Regulations on service housing for military personnel. Service housing for a soldier. List of required documents

Military personnel serving far from their place of residence and members of their families, according to the law, must be provided with service housing from a specialized housing stock the military department, the owner of which is in such premises, is provided precisely for the period of military service or other labor relations established by law. Service housing for family members of military personnel is considered temporary, and after retirement, the military must vacate him, having received a permanent apartment from the state.

What can be departmental housing

Until recently, the procedure for issuing service housing to servicemen provided only for rooms in dormitories or service apartments of a specified area, as well as housing included in the maneuverable fund. Since 2010, as housing can be provided private house... How a serviceman can get a service apartment and in what form it will be implemented depends on the conditions at a particular place of service.

The law on the provision of service housing to servicemen enshrines the right that a person who arrives at a place of service must receive an apartment for temporary use within the established timeframe for providing housing to servicemen - within the first three months. The instruction on service housing for servicemen establishes that within these terms, housing is selected for family members of servicemen according to the area standards.

It must be located in the same settlement where it is located military unit, and if this is not possible, then at the nearest point.

The law on service housing for military personnel says that service apartments are provided to the military for the entire period of service; there are no time limits. Such premises are provided under a lease agreement concluded between the owner, which is the military department, and the serviceman himself. There is a practice, when servicemen are provided with service housing, they are excluded from the list of homeless, i.e. they can no longer apply for housing on social rent.

Dismissal of a serviceman with a service apartment implies the release of the living space. Check-in, as well as the eviction of a serviceman from service housing, should be carried out only on the basis of a contractual relationship, with the obligatory signature. Essentially, eviction from service apartment a soldier should mean, or transfer to another place of service, or the implementation of another form of housing.

The contract can be drawn up only in writing, and it is terminated upon dismissal of a military man from service, destruction of housing, by agreement of both parties.

Features of departmental housing

To do this, it is necessary to write a report of the established form, to which the following list of documents is attached to receive service housing for the military:

1. Copies of pages of documents proving the identity of the soldier himself and his family members.
2. Certificate stating that the citizen has a military contract.
3. A copy of the document on the conclusion or dissolution of marriage.
4. Help, which reflects the composition of the family.
5. BTI certificate at the place of service.
6. Information about the absence or presence of residential premises that are occupied by the military's family under a social employment contract or belong to him on the basis of property rights in the settlement where the officer is performing contractual obligations.
7. A certificate stating that the premises occupied at the former place of service (including the room in the hostel) was vacated.

Regarding the possibility of joining the NIS, the military are turning to - this question is often encountered on the network. Meanwhile, participation in the NIS should not have an impact on the provision of military service living space.

Where to send documents

Documents for service housing for military personnel are submitted to the territorial departments of the Ministry of Defense institutions involved in the distribution of housing.

After a suitable apartment has been found, an agreement is drawn up for service housing for military personnel.

This document specifies the conditions for using the apartment, as well as the rights and obligations of the parties, including those related to the termination of the contract.

The contract for a service apartment for military personnel is urgent, that is, it will be recognized as valid only for a certain time. The validity of the housing contract is limited by the term of the contract or the period of service of officers called up to serve by decree of the President.

If the composition of the military's family has increased, then he has the right to receive a larger living space. An application for improvement is submitted to the housing department housing conditions, to which a new certificate of family composition and a child's birth certificate are attached.

In the event that the military's family has broken up and the spouse does not want to voluntarily withdraw from the registration register, then the ex-wife of the serviceman can be discharged from the service apartment through a lawsuit.

What if there is no departmental area?

According to the law, a soldier cannot be dismissed at the end of his service life without providing the living space in the property in any of the possible ways.

As a result, a situation has developed when some of the officers cannot resign from the service, waiting for their turn to receive an apartment. At this time, they and their family members occupy an office living space for lack of their own. As a result, young officers are left without service apartments and are forced to rent living quarters. Logically, a soldier should occupy service housing exclusively for the duration of his service in this place.

Servicemen who have arrived at the duty station and do not have housing in the given locality are provided with a service apartment from the specialized housing stock for 3 months, and in the absence of such, they are paid monthly compensation in the amount of the rent. In relation to this dwelling, they have only the right to use. In order to obtain departmental housing, you should contact the territorial department of the Ministry of Defense of the Russian Federation, which deals with the distribution of housing with a report and a package of documents:

• copies of all pages of the passport / birth certificate of the serviceman and his family members;
• a certificate of the existence of a military contract;
• certificate of family composition;
• a document confirming the absence of ownership, or under a social rental agreement in municipality where the service takes place;
• information that previously occupied service housing (if any) has been vacated;
• a copy of the marriage certificate / divorce;
• certificate from the BTI at the place of service.

