COMPENSATION FOR DAMAGE CAUSED BY FLOODS

In what cases can citizens receive compensation for property damaged or destroyed as a result of a flood? How much damage is compensated? When is housing provided to replace the lost one? What documents do you need to collect and where to apply to receive compensation?

 

NATURE OF THE EMERGENCY

WHAT CATEGORY OF SITUATIONS DOES A FLOOD FALL UNDER?

In accordance with paragraph 62) of Article 1 of the Law of the Republic of Kazakhstan “On Civil Protection” , natural emergencies are emergencies resulting from natural hazards (geophysical, geological, meteorological, agrometeorological, hydrogeological hazards), natural fires, epidemics, damage to agricultural plants and forests by diseases and pests.

Thus, flooding refers to a natural emergency.

However, in accordance with subparagraph 65) of this article, emergencies caused by the harmful effects of hazardous production factors, transport and other accidents, fires (explosions), accidents with emissions (threat of emissions) of highly toxic, radioactive and biologically hazardous substances, sudden collapse of buildings and structures , dam breaks, accidents on electric power and communication life support systems, treatment facilities are classified as man-made emergencies.

WHAT IS THE DIFFERENCE IN COMPENSATION FOR HARM IN THE NATURAL AND MAN-MADE NATURE OF THE EMERGENCY?

In accordance with Article 58 of the Law “On Civil Protection”, compensation for harm (damage) caused to individuals and legal entities by man-made emergencies is carried out by the tortfeasor (damage) himself voluntarily or by a court decision.

Harm (damage) caused to the health and property of individuals by natural emergencies is compensated within the limits necessary to meet the minimum needs of the victims at the expense of budgetary funds.

Housing constructed at the expense of budgetary funds is provided to citizens left without housing as a result of a natural emergency.

HARM (DAMAGE) SUBJECT TO COMPENSATION

COMPENSATION FOR WHAT DAMAGE AS A RESULT OF EMERGENCY SITUATIONS CAN INDIVIDUALS CLAIM?

In accordance with Article 58 of the Law “On Civil Protection”, individuals have the right to claim damages in connection with:

• causing harm to health;
• death of close relatives;
• causing property damage;
• the unsuitability of the dwelling.

WHAT DAMAGE IS NOT RECOVERABLE?

Non-refundable:

• temporary buildings, household and other buildings that are not related to real estate objects in accordance with the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities, as well as illegally constructed objects;
• valuable clothing, luxury items or made of precious metals, items of artistic value.

(Article 58 of the Law “On Civil Protection”)

WILL THE DAMAGE CAUSED TO OUTBUILDINGS (BARN, GARAGE, SAUNA) BE COMPENSATED?

In accordance with subparagraph 5) of Article 5 of the Law “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan” , real estate objects, including all types of structures with related technological and engineering equipment, are objects of architectural, urban planning and construction activities.

According to subparagraph 17) of paragraph 2 of the Instructions for the initial and subsequent state technical inspection of real estate, office buildings are buildings on a land plot that, in relation to the main one, are of secondary importance on a land plot. Outbuildings include a barn, garages, bathhouses and others. Service buildings are part of the real estate object and are subject to registration as part of the common real estate object – home ownership.

Provided that these buildings are put into operation in the prescribed manner, and the ownership of them is registered, the damage caused to such buildings shall be compensated according to the general rules.

WILL DAMAGE CAUSED TO UNREGISTERED PROPERTY BE COMPENSATED?

If real estate (for example, a residential building, a country house, an extension, a garage) is not put into operation and the ownership of it is not registered with the justice authority, then the damage caused to such buildings will not be compensated.

WHICH OF THE FURNITURE AND HOUSEHOLD APPLIANCES IS INCLUDED IN THE PROPERTY, THE DAMAGE TO WHICH IS SUBJECT TO COMPENSATION?

As mentioned above, Article 58 of the Law “On Civil Protection” prohibits compensation in respect of only valuable clothing, luxury items or items made from precious metals, items of artistic value.

