How many meters of official housing is a serviceman entitled to?

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norm of provision, provision, RUZHO, official residential premises, terms of provision

On the right of military personnel to service living quarters, see this article

After a serviceman is included in the List, he receives the right to be provided with official residential premises (or the right to payment of monetary compensation (link) for renting or subletting residential premises from third parties).

Military personnel who entered into their first contract after January 1, 1998 are provided with office living quarters for the entire duration of their military service.

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

How many square meters are required per person by law?

Providing housing for the defenders of the homeland has always been a difficult task.
Previously, the state solved such problems by allocating departmental apartments and placing military personnel in queues for apartments. But there was not always enough departmental space, and the queues moved very slowly. And a couple of years ago, the state launched a new program to provide housing for army personnel - a housing subsidy for military personnel. But not everyone knows what it is. Today we will look in detail at what conditions military personnel can receive a housing subsidy, within what time frame, how many square meters are required under the subsidy, whether it is possible to purchase additional meters and who is entitled to it. Based on the Federal Law, the subsidy is issued to all military personnel in need of housing who have served under a contract for 20 years.

The size of such a subsidy can reach 10 million rubles, depending on the conditions of service. In the article we will tell you how to correctly calculate the amount of the subsidy, who can receive it out of turn, and what additional rights military personnel have regarding housing, including hiring. If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call:.

The state is obliged to fully provide military personnel with everything they need, including housing. The right to housing is spelled out in Article 15 of the Federal Law dated In addition to this law, a Government Resolution was adopted from Article 15 of the Federal Law “On the Status of Military Personnel” it is stated that a subsidy can be provided to a military personnel and members of his family only if they belong to those in need of living space in accordance with Article 51 of the Housing Code of the Russian Federation.

That is, if the serviceman does not have residential premises that belong to him by right of ownership, or there is not enough living space for each person. For example, if an apartment of 35 square meters is owned by three people, that is, each person has less than 12 square meters, then this is not enough, so the family will be recognized as needy.

The rules for calculating the subsidy state that if a serviceman owns housing, but its area is not enough to meet the standard, then the subsidy is calculated taking into account the housing that is already owned. Military personnel are eligible to receive a housing subsidy provided that they have served under a contract for more than 20 years.

However, there are exceptions. A soldier dismissed from military service whose total duration of service was 10 years or more is also entitled to housing compensation, provided that the dismissal was made on one of the following grounds:. If the contract for military service was signed before a year, then the period of service is no longer taken into account, since before the year the required number of years of service have already passed to obtain a housing subsidy.

Also, out of turn, members of the family of a serviceman who died while serving under a contract, who already had the right to a subsidy on a general basis but, for example, did not have time to apply for it, can receive a housing subsidy out of turn. Moreover, if a serviceman already owns housing, then the established standard is reduced by the size of the existing housing. For example, a soldier’s family consists of four people, including himself.

The property has an apartment of 32 square meters. The subsidy will be calculated based on the total required living space of 40 square meters 18 sq. The following categories of military personnel have the right to an additional 15 square meters of living space: The following categories of military personnel have the right to an additional 20 square meters to the established standard of living space:

The amount of the subsidy is calculated using the following formula:. The standard value for the cost of 1 square meter of housing is established annually by the Russian government. You can also calculate the amount of the subsidy using a special online calculator located on the official website of the Ministry of Defense of the Russian Federation at this link.

For example, a family consists of 4 people, one of whom is a military serviceman who served under a contract for 22 years. There is no right to additional living space. The serviceman also does not own housing. If we slightly correct our example and reduce the service life by 7 years, that is, to 15 years, then the size of the housing subsidy will be 6.6 rubles, almost 2.5 million rubles less. Let's take another example. A family consists of three people; a serviceman has the right to an additional area of ​​15 square meters, since he is the commander of a military unit.

But he already owns an apartment with a total area of ​​34 square meters. Service life - 20 years and 3 months. In total, he will be able to receive a subsidy for the purchase of housing, or rather, for improving living conditions, in the amount of 4.63 rubles. To receive a housing subsidy, a serviceman must initially register as being in need of improved housing conditions. To do this, write an application and attach all the necessary documents, for example, about the availability of other housing and a certificate of family composition.