Important! A soldier who purchased housing for military mortgage in another city is entitled to service housing.

Upon the expiration of the contract, or when transferred to another part, they are obliged to leave the occupied premises. There is an exception here: If at the time of dismissal due to length of service, health or organizational and regular activities, the military man continues to be on the waiting list for housing, or for the issue of a subsidy for the acquisition, then he can continue to live in a service apartment.

Military housing certificate

Since 2006, the "Housing Certificate" has become a new form of housing provision, which is issued to servicemen who need to improve their living conditions upon dismissal from service for seniority, for health reasons, or in connection with the disbandment of the unit, as well as the closest members of the military family (widow, children , parents), who died in the line of duty. Up to this point, ready-made apartments were issued to citizens in need. The main benefits of the subsidy are more fast receipt housing, as well as the ability to choose the desired apartment in any locality.

Documents for service housing for military personnel

In order to become a participant in this state program, it is necessary to obtain, in the prescribed manner, the status of needy by contacting the municipality, and then submit an application and a set of documents to the military department:

1. a certificate confirming the length of service;
2. statement from the financial and personal account;
3. document on registration as needy;
4. a copy of the documents proving the identity of the serviceman and his family members;
5. a document confirming the right to additional space;
6. a certificate of the composition of the family;
7. a document on the absence of housing in the property, or the presence of an area less than established by the standards.

After checking the documents, the applicant is notified of registration or refusal.
The cost of the subsidy is calculated as follows: the standard of living space (1 person - 33 square meters, 2 people - 42 meters, 3 or more people - 18 meters each) X for the cost of 1 km. in the region. It also takes into account the right to additional meters, military experience (correction factor), the presence of housing in the property.

One of the forms of obtaining housing is the military mortgage - accumulative system. Any serviceman can use it, regardless of whether he is in need of better housing conditions or not, from the moment he enters the service under the contract. During the first 3 years from the date of joining the program, the state transfers a fixed amount annually to a special account of the NIS participant (in 2016 - 245,880 rubles). After the expiration of the three-year period, the military man has the right to submit a report on his intention to use the funds for the purchase of housing. After receiving the certificate, he selects a residential property.

Important! It can be not only a living space in apartment building but also, for example, a townhouse.

The next step is to apply to the bank for a mortgage loan. For 2015 maximum amount amounted to 2.2 million rubles. If desired, a soldier can purchase a more expensive and spacious apartment by adding personal funds.

After the approval of the loan, an agreement is concluded between the military, the bank and the Federal State Institution "Rosvoenipoteka". Then the signing takes place loan agreement, and the sale and purchase transaction is concluded. And only then, the borrower receives a certificate of ownership of the apartment with encumbrances.

Throughout the entire service life (or up to full repayment credit), the military department monthly transfers to the bank funds in the amount of 1/12 of the annual fixed amount assigned to the NIS participant.

The minimum term of the mortgage is 3 years, the maximum is up to 45 years (inclusive) of the borrower.

Re-acquisition of housing for military personnel

In practice, it is not uncommon for the military to take a mandatory part in privatization due to age, but later this living space was implemented, and in fact they do not own anything. In accordance with the Housing Code of the Russian Federation, the deliberate deterioration of housing conditions in order to obtain free housing from the state is the basis for refusal to register as needy within the first 5 years from the date of the transaction (purchase and sale / donation), which led to a deterioration in conditions ...

That is, after 5 years, a soldier has the right to re-provide housing from the state.

Thus, at present, Russia has a successful mechanism for issuing housing certificates the military, as well as the military mortgage lending, in which more and more military personnel take part every year.

ATTENTION! In connection with latest changes in the legislation, the information in the article could be out of date! Our lawyer will advise you free of charge - write in the form below.

One of the highest priority state issues- This is the provision of housing for military personnel. While they carry out their work, they often have to move from one place to another, usually with their families. For this reason, the military can count on the provision of office space or on the payment of a rented apartment by the state.

When the term of service under the concluded contract ends, they have the right to receive an additional area of ​​living space or separate real estate in their ownership. According to the current legislation, dismissal to the reserve without allocating an apartment or house is not allowed, while instead of providing real estate, an equivalent amount of money can be paid. Participation in the military mortgage lending program is also available, which allows you to become the owner of real estate on favorable terms and out of line.

The article below will discuss in detail general order military housing, the norms of the allocated area, the necessary conditions for obtaining and other features of this procedure.