In relation to any other property (furniture, household appliances), the damage must be compensated in accordance with the general procedure.

DOES THE AMOUNT OF COMPENSATION DEPEND ON THE NUMBER OF RESIDENTS?

When indemnifying for damage, the fact that the property is under the right of ownership and its legal registration, as well as the amount of damage caused, is taken into account, and not the fact of residence, registration at the place of residence or the number of people living in the house.

COMPENSATION FOR DAMAGE TO HEALTH AND PROPERTY

TO WHAT EXTENT IS COMPENSATION FOR HARM (DAMAGE) CAUSED TO THE HEALTH AND PROPERTY OF INDIVIDUALS BY NATURAL EMERGENCIES?

Harm (damage) caused to the health and property of individuals by natural emergencies is compensated within the limits necessary to meet the minimum needs of the victims in the manner determined by the Rules for Compensation for Harm (Damage) Caused to Victims Due to Natural Emergencies, approved by the Decree of the Government of the Republic of Kazakhstan dated December 19, 2014 No. 1358 .

WHAT IS THE PROCEDURE FOR APPLYING FOR COMPENSATION FOR MATERIAL DAMAGE?

Victims who have suffered material damage, within 30 calendar days from the date of the emergency, must submit to the local akimat an application for compensation for material damage, completed in the prescribed form .

Registration of applications and documents is carried out by the local akimat in the register of applications for compensation for material damage with the issuance of a receipt to the victim confirming the acceptance of documents.

WHO SHOULD APPLY FOR DAMAGES?

This must be done by the injured owner. If it is impossible for the victim to apply personally, his relatives or other persons on the basis of a power of attorney, as well as legal representatives if the victim is a minor, can apply for compensation for the harm (damage) caused.

LIST OF DOCUMENTS ATTACHED TO THE CLAIM FOR DAMAGES

Attached to the claim for damages are:

• a copy of the identity document of the injured person (in cases of loss or destruction of such a document due to a natural emergency, or during the liquidation of an emergency – a temporary identity card issued by the internal affairs bodies);
• a list of the lost and/or damaged property of the victim since the occurrence of a natural emergency or during the liquidation of an emergency.

(clause 7 of the Rules for compensation for harm (damage))

DEADLINE FOR CONSIDERATION OF AN APPLICATION FOR COMPENSATION FOR MATERIAL DAMAGE

An application for compensation for material damage is considered within 15 working days from the date of receipt of documents by the local akimat (Clause 9 of the Rules for compensation for harm (damage)).

DAMAGE ASSESSMENT

The local akimat, within 10 working days from the date of registration of the application, organizes an assessment of the amount of damage caused by the appraiser. At the same time, the costs associated with the organization of the assessment are borne by the local executive body (paragraph 10 of the Rules for Compensation for Harm (Damage).

Determination of the amount of harm (damage) caused to property is carried out with the obligatory participation of the victim and the appraiser. At the same time, according to paragraph 12 of the Rules for compensation for harm (damage), the victim has the right to choose an appraiser and to familiarize himself with the appraisal report.

The amount of compensation for harm (damage) is determined based on the costs necessary for the restoration (repair) of damaged property, and / or the amount of depreciation of property due to its damage or the value of lost property at market prices in force in the area at the time of compensation for harm (damage), from depreciation of lost or damaged property. The costs of restoration (repair) of damaged property are confirmed by the estimate or calculation of the costs of its restoration (Clause 13 of the Rules for Compensation for Harm (Damage).

WHEN IS PROPERTY CONSIDERED DESTROYED?

Property is considered destroyed if its restoration is technically impossible or economically unjustified. Restoration of property is considered economically unjustified if the expected expenses for the restoration of property exceed 80% of its market value on the day the damage occurred (paragraph 14 of the Rules for Compensation for Harm (Damage)).

HOW LONG DOES IT TAKE TO PAY THE VICTIMS?

