Help 2-NDFL / 04.03.2020

After how many years they give an apartment to military personnel. Provision of office space. What is the system for acquiring an apartment for military personnel

Military personnel in Russia have a number of rights and benefits that allow them to either receive living space free of charge, or get a loan for favorable conditions. At the same time, there are nuances that can both facilitate and complicate the situation.

On the this moment, there are several ways to get an apartment for a soldier:

Housing subsidy or mortgage;

Obtaining departmental housing.

First option is suitable for those who are looking for a permanent place to live. The second option is to rent an apartment from the housing stock of the Ministry of Defense. To provide departmental housing is the duty of the state. Another question is what will be this place of residence. An employee can count on both an apartment for military personnel in St. Petersburg and a room in a hostel.

Housing subsidy and the queue for the apartment of military personnel

The subsidy is a one-time payment. It is issued for the purchase of housing in a finished or under construction house. In 2014, the military was introduced new form subsidies. Its size now depends not only on the length of service, but also on the composition of the family. Based on their own preferences, the military can buy an apartment, both in the provinces and in the capital. It is not tied to location. Having received a subsidy, a person decides for himself where he should buy housing in St. Petersburg or Minusinsk.

Apartments for the military on a subsidy: who can count

The categories of the military who are entitled to a subsidy are listed in the order of the Ministry of Defense No. 510. You can find out if an apartment is for a soldier in the law "On the status of military personnel". Benefits can be counted on:

1. Military with more than 10 years of service;

2. Employees without housing or having an apartment that does not meet the norm in terms of area.

1) The military, whose contract was concluded before 1998 and who need housing;

2) Those who have served for more than 10 years, and subsequently dismissed due to health conditions, retirement age or reduction;

3) Military with more than 20 years of service, using service housing.

HOW TO GET AN APARTMENT FOR A MILITARY SERVICE SERVANT WITH A SUBSIDY

The first step is to take a place in the regional housing improvement queue. The procedure for obtaining an apartment and the queue for an apartment for servicemen is regulated by Article 51 of the Housing Code. The whole process looks like this:

1. The military man submits documents to the Ministry of Defense.

2. The Ministry of Defense sends a request to Rosreestr to confirm the data that the serviceman is entitled to a subsidy. The process takes up to 10 days.

If the response to the request is satisfactory, the Ministry will consider granting the grant. It may also take up to 10 days. The reason for refusing a subsidy can only be the deregistration of a serviceman as a person who no longer needs a decision. housing issue.

How to calculate the amount of subsidies for the military

The amount of subsidies is regulated by the decision of the Government No. 76 and No. 942. It is affected by:

● Required area;

● Standards for the average Russian price per square meter;

● Length of service.

The composition of the family affects the expected area of the apartment:

● 33 m 2 - if the military man lives alone;

● 42 m 2 - family without children;

● 18 m 2 for each resident - if a family with children.

Also, colonels, captains of the 1st rank, military commanders, military men with a scientific degree and teachers of higher educational institutions can count on an additional 15 square meters.

Important: if the military already has an apartment, the area of \u200b\u200bwhich is less than the required one, then the subsidy will cover only the missing square meters. Those. if the area of the existing apartment is 33 m 2, and the military man with his wife and child is entitled to 44 m 2, then the subsidy will cover only 11 m 2.

What information is needed to apply for a grant?

Documentation is submitted to the department of the Ministry of Defense responsible for allocating subsidies. The required documentation package includes:

Open current account agreement

Statement

Passport + copy of the military and family members

Child's birth certificate

Documents proving work experience

Marriage certificate + copies

Documents for the right to own real estate (if any)

Statements from the book of home ownership

Savings system and mortgage for military personnel under contract

Since 2004, in Russia, servicemen under a contract can get an apartment through the accumulative system. To do this, the soldier submits a report to military unit. After 3 years, he submits another report for the right to dispose of the accumulated capital.

When a member of the accumulative mortgage system, that is, a serviceman, receives certificates of the right to participate in a mortgage, he will have to independently find a credit mortgage organization. You should carefully consider the selection of candidates, because the conditions for lending are different for everyone. After that, an agreement is signed with the bank and the Ministry of Defense, and the military man receives housing under the contract.

The advantages of mortgages are that the state is the guarantor of payments. That is, the loan amount is not affected by the income of the borrower. There are also disadvantages. In particular, the military is "tied" to the place of work, and a mortgage loan does not allow a contract serviceman to retire prematurely.

The procedure for obtaining service housing

When performing service far from the place of residence, a soldier, as well as members of his family, is assigned an apartment or other service housing suitable for living. Service apartments for military personnel are provided by the state and guaranteed by law. Accommodation provided from housing stock Ministry of Defense.