Regulation of the issue at the legislative level

The provision of living space for this category of citizens is regulated by:

1. By the Decree of the President of the Russian Federation (hereinafter referred to as the Decree), guaranteeing transfer to the reserve only with the provision of housing.
2. The Housing Code of the Russian Federation (hereinafter referred to as the RF LC), which establishes the criteria by which a serviceman is recognized as needing living space;
3. Federal Law "On the Status of Military Personnel" dated May 27, 1998 No. 76-FZ (hereinafter No. 76-FZ), which regulates the procedure for obtaining real estate.
4. Order of the Ministry of Defense No. 510 (hereinafter the Order), which determines the conditions for the provision of this benefit;
5. By the Decree of the Government of the Russian Federation (hereinafter referred to as the Decree), guaranteeing the allocation of housing to the military, whose service life is 10 years or more.

In accordance with Article 15 No. 76-FZ, an apartment or a house can be claimed by:

• officers who graduated from military educational institutions;
• contract soldiers staying in closed military camps;
• officials who entered into a contract after early 1998

It is important that in addition to receiving an apartment or the amount for its purchase, the state provides for the possibility of participation in. It allows you to get housing without waiting in line and a minimum of 10 years of service. An initial fee and further credit payments provided by the state, which makes available and profitable way getting your own real estate.

To be put in the queue, it is necessary to recognize a soldier in dire need of housing. To do this, he needs to provide the appropriate evidence.

The rules for recognizing servicemen as needing living quarters are determined by the Decree. The basis for such a conclusion is the registration rate of living space, established Russian legislation for the place of his military service or permanent registration address. For this reason, the first step that must be taken by a contractor is to apply to be queued for housing allocation.

Housing standards for military personnel

Housing provided by the state for military personnel must comply with the accounting standards adopted by law - this is required condition implementation of the program to provide the military with living space.

The housing standards for military personnel are 18 m² for each resident. If real estate is provided after the death of a soldier, the area is determined taking into account all family members along with the deceased officer. Taking into account the peculiarities of some apartment buildings the allocated real estate may be larger, while an increase in the provision rate is possible by no more than 9 m² for a lone officer, and no more than 18 m² for members.

What threatens the deliberate deterioration of living conditions

Despite the fact that deliberate deterioration of the living conditions of servicemen is quite common, the legislation does not have clear criteria by which it can be determined, therefore, any transactions made by a serviceman or a member of his family to alienate from existing property are recognized as deliberate deterioration. For example, if an officer or his wife were co-owners of a house, they sold it, donated it, thereby getting rid of the property.

The commission of such actions for 5 years deprives a soldier of the right to apply for housing. The countdown starts from the moment of the real estate transaction. After the specified period has expired, he can re-enter the queue.

General instructions for housing

In accordance with the Instruction on the provision of housing to military personnel, the algorithm of actions is as follows:

1. To get an apartment, you need to write an application to the Department of Housing of the Ministry of Defense of the Russian Federation. The document is drawn up according to the established model.
2. After accepting the appeal, the applicant will be entered in the Unified State Register as in need of housing. It contains all available on this moment apartments for military personnel. Anyone can access the database, which allows not only keeping track of how far the applicant has advanced in the queue, but also checking the correctness of the entered data.
3. The application is considered within 30 days from the date of registration, after which the applicant is notified of his placement in the queue and is given a list of documents that must be submitted.

The procedure for the provision of housing is carried out in order of priority, taking into account the existing benefits of the applicant.

Registration of servicemen in need of housing

To get on the waiting list for an apartment, in addition to an application, you need to submit a package of documents to the Department. Registration of those in need of living space is carried out on the basis of:

• personal passport;
• military ID;
• passports and birth certificates of all family members of the applicant;
• marriage certificates;
• extracts from the USRN, confirming the absence of their own housing;
• bank statement for the last 5 years;
• documentary evidence of benefits that are not related to the status of a military man (if any).

It should be borne in mind that the presence of a service apartment is not an obstacle to queuing up for permanent housing.

How to get housing for a military pensioner

Housing for military pensioners is provided if they were fired due to:

• achievements maximum term service;
• health conditions;
• conducting regular activities.

In all these cases, the service life must be at least 10 years.

The Department is also involved in the distribution of apartments for military pensioners, therefore, to be placed in the queue, you need to write a petition to this particular body. You must also attach a package of documents to it. In addition to the above list, pensioners must additionally submit a pension certificate. Further, the procedure is carried out in a standard manner: the applicant queues, after a certain amount of time he is provided with living space or a sum of money for its purchase.