The application can be sent to the Ministry of Defense of the Russian Federation through the unit commander. On the day the application is received, the serviceman is added to the queue. After this, a person can track his turn through the “Unified Register” online service on the website of the Ministry of Defense of the Russian Federation. To view, use your personal number and verification code. Within 20 calendar days, the serviceman must receive a positive or negative response.

If the decision is positive, the money will be credited to your current account within 5 business days. After purchasing housing, the serviceman must report on the intended use of the funds received. A negative decision may come, for example, if not all documents were provided or if new housing had already been registered for the serviceman. In addition to subsidies for the purchase or construction of housing, military personnel are entitled to benefits in relation to the hiring and purchase of housing:.

If a serviceman does not have housing at his place of service, he will have to rent an apartment or room. The state compensates part of the amount for renting housing. The amount of compensation directly depends on the number of people who live with the military man and the area in which the housing will be rented. The maximum amount of compensation that can be paid to a military personnel for renting housing per month is calculated using the following formula:. New rules for calculating housing subsidies for military personnel this year: latest news about the viewing order.

What do you need to know about housing subsidies for military personnel this year? Contents of article 1. Subsidy for the purchase of housing 1. Additional benefits for housing for military personnel 2. Which military personnel are entitled to a housing subsidy Article 15 of the Federal Law “On the Status of Military Personnel” states that a subsidy can be provided to a military personnel and members of his family only on the condition that they are considered to be in need of living space in accordance with Article 51 of the Housing Code of the Russian Federation.

A serviceman dismissed from military service, whose total duration of service was 10 years or more, is also entitled to housing compensation, provided that the dismissal was made on one of the following grounds: reaching retirement age: for health reasons; in connection with organizational and staffing events. Who has the right to receive a subsidy out of turn Some categories of military personnel can receive a housing subsidy out of turn: if there are three or more children in the family; whose housing is declared unfit for habitation and cannot be repaired or reconstructed; one of the family members suffers from a severe form of a chronic disease, in which living together with him is considered impossible, in accordance with the Order of the Russian Ministry of Health from Additional living space - what is it Some categories of military personnel have the right to be provided with additional living space.

Savings system and mortgage for military personnel

As mentioned above, every military personnel has the right to participate in the funded system. We emphasize: it is a right, not an obligation. This means that in order to subsequently receive funds and accumulate them, the employee must submit a corresponding report. After 3 years of service, you must submit another report in which you declare your desire to receive a Certificate of the right of a participant in the savings-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 this, the serviceman must wait a little until he is issued 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. Please remember that the terms offered may vary significantly from one organization to another.

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 purchase and sale agreement for the selected property or enter into a mortgage agreement. Next, register the agreement with Rosreestr and receive an extract from the Unified State Register of Real Estate on the ownership of the residential premises. That's it, from now on the serviceman is the happy owner of his own real estate.

An important difference between the special mortgage program for military personnel is that the amount of the loan issued and its terms do not depend in any way on the level of income of the military man or his family members, since the loan received is repaid not from personal funds, but from the funds of the savings system.

Departmental apartment

When receiving a service apartment, they are often faced with a noticeable discrepancy between its dimensions and those specified in various regulatory legal acts of the Russian Federation. In this case, they provide a smaller living space, but only for a certain period.

Legal norms

Military personnel are provided with a service apartment in the manner described in detail in:

• Federal Law No. 117 of August 20, 2004;
• Art. 15 Federal Law No. 76 of May 27, 1998;
• Order of the Ministry of Defense of the Russian Federation No. 1280 dated September 30, 2010

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Who has the right to receive departmental living space?

Military personnel whose contract was concluded in January 1998 and later are provided with official housing for the entire duration of their military service. These recipients include the following military personnel:

Main nuances

The duration of military service determines whether a serviceman is entitled to new service housing. Such living space is received only after 20 years of military service or after 10 years under certain benefits.

A departmental apartment meets the following standards: living space and its ratio to the number of family members. Such real estate is issued in the same city where the military unit or unit is located.