A service apartment for servicemen under a contract is allocated for the duration of their service. After dismissal, the military is obliged to vacate the premises. In return, the state will provide the retiree with a permanent place of registration.

Types of departmental housing

In the past, “departmental housing” meant exclusively dormitory rooms or service apartments for contracted military personnel. In 2010, a decision was made to provide also private houses. The type of housing depends on the place and conditions of service.

Important: The law guarantees the receipt of departmental space within three months of being in the service. Housing must be in locality where to serve the recipient. If there is no opportunity to give housing next to the unit, the military is supposed to get service apartment, room or house in the nearest settlement.

Is it possible to privatize corporate housing

Service housing has its own procedure for providing. Residential premises belong to the fund of the Ministry of Defense and the right to alienate remains with the department. The exceptions are those cases when apartments for military personnel from the special fund are transferred to city ownership. In this case, the process of privatization of a service apartment or house by a serviceman goes through the court.

Service housing cannot be sold, donated or inherited. The military is forbidden to change service apartments, even if we are talking about apartments located on the same landing.

One person is entitled to 18 square meters of housing. If a soldier has a spouse, then you should count on 36 square meters. But often the ministry is not able to allocate the indicated area from the fund. Then the military is provided with a room in a hostel under guarantees to provide housing if possible.

Important: If a soldier dies in the line of duty, the family does not have the right to be evicted from a departmental apartment without providing an alternative. The rights to preferential conditions for obtaining housing also remain.

How to get an apartment for a soldier through a commission

Recognition of a person in need of housing space is determined by the relevant decision of the Russian government. To get a decision, the military man submits a report to the command of the unit, providing documents on the need for housing.

On the basis of this type of documents, a queue of military personnel for apartments is formed. The military registration and enlistment office sends lists of waiting lists to local governments. Based on the submitted report, the serviceman is put in line. Depending on the composition of the family, the commission determines which apartment (housing) is assigned to the serviceman under the contract.

According to the current legislation, military personnel under the contract have the right to join the savings and mortgage system (NIS). This does not require any investment from them - the state will transfer its funds to a nominal savings account every month. Approval of the amount of transferred amounts takes place annually. This money can be put into circulation as a result of signing a loan agreement in a bank, for which the state will mainly be responsible, or after 20 years military service. In the first case, a contracted serviceman waits three years and then signs loan agreement in the bank, in the second - after twenty years, he takes away what has accumulated in his account. Reimbursement of mortgage debt is carried out in the process of transferring money from a personal account to an account registered with the bank with which the agreement was concluded.

Video: How to get an apartment as a member of the savings mortgage system

Personal savings account

If a serviceman wants to immediately purchase housing, without waiting for dismissal, he needs to make sure that a nominal savings account is opened for him. To do this, you can, for example, send a request to regional management housing. If the result is negative, then you will need to write consent to participate in the program.

Automatically, a nominal savings account is opened in relation to warrant officers and midshipmen, after more than three years from the date of conclusion of a military service contract, if they first concluded it after 01/01/2005. If sailors, soldiers, sergeants and foremen want to receive housing, then their contract must be signed after the specified date and be the second. Also, in order to open an account, military personnel must inform about their desire and submit a report to the commander military unit. On average, 10 working days after that, a notification of joining the program will be sent to the applicant.

Video: The story of a specialist of FGKU "Rosvoinipotek" about nominal savings accounts

The cost and location of housing for military personnel under the contract

Housing for military personnel under a contract can be purchased in all subjects Russian Federation. The only limit is set on its cost, but in Moscow it is higher. Also, the older the soldier, the less the loan amount will be for him. Currently largest loan equal to 2.4 million rubles. The serviceman himself decides when he must pay for housing, but he must be no more than 45 years old by that time. The lowest rate is 8.5% per annum.

A contracted serviceman has the right to add to mortgage loan their own funds to qualify for more expensive housing. For example, you can sell an apartment that the borrower already owns and use the proceeds. Also, housing for military personnel under a contract does not apply

Among military personnel, as well as among other categories of citizens, there is a problem with housing. Especially for its solution, the state has developed a program to provide the military with square meters on preferential terms and free of charge.

Dear readers! The article talks about typical solutions legal issues but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

In the future, the received service housing for military personnel can be privatized, thus registering as property.

Who is eligible?

Persons who have entered contract military service have the right to receive a service apartment under the state program. At the same time, a request for the provision of housing is allowed to be submitted almost immediately from the moment you start working.

Together with the serviceman, his family also applies for a service apartment, while taking into account the standard of square meters per person.

However, for this, the marriage of a serviceman must be officially registered. For a single soldier, the living space standard can be doubled.

