Options for acquiring housing for military personnel

In accordance with the current legislation, there are several options for the acquisition of military living space by families. We will not talk about the allocation of service housing for military personnel, since everything is relatively clear here - within 3 months from the moment the family moves to a settlement in which the military does not have his own living space, he should be provided with a room to live with his family. The family has no rights to the received apartment, except for the main one - the right to reside. After the end of the contract or when transferring to another place of service, the serviceman vacates the occupied premises.

The first and most common option to purchase an apartment as a property is participation in a savings account. mortgage system established in 2004. The essence of the program lies in the fact that from the moment of entering the service under the contract, the serviceman begins to participate in such a system. At the same time, savings funds are allocated from federal budget. After 3 years of service, the contractor has the right to use the accumulated capital to purchase housing. In this case, the serviceman applies to any bank that provides mortgage lending and agrees on the provision of a targeted housing loan.

It should be said that the size of the purchased apartment depends on the composition of the family. But the norms of living space will be discussed below. In the meantime, it should be noted that in the case when a soldier wants to buy a more spacious apartment, he has the right to do so, but only with the involvement of his own finances.

The features of the program should also include the fact that you can get a mortgage even before you start using the funds accumulated under the NIS program (up to the expiration of 3 years from the moment you enter the service under the contract). But in this case, the mortgage will be issued for general conditions, and after receiving a certificate of eligibility for a housing loan, you can use the accumulated funds to repay it.

A special variant of the development of events is provided for persons who have served in the armed forces for 20 years or more. In this case, their loan is repaid by the state, regardless of the remaining amount. Mortgage cancellation also occurs in cases where a serviceman served for at least 10 years and was dismissed due to reaching the maximum age allowed for military service; for health; in connection with organizational and staffing changes in its part; as well as in the presence of family circumstances provided for by the legislation of the Russian Federation. In addition, the repayment of a mortgage loan is also carried out in the event of the death of a serviceman. It should be noted that the creditor does not have the right to demand payments from the family members of the deceased military man, the state represented by special bodies will be responsible for the obligations, but the family members will acquire the ownership right.

Savings system and mortgage for military personnel

As mentioned above, every soldier has the right to participate in the funded system. We emphasize: it is a right, not an obligation. This means that for the subsequent receipt of funds and their accumulation, the employee must apply with the appropriate report. After 3 years of service, it is necessary to submit another report in which to declare the desire to receive a Certificate of the right of a participant in the savings and mortgage system to provide a targeted housing loan.

It should be noted that the report should be addressed to the headquarters of your unit. After that, the soldier needs to wait a bit until he is given such a Certificate. At this time, you can search for an apartment that you want to buy, as well as a credit institution that deals with mortgage lending and is ready to provide you with a loan on suitable terms. Take your time, look for the most favorable conditions for you. Keep in mind that the terms and conditions offered by different organizations can vary significantly.

Don't know your rights?

After the Certificate is received, and the apartment is selected, it is necessary to sign a housing loan agreement with the bank and the Ministry of Defense of the Russian Federation. Then you need to conclude a contract of sale of the selected property or conclude a mortgage agreement. Next, register the contract with Rosreestr and receive an extract from the USRN on the ownership of the dwelling. Everything, from this moment on, the soldier is the happy owner of his own property.

An important difference between the special mortgage program for military personnel is that the amount of the loan issued and its conditions in no way depend on the level of income of the military or members of his family, since the payment of the loan received is not made from personal funds, but from the funds of the accumulation system.

Features of the acquisition of housing by military personnel

Acquisition of residential premises under the program of the savings and mortgage system has a number of features:

• In accordance with the current legal norms, the registration of the contract for the sale of an apartment within the framework of the NIS takes place within a period not exceeding 5 working days (7 if the application is submitted through a multifunctional center).
• The loan term depends only on the age of the potential borrower. All banks set the age limit for lending, that is, the age of the borrower, until which he is obliged to fully repay the debt to credit institution. In most banks, this age is 60 years, but generally varies from 55 to 70.
• The initial payment can be made both at the expense of the borrower's personal funds and at the expense of the accumulated amount. By the way, some banks are considering for themselves the possibility of providing a housing loan without paying down payment. But be careful: firstly, it can negatively affect interest rate and secondly, the loan term is increased.
• You can buy not only ready-made premises, but also an area in a house under construction by concluding an agreement shared construction. But the purchase of housing under construction for military personnel is fraught with some difficulties, since prerequisite is the cooperation of the bank with the organization-builder.
• Limited period of validity of the Certificate of eligibility for a housing loan. Until 2011, the issued Certificate was valid for only 3 months. Since 2011, this period has been six months. During this time, you will need to find housing, conclude a contract of sale and register the property in the prescribed manner.