Re-housing

The legislation provides for the possibility of re-providing housing for the military. This is allowed if the applicant is again recognized in need of housing improvement. This is possible as a result of changes in the composition of the family: an increase in the number of members or the emergence of dependents. For example, if a lone officer gets an apartment, he is removed from the queue. Subsequently, if he marries and / or has children, the area issued by the state will not meet the accounting standards. Thus, he will again be recognized as in need of living space, and can re-enter the queue for legal grounds, while the real estate he has will be taken into account when allocating housing, and the area of ​​the re-provided apartment will be reduced by the number square meters previously issued real estate.

Meanwhile, each serviceman, whose service life is not less than 10 years, can expect to receive an apartment / house or a sum of money from the state for its purchase. However, the queuing procedure has many nuances that need to be considered.

If you have experience in obtaining housing in one of the ways listed in the article, share it in the comments.

Question: Hello. Service housing was allocated to me and my family of 3 people. I received a notification that indicated the area of ​​39 squares, this is a one-room apartment. Tell me if these numbers and the apartment correspond to the standards that I am supposed to have?

Answer: The issue of service housing and its, as you said, "squares" is regulated by the Federal Law "On the Status of Servicemen", and, of course, the departmental NLA - Order of the Ministry of Defense of the Russian Federation of September 30, 2010 N 1280 "On the provision of residential premises to servicemen of the RF Armed Forces under an agreement social recruitment and office housing "

In the special RLA of the Ministry of Defense (Order 1280 of 2010) this question clearly regulated - office living quarters are provided to you, as a soldier and your family members, not lower than the norms for the provision of living space when providing living quarters under a social tenancy agreement established by article 15.1 Federal law"On the status of military personnel".

Let's see it, article 15.1 of the Federal Law indicates a specific rate of 18 sq. meters when providing living space (meaning total area living space for 1 person). If we make a calculation, then according to this rate, you and your family are entitled to a total area of ​​54 sq. meters (18 sq. m * 3 people)

Further, it should be noted that PMO 1280 contains an important clause about the impossibility of providing service housing at the above-mentioned rate of 18 sq. M. per person. In this case, the Ministry of Defense allows the serviceman to be provided with smaller areas, but only with the consent of the soldier himself.

From all of the above, it turns out that the 39 sq. meters of service housing clearly do not fit into the norms. And you can legally refuse this apartment.

And one more subtlety that you need to know about. In the event that a serviceman who was given a message on the provision of housing premises does not respond to it within 10 days (the time is counted from the date when the body dealing with the distribution of housing receives confirmation that you have been informed about the provision of official housing), these premises will be offered and distributed other servicemen, according to the list of those in need of office accommodation.

The status of a soldier provides for frequent travels on duty, and the housing issue has been relevant at all times.

For the purpose of support, developed Government program, aimed at resolving the issue and providing housing for military personnel on preferential and favorable terms at the expense of funds federal budget.

All issues related to obtaining residential premises for temporary residence or ownership, using their right to a subsidy, are regulated by Law No. 76-FZ of 05/27/1998, which stipulates the rights and obligations of military personnel and the conditions for acquiring housing.

1) Service housing. For the entire period of service in the army, servicemen and members of their families are provided with service housing, which is paid at the expense of budget funds... Citizens who enrolled in, receive living quarters after 3 months in military camps or hostels in nearby settlements where the military unit is located.

2) Military mortgage. In addition, servicemen have the right to participate in the accumulation and mortgage system developed in 2004 (No. 117-FZ), which makes it possible to purchase their own housing. Volunteers wishing to join the program submit a report to the unit commander and the data is sent for registration in the register of participants in the savings program, where an individual number is assigned and a savings account is opened.

The funds are transferred to the participant's personal account from the federal budget and are indexed annually taking into account the inflation rate. After 3 years, the soldier can use the accumulated funds and make the first installment to buy his own home.

For this, a housing loan agreement is drawn up with federal body, and mortgage in the bank, and a contract for the sale and purchase of real estate is concluded or.

3) Social hiring. Servicemen upon dismissal from service and registered as needing housing can conclude and receive premises from the state or municipal fund for permanent use with the right in the future. The right to receive such housing is reserved for servicemen who have served for more than 10 years and who have been dismissed due to achievement or health reasons.

4) Subsidy. The law provides for a one-time payment Money for the purchase or construction of a residential property. Only one of the spouses can use the right to a subsidy if they are both military and it is more profitable to receive funds for someone who has more seniority or is entitled to an additional 15 square meters. m.

