if he wants to "amicable" agreement with the tenants. Until the court decision at any time the parties may agree a settlement - to receive compensation or agree to repairs at the expense of the developer. The Court, of course, must approve the settlement agreement. But then the plaintiff will have to abandon the claim in part or in full. In any case, it should be remembered that the court on one occasion with the same parties can be held only once and re-apply with the same claim the residents no longer can.
If tenants decide to "go to the bitter end," that is a good chance and did make a stop construction. According to Irina Kudryavtseva, a resident of house number 26 on the street. Ostrovsky (Donetsk), a few years ago in the courtyard of their home began construction skyscraper. "Even then we are alarmed that the new house should be located very close to ours. When the pit was dug, construction start flooding. To our dismay, it was not ground water, but a real drain. Despite all this" beautiful nightmare " Construction continued, "- says Ms. Kudryavtseva. According to her, the most active tenants banded together and started writing letters and complaints to all possible instances, have also attracted the press.
"I do not know whether there was a decisive someone specific assistance (Department of Architecture, city hall, television, etc.) or their joint activities, but building stopped. Pit covered with earth, and a year later (summer 2010) at its place, we planted the young trees, "- said Irina. Examples of cases won by the builders is in the capital. In 2010, the Court granted the petition inhabitants of the neighborhood and preserve "Sophia of Kyiv", resulting in a city council decision on the allocation of land for construction has been declared invalid, and construction stopped.
The list of necessary actions - where to go
Local housing office
1. Dealing with the demand to see the house because of the deterioration of its technical condition because of the building and take the necessary measures to prevent further destruction.
2. The requirement to make the act of destruction occurred.
The requirement to cancel a decision to allocate land for construction
Gosarhstroykontrol (organization, reporting to Minregionstroy)
The requirement to cancel the permission for construction work (or not to extradite, if it has not yet issued)
Forensic Laboratory of Ministry of Justice
In order to pre-trial preparation to get a conclusion on the impact of the construction under construction on the property of the plaintiff in an old house and assess the damage caused by the influence of the standing facility.
1. Sued by all the tenants (or one of the tenants) to invalidate the decision of the City Council on the transfer of land for construction.
2. Sued by all the tenants (or one of the tenants) with the statement "On the removal of obstacles in the enjoyment of property and pecuniary damage." As a measure of security for the claim - a petition to ban the production of papers and registration (exclusion) object under construction building.
Transferring him a copy of the statement of claim.
Transfer them to a statement of the problem, conduct a personal meeting with the deputy requested that he filed a request to the Prosecutor's Office for violation of the rights of tenants.
Statement with the requirement to check whether there was made before the start of the new construction calculation of the impact of new construction on surrounding buildings. The application shall be attached the results of examinations.
State Housing Inspectorate
Dealing with the requirement to check for new construction and to issue an order to rectify violations of construction rules.
Letter outlining the essence of the arisen situation (with a copy to the head of city administration)