At the same time, the further acquisition of real estate by military personnel has its own specifics. So, some categories of the military can receive personal square meters after 5 years of service, others - only after 20 or upon dismissal. For individual military personnel, the only available options for providing real estate are a housing certificate or a military mortgage.

Single register

Military personnel have access to Single register‒ informational electronic base operating since 2010. All contractors who have received an identification number can use the service. The register is available on the portal of the Ministry of Defense.

What information can be obtained from the Unified Register:

data on changes in military legislation;
a map of housing construction for military personnel for the coming period;
possible settlement options;
date of registration;
place in ;
list of documents for registration of dwelling in the property.

The service also allows you to verify personal data and obtain other information.

Law

At the same time, a serviceman has the right to apply for a targeted housing loan in almost any financial institution that provides similar service. The choice of housing in this case is made taking into account the standards of living space per person. If a citizen wishes to purchase more spacious real estate, he has the right to do so by attracting personal finance.

At the same time, contractors can use mortgage lending and without waiting for the expiration of the three-year period from the commencement of service. But in this case, the mortgage will be granted on general conditions. Subsequently, you can spend the funds of the capital of the accumulative mortgage system to repay the loan.

Upon dismissal

The state fully repays the military mortgage of a citizen during military service for 20 years or more.

Also full repayment a housing loan is made if the military has served at least 10 years and was fired for one of the following reasons:

reaching the maximum age for military service;
organizational and staffing changes in the unit;
health status;
the presence of family circumstances provided for by applicable law.

Also, the repayment of the mortgage by the state is carried out in the event of the death of a serviceman. Financial and credit offices in this case do not have the right to demand the missing amount from the family members of the deceased.

By contract

Not all military personnel can request the provision of service square meters, but only those who serve under the contract and their families:

The military, who took up a post after completing their studies in the corresponding institution and received an officer's rank at the same time.
Military officers in the rank of officers who entered the service on the basis of a presidential decree.
Soldiers, warrant officers, sailors, midshipmen, sergeants, foremen who are citizens of the Russian Federation.
Contracted military personnel who are citizens of the Russian Federation.

The following categories of persons do not apply for housing:

Foreigners;
conscripts;
officers already provided with square meters.

Persons serving on conscription are placed in the barracks.

Compensation

Citizens who have not received housing for military personnel can count on monetary compensation. This arrangement has been in place since 2014. Instead of receiving square meters, an employee can take a sum of money from the command to purchase an apartment in a new building or in secondary housing.

In this case, the military is free to choose the location of the property, right up to the city. They are entitled to spend cash to the housing that seems to them the most worthy.

Subsidy

When providing housing to the military, all the benefits provided for by housing legislation are taken into account.

Citizens in the service may also receive subsidies under the federal laws, as well as regulations, if any, at the location of the military unit.

Provision procedure

In order to qualify for office housing, a citizen must apply to his command with a statement, as well as a list of necessary documentation.

What kind of housing will be provided to the military - an apartment or a room in a hostel, is affected by the size of his family.

Registration

The right to receive their own housing arises for military personnel:

for those who signed a contract before 1998 - upon completion of five years of service;
upon completion of 20 years of service or with a length of service of 10 years and the availability of preferential grounds.

Registration of persons who have completed military service for 10 or more years is carried out no more than three years before dismissal upon reaching the maximum allowable age. If there are other preferential grounds, registration is carried out in the year of dismissal.

Documentation

In 2020, housing is provided to military personnel on the basis of an application, which is accompanied by documents confirming the need for housing.

Their list most often includes:

A copy of the document on the conclusion / dissolution of marriage.
Extract track record, documentation to confirm the passage of service.
Information about the composition of the family.
Information about the TIN of the applicant and his relatives.
Documentation from early places residence of a citizen.
Photocopies of personal accounts.
Information about the rights of a serviceman and his relatives.
Photocopies of documentation on the provision of any social guarantees.

If the applicant cannot present any papers, he should provide part of the certificate of the impossibility of presenting them. Also, upon request, other papers can be collected confirming the status of a person in need of housing.

Conclusion of an agreement

The contract for the rental of service housing, concluded with a serviceman, indicates the following main provisions:

the procedure for providing housing;
content features;
the procedure for vacating the apartment.

How to get a military pensioner?

As already mentioned, military pensioners with a long record retain their own right to receive housing.

They apply for a subsidy calculated on the basis of the current living space standards:

18 sq. m per person in a family of three;
42 sq. m, if there are only 2 people in the family;
33 sq. m for single pensioners.

Consequences of deliberate deterioration of living conditions

The legislation does not contain a clear description of acts that could be classified as deteriorating living conditions.