Housing standards for military personnel

When getting acquainted with the current system of accumulation of funds, a natural question arises: how much money will be transferred? The state allocates funds, which should be sufficient to purchase a dwelling of the established size. Discover prescribed size living space is very simple - for a single soldier, the area of ​​\u200b\u200bthe apartment should be 33 square meters, for a family of 2 people - 42, and if there are 3 family members or more, the norm will be taken at the rate of 18 meters for each.

As noted earlier, this calculation does not limit the soldier. You may well buy an apartment of a larger area, but already with the payment own funds for the missing amount.

The State annually transfers to the serviceman's savings account an amount of money established by the Government, which consists of the main part (that is, the fixed amount established for the current year) and part of the interest that is due to the military in connection with the investment of his accumulated funds. In this case, the amount due for payment will be paid in equal installments throughout the year on a monthly basis. General annual amount in 2019 is 280,009.70 rubles. Consequently, more than 23,000 rubles are transferred to the account of a serviceman per month. and interest on investment.

By the way, the legislator does not restrict military personnel in the possibility of using the funded system. Not only citizens in need of housing can become participants in the program, but also the military, who already own housing or need improvement living conditions.

Cons of a military mortgage

The main disadvantage of such a system is the dependence of the serviceman on the length of service (at least 10 years). In order for the state to write off the debt (on mortgage payments), it is necessary to serve in the armed forces for 20 years; or at least 10, but with certain grounds (we mentioned them above). On the other hand, the will of the legislator is clear: if you want to receive preferential mortgage- pay back to the Motherland.

Do not forget that the amount transferred per year is not always enough to make monthly payments, although it covers a certain part of them. In this case, everything depends on the place of residence of the soldier. Of course, in small towns where the purchase of housing is more or less affordable, the allocated funds will be enough. But in major cities without investing personal funds is indispensable.

Last but not least, the term of the housing loan. Under the current mortgage system, the average loan term is 20 years. Sounds scary. On the other hand, there are pluses in the system - you no longer need to wait until houses for military personnel are built (the wait sometimes drags on for many years), but you can immediately move into your apartment and settle down in it.

The receipt of housing by military personnel is carried out in accordance with Federal Law No. 76. This right, in particular, is established in Art. 15 of the said Law. Let us consider further how the provision of housing for military personnel is carried out.

General information

Providing housing for military personnel has its own specifics. In particular, apartments are provided to some categories of persons after the first five years of their duties, to others - after 20 years or upon dismissal from the ranks of the troops for good reasons. Some military personnel can only use mortgage loan or state housing certificate.

Empowering Citizens

In order to assist military personnel in resolving issues related to housing, the state is converting obligations from in-kind to monetary form i.e. provides compensation. This, in turn, allows citizens to independently choose the quality and size of the acquired property, as well as the place where it will be located. The opportunity to purchase housing as a property after 3 years of participation in the accumulative mortgage system, even before the end of service, along with the above opportunities, is one of the forms of realizing the right to housing.

Subjects of law

In accordance with Art. 2 of the Law regulating the status of a serviceman, in addition to himself, his relatives can also receive housing. In particular, the subjects of law include:

• Children over 18 years of age who became disabled before reaching adulthood.
• Husband/wife.
• Underage children.
• Persons who are dependent on the employee.
• Children under 23 years of age studying in educational institutions on a full-time basis.
• Other relatives provided for in the Federal Law or other regulations.

Clarification of the rules

In accordance with Art. 69 of the Housing Code of the Russian Federation, upon receipt of housing under a social contract. employment, family members are considered to be parents, children, spouses living together and being citizens of the Russian Federation. Other relatives, as well as disabled dependents, belong to this category only if they are moved into an apartment by their tenant and maintained by them. general economy. V judicial order may be recognized as family members and other persons in exceptional cases. The provisions referred to in Art. 69 of the LCD should be used in determining the rights of the employee's family to receive one or another housing unit. This is indicated in paragraph 22 of the Decree of the Plenum of the Supreme Court of February 14, 2000.

Deadlines set in the Law

The procedure and grounds in accordance with which housing is provided for a serviceman, together with the provisions of the Law on their status, is regulated by the JK. According to the current legislation, any citizen of the category under consideration must be transferred to the premises within three months from the date of his arrival at the place of fulfillment of his duty. In this case, we are talking about housing.

employment contract

The Law provides for a special procedure for persons who entered into a contract before 01/01/1998 and their relatives who are with him. Such citizens may be placed in dormitories or residential premises for the first 5 years of service. With such persons, a contract of employment is concluded. The document defines the procedure in accordance with which this housing is provided for a serviceman, his release, as well as maintenance. The contract is drawn up according to the standard form, which is approved by Government Decree No. 487. After dismissal, in some cases, a citizen can acquire the right to own housing. For a serviceman whose contract has expired, another room may be provided. However, if he was not granted it, and he did not use the right to re-register the apartment (if it is allowed by law) for himself, then he is obliged to vacate the area he occupies within three months.