Is it possible to provide housing for those discharged from military service?

If a contract soldier has finished his career, then, unlike conscripts, he has a number of benefits. These include:

• one-time payment for those dismissed from the Armed Forces;
• provision of material property or monetary compensation for it;
• provision of required vacations without interruption before dismissal.

However, the main help remains obtaining living space. The main benefits are prescribed in Federal Law No. 76 of May 27, 1998, it determines the status of a military personnel. According to this law, these include 2 categories:

1. Military personnel serving under conscription.
2. Those who serve in the army under a contract.

Housing benefits apply only to contract employees.
Those who serve by conscription are housed in barracks at this time (Article 168 of the Charter of the Internal Service of the Armed Forces, approved by Presidential Decree No. 1495 of November 10, 2007). Read about whether a serviceman can be fired without housing or subsidies.

Providing service apartments

According to the current rules , a military man who arrives at his place of duty must be given official housing within three months. If the military garrison does not have such resources, then the serviceman is allowed to rent housing on his own, and he will be paid compensation in the amounts established by law.

A military man has the right to official housing during the entire period of service under the contract. All this is established in Art. 15 Federal Law No. 76 dated May 27, 1998. Service housing is provided to a military man and his family if they do not have their own housing at their place of service. If there is housing, but it is in another region, official housing is still required.

It is impossible to privatize official housing. It is provided under a social lease agreement. You can live in such an apartment, but you won’t be able to sell it or give it to someone else. Upon completion of service or upon transfer to another city, the service apartment will have to be vacated - another military man will move into it. When vacating an apartment, you must obtain a certificate of occupancy of the premises.

In Art. 15.1 Federal Law No. 76 of May 27, 1998 specifies the standards by which living space is provided. The more people in the family, the more square meters there will be in the service apartment. 18 sq. m is the standard for one person. Some military personnel are entitled to additional meters:

• for colonels and military personnel with higher ranks;
• from commanders of military units;
• from teachers of military universities, etc.

Additional area can range from 15 to 25 square meters. m.

Owned

Only military personnel recognized as needing housing can count on it In addition, one of the following three requirements must be met:

1. The first contract was concluded before January 1, 1998.
2. The contract was concluded later, but there is a length of service of 20 years or more.
3. The contract was concluded later, there is 10 years of service or more, and the dismissal was on “preferential” grounds, for:
   age limit;
4. health status;
5. OSHM.

For military personnel with this status, the state undertakes to provide housing either as property or under a social tenancy agreement. Ownership of housing can be provided:

1. in the form of an apartment (see the procedure approved by order of the Ministry of Defense No. 20 of January 25, 2016 and other acts);
2. in the form of a cash subsidy (see the procedure approved by order of the Ministry of Defense No. 510 of July 21, 2014 and other acts).

Housing certificate

It can be issued to military personnel who meet the above conditions for length of service and need for housing.

A certificate is a paper that confirms that the state will pay the bank for the apartment or house chosen by the military. The list of recipients of the certificate is wider: for example, they are issued to military personnel being resettled from military camps. The rules for issuing certificates and all persons to whom they can be issued are determined by Government Decree No. 153 of March 21, 2006.

Military mortgage

Its meaning is that the state pays a mortgage on an apartment or house for a citizen while he serves under a contract. Federal Law No. 117-FZ of August 20, 2004 in Art. 9 determines who has the right to participate in a military mortgage, and who is included in this program without fail. These are not all contract servicemen, but the list is wide.

The mortgage is calculated until the end of the service. If a military man leaves early, he may have to return to the state everything paid for his mortgage. It depends on how many years he served and on what grounds he resigned. If you have served for more than 20 years or more than 10 years with preferential grounds for dismissal, you will not have to return anything.

What it is

Service apartments are temporarily transferred to Russian citizens who are serving for the country under a contract in the ranks of the Armed Forces of the Russian Federation. These persons are included in a special category protected by the state. Together with the military themselves, the right to use the apartment (house) is also acquired by their household members - spouse, parents, children.