Within 3 working days after the conclusion of the appraiser, the akimat is obliged to make a decision on the allocation of funds, agreed with the authorized body for the execution of the budget of the region, city of republican significance, the capital, district and city of regional significance.

Payment is made to the victims within 30 calendar days after the relevant decision is made.

PROVISION OF HOUSING FROM THE PUBLIC HOUSING STOCK

IN WHAT CASES ARE CITIZENS LEFT HOMELESS AS A RESULT OF AN EMERGENCY SITUATION PROVIDED WITH CONSTRUCTED HOUSING?

The constructed housing is provided to citizens left without a home as a result of an emergency in the manner established by the Rules for the provision of housing to citizens left without a home as a result of an emergency, approved by Decree of the Government of the Republic of Kazakhstan dated November 21, 2014 No. 1222 .

Housing from the state housing stock is provided free of charge to citizens whose housing as a result of an emergency situation on the territory of the Republic of Kazakhstan has become unsuitable for habitation.

WHEN IS A HOME CONSIDERED UNINHABITABLE?

Technical inspection of structures is carried out after fires and natural disasters in accordance with the rules of Building Regulations (SN RK) 1.04-04-2002 “Survey and assessment of the technical condition of buildings and structures”, approved by order of the Committee for Construction of the Ministry of Industry and Trade of the Republic of Kazakhstan dated December 26, 2006 No. 47.

Clause 5.1. of these Building Codes sends for the assessment of the technical condition of residential, public and auxiliary industrial) buildings in the process of extraordinary inspections in accordance with the Guiding Document in the Construction of the Republic of Kazakhstan (RDS RK) 1.04-07-2002 “Rules for assessing the physical wear and tear of buildings and structures”, approved by order of the Committee for Construction of the Ministry of Industry and Trade of the Republic of Kazakhstan dated January 17, 2003 No. 11.

The specified Guiding document in construction contains tables of physical wear and tear of various structures and elements of buildings and structures: foundations, walls, partitions, ceilings, stairs, loggias, balconies, roofs, floors, windows, doors, finishing coatings. These tables contain approximate lists of work required to eliminate wear. At the same time, with physical wear above 61-80%, restoration work is not provided. Therefore, with such damage, the dwelling will be considered uninhabitable.

WHO PERFORMS A TECHNICAL INSPECTION OF THE RELIABILITY AND STABILITY OF THE DWELLING?

The technical examination of the reliability and stability of the dwelling is carried out in accordance with the contract for the technical examination of the reliability and stability of buildings and structures by an expert who has the appropriate certificate for the right to carry out a technical examination of the reliability and stability of buildings and structures, or by an accredited organization that includes certified experts. Such a survey is carried out in cases of the consequences of fires and natural disasters. (paragraphs 3-5 of the Rules for the implementation of the technical inspection of the reliability and stability of buildings and structures )

The expert draws up an expert opinion based on the results of the engineering analysis of the conducted technical survey with conclusions about the results of the conducted technical survey of the reliability and stability of the object.

WHO DECIDES ON THE RECOGNITION OF HOUSING EMERGENCY?

In accordance with paragraph 3.3.40. Building Regulations (SN RK) 1.04-04-2002 “Inspection and assessment of the technical condition of buildings and structures”, approved by order of the Committee for Construction of the Ministry of Industry and Trade of the Republic of Kazakhstan dated December 26, 2006 No. 477, preparation of an act on the recognition of a residential building (premises ) or public building emergency is made by interdepartmental commissions.

Commissions for the prevention and liquidation of emergency situations are created at the republican and territorial levels. At the territorial level, the interdepartmental commission is created by the decision of the local executive body (akimat) (paragraph 6 of Article 7 of the Law “On Civil Protection”).

WHAT DOCUMENTS NEED TO BE SUBMITTED TO RECOGNIZE THE DWELLING AS EMERGENCY?

