The main guarantee
Under article 47 of the Constitution, no one can be deprived of their home except by a court decision and in accordance with the law. An owner who is deprived of the home receives preliminary and equivalent compensation for the cost of the housing and for the losses.
Forms of compensation
Under article 27 of the Housing Code, at the owner's choice and by agreement of the parties:
- the owner receives other equivalent housing with all conveniences, of an area not below the social norm, and the market value of the plantings is paid;
- or the market value of the house (flat), the other buildings, the plantings, and the right to the land plot is paid in full.
If the market value of the demolished house is higher than the value of the housing that is given, the difference is paid to the owner. Other losses that the owner carries are also compensated.
Valuation
A valuation organisation determines the market value. Get your own valuation from an independent valuer. If the sum offered is below the market value, support your position with documents.
If you do not agree
Under article 206 of the Civil Code, if the owner does not agree, the decision cannot be executed until a court resolves the dispute. Demolition is not allowed until the losses are compensated in advance and in full at market value.