One of the most significant guarantees is the transfer of temporary accommodation for the use of these persons. The provision of official housing for military personnel is provided in the city, town or other place of residence, according to the location of the military unit, or in the closest location.

Important . The distribution is handled by the Housing Housing Department of the Russian Ministry of Defense. Over the eight years of its work, the Department has already transferred more than 33 thousand residential premises for military families.

Who is eligible to receive

There are two main reasons by which it is determined whether the premises will be provided from the budget or not.

The first is in what situation it is necessary. Service housing is a place of temporary residence at a new duty station if the citizen himself does not have suitable premises where he could stay. When a citizen does not rent living space on his own behalf or does not have it as property, the family simply has nowhere to live. Such a serviceman is entitled to receive official housing.

The second is the circle of people. Generally binding rules for the provision of official housing to military personnel are contained in the following basic acts:

These regulations provide a list of persons who are provided with housing:

But the mere fact of the absence of a place of residence in the territory is not enough. To obtain official housing, a special list of certificates and permits is required, as well as placing the military personnel in the queue of those in need of official premises.

Attention ! Citizens whose family is raising 3 or more children are provided with premises out of turn.

A diagram of who is entitled to a place of residence is presented below:

An alternative to obtaining official living space is to obtain compensation for renting an apartment under a rental agreement. However, the allocated amount of money cannot fully cover rental costs. That is why the priority is the provision of temporary housing.

Provision standards

The following rules have been established for providing housing to military families:

• According to the terms of providing military personnel with housing - within three months from the moment of arrival in a new locality.
• The area of ​​the apartment is calculated based on the norm of 18 square meters per family member.

Important ! The size of the premises provided to the military personnel, less than the specified standard for the provision of official housing, is possible only with the consent of the military man and in the absence of suitable living space. Also, in exchange for an apartment, they can give a dormitory room or premises of a flexible fund - also with the consent of the recipient.

Procedure for providing office accommodation

Upon receipt of information about official living quarters that can be distributed, the RUZHO makes a decision on providing official living quarters to the serviceman. Within 3 days, the RUZHO is sent to the military personnel. A message about the proposed living quarters

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

If he agrees with the provision of official residential premises, the serviceman, within five days from the date of receipt of the message about the proposed residential premises, sends to the RUZHO his consent to the provision of official residential premises (tear-off spine No. 1 to the Decision).

If a serviceman disagrees with the provided residential premises, he, within five days from the date of receipt of the message about the proposed residential premises, sends to the RUZHO a refusal to provide service residential premises (tear-off counter No. 2 to the Decision).

If the serviceman has not responded in any way to the received Message within ten days from the date of receipt of notification of delivery of the message to the structural unit of the authorized body, service living quarters are provided to other military personnel.

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What is subletting of housing: legal norms.

Hiring and subhiring have differences, but they are not significant. Among the main differences, they note that the rental agreement is concluded between two individuals, the tenant and the owners of the property.

The latter can also be an organization. The rules for concluding an agreement are regulated by Art. 671 Civil Code of the Russian Federation.

When concluding a sublease agreement, the second party is the state. In other words, the serviceman is provided with municipal housing.

In this case, monetary compensation for sublease is provided for the following categories:

• citizens undergoing military service;
• relatives of military personnel who died in the line of duty;
• military personnel who have retired to the reserves, but are registered as in need of improved living conditions.

Relatives of retired military personnel may be eligible for compensation if they themselves died but did not receive real estate. The specifics of drawing up a sublease agreement are prescribed in Art. 76 Housing Code of the Russian Federation.

Procedure for receiving property

In order to obtain housing ownership, a military person needs to register as someone in need of housing. You need to contact the Housing Department - JO. Regional housing departments are called abbreviated RUZHO. Recognition as needy occurs in the manner established by Order of the Ministry of Defense No. 1280 of September 30, 2010.

There is no special procedure for issuing home ownership to military personnel who have been discharged. There is no preferential promotion in the queue for them. Often, the command staff of the units in this case offers the dismissed person to take a subsidy. If the latter refuses a monetary payment, then most often such a soldier is left in service outside the state until he receives legal housing.

