But there are situations where owners of old buildings, dilapidated housing developers offer to release their housing or land. Often it is a construction organization decision-Mayor for the land have been responsible for the demolition and resettlement of houses located on this site. Owners of houses and land is very important to know their rights in such matters.

Here is the determining factor will be the moment of decision to withhold the house and land. Depending on when the decision was made, possible solutions to the problem.

1. As is known, LCD Russia has come into legal force on 1 March 2005.

By virtue of Section 1. Art. 55 HCC RF removal (including by redemption) of land for state or municipal needs is carried out solely on the grounds specified in Art. 49 HCC RF. Prior to the entry January 10, 2005 by virtue of the Federal Law of 29.12.2004 № 191-FZ "On enactment of the Town Planning Code of Russia, who made a cop. 2 p. 1 tbsp. 49 HCC RF changes, the list of reasons not specified and is open. This allows the subjects of the Federation independently establish the grounds for removal from the plots of land owned by these entities or municipalities.

Thus, if the decision to withdraw the land was taken up, the 10.01.2005, it should also be guided by regulations of the Federation. Resolution of the Mayor should not contradict with the law of the RF subject.

2. If the decision to seize the house and land was taken by local authorities after March 1, 2005, there will operate completely different rules.

First, with the introduction of 10.01.2005, in Article 49 changes the RF Land Code was a comprehensive list of state or municipal needs.

Housing construction is now under these needs are not covered. All additions to that list should only be prescribed by federal laws, regional and local regulations can not contradict it (podp. 3 Clause 1, Article. 49 HCC RF).

Consequently, if the decision to withdraw the land was taken after 10.01.2005, the then owner of the site have the right to refuse forced departure from their homes.

Secondly, according to Art. 15, 16 LCD RF homes are left for the housing legislation. Consequently, to order their removal, the regulations of Art. 32 LCD RF. Danae article provides the only basis for which the owner may be withdrawn dwelling. It takes place when the land on which such building is located is taken for state or municipal needs.

In accordance with this article, the decision to withdraw the dwelling (house) takes the body decided to withdraw the land.

Article does not specify at what the right owner of premises using land on which such building is located. This may be the right of ownership, the right of permanent (in perpetuity) use, the right of inheritable possession for life. If a dwelling and the land on which such building is located, belong to the same owner, then redemption is made as the land (according to Art. 279 -282 Civil Code), as well as living quarters (according to the rules of this article). If the owner of premises has the right of permanent (perpetual) use or right of inheritable possession for life land, pursuant to Art. 283 CC RF termination of these rights are applied to the rules under Art. 279 -282 Civil Code, a dwelling is redeemed in the manner prescribed by article 32 of the LCD RF.

With regard to the removal of the dwelling from the owner, pursuant to Part 1 of article 32 of the LCD RF only prerequisite of such an exception is the exemption for state or municipal needs is under such a dwelling plot. Withdrawal of premises is carried out by its purchase with the following procedures:

- Removal of the dwelling by his redemption is possible only with the consent of the owner of such premises. In that case, if the owner of its agreement to buy part of premises owned by him will not give, it will not be forced to repurchase.

- The decision by a government or local government seizure of premises must register with the Federal Registration Service as an encumbrance the ownership of a dwelling, which is the expiration of a period of time may indicate the right to terminate.

According to Clause 2, Article. 13 FZ "On state registration of rights to immovable property and transactions with it" state registration restrictions (encumbrances) of rights established in accordance with the legislation in the public interest, public authorities and local authorities, initiated by these bodies and notifies the owner of the property . Notification owner of the property by a body which carries out state registration of rights in a period not more than five working days from the date of state registration. Temporary restrictions on the period between the registration decision by a public authority or local authority and direction of the owner of the notice is not provided.

- The owner of the premises or land shall be notified of the decision taken by the relevant decisions concerning the withdrawal of ownership of the dwelling. This notification is important for the owner of the dwelling, because of the receipt of such notification, the law binds one year, after which the possible purchase of residential premises by the owner against his will. In addition, following notification of the owner and associated preclusive period of two years, after which the owner will not be able to buy a dwelling on the basis of the court.

- The decision to withdraw the owner of the dwelling and the subsequent registration of such solutions in general do not restrict the owner in his right to possess, use and dispose of the dwelling during that period at its discretion. The owner may transfer the ownership and use of living accommodation to other persons under contracts of employment, rent, etc. It may also sell the residential premises. The owner has the right to make expenditures for the maintenance of premises, but they must be necessary to maintain it in condition suitable for use. Keep in mind that any excessive or unreasonable costs when calculating the redemption price of the dwelling owner will not be reimbursed.

- If there is consent of the owner, the redemption of the living space can be made at any time after the notification, which will be agreed by the parties of the transaction.

- Parties to an agreement concerning the purchase of the dwelling is on the one hand, the owner of premises, on the other - in public education (russia, the subject of the Federation or municipality). Depending on whether, for whose needs the redemption is carried out, the relevant payments shall be made at the expense of the federal budget and regional budgets or municipality. We establish two essential conditions of the agreement - it must be determined by the redemption price of the dwelling and the period of redemption, as necessary condition of the subject matter of the contract (in this case, the information necessary to identify the residential premises) as well as all the conditions on which the application for one of the parties agreement must be reached. If the parties reached agreement on all material terms of the contract, the contract is concluded.

-Purchase Price of the dwelling is determined by agreement with its owner on the basis of the market value of the premises and damages caused to the owner by the seizure.

Guidelines for determining the redemption price is the market price of residential premises and damages incurred by the owner in connection with the seizure of his dwelling.

- If the owner instead seized the dwelling provided more living space, then the market value of the new premises is the market value of seized premises shall be reimbursed only losses associated with the removal of the dwelling. If the value of new residential space below, along with a loss to the owner shall also be subject to pay the difference in the value of the premises, if the value of new residential accommodation above - indicated the difference may be credited with compensation to the owner for losses incurred in connection with the seizure of premises.

- But if the alleged owner of the cost may seem a state or municipal body is too high, he may refer the dispute to establish the redemption price to the court (Art. 32 LC RF p.9).

In this case, the court may assess the validity of decisions taken by the relevant authority for redemption, as well as its decision to determine the size of the purchase price, date of purchase and to address other issues to be resolved for ransom.

This conclusion is as follows: given the new version of Art. 49 HCC Russia, after 10/01/2005, in accordance with the Housing Code of the RF to remove a house or plot of land for housing purposes without the consent of the owner of the law does not allow. This also applies to determining the price of residential premises or land. If the seizure room in an apartment house purchase price can be determined by the court, then the seizure of land owned by the owner, residential house, the repurchase price is established only by agreement of the parties.