Protected categories

It is not allowed to evict from residential office premises without providing housing instead of citizens who need special care of the state. Such categories are established in the Federal Law and the legislation of the subjects. These include:

1. Relatives of military personnel who died (died) or went missing in the course of their official duties (duty).
2. pensioners by age.
3. Citizens who became disabled of groups 1, 2 as a result of injury, mutilation, concussion, which were received in the course of duty or as a result of a disease that is associated with the service.

Privileges

Housing for a soldier must be provided on a first-come, first-served basis. At the same time, the norms and benefits that are provided for in the Housing Code of the Russian Federation are taken into account. The subsidy for military personnel for housing is established by the Federal Law and the regulations of the subject on whose territory the military unit is located. At the same time, citizens who have the right to priority provision of premises are allocated living space earlier than those persons who were registered in the same year, but do not have benefits.

Additional circumstances

Housing for military personnel is also provided taking into account civil law transactions and actions, the commission of which led to a decrease in the size of the occupied areas or to their alienation. These circumstances are taken into account for the period established in the legislation of the constituent entity of the Russian Federation, preceding the provision of an apartment to a citizen under a social contract. employment, but not less than 5 years.

Required documents

Housing for military personnel is provided upon request. The application must be accompanied by documents confirming that the citizen is in need of an apartment allocated under a social contract. hiring. These include, in particular:

• Statements track record, a certificate of family composition, papers confirming the service and containing information about its total duration.
• Copies of the certificate of dissolution / marriage, if any.
• Certificates from the places of residence of a serviceman and his relatives since 1991: information from house books; messages (certificates) from the BTI until 31 Jan. 1998.
• Copies of financial statements from the places of residence of the employee and his relatives for a five-year period prior to the date of application.
• Information about the TIN of a citizen and family members.
• Data on the rights of citizens, which contains the Unified Register of Housing for Military Personnel and Their Relatives on the Territory of the Russian Federation since 01/31/1998.
• Copies of papers on the provision of additional social guarantees in terms of the allocation of housing in accordance with the law.

If copies of financial documents and documents from places of previous residence cannot be obtained, citizens present certificates of the impossibility of providing them. It is allowed to transfer other documents that confirm the rights of needy persons.

Unified register of housing for military personnel

For the first time the electronic information base became available since September 30, 2010. Access to the register of housing for military personnel is available to all citizens-contractors who have received an appropriate individual unique number. The database can be used online regardless of the time zone and region. The register of housing for servicemen can be visited by going to the official website of the Ministry of Defense. Previously, the database contained information only about the citizens themselves, performing their duty under the contract. Today, the volume of information has increased significantly.

What can the base be used for?

Through the registry, you can:

• Check if the personal data is filled in correctly.
• Get information about changes in legislation, regulations adopted by the Government.
• Find out where the housing will be built. It can be specified up to the settlement and a specific address.
• See the construction map for the next period and find out possible options settlements.
• Get information about the date of registration.
• Check your place in line.
• Get a list of documents that are necessary for registration of ownership of the apartment.

Compensation

It is due if housing has not been provided to military personnel. 2014 was marked by the introduction of a new procedure for providing assistance to those in need of buying apartments. By decision of the Government, persons belonging to this category began to receive monetary compensation instead of providing premises. The amount established by the state is sufficient to purchase housing both in a new building and on secondary market. At the same time, citizens can choose the area where it will be located, and even another city. The opportunity to buy premises on the secondary market allows you to purchase an area larger than in a new building. At the same time, the quality of housing can be quite decent.

The procedure for recognizing citizens in need of housing

The assignment to this category is carried out in accordance with Art. 51 LCD RF. Those in need of residential premises are recognized military personnel living in official housing, having a duration of duty in general for more than 20 years. This category includes citizens who were dismissed when they reached the age limit, for health reasons or on the basis of organizational and staff measures with a total duration of stay in the army of 10 years or more.

Many servicemen of our country live in service apartments.

But at the same time, many citizens from the military category do not know the procedure for their provision.

And even if they got it, they don't know how to register in it? What documents need to be collected? Where should you go anyway? Who can be registered and how to get out of it, if necessary?

Let's consider all these questions in more detail.

Legislative regulation

To date, the issue of providing departmental (service) housing is regulated by such legislative norms:

1. Decree of the President of the Russian Federation, which guarantees the provision of service housing to servicemen in the absence of their own;
2. Order of the Ministry of Defense of the Russian Federation No. 510, which is an addition to the Decree of the President of the Russian Federation and guarantees the receipt of service housing for needy military personnel;
3. Federal Law No. 76, including the Housing Code of the Russian Federation, which clearly regulate the issue of living space standards for military personnel.