If a serviceman or members of his family own an apartment and its area is equal to or larger than the standard one, he is retired or for other reasons, he is not entitled to receive living space. In this case, he is not considered to be in need of improved living conditions. Accounting standards are determined by municipalities for each locality separately.

The procedure for obtaining living space is as follows:

1. At the moment when a citizen is still undergoing military service, he collects and submits all the documentation in order to be recognized as needy, and receives a decision to be placed on the waiting list.
2. Then he waits until, in order of priority, he receives a notification about the availability of housing for distribution. After this, he must provide the JO with a package of documents to register ownership of the property.
3. If, at the time of provision of living space, the military man occupied a service apartment or housing under a social tenancy agreement, then he must sign a document indicating his readiness to leave this housing within two months.
4. If 30 days after the citizen received the notice, he has not submitted documents to the JO, then he is fired without being provided with living space.

It is sometimes much faster for an employee to receive a subsidy in order to independently purchase or build housing for himself. To receive such a subsidy, a retiring military personnel must:

• be on the waiting list for housing;
• have a bank account;
• write an application form to the public housing organization about the desire to receive a cash subsidy instead of housing;
• find an apartment to buy and complete the deal.

When calculating the amount of the subsidy, living space owned by family members of the military personnel will be taken into account. If such living space is available, the subsidy will be less.

The specific amount of the subsidy is indicated by the JO. He calculates it based on the cost of 1 sq. m of living space, standard area and correction factor. Additional meters are added if eligible. The calculation rules are established in detail in Government Decree No. 76 of 02/03/2014.

The standard living space is established depending on the number of people in a military family:

• for one – 33m2;
• for two – 42 m2;
• for three or more 18 m2 for each family member.

The price per square meter is also determined by the state. In the second half of 2021, this is 45,133 rubles (clause 1 of Order of the Ministry of Construction No. 353/pr dated June 21, 2021).

After calculating the amount, the JO informs the dismissed person about the amount of the subsidy and the timing of its payment (read about payments and benefits for military personnel upon dismissal here). After a serviceman receives a cash payment, he is removed from the queue for housing. If a serviceman does not want to live in the region where he served, then he has the right to spend the subsidy on purchasing living space in another region.

What is this indicator and how to calculate it

The standard living space is the same square footage per person for his normal life.

The concept of “norm” is relative. There are at least 3 types of this indicator:

1. Minimal. The minimum is typical for residents of hostels and shunting funds.
2. Provision rate. We are talking about the allocation of living space to a citizen through the conclusion of a social tenancy agreement.
3. The accounting area must exceed the provision norm in area. It determines whether the state is obliged to provide more living space than a large family owns or not.

There are also a number of factors influencing the final decision on the provision of living space:

• number of family members;
• the degree of provision of living space in specific regions;
• type of residential premises;
• other.

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When calculating preferences for payment of housing and communal services

The social norm for the total area of ​​living space is used to determine financial assistance to a citizen when paying for housing and communal services, however, regional and municipal authorities most often use their right to set their own standards. As a rule, values ​​are set below the federal level.

In dorm

In accordance with Art. 105 of the Housing Code of the Russian Federation and sanitary standards, residential premises in dormitories are provided in accordance with the standard of 6 m2 of living space per person.

How to calculate housing subsidies for military personnel.

The subsidy is calculated according to the Rules for calculating subsidies for the acquisition or construction of residential premises (living premises) provided to military personnel. The formula for calculation has been established: P = N x C x Ks . Where, N is the standard for the total area of ​​housing. C - the cost of 1 square meter of total living space in the Russian Federation. Kc - correction factor taking into account the total duration of military service.

Formula for calculating housing subsidy.

The standard for the total area of ​​living space is calculated as follows. For a single soldier - 33 square meters. 42 square meters for a family of two people. And then 18 square meters for each family member (3 or more). For military personnel with the military rank of “COLONEL” or in the position of commander of a military unit, an increase in living space by 15 square meters is provided. m.

Correction factor and cost of 1 square meter.