Nevertheless, these are all actions taken with the aim of contacting the command in the future to improve housing conditions, for example, to obtain new, more spacious housing.

In this case, there are sanctions applied to violators. They consist in a ban on registration as an entity applying for a subsidy for the purchase of housing. This is stated in the housing legislation.

Can it be privatized?

The law does not prohibit the privatization of service housing. Nevertheless, it is worth considering that this procedure is prohibited for apartments located in closed-type military camps.

How in general view The procedure for privatization of service housing looks like:

The applicant applies to the Ministry of Defense for the transfer of service housing to the municipal fund. This is required to be able to re-register the status of real estate in private ownership.
If the command agrees, it is worth concluding a social lease agreement with the municipal authorities.
In the future, a standard privatization procedure should be initiated with further registration of the transfer of ownership.

If the Ministry of Defense refused to transfer housing to the municipal fund, the serviceman has the right to appeal this decision in a court. Claim must be supported by relevant evidence. You can apply to the court within 3 months from the date of receipt of the refusal.

Advantages and disadvantages

Russian legislation classifies military personnel as a special category of citizens who are guaranteed housing conditions, and the current procedure does not allow dismissal without providing housing. At the same time, it is assumed that not only the apartment or house itself will be provided, but also payments of equivalent funds are possible.

During the quarter, the arrived officers and their families should be provided with accommodation for the entire period of service in this garrison. If for some reason this is not possible, then with the subsequent compensation of the costs incurred. The amount of this payment is also regulated by regulatory legal acts.

Housing can also be provided within the framework of social recruitment with the possibility of its subsequent privatization. But if the housing stock is located in a closed military camp, then it will be extremely difficult to do this, since the facilities are listed as the property of the Ministry of Defense.

Right to housing

Despite such complete protection of the right of a soldier to housing, cases of dismissal without housing are not uncommon. And in some cases, the court recognizes this measure as justified. Let's dwell on these nuances in more detail. So, each serviceman for the period of residence in the military camp is provided with a service apartment, respectively, upon dismissal, she will need to be released. But where to go not only to the officer himself, but also to his family members?

Obtaining service housing preserves their right to their previous housing for five years, and also leaves them on the waiting lists for the category of those in need of housing or improvement of its conditions. Thus, the termination of service in the ranks of this military unit retains the right of the officer to participate in military mortgage programs or receive a lump sum cash payment for the purchase of a residential property.

If a serviceman, upon arrival at the unit, refused to occupy a service apartment, then, in order of priority, housing will be allocated to him under a social contract of employment. It is guaranteed that military personnel whose dismissal is connected with for one of the following reasons:

the length of military service is at least 20 years, and the termination of the relationship is associated with retirement;
the length of service is 10 years, and organizational and staff measures have become () or the officer has reached the age limit for performing military duties.

Only in these cases can one count on receiving housing in ownership or under a social contract in the region of the country that will be chosen for subsequent residence. At the same time, the area of the future apartment is calculated according to the current housing standards in proportion to the number of family members.

In all other cases, dismissal occurs without the provision of housing and with the loss of benefits for receiving a subsidy. So, if the order indicates a violation of the terms of the contract, then the provision of housing at the expense of public funds becomes impossible.

Procedure for providing housing

If the length of service is more than ten years, the dismissal was forced - for medical reasons, age limit or as a result of organizational and staffing activities, and the placement on the waiting list for housing was made before 2005, then the military has the right:

get real estate in the property;
get an apartment in the framework of social hiring;
receive a subsidy for the purchase or construction of housing.

Implementation form housing law- for the contractor himself, but in any case at the expense of budget funds. When determining the area of a future apartment, they are guided by the current standards in this area, and even apartment buildings may be assigned to the military units of a single subject of the Russian Federation. Improve your living conditions and the families of those killed in the line of duty. If the last option is chosen - cash payment, then its size will be calculated in proportion to the housing standard and service life in calendar years.

A small legal incident arises when concluding a social contract of employment, since, according to the requirements of the legislation, at the time of its signing, the contractor himself and his family members must already leave the service housing. At the same time, housing for social rent is distributed in turn and the military has to rent square meters so as not to literally remain on the street. However, the state provides for compensation for such costs, the amount of which for large families increased by 50%.

The nuances of providing housing upon dismissal to the reserve

What are the reasons for dismissal to the reserve without housing? The answer to this question is exactly the opposite of the one above:

less than 10 years of military experience;
dismissal for reasons not related to organizational and staff activities, health or age of a serviceman;
consent of the defender of the Fatherland to such an option (necessarily in writing).