These are the main laws that must be relied upon in the event of any misunderstandings between military personnel and military units.

Who is entitled to official housing and the norms for its issuance

Get work accommodation have every right military personnel of such categories as:

It is worth noting the fact that the entire list of servicemen is final, and only they have the right to receive official housing.

It must be taken into account that the very process of providing office space implies strict observance of the norms for living space per soldier and each member of his family.

Despite the fact that the current legislation provides for a clear norm, depending on the rank of the soldier himself, the prescribed “square” is slightly different.

For one soldier, including members of his family today, it is considered to be norm 18 square meters . V without fail pay attention to the clauses of the contract social recruitment. Why? This is due to the fact that in this agreement these norms must be indicated without fail, and if they are violated, you can safely file a complaint against the military unit.

At the same time, in real life, the family of a serviceman, upon receiving departmental housing, can count on 9 square meters of living space for each of them. In turn, 18 sq. meters are calculated by military personnel whose family consists of 4 or more people, including minor children.

It must be understood that when issuing living space with a quadrature of 9 square meters. meters per person is provided only with the consent of the soldier. But, given that there are often situations when a decision is made on a voluntary-compulsory basis, then it is better to be content with what we have.

The procedure for providing service housing

Many military personnel of our country do not know where to apply and how to write an application correctly.

Let's consider these questions separately.

Where should you apply?

In order to be able to receive official housing from the service fund of the military executive department at the place of military service for military personnel, it is necessary to contact directly Department housing Ministry of Defense of the Russian Federation.

How to write an application

When applying, in addition to the basic documents, the serviceman must provide the appropriate statement.

If we talk about the statement itself, then in it must be contained information such as:

• initials of the applicant;
• passport data;
• the name of the institution where it is submitted;
• the address where the serviceman is serving under the contract;
• date of issue and signature.

List of required documents

If there should be no problems with the application itself, then there is still no reason to rejoice, since it is necessary to know about the main list of documents that accompany the application itself.

According to the current legislation, together with the application it is necessary to provide such list of documents:

• an extract on the lack of own housing from the soldier himself, as well as from each member of his family with whom he claims to receive service housing. This extract is provided from unified register bases in the passport office. Moreover, this extract must contain information that over the past 5 years the serviceman has not sold or bought any real estate, otherwise they may refuse to provide service housing;
• a copy of the marriage registration certificate. If the soldier is divorced, a copy of the relevant certificate must be provided;
• a copy of the passport of the soldier himself, as well as his family members. If you have children, you must provide copies of their birth certificates;
• a copy of documents on military service in the region where the serviceman wants to receive service housing;
• original ;
• documents that confirm the fact of the lack of housing, which was received under a social contract;
• and, in fact, the statement itself.

In addition to this main list of documents, they may be asked for a certificate indicating the region of residence of minor children who stayed with their mother after a divorce, or to present other documents.

Registration procedure

Registration process

Registration process serviceman in service housing is as follows:

Consent or refusal to register:

• if the report was accepted and at the same time a positive decision was made on this issue, a written response must be received together with necessary documents transfer to the passport office in the region where the military unit is located;
• if, in the opinion of the serviceman, the refusal to grant the right to registration followed illegally, he has every reason to apply to Judicial authority or to the military prosecutor's office.

It is worth noting that it is not necessary to give permission or refuse to register if the registered soldier decided to additionally register a minor child or children in the service apartment.

Documentation

To register as a soldier, you must present such documentation:

• a document that indicates the consent of the owners of the apartment to the registration of a military man in it. Such a document is issued by the Department of the Ministry of Defense in a particular region of residence;
• originals and copies of passports of all family members who apply for registration. If there are children, originals with copies of birth certificates are also required;
• application for registration of residence permit;
• report.

It is worth noting that the registration procedure is free and there is no charge for it.

The application itself is drawn up according to form No. 6, only in addition to the address of the military unit, it is necessary to indicate the address of the housing itself, where it is located.

All documents must be submitted personally to the military personnel and no powers of attorney are valid in this case.

How is a report written?

The report is submitted to the commander of the military unit, who gives his consent to registration in service housing.

This document is required should be contained such information:

• the initials of the soldier;
• what title;
• what is the composition of the family;
• request for a residence permit.

As you can see, the procedure for registration in a service apartment is quite simple and any serviceman of our country can handle it.

Is it possible to privatize corporate housing

According to the Federal Law “On privatization housing stock Russian Federation” military personnel who live in an apartment provided by the state or municipal authority under an employment agreement, have the full right to privatize it.