The interdepartmental commission carries out its work on the basis of an application from
the owner of the building, indicating the reasons why he considers it necessary to convene
the commission (clause 3.3.40. Building Regulations (SN RK) 1.04-04-2002 “Inspection and assessment of the technical condition of buildings and structures”).

For consideration by the interdepartmental commission of the issue of the accident
rate of a residential building or residential premises, a public building, the owner of the building, at
the request of the commission, must submit:

• technical opinion on the state of structures, feasibility and
• the cost of repair work, redevelopment, reorganization, prepared
• specialized design organization;
• technical certificate;
• relevant plans and sections of the premises prepared by a specialized design organization;
• acts of general inspection of the building (premises).

WHERE DO I NEED TO APPLY FOR HOUSING?

Citizens left without a home as a result of an emergency, after the occurrence of an emergency, apply to the local akimat in whose territory the emergency occurred.

To provide housing for citizens, local executive bodies on whose territory an emergency situation occurred, on the basis of applications within 2 months, lists of citizens left without housing and in need of it are formed. The generated lists of citizens left without housing and in need of it are published on the website of the local executive body and regional mass media at least 2 times a month from the date of the application of a citizen of the Republic of Kazakhstan.

(paragraphs 4-6 of the Rules for the provision of housing to citizens left without housing as a result of an emergency).

WHAT DOCUMENTS DO YOU NEED TO PROVIDE?

In accordance with paragraph 4 of the Rules for the provision of housing to citizens left without a home as a result of an emergency, citizens left without a home as a result of an emergency, after an emergency, apply to the local akimat on whose territory the emergency occurred, providing the following documents:

• copies of the identity document of a citizen of the Republic of Kazakhstan. In case of loss or destruction of such a document, due to an emergency or during its liquidation – copies of a temporary identity card issued by the internal affairs bodies;
• technical passport of the property (dwelling);
• an identification document for a land plot (an act for the right of private ownership of a land plot);
• certificates of the absence (presence) of real estate issued by the territorial bodies of justice.

In case of loss or destruction of documents due to an emergency or during the period of its liquidation specified in subparagraphs 2) and 3) of this paragraph, citizens provide duplicates or archival copies of these documents received in the prescribed manner.

IN WHAT CASE WILL HOUSING BE PROVIDED FROM THE STATE HOUSING STOCK?

According to paragraph 7 of the Rules for the provision of housing to citizens left without housing as a result of an emergency, housing from the state housing stock is provided free of charge only to those citizens whose housing as a result of an emergency in the territory of the Republic of Kazakhstan has become unsuitable for habitation.

WHO MAKES THE DECISION TO PROVIDE HOUSING?

To provide housing for citizens, local executive bodies (akimats) on whose territory an emergency situation occurred, on the basis of applications within 2 months, form lists of citizens left without housing and in need of it.

The generated lists of citizens left without a home and in need of it are published on the website of the local akimat and regional media at least twice a month from the date of the application of a citizen of the Republic of Kazakhstan.

After 2 calendar days after the completion of the formation of the lists, the local akimat on the territory of which an emergency situation of a natural and / or man-made nature occurred, creates a commission to provide housing for citizens left without housing as a result of an emergency.

The constructed dwelling is provided to citizens left without a dwelling as a result of an emergency, on the basis of a decision of the commission.

The list of citizens who have received housing is subject to publication on the website of the local akimat and in the regional media within 10 calendar days from the date of the decision of the commission on providing citizens with housing.

DOES EMERGENCY HOUSING REMAIN THE PROPERTY OF ITS OWNER OR DOES IT PASS TO THE STATE?

The legislation does not contain rules according to which emergency housing and the land plot on which it is located must become the property of the state. Therefore, the property remains the property of its owner.

WHAT TO DO IF THE DECISION OF THE COMMISSION DOES NOT SUIT THE VICTIM OF THE FLOOD?

If the decision is made in violation of the above requirements, for example, if there are grounds for providing housing is denied, then the victim of the flood has the right to appeal such a refusal to the court within 3 months from the date of receipt.