A career officer who has served for at least twenty years cannot be dismissed without providing housing. If he leaves the service after receiving a state apartment, this does not impose any legal obligations or restrictions on him in terms of disposing of her future fate. If the military was dismissed during the period from 10 to 20 years of service on grounds regulated by law, then housing may not be allocated to him, but the right to receive it in the future on a general basis is retained.

In the event of a move, he can use the lump sum to purchase or build his own family nest without any area restrictions, since it is not forbidden by law to add his own funds to this subsidy.

The legislation provides for a different procedure for providing servicemen with living quarters.

First of all, military personnel who do not have housing at the place of military service must be provided with service housing for three months.

The right to receive residential premises in ownership or under the terms of a social contract of employment is granted to servicemen who are recognized as in need of residential premises upon reaching the total duration of military service of 20 years or more, as well as those subject to dismissal or dismissed in connection with reaching the age limit for service, according to for health reasons or in connection with organizational and staff activities, the total duration of service of which is 10 years or more.

Certain categories of military personnel are eligible for state housing certificate, social payments for the purchase of housing, become a member of the accumulative mortgage system of housing for military personnel.

It should be noted that receiving a subsidy for the purchase of housing, participation in the mortgage program and obtaining a state housing certificate as an alternative to the right to receive an apartment directly is carried out on a voluntary basis only if the serviceman himself has expressed such a desire.

2. What is the procedure for recognizing that military personnel are in need of accommodation?

The procedure for recognizing military personnel in need of better housing conditions is established in the Decree of the Government of the Russian Federation “On the procedure for accounting for military personnel subject to dismissal from military service, and citizens transferred from military service to the reserve or resignation and service in internal affairs bodies, as well as military personnel and employees of the State fire service, in need of housing or improvement of living conditions in the chosen permanent place of residence.

To do this, the serviceman submits a report to the commander of the military unit with documents confirming the need for housing. The list of documents is approved by the Government.

Based on the report and the attached documents, a decision is made to place the serviceman on the waiting list for housing.

The military commissariat includes the serviceman on the waiting list for receiving housing or improving housing conditions and sends a copy of the list and original documents received from the commander (chief) of the military unit to the appropriate local government body.

3. What is the procedure for granting housing to the property of military personnel?

Housing is provided to military personnel in the order of priority of registration.

4. On what basis can a soldier be deprived of the right to housing?

If the serviceman independently solved the housing problem.

However, in practice, there are cases when a serviceman is excluded from the lists of those in need or is generally denied registration on formal grounds, for example, there is no certificate of lack of service housing at the previous place of service. And there is no opportunity to provide such a certificate, since the archives have been lost due to numerous reorganizations. Then the issue is resolved in court.

5. Are there any benefits for paying housing for military personnel?

Family members of fallen servicemen are provided with compensation payment to pay for housing and utilities.

6. How many square meters is a soldier supposed to have?

Living quarters are provided to military personnel at the rate of 18 sq.m. total area per family member. This norm can be increased by no more than 9 sq.m. the total area of the apartment.

7. Is housing provided to family members of a serviceman in the event of his death? If so, what is the standard for providing housing?

Firstly, family members of military personnel who have lost their breadwinner cannot be evicted from the living quarters they occupy without providing them with another comfortable living quarters free of charge in the event that family members terminate their employment relations with the relevant organizations, after the death (death) of a military personnel, they retain the right to improvement of living conditions.

For family members of military personnel who died (deceased) during military service, and family members of citizens who served under a contract and who died (deceased) after being discharged from military service upon reaching the age limit for military service, for health reasons or in connection with with organizational and staffing measures, the total duration of military service of which is 20 years or more, the right to receive housing is retained. At the same time, housing for these persons is provided as a matter of priority.

The norm for providing housing is the same as for military personnel - 18 sq.m. For a family member, taking into account the characteristics of the dwelling, this area can be increased by no more than 9 sq.m.

8. What is the cost for military personnel to purchase housing?

If we are talking about housing certificates, the cost of housing purchased with the help of a certificate is calculated based on the square meters of the total area and the standard cost of 1 sq.m. the total area of housing in the Russian Federation.

Standard for the total area of \u200b\u200bthe living space for calculating the size social payment set to the following size:

33 sq. m - for a citizen living alone;
42 sq. m - for a family of 2 people;
18 sq. m for each family member with a family of 3 people or more.

The right to additional space is also taken into account certain categories military personnel in the amount of 15 sq.m.

Standard cost of 1 sq. m of the total area of housing in the Russian Federation is determined once every six months by the federal executive body authorized by the Government of the Russian Federation.

To date, the standard cost of 1. sq.m. The total area in the Russian Federation is approved in the amount of 28,000 rubles.