Military personnel, including members of their families, have the full right to gratuitous registration in their ownership of the apartments or houses they occupy. However, there is a small exception: apartments or other residential premises cannot be privatized if they are located in gated towns. If to speak in simple words, then this is directly related to military camps, where civilian access is limited.

In order to be able to privatize, it is necessary, first of all, to change the status of this housing and formalize the transfer to municipal ownership.

After this procedure, the apartment or other residential premises will no longer have the status of service housing and there is every reason for its further privatization.

But it must be borne in mind that this will take a lot of time and nerves, but, as practice shows, it's worth it.

Eviction order

The law clearly provides that eviction from service housing is possible only if a serviceman leaves or is transferred to another region.

In the event that a serviceman leaves or is transferred to a new place of service, service housing is subject to mandatory surrender and, accordingly, all prescribed in it are written out.

In addition, one more nuance must be remembered: the agreement can be terminated by voluntary agreement of the parties, or if the serviceman has acquired his personal property.

According to the Housing Code of the Russian Federation, a serviceman is obliged, upon the occurrence of any of the above conditions, to move out of the apartment within 3 months.

If the serviceman refuses to be evicted to voluntary, this can be done forcibly by a decision of the court.

Without fail, a special commission checks its condition before accepting an apartment. If it turns out that after the surrender it is unsatisfactory, the serviceman will have to compensate for the losses.

How to cancel this type of housing

When it comes to how to get rid of office apartment, which is offered to a soldier, then here it is necessary to refer to the instructions, which are clearly spelled out in the Order of the Ministry of Defense No. 1280.

It clearly states that after the soldier was offered living space, within the next 5 days he has every right to refuse it.

During this period, he notifies the relevant authority that provides this accommodation of his disagreement.

In the event that no notifications have been received from the serviceman, the relevant body has the right to provide this housing to other needy servicemen who are included in the list and follow in turn the military who refused housing.

See the following video for information on providing service housing:

ConsultantPlus: note.

On the provision of housing to family members of military personnel who died (deceased) during military service, and to family members of citizens who died (deceased) after being discharged from military service, see clause 3.1 of Art. 24 of this law.

Article 15. Right to housing

1. The state guarantees military personnel the provision of their living quarters in the form of providing them with Money for the acquisition or construction of residential premises or the provision of residential premises to them in the manner and on the terms established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, at the expense of the federal budget.

Servicemen - citizens undergoing military service under a contract, and members of their families cohabiting with them are provided with official living quarters no later than three months from the date of arrival at a new place of military service in accordance with the norms and in the manner provided for by federal laws and other regulatory legal acts of the Russian Federation. Federation. Service living quarters are provided in the settlements where military units are located, and if it is not possible to provide official living quarters in these settlements, in other nearby settlements. At the same time, servicemen - citizens who have three or more children, are provided with official living quarters on an extraordinary basis.

(see text in previous edition)

Military personnel - citizens who entered into a contract for military service before January 1, 1998 (with the exception of cadets of military professional educational organizations and military educational organizations higher education), and members of their families cohabiting with them, recognized as in need of housing, by the federal executive body or the federal state body in which military service is provided for by federal law, are provided with a subsidy for the acquisition or construction of residential premises (hereinafter referred to as the housing subsidy) or residential premises owned by the federal government, at the choice of the said citizens, into the property free of charge or under a social contract with the said federal executive body or the federal state body at the place of military service, and upon dismissal from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staffing measures with a total duration of military service of 10 years or more - at the chosen place of residence in accordance with the norms for providing living space provided for in Article 15.1

(see text in previous edition)

For the entire period of military service, official living quarters are provided with:

military personnel assigned to military positions after receiving vocational education in a military professional educational organization or a military educational organization of higher education and, in connection with this, receiving an officer military rank (starting from 1998), and members of their families living together with them;

(see text in previous edition)

officers who entered into the first military service contract after January 1, 1998, and members of their families living with them;

(see text in previous edition)

ensigns and warrant officers, sergeants and foremen, soldiers and sailors who are citizens who entered the military service under a contract after January 1, 1998, and members of their families living with them.

(see text in previous edition)

Service living quarters are provided for the entire period of military service in closed military camps to military personnel - citizens undergoing military service under a contract, and members of their families living together with them.

(see text in previous edition)

Closed military camps include military camps located in populated areas military units having a system of passes, as well as separate isolated military camps of military units located outside settlements. Lists of closed military camps are approved by the Government of the Russian Federation on the proposal of the Ministry of Defense of the Russian Federation (another federal executive body in which military service is provided for by federal law).

Military servicemen - citizens undergoing military service under a contract, and members of their families living together with them are provided with official living quarters in accordance with the standards established by federal laws and other regulatory legal acts of the Russian Federation.