The correction factor, taking into account the total duration of military service, is established according to the following indicators:

Table of correction factors.
The cost of 1 square meter of total living space is determined by the Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation. Frequency: once every six months. Thus, for the 2nd half of 2021, the cost of one square meter of housing is set at 55,720 rubles.

Dynamics of growth in the cost of a square meter of housing.

Accounting norm

For registration in the queue for housing, an accounting norm is provided. According to it, local municipal authorities determine the ratio of the total area to the number of living family members. If its size is significantly less than the established value, you will be recognized as needing additional square meters.

The case of several families living together under one roof and in a small area is a weighty argument. It is necessary to take into account the presence of a seriously ill person in the family. Large families and low-income people will also be no exception. The birth of a child, while living in a small apartment, gives rise to an appeal to the territorial government authorities.

The category of accounting norm includes persons who have a certificate of owner, or a rental agreement. For residents of large cities, in particular Moscow and St. Petersburg, the concept of “residence qualification” is especially relevant. It indicates permanent residence for 10 years and can influence inclusion in the list of those in need of an increase in square footage.

On average across the country, the accounting norm fluctuates in the range of 12-14 sq.m. for one person.

The condition of compliance with the listed provisions gives you the right to contact the local administration with a written statement and confirmation of supporting facts. But, take into account the situation of the general regional housing stock, the pace of construction of new housing, and the severity of the housing issue.

Why do you need to know housing standards?

First of all, you need to know the standards in order to keep the housing situation in the state under close attention. Using the established values ​​as a basis, government agencies calculate whether the family needs additional living space?

What are the benefits of knowing housing standards?

1. Calculation of utility bills.
2. Find out how many people can be registered in an apartment, taking into account the norm per person.
3. Determining the amount of subsidies for housing and communal services is one of the many forms of support for families in need.
4. Calculation of square meters for the provision of housing under a social rental agreement, for example, if a citizen lost his home as a result of a natural disaster or due to a debt on a mortgage loan.
5. Compare the square meters of housing in disrepair and completely new housing - the state gives the owners an apartment in new buildings, which means that the housing area, at a minimum, must be preserved (we will give an example, if the housing in disrepair was 58, then the apartment in the new building will not should be smaller in size).

Knowledge of at least the basics of housing standards will allow a person not to miscalculate in the case of common ownership of housing. For example, if one of the shareholders wants to receive monetary compensation or allocate their share in kind.

Why do you need to know housing standards?

Standards are needed primarily to control the housing situation in the country. Based on the established values, government agencies can calculate whether a family needs additional space?

How does knowing housing standards help?

1. Calculation of square footage for the provision of housing under a social rental agreement, for example, if a person lost an apartment due to non-payment of a mortgage or lost housing as a result of a natural disaster.
2. Determining the amount of subsidies for housing and communal services is one of the forms of state support for low-income families.
3. Find out how many residents can be moved into the apartment, taking into account the norm for one person.
4. Compare the square footage of the emergency housing and the new apartment - the owners are moved to new buildings, which means that the living space must at least be preserved (for example, if the emergency housing was 45 m², then the new one should not be inferior to it in area).
5. Calculation of utility bills.

Military housing subsidy calculator.

To simplify all the complexities associated with subsidy calculations, you can use a calculator. Or rather, a special calculator for military personnel subsidies for housing. This calculation tool already contains all the current data on the cost of housing and the adjustment factor. The calculator itself will calculate the required living space and calculate the amount of the subsidy.

An example of a military subsidy calculator.

You only need to indicate the composition of your family and the presence of residential premises in the property. Also indicate the right to additional space for commanders of military units and military personnel with the rank of COLONEL. As a result of the calculation, you will receive the result in the form of the total area of ​​housing and the current amount of the subsidy.

How long must you serve to get money for an apartment?

How long do you need to serve to get money for an apartment? By length of service or by calendar length of service

Lawyers' answers (1)

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Article 15 of the Law “On the Status of Military Personnel” No. 76-FZ dated May 27, 1998 contains the following paragraph:

Military personnel - citizens who are provided with official living quarters for the entire period of military service and are recognized as in need of living quarters, upon reaching a 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, a federal executive body or a federal state body in which military service is provided for by federal law is provided with a housing subsidy or residential premises in federal ownership, at the choice of these citizens into the property free of charge or under a social rental agreement with the specified federal executive body or federal state body at the chosen permanent place of residence and in accordance with the standards for the provision of residential space provided for in Article 15.1 of this Federal Law.

