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Those, who are moving from the houses demolished within the framework of the program, can be provided with new apartments of smaller living space. This is stated in the resolution of the municipal authorities. Such housing will be provided subject to the owners consent and compensation for the missing meters at the market price. The federal law explicitly states, that apartments of no less floor area shall be provided in return of demolished. However, lawyers interviewed by Kommersant do not see any violations here, as they are about the voluntary consent of the owners to these conditions.

The municipal authorities adjusted the rules for the distribution of apartments within the framework of the renovation program by Decree 219-PP dated March 2018. The document complements the powers of the program operator, the capital renovation fund. Thus, it has the opportunity to provide the moving persons with apartments having larger common but smaller living space in return of the demolished properties. The resolution emphasizes that such barter contracts may be concluded “subject to the consent of the owner” and payment of compensation. The compensation amount is estimated as the difference between the residential floor area of the old and new apartment multiplied by the “market value per square meter” in the constructed house. The persons accepting such conditions will also receive a 10% discount for the purchase of a second apartment in a new house. 

The renovation program was approved by the Moscow authorities in August 2017. The list for demolition comprises 5,171 houses (the total area of housing is about 16 million sq. m.) which is about 350 thousand apartments, where up to 1 million people live. About 70% of the buildings included in the program are five-story buildings. In exchange, the settlers will receive equivalent housing in their area (with the exception of Zelenograd and Novaya Moskva, where the resettlement will be performed within the district), and they can also choose an equivalent apartment or monetary compensation. According to the Department of Urban Development Policy of Moscow, in 2018 32 houses with a total area of 400 thousand sq. m. will be commissioned <...>

Lawyers do not see any conflict between the decree and the federal legislation. Zinnur Zinniatullin, the lawyer, argues that the city prosecutor's office “can come provide instruction” to the authorities, and Konstantin Savin, the lawyer of Pavlova & Partners Law Firm adds that it is possible to appeal the mayoral resolution in the Moscow City Court. However, both see no prospects in such proceedings. “The decree contains a fundamental reservation “subject to consent”, assumes compensation and fact that the provided apartment has larger total area,” Mr. Savin specifies. “There are no plans to deprive the residents of compensation, on the contrary, the decree explicitly stipulates thereon,” Dmitry Shevchenko adds. Konstantin Savin is confused only with the “absence of consent form” in the document. “A person can agree to something without analyzing the conditions. When adding the wording on prior written consent, the legitimate interests of the owners will be fully protected,” the expert noted.

Source: kommersant.ru