Thus, for example, for a family of two, the state provides a housing certificate for the purchase of housing worth 1,176,000 rubles. If the purchased apartment is more expensive, you will have to pay extra from your own pocket.

9. What is the system for acquiring an apartment for military personnel?

Military personnel and members of their families who are registered as in need of better housing conditions are provided with living quarters from the housing stock of the Ministry of Defense of the Russian Federation.

This housing stock includes premises coming from housing construction Ministry of Defense and acquired by the Ministry of Defense, received from federal bodies executive authorities, executive authorities of the constituent entities of the Russian Federation and local governments in the houses of the state and municipal housing stock, coming from the refurbishment non-residential premises Ministry of Defense.

The distribution of residential premises entering the military unit between military personnel is carried out housing commission military unit in order of priority based on the time they were registered and included in the lists of those in need of receiving housing (improvement of living conditions).

10. Have you received many requests from servicemen regarding housing?

Most often, the appeals of military personnel are associated with illegal dismissal without the provision of housing.

The fact is that military personnel recognized as in need of better living conditions, having a total duration of military service of 10 years or more, without their consent, cannot be dismissed from military service upon reaching the age limit for military service, health status or in connection with organizational and staff activities without providing them with living quarters.

Currently, there are mass layoffs of military personnel due to a reduction in the number of military personnel. Under such circumstances, of course, there is not enough housing for everyone.

In some cases, there are reasons for refusing to register a serviceman as needy, sometimes people are “convinced” to use housing certificates.

We would advise military personnel to clearly express their disagreement with the upcoming dismissal due to the lack of housing in conversations with superiors and in reports.

Illegal dismissals without providing housing should be challenged in court, while asking not only to be restored to the lists of personnel, but also to pay all types of allowances for the time of illegal dismissal.

There are also problems in issuing state housing certificates.

11. Is a service member entitled to additional housing and under what circumstances?

If a serviceman is provided with housing, he has the right to be provided with service housing if his service takes place in another area.

See also other materials on the topic under the heading "Rights of military personnel"

Olga Otrokhova, CEO"Legal Center "Logos", 11.08.2010,
published in the newspapers: "Our Omsk Slovo", "New Review" dated 07/20/2010

A wide variety of forms of obtaining housing in the property for those military personnel who are in military service allows each of them to be sure that at one fine moment the joy of celebrating a housewarming party will fall to their lot. But not all military men reach such a point, there are situations when they are forced to retire. For example, for health reasons or due to reaching the age limit.

Read also: When an employee is laid off, the employer must pay 3 salaries

Housing for retired military personnel

When transferred to the reserve, a serviceman actually loses his place in the queue or becomes inaccessible to him Government program NIS. because payments will no longer accumulate on his personal account. Therefore, the legislation of the Russian Federation enshrined rules explaining how housing is issued to dismissed military personnel. To do this, it is enough to serve at least 10 years and not have serious penalties for the entire period of service. That is, they provide living space only to conscientious employees who are dismissed for objective reasons.

Such social guarantees significantly increase the prestige of military service, provide an opportunity for servicemen who have chosen civilian life after the specified period to acquire their own apartment. In order to avoid mistakes in the event of dismissal, it is better to seek the advice of a lawyer who will give a legal assessment of the situation and recommend how you can proceed to register an apartment.

There are three housing options available:

Thus, housing for former military personnel can be obtained in almost any situation. For example, those who entered into a contract before January 1, 2005, the NIS program is not available, but you can get money to buy an apartment or live in departmental housing.

According to these projects, everyone must either immediately receive an apartment or a housing certificate that allows them to choose their own housing in any region of the country. There is constant debate over the 10-year time frame that prevents the military from counting on government assistance with a shorter service life. But, given the work of the NIS program since January 1, 2005, in which there are no such restrictions, the shortcomings of the law are practically reduced to nothing.

Housing options

In addition to acquiring new housing, the retired also have access to the privatization of the housing that was provided to them for social hire. Indeed, in the absence of the possibility of issuing a housing certificate or buying an apartment at the expense of federal budget, the military man, along with his family, continues to live in the same place as during his service. The law forbids them to be evicted, except in the case of moving to a new house.

Apartments for former military personnel are provided from the same fund as for military personnel in the service, so you often have to wait in line. Easier themes of them who live in an apartment under a social tenancy agreement, in the event of privatization they will not need to move. The same military, now former, who lives in service housing. will have to live all the time in anticipation until the opportunity presents itself to call in own apartment.

Where to go for help?

Given that there are many options for providing living space, help may be needed to sort out the details. experienced lawyer who is familiar with the nuances of such cases and is ready to provide both advisory and representative support in all instances, including, if necessary, in court.