Thus, the minimum service life to qualify for a subsidy or to receive housing is 10 years, but there are additional conditions and you must be in need of improved housing conditions, that is, stand in line to receive housing.

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The procedure for providing military personnel with service housing

1. What documents must be provided to a military personnel to be included in the list of those in need of service living quarters?

In accordance with paragraph 2 of the Instruction on the provision of service living quarters to military personnel - citizens of the Russian Federation, serving under contract in the Armed Forces of the Russian Federation (hereinafter referred to as the Instruction), approved by Order of the Minister of Defense of the Russian Federation of 2010 No. 1280, for inclusion in the list, the military personnel submits to the housing support authority according to territorial affiliation, an application (Appendix No. 1 to the Instructions), to which the following documents are attached:
copies of documents proving the identity of the military personnel and members of his family (passports with registration data at the place of residence, birth certificates of persons who do not have passports );

copies of marriage certificates (divorce);

information on the availability (absence) of residential premises occupied under social tenancy agreements and (or) owned by the military personnel and members of his family (Appendix No. 2);

a certificate confirming the delivery of service living quarters (lack of service living quarters) at the previous place of military service (including the living quarters of the maneuver fund or dormitory).

In order to quickly make a decision on inclusion in the list, it is recommended to submit to the housing authority:

— certificate of military service;

- certificate of family composition.

1. How is the priority for providing service housing to military personnel determined?

Military personnel included in the list for the provision of official residential premises are provided with official residential premises in order of priority based on the date of submission (sending by mail) of the application and set of documents, and if the specified dates coincide, the priority is determined taking into account the total duration of military service ( clause 5 of the Instruction approved by order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280).

1. Who has the right to priority provision of office housing?

Military personnel with three or more children are provided with service living quarters on an extraordinary basis (paragraph 2, paragraph 1 of Article 15 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel”).

1. What size of the total living space is provided to a military personnel in a dormitory and service apartment?

In accordance with Article 105 of the Housing Code of the Russian Federation, residential premises in dormitories are provided at the rate of at least six square meters of living space per person.

Service residential premises are provided to military personnel and members of their families not lower than the standards for the provision of residential premises when providing residential premises under a social tenancy agreement, established by Article 15.1 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”, after the delivery of those provided under former place of military service, official residential premises.

1. In the absence of a specialized housing stock, how is the right of military personnel to housing implemented?

In the absence of the specified residential premises, military units rent residential premises to provide for military personnel - citizens and members of their families living with them, or at the request of military personnel - citizens, pay them monthly monetary compensation for renting (subletting) residential premises in accordance with the Instruction “On the organization in Armed Forces of the Russian Federation payments of monetary compensation for renting (subletting) residential premises” approved by order of the Minister of Defense of the Russian Federation dated May 27, 2021 No. 303.

1. What is the procedure for paying monetary compensation for renting (subletting) residential premises?

Payment of monetary compensation to military personnel and members of their families is carried out monthly through financial and economic bodies serving military units (organizations) (hereinafter referred to as financial and economic bodies), based on the order of the commander of the military unit (head of the organization).

The order specifies the amount of monthly monetary compensation and the period for which the monetary compensation is established.

The payment period is set for a calendar year, but not longer than the rental period 8 (sublease) of residential premises specified in the rental (sublease) agreement for residential premises.

Payment of monetary compensation is made from the day of hiring (sublease) of residential premises after the serviceman’s arrival at the place of military service, but not earlier than the day the serviceman is included in the list for the provision of residential premises of a specialized housing stock by the authorized body or a structural unit of the authorized body according to territorial affiliation for the purpose of housing provision.