(see text in previous edition)

For the first five years of military service under a contract, military personnel provided with official living quarters (not counting the time of training in military professional educational organizations or military educational organizations of higher education) retain the right to living quarters occupied by them before entering military service. They cannot be deregistered as needing housing at their place of residence prior to conscription (entry) into military service.

(see text in previous edition)

Military personnel - citizens provided for the entire period of military service with official living quarters and recognized as in need of residential premises, upon reaching the total duration of military service of 20 years or more, and upon dismissal from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staffing measures with a total duration of military service of 10 years or more, the federal executive body or federal state body in which military service is provided for by federal law provides housing subsidies or residential premises that are federally owned, at the choice of these citizens to the property free of charge or under a social tenancy agreement with the specified federal executive body or federal state body at the chosen permanent place of residence and in accordance with the norms for the provision of living space provided for article 15.1 of this federal law.

(see text in previous edition)

Citizen military personnel, including those provided as family members of other military personnel or other citizens with living quarters or with funds for the purchase or construction of residential premises before the said military civilians enter military service under a contract or after the conclusion of a military service contract, are recognized as needy in residential premises on the grounds provided for in Article 51 of the Housing Code of the Russian Federation, in the manner approved by the Government of the Russian Federation, and are provided with residential premises or funds for the purchase or construction of residential premises in accordance with this Federal Law.

(see text in previous edition)

When military servicemen-citizens are recognized as in need of housing and providing them and members of their families living together with them with housing or funds for the purchase or construction of housing, the provisions of Article 53 and Part 8 of Article 57 of the Housing Code of the Russian Federation are taken into account.

Servicemen provided with official living quarters conclude with the Ministry of Defense of the Russian Federation (another federal executive body or a federal state body in which military service is provided for by federal law) a contract for renting official living quarters. The specified contract determines the procedure for providing office accommodation, its maintenance and release. The conditions and procedure for concluding such an agreement are determined by the authorized federal executive body.

(see text in previous edition)

Military servicemen doing military service under a contract are given, at their request, the right to join housing construction (housing) cooperatives or to receive land plots for the construction of individual houses.

Military personnel - citizens undergoing military service under a contract, during the period of their military service, have the right to improve their living conditions, taking into account the norms, priority and social guarantees established by federal laws and other regulatory legal acts of the Russian Federation.

(see text in previous edition)

Military personnel - Foreign citizens are accommodated for the entire period of military service in dormitories in military units (military camps).

The procedure for providing housing subsidies and living quarters to the citizens specified in paragraphs three and twelve of this clause is established by the federal executive body or the federal state body in which military service is provided for by federal law.

(see text in previous edition)

(see text in previous edition)

2.1. Provision of living quarters for citizens discharged from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staff measures, the total duration of military service of which is 10 years or more, regardless of the date of dismissal from military service and which until On January 1, 2005, they were registered by local authorities as those in need of residential premises, including those who changed their place of residence and, in connection with this, were registered by local authorities as those in need of residential premises at a new place of residence after January 1, 2005 , and members of their families living together with them is carried out at the expense of the federal budget at the choice of a citizen dismissed from military service, in the form of providing:

(see text in previous edition)

Residential premises in the property free of charge;

Residential premises under a social tenancy agreement;

lump sum cash payment for the purchase or construction of a dwelling.

the first paragraph of this paragraph, residential premises in the property free of charge or under a social tenancy agreement, the amount total area residential premises is determined in accordance with paragraphs 1 - 3 of Article 15.1 of this Federal Law.

When providing, in accordance with this Federal Law, to the citizens specified in paragraph one of this clause, a one-time cash payment for the purchase or construction of a dwelling, the amount of this cash payment is determined based on the standard for the total area of ​​the dwelling, determined in accordance with clause 4 of Article 15.1 of this Federal Law , and the average market value of one square meter of the total area of ​​the dwelling, determined by the authorized federal executive body for each subject of the Russian Federation.

3. Servicemen - citizens undergoing military service under a contract, and members of their families who arrived at a new place of military service of servicemen - citizens, before receiving housing in accordance with the standards established by federal laws and other regulatory legal acts of the Russian Federation, are registered at the place of residence, including at their request to the addresses of military units. The specified servicemen - citizens and members of their families, before receiving housing, are provided with official housing suitable for temporary residence, housing of a mobile fund or a hostel.

(see text in previous edition)

In the absence of these residential premises, military units rent residential premises to provide military personnel - citizens and members of their families living with them or, at the request of military personnel - citizens, monthly pay them monetary compensation for hiring (sub-renting) residential premises in the manner and amount

(see text in previous edition)

Local self-government bodies assist military units in leasing residential premises suitable for temporary residence of military personnel - citizens and members of their families.

(see text in previous edition)

Military personnel - foreign citizens are registered at the addresses of military units.