The following categories of military personnel are eligible for subsidies:

• Servicemen who have served more than 20 years and live in service living space
• Those who have served in the army for more than 10 years and who were dismissed for health reasons or the onset of the age limit
• Citizens who entered contract service before 01/01/98 and are subject to dismissal after 01/01/2005.
• Family members of a soldier who died after being fired or died, recognized as needing housing. In this case, the area of ​​the necessary housing is calculated taking into account the deceased and all family members.
• At the time of dismissal from service, military personnel who are registered and need living quarters.

The amount of the subsidy is calculated taking into account the length of service, the number of people in the family and the eligibility for additional living space.

What is the amount of subsidies and funds for the funded system provided by the state to the military, and will these payments be enough to purchase their own housing? The amount is calculated based on the living space standards, which are required by the military:

• 33 sq. m. - for a lonely soldier
• 42 sq. m. - for a family of 2 people
• If the family includes 3 or more people, the area is calculated by 18 sq. m. for each.

At the same time, the established standard is reduced by the size of the living space that is owned or under a social loan agreement, as well as if it is alienated on its own initiative (donated, sold). The rate increases by 15 sq. m for selected categories military personnel with the rank of commander, colonel and above, conducting scientific or teaching activities and having the right to additional housing space.

Based on these norms and in accordance with Resolution No. 76 dated 02/03/2014, subsidies are calculated taking into account the standards for the cost of 1 sq. m. (installed market price, depending on the federal region) and the correction factor (depending on the length of service). The coefficient varies from 1.85 to 2.375 with a service life of 10 to 21 years, and then annually increases by 0.075 to a maximum value of 2.75.

To receive a one-time payment you need to contact the body of the Ministry of Defense for housing military with a statement on the transfer of subsidies and bank agreement about opening an account with the necessary details. The application is signed by family members and the applicant himself.

No later than 10 working days, a decision is issued on the grant of a subsidy after checking the information about the applicant upon a request to the Rosreestr service about the owned living space.

A copy of the decision is issued to the applicant, and the original is sent to financial authority Ministry of Defense.

The Federal Treasury transfers funds to the serviceman's bank account, which is removed from the register of those in need of housing.

In case of participation in the state funded program, military personnel receive an established annual amount, divided monthly in equal parts and interest on investment and trust management by these funds, as well as the amount of annual indexation.

In 2014, the total amount payable was 233,100 rubles. per year, and in 2015 - 245 880 rubles. For 2017, it is planned to pay the amount at the level of 2015, which will also amount to 245.88 thousand rubles. per participant per year or 20,490 rubles per month.

Pros and cons of participating in a military mortgage

Participants of the accumulative program (military mortgage) have the opportunity to purchase housing for military personnel in any region of the Russian Federation, regardless of the place of service, and choose the living space they like in accordance with the size and characteristics to taste - in a new house, on secondary market or in a facility under construction.

Members have advantages:

• In the event that the accumulated funds are not enough or the apartment turns out to be of a larger area than established by the norms, you can compensate for the missing amount with your own funds and purchase housing
• A mortgage can be obtained on a general basis, make a first installment and make payments at the expense of own finances, without waiting for 3 years to pass, and after the period expires, receive a housing loan and repay the mortgage loan already at the expense of the accumulated funds.
• A distinctive feature of the program is that the amount of savings does not depend on the size of the participants' income, their titles or ranks.
• Provided preferential terms banks at a lower interest rate on a mortgage loan, since the state acts as a guarantor
• Even if you already have your own home, the soldier has the legal right to participate in mortgage program several times and buy more property
• In the event of the death of a soldier or if he is missing, payments are not suspended, but go to repay a loan for his family members
• If both spouses are military service, they can participate in the program and purchase 2 living spaces

The disadvantages of participating in a military mortgage are:

• Program participants must be between the ages of 25 and 45
• limitation of the amount paid, which is not enough to buy living space in a large city
• lack of accredited facilities (accredited by Rosvoenipoteka) in some regions of the country, which complicates the implementation of housing projects, especially those related to facilities under construction
• program participants have to pay for real estate services for personal funds, evaluate and insure real estate when making a purchase and sale transaction
• the dependence on the length of service in the army is not very attractive. If a soldier leaves before 10 years of service, he pays the remaining debt to the bank and compensates the funds received under the funded program. If the service life is more than 10 years and the dismissal occurs for a good reason, the mortgage loan is paid at the expense of own funds, and the bank at the same time has the right to raise the interest rate
• the acquired real estate is in double pledge - with the state and with the creditor bank until the full repayment of the loan amount

Despite some limitations and pitfalls when using housing programs, they are promising, are constantly being improved and supplemented by legislation and give a real opportunity to get high-quality housing for military personnel and their families.

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