Provision of housing upon dismissal from service

According to the current legislation, military personnel belong to a special category of citizens whose status is determined by Federal Law No. 76, and for whom the state guarantees the procedure for providing permanent housing to military personnel. This is carried out under several programs, including both the issuance of apartments in kind, and the provision cash subsidy for the purchase of real estate. Citizens who arrived at the place of service, as well as accompanying family members, are required to provide housing within 3 months, to which they are entitled for the duration of service.

The regulation on the provision of housing to military personnel provides that in the absence of the possibility of issuing official housing, the military has the right to independently rent housing. as a result of which he is entitled financial compensation, in the amounts determined by legislative acts.

However, the privatization of apartments in a closed military town is not always possible due to the departmental ownership of land and real estate by the Ministry of Defense.

Military rights to housing

What to do in case of dismissal of a serviceman with a service apartment? The service premises cannot be transferred to his ownership, since according to the law it is issued only for the period of service, moreover, such apartments are usually located in closed towns.

Therefore, upon dismissal, the procedure for renting service housing by military personnel and members of their families provides for the release of the occupied living space no later than 3 months after dismissal.

But, receiving a service apartment, their owners retain the rights:

within five years to the dwellings where they previously lived.
they cannot be excluded from the lists of persons in need of housing.

The latter gives them the right to participate in military mortgage or receiving EVD for the purchase of real estate.

In addition, the refusal of a serviceman from an apartment in the service fund gives the right to receive real estate under a social rental agreement for premises that are issued by the state on the basis of a queue.

An apartment is issued to servicemen upon dismissal in the following cases:

Retirement upon reaching at least 20 years of military service.
Dismissals upon reaching their experience of 10 years, for the following reasons: reaching the age limit and OSHM.

The apartment is provided in any region of the country in accordance with the standards for providing living space. The remaining categories of the military vacate living quarters without providing living quarters.

For example, if an employee under a contract and not provided with housing, having a length of service of 10 to 20 years, is dismissed due to his failure to fulfill the terms of the contract, then the benefit for obtaining housing or subsidies for its acquisition is lost.

Providing living space

Military servicemen with a length of service of 10 or more years, dismissed for OSHM, health reasons, reaching the age limit, who were registered before 01/01/2005 as in need of living space, can apply for:

Grant of real estate,
Provision of real estate under a social contract. hiring,
EDV for the purchase of real estate or construction.

A contractor in need of housing can choose any form of providing residential real estate, which is carried out at the expense of budgetary funds. Depending on the specific situation and the form of housing, housing for servicemen transferred to the reserve is provided on the basis of applicable standards. Provision of housing for citizens discharged from military service. enshrined in legislation, in accordance with the reasons for termination of service. For example, apartments for the military in Rostov-on-Don are available in the leased residential complex "Suvorovsky".

Upon receipt of an apartment, its dimensions are calculated based on the norms of living space established by law. Upon receipt of a subsidy, its amount is calculated based on the same standard of living space and length of military service in calendar terms, without taking into account the preferential length of service.

To draw up a social lease agreement, the military on the waiting list must submit a report on the release of the office space, since before the office is handed over to him, the social contract. employment cannot be concluded (according to clause 18 of the Instruction of September 30, 2010 N 1280).

It turns out that the instruction for providing housing for a serviceman. having a length of service of 10 or more years, dismissed on the above grounds, obliges him to vacate the office housing occupied by him and his family members, until another housing is allocated to him as a property or under a social lease agreement, as well as subsidies for its acquisition.

However, in this case, according to Article 14 of Federal Law No. 76, military personnel who are on the lists in need of better living conditions before 01.01.2005 are entitled to receive compensation, the amount of which is determined by the Government.

Retirement without accommodation

In accordance with the Federal Law “On the Status of Military Personnel”, compensation for sub-rental housing to dismissed military personnel is due if they were recognized as needing housing and put on the waiting list before 01/01/2005. In addition, if they have 3 or more children in their family, then the amount of the payment is increased by 50%.

Forum of military personnel on provision of housing. as well as those dedicated to military service, they often ask the question: can a soldier be fired without housing?

So, a military man can be fired without providing living space:

If the length of service is less than 10 years,
If the length of service is from 10 to 20 years, retirement for reasons not related to the OSHM, health status and reaching the age limit.
If the soldier agrees to such dismissal.

Read also: Labor Code Guarantees and Compensation

The Defender of the Fatherland, who has an experience of 20 years or more, is not entitled to be fired without providing living space, this category of military personnel is subject to provision with the required living space in any case.

The dismissal of a serviceman after receiving housing in the property or under a social contract. hiring does not involve any legal consequences limiting his rights to already received housing.