4. Military personnel - citizens who are doing military service under a contract, owning individual residential buildings(apartments) or who are members of housing construction (housing) cooperatives, as well as military personnel - citizens for whom, in accordance with federal laws and other regulatory legal acts of the Russian Federation, residential premises are kept at the place of residence until they enter military service or residential premises are reserved, when transferring to a new place of military service in another locality, service living quarters or dormitories are provided together with their family members living with them for the period of military service in the given locality. In the absence of these living quarters, the commander of the military unit acts in accordance with paragraph 3 of this article.

(see text in previous edition)

5. In the event of the release of residential premises occupied by military personnel and members of their families living together with them, with the exception of residential premises owned by them, these premises are provided to other military personnel and members of their families.

6. Military personnel - citizens, as well as citizens discharged from military service, and members of their families have the right to receive free of charge ownership of the residential premises occupied by them in accordance with federal laws and other regulatory legal acts, with the exception of official residential premises and residential premises in closed military camps.

(see text in previous edition)

7. Has expired. - Federal Law of August 22, 2004 N 122-FZ.

(see text in previous edition)

(see text in previous edition)

9. Servicemen who are doing military service under a contract, sent to perform military service outside the territory of the Russian Federation, to the regions of the Far North, areas equated to them and other areas with adverse climatic or environmental conditions, the living quarters they occupy in houses of state or municipal housing Funds are booked, with the exception of office accommodation, for the entire time of their stay outside the territory of the Russian Federation or in the indicated areas and localities.

(see text in previous edition)

11. Conscripted military personnel are placed in accordance with the requirements of general military regulations.

For conscription servicemen, cadets of military professional educational organizations or military educational organizations of higher education, the living quarters occupied by them before being called up (entering) for military service are retained. They cannot be deregistered as needing housing.

(see text in previous edition)

12. Military personnel - citizens undergoing military service under a contract, and citizens dismissed from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staff activities, the total duration of military service of which is 10 years or more , as well as military personnel - citizens who are doing military service outside the territory of the Russian Federation, in the regions of the Far North, areas equated to them and other areas with adverse climatic or environmental conditions, local governments have the right, as a matter of priority, to grant the right to join housing construction (housing) cooperatives either allocate land for the construction of individual houses.

(see text in previous edition)

13. Citizens discharged from military service, the total duration of military service of which is 20 years or more, and upon dismissal from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staffing measures with a total duration military service 10 years or more, not secured at the time of dismissal from military service housing subsidy or living quarters, cannot be, without their consent, deregistered as needing living quarters at the last place of military service before dismissal and are provided with a housing subsidy or living quarters in the manner prescribed by this Federal Law for military personnel.

(see text in previous edition)

14. Provision of housing for civilian military personnel with a total duration of military service of 10 years or more, upon dismissal from military service upon reaching the age limit for military service, health status or in connection with organizational and staffing activities and members of their families upon change place of residence is carried out by federal executive authorities and federal state bodies in which military service is provided, at the expense of federal budget funds for the construction and acquisition of residential premises, including through the issuance of state housing certificates. The right to provide housing under these conditions is granted to these citizens once. Documents on the delivery of residential premises to the Ministry of Defense of the Russian Federation (other federal body executive or federal government agency in which the federal law provides for military service) and deregistration at the former place of residence are presented by the indicated citizens and members of their families cohabiting with them upon receipt of housing at the chosen place of residence.

(see text in previous edition)

Citizens discharged from military service and registered as in need of residential premises, and members of their families living together with them, are paid monthly monetary compensation for hiring (sub-renting) residential premises at the expense of the federal budget in the manner and in the amount determined by the Government of the Russian Federation. Federation.

(see text in previous edition)

The procedure for providing living quarters for servicemen - citizens living in closed military camps, upon their dismissal from military service, is determined by federal laws and other regulatory legal acts of the Russian Federation.

See this article

After a serviceman is included in the List, he acquires the right to be provided with official living quarters (or the right to pay monetary compensation (link) for renting or subleasing living quarters from third parties).

Servicemen who signed the first contract after January 1, 1998, are provided with official living quarters for the entire period of military service.

Service housing is provided no later than three months from the date of arrival at a new duty station, including when first entering military service under a contract.

Standards for the provision of office space.

Service living quarters are provided in accordance with the norms and in the manner provided for by federal laws and other regulatory legal acts of the Russian Federation, taking into account the right to additional living space.

Norms of provision, taking into account the design features of the house

In accordance with Article 15.1 of the Federal Law "On the Status of Military Personnel", the norm for the provision of living space provided in accordance with this Federal Law to the property free of charge or under a social contract is 18 square meters of the total living space per person.

At the same time, taking into account the design and technical parameters apartment building or residential building residential premises, residential premises may be provided in excess of no more than 9 square meters. meters in total, and for a soldier living alone - no more than 18 square meters

The right of a serviceman to an additional area of ​​office accommodation.