In order to pay monetary compensation to military personnel, an order from the commander of a military unit (head of an organization) is sent to the financial and economic body, accompanied by documents that served as the basis for its appointment. At the same time, a copy of the order is sent by the commander of the military unit (head of the organization) to the authorized body or structural unit of the authorized body according to territorial affiliation for the purpose of providing housing for military personnel.

The authorized body or a structural subdivision of the authorized body sends to the financial and economic body to inform the commanders of military units (chiefs of organizations) information about the provision of residential premises or subsidies to military personnel who are paid monetary compensation for the acquisition or construction of residential premises, including under state housing certificates . Information is sent within five working days after the occurrence of these circumstances.

1. What documents do military personnel need to attach to their report for payment of monetary compensation?

In accordance with the Instruction “On the organization in the Armed Forces of the Russian Federation of payments of monetary compensation for the rental (sublease) of residential premises” approved by order of the Minister of Defense of the Russian Federation dated May 27, 2021 No. 303, the following documents are attached to the report:

• a copy of the lease (sublease) agreement for residential premises, concluded in accordance with the legislation of the Russian Federation;
• a certificate from the military unit (organization) about the composition of the serviceman’s family;
• an extract from the order of the commander of the military unit (head of the organization) on the enrollment of the serviceman in the lists of personnel of the military unit (organization);
• copies of passports of a citizen of the Russian Federation for all family members for whom monetary compensation is assigned, with marks of registration at the place of residence, copies of certificates of registration at the place of residence (if available) and birth certificates for children under 14 years of age;
• a copy of the notification about the inclusion of a serviceman in the list for the provision of residential premises of a specialized housing stock.

1. How much money does a serviceman who is not provided with official living space at the place of military service in the Smolensk garrison receive for renting residential premises?

On February 4, 2021, the Minister of Defense of the Russian Federation decided to pay monetary compensation in 2020-2022 for the rental (sublease) of residential premises to military personnel of all categories - officers, warrant officers or midshipmen, soldiers, sergeants, sailors or foremen in the amounts established by the rental agreement (sublease) of housing, but not higher than the size determined in accordance with the procedure established by clause 2 of the Decree of the Government of the Russian Federation of December 31, 2004 No. 909 “On the procedure for paying monetary compensation for the rental (sublease) of residential premises to military personnel - citizens of the Russian Federation undergoing military service contract service, citizens of the Russian Federation discharged from military service, and members of their families.”

Norm for calculating living space

The standards for calculating living space are regulated by:

• the current Housing Code of the Russian Federation;
• legislative acts of the constituent entities of the Russian Federation;
• resolutions of municipal authorities.

Previously, in the USSR there was a standard size for living space, which was 12 m² per person.

However, according to the current Housing Code of the Russian Federation, standards are established exclusively at the regional or municipal level.

exception is the sanitary standard , which is indirectly (without mentioning the word “sanitary”) established in the current edition of the code. Therefore, any other information about the established sizes of living space with reference to the Housing Code is outdated .

When calculating the area per person, only the size of the living space , that is, living rooms occupied by residents, is taken into account. Auxiliary premises (kitchen, balcony, corridor, etc.) are not taken into account .

Calculating the standard of living space may be necessary:

1. to determine the need to improve housing provision ;
2. to determine the area of ​​housing provided in dormitories and flexible housing units;
3. to provide additional living space to certain categories of citizens;
4. when determining the rights of minors , disabled people and other categories of citizens entitled to benefits.

It should be borne in mind that any norms apply only to state or municipal housing.

The area of ​​privatized apartments is a problem for the owners of residential premises themselves, therefore housing standards apply to them indirectly.

Sources

1. Civil status acts in judicial practice. Educational and practical manual for judges and civil registry officials; Prospect - M., 2008. - 983 p.
2. Law and Economics No. 12/2008; Justitsinform - M., 2008. - 641 p.
3. Herman De Bets The art of speaking in court; Higher school - Moscow, 1982. - 427 p.
4. Methods for conformity assessment No. 12 2013; Standards and quality - M., 2013. - 455 p.
5. Alexander Ivanovich Chuchaev Criminal legal problems of protecting power (history and modernity). Monograph; Prospect - M., 1993. - 155 p.