The dismissal of a military man who has served from 10 to 20 years, for OSHM, health status and reaching the age limit, without providing him with housing, he retains the right to receive real estate in his property or under a social contract. hiring on a general basis.

In addition, if he does not want to live at the place of his service, and chooses another region for permanent residence, he has the right to receive a UDV for the purchase of housing.

Provision of housing to military personnel at the chosen place of residence (IPRM) - the solution of the housing issue using a subsidy, does not contradict the law, and makes it possible to purchase your own apartment in any region of the country.

In addition, real estate acquired in this way is not limited in area, and if there is a shortage of funds allocated by the state for the desired housing, the subsidy can be supplemented from one's own savings.

Under what conditions is housing provided to military personnel?

During the quarter, the arrived officers and their families should be provided with accommodation for the entire period of service in this garrison. If for some reason this is not possible, then it is allowed to rent an apartment with subsequent compensation for the costs incurred. The amount of this payment is also regulated by regulatory legal acts.

Housing can also be provided within the framework of social hiring, while maintaining the possibility of its subsequent privatization. But if the housing stock is located in a closed military camp, then it will be extremely difficult to do this, since the facilities are listed as the property of the Ministry of Defense.

Right to housing

Obtaining service housing preserves their right to their previous housing for five years, and also leaves them on the waiting lists for the category of those in need of housing or improvement of its conditions. Thus, the termination of service in the ranks of this military unit retains the officer's right to participate in military mortgage programs or receive a lump sum cash payment for the purchase of a residential property.

the length of military service is at least 20 years, and the termination of the relationship is associated with retirement;
length of service is 10 years, and the basis for dismissal was organizational and staffing measures (downsizing in the civil service) or the achievement by an officer of the age limit for performing military duties.

In all other cases, dismissal occurs without the provision of housing and with the loss of benefits for receiving a subsidy. So, if the order indicates a violation of the terms of the contract, then the provision of housing at the expense of public funds becomes impossible.

Procedure for providing housing

If the length of service is more than ten years, the dismissal was forced - for medical reasons, age restrictions or as a result of organizational and staffing activities, and the placement on the waiting list for housing was made before 2005, then the military has the right:

get real estate in the property;
get an apartment in the framework of social hiring;
receive a subsidy for the purchase or construction of housing.

The form of implementation of housing law is up to the contractor himself, but in any case at the expense of budgetary funds. When determining the area of a future apartment, they are guided by the current standards in this area, and even apartment buildings themselves may be subject to assignment to the military units of a single subject of the Russian Federation. Families of those killed in the line of duty can also improve their living conditions. If the latter option is chosen - a cash payment, then its size will be calculated in proportion to the housing standard and service life in calendar years.

The nuances of providing housing upon dismissal to the reserve

What are the reasons for dismissal to the reserve without housing? The answer to this question is exactly the opposite of the one above:

less than 10 years of military experience;
dismissal for reasons not related to organizational and staff activities, health or age of a serviceman;
consent of the defender of the Fatherland to such an option (necessarily in writing).

In the event of a move, he can use the lump sum to purchase or build his own family nest without any area restrictions, since it is not forbidden by law to add his own funds to this subsidy.

Alexander 01/17/2016 00:09

As a former military man, I understand very well the desire of Russian legislators to provide servicemen with housing. It is especially pleasant that it is impossible by law to fire a soldier without providing housing. There are exceptions related to the length of service and the reason for dismissal. It so happened that I had to serve in the army of the USSR, then in the army of Ukraine, then in the army of Russia. I retired without housing. This question remains open. I think to return to his decision.

Valery 5.05.2016 09:08

Your example is far from unique. Russia is doing the right thing by taking care of its own servicemen. The issue of providing housing to persons who retired from the armies of the former republics Soviet Union, but who have taken Russian citizenship, has not yet been settled.

Ignat 8.05.2016 08:06

It is necessary to distinguish between the provision of housing for a serviceman and his family, official and, so to speak, permanent. The first must be provided within a quarter after arriving at the garrison. A permanent can only be obtained by serving at least 3 years. And that's just to become a member of the military mortgage.

Natalya 13.11.2016 21:56

Hello. My husband and I (no children) have been on the waiting list for housing since 2007. In 2011 due to organizational events, the position of her husband was reduced. To date, he has not been fired from the Armed Forces, he is waiting for housing. How long this will continue is unknown.

The question is: if we divorce him, will this affect his place in the queue and the footage received? As far as I understand, that for one, that for two, a one-room apartment is still required. And is it true that due to a change in his marital status, he will have to queue up again?

What year was the bam built

BAM: the history of construction and the significance of the highway

After how many years they give an apartment to military personnel. Provision of office space. What is the system for acquiring an apartment for military personnel