In accordance with Part 2 of Article 15.1 of the Federal Law "On the Status of Military Personnel", a serviceman with the military rank of colonel, equal to or higher, who is serving in the military or dismissed from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staffing activities, the commander of a military unit, a serviceman with an honorary title of the Russian Federation, a serviceman - a teacher of a military professional educational organization or a military educational organization of higher education, a military department at a state educational organization of higher education, a serviceman - a researcher with an academic degree and (or) an academic rank, when they are provided with living quarters, including office living quarters, have the right to an additional total area of ​​​​living quarters in the range from 15 to 25 square meters.

This norm, which is complex in design, is interpreted judicial practice in the following way:

When providing housing to military personnel - citizens of the Russian Federation, recognized as needing housing, undergoing military service under a contract, including not in military service positions in connection with enrollment at the disposal of the commander(Chief) until the provision of housing (regardless of the date of the conclusion of the first contract for military service, appointment to military positions and receipt of the first officer rank), and having the military rank of colonel, equal to or higher than him, as well as commanders of military units, military personnel with an honorary title of the Russian Federation, military personnel - teachers of a military professional educational organization of higher education, a military department at a state educational organization of higher education, military personnel - scientific workers with an academic degree and (or) academic title, the right to an additional total residential area is taken into account premises ranging from 15 to 25 sq.m.

When providing housing to citizens of the Russian Federation, retired from military service and registered in need of residential premises in the Ministry of Defense of the Russian Federation, take into account the right to an additional total area of ​​\u200b\u200bresidential premises in the range from 15 to 25 sq.m only in relation to citizens with the military rank of colonel, equal to and higher, and dismissed from military service upon reaching the age limit for military service, health status or in connection with organizational and staff activities.

Related laws

Order of the Minister of Defense of the Russian Federation of September 30, 2010 N 1280 "On the provision of housing to servicemen of the Armed Forces of the Russian Federation under a social contract of employment and service housing" Read

In addition, family members of a serviceman who have chronic diseases on the basis of:

• 🔵 paragraph 2 of Art. 58 of the Housing Code of the Russian Federation;
• 🔵 Decree of the Government of the Russian Federation of June 16, 2006 No. 378 “On approval of the list severe forms chronic diseases in which it is impossible for citizens to live together in the same apartment”;
• 🔵 Decree of the Government of the Russian Federation of December 21, 2004 No. 817 "On approval of the list of diseases that give disabled people who suffer from them the right to additional living space."

What to do if they offer housing below the established norms?

If it is impossible to provide military personnel and members of their families with official living quarters in accordance with the specified standards, with their consent smaller office accommodation suitable for temporary residence, mobile accommodation or dormitories may be provided.

However, a very unpleasant situation can turn out here, especially if you are waiting for replenishment in the family.

accounting The norm in the city is 10 square meters of the total area of ​​the dwelling. A serviceman's family of 3 was provided with a service dwelling slightly below the provision norm - 50 square meters. There is joy in the family - the second child, the fourth member of the family, was born. But this joy will be overshadowed by the fact that you will not receive the right to improve housing conditions, since each family member will have 50/4 = 12.5 square meters. meters, that is, more than the accounting norm.

A soldier with a family composition of 3 people is provided office accommodation with a total area of ​​38 square meters. The birth of a second child allows you to be recognized again as needing better living conditions, since each family member will have 38: 4 = 9.5 square meters of the total area, that is, less than the accounting norm established in your region.

Thus, it is necessary to calculate everything, and make a decision - to receive service housing or to consider the option of refusing the offered apartment. (Of course, all circumstances must be taken into account - it is not known when a larger apartment will be offered?

Contrary to popular but erroneous opinion, there are no penalties for refusing to receive an apartment - you will not be moved to the end of the queue. However, in this case, you will lose the right to receive monetary compensation (link) for renting or subletting a dwelling.

The procedure for providing office accommodation

Upon receipt of information about the official living quarters, which can be distributed, the RUZhO makes a decision on the provision of official living quarters to the serviceman. During 3 days RUJO is sent to a soldier Message about the proposed housing

Attention: deadlines!
Violation of the deadlines can lead to adverse consequences

In agreement with the provided office accommodation, a serviceman in five-day agreement with the provision of office accommodation (tear-off spine No. 1 to the Decision).

If a serviceman disagrees with the accommodation provided, he five-day the period from the date of receipt of the message about the proposed residential premises sends to the RUZHO refusal from the provision of office accommodation (tear-off spine No. 2 to the Decision).

If the soldier did not react in any way to the received Message during ten days from the date of receipt in structural subdivision authorized body for notification of the delivery of the message, service living quarters are provided to other military personnel.