Monetary compensation to military personnel for housing - legislative regulation, formula for calculating payments and formation of monetary compensation

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Is military personnel entitled to monetary compensation for housing? For many years, the issue of providing housing for military personnel has been complex.

The developed concepts for solving this problem were previously based on obtaining a property under a social tenancy agreement or ownership. It was also permissible to purchase real estate using a special housing certificate.

In 2014, by order of the Minister of Defense, a new procedure for issuing financial compensation to military personnel was introduced. Citizens should familiarize themselves with the current legislation and its latest changes in order to know their rights.

Subjects eligible to receive payments

Who is eligible to receive housing compensation?

Persons of the following categories (military personnel and members of their families) are entitled to receive payments:

• citizens who are currently contract servicemen;
• military personnel who have the military rank of officer, warrant officer or midshipman;
• military pensioners.

It is important to emphasize that not all individuals in these categories will receive financial compensation.

One-time financial assistance upon transfer to the reserve

According to Order of the Ministry of Defense No. 727, when contract soldiers and conscripts finish their service, they are paid benefits.
One-time financial assistance upon transfer to the reserve depends on the status of the serviceman. The calculation takes into account payments by position and rank. The benefit amount is:

Cash compensation to military personnel for housing - formula for calculating payment (purchase, rental)

Citizens who entered into a purchase or rental transaction in 2021 are entitled to monetary compensation to military personnel for housing on standard terms.

In order to obtain it, you need to visit the Federal Tax Service or the administration at your place of residence with a prepared package of documents, which confirms that the transaction has been completed.

As before, the amount of the entire compensation cannot exceed 1 million rubles. It is worth noting that funds issued by the state or a credit institution will not be taken into account in the calculations.

Compensation for renting (subletting) residential premises to military personnel with the military rank of officer, warrant officer or midshipman, serving under a contract or dismissed from it, and members of their families is paid in the amount of actual expenses, but not higher than the amounts determined based on the standard of total area and the maximum cost of hiring (calculation of sub-hiring by military personnel) of one square meter.

Citizens can pre-calculate the amount of payments due to them using the calculator of monetary compensation for housing for military personnel, presented on the website of the Russian Ministry of Defense.

Its use is quite convenient due to the multimedia format and the presence of important tips and explanations of the calculation procedure.

Cash payments can be calculated using the following formula:

B = P x C x Kf, where

P – the total area of ​​the apartment that a serviceman is entitled to;

C – price per 1 sq. m in a certain region, presented by the relevant authorities over the last 6 months;

Document

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  Resolution of December 16, 2021 No. 1681

Submitted by the Russian Ministry of Defense.

The amount of monetary compensation for the rental (sublease) of residential premises to soldiers, sergeants, sailors or petty officers and members of their families is established by Government Decree No. 909 of December 31, 2004 “On the procedure for paying monetary compensation for the rental (sublease) of residential premises to military personnel - citizens of the Russian Federation, those undergoing military service under a contract, citizens of the Russian Federation discharged from military service, and members of their families” (hereinafter referred to as Resolution No. 909). These sizes have not changed since 2008. At the same time, the actual costs for renting residential premises significantly exceed the established amounts of monetary compensation.

Factors influencing the amount of monetary compensation

Compensation of the type in question is paid in the maximum amount:

• in Moscow and St. Petersburg - 15,000 rubles;
• in other cities - 3600 rubles;
• in other settlements - 2700 rubles.

The presented payment amounts can be increased by 50% if the following conditions are met:

• three family members live together with a citizen serving/discharged from military service;
• The family of a citizen entitled to payments requires the presence of a residential property and consists of more than four people.

You can clarify the information directly when submitting documents to government agencies.

Latest news about housing subsidies for military personnel in 2020

To calculate the amount of cash payments due in the form of housing subsidies, you can do the calculation yourself or use an online calculator. Such a calculator is located on the official website of the Russian Ministry of Defense. There are detailed explanations and necessary tips here. To quickly calculate housing subsidies for military personnel, it is sufficient to enter information containing data on the number of family members living with the military personnel and on his right to additional meters, if he has it.

• The serviceman is given the right to purchase housing in accordance with his preferences. He can settle in any corner of the country. The choice is not limited to the availability of housing stock of the Ministry of Defense in the region.
• There is an opportunity to benefit from the purchase of housing whose area exceeds the standard size. To do this, you do not need to shell out additional personal funds or resort to obtaining credit money. The reason for this is the fact that in some regions of Russia the purchase of housing results in an amount less than the amount of the subsidy.
• A big advantage is the ability to independently choose housing. The military itself is left to determine whether the layout, floor, availability of auxiliary premises, construction period, wall thickness and ceiling height are suitable for them or not.
• Recently, it has been possible to raise funds from existing maternity capital in cases where the subsidy amount is not sufficient to purchase living space.
• You can purchase real estate ready-made, or you can build your own home.
• The queue to receive government subsidies moves much faster than the queue to receive the housing itself.
• A serviceman who has already been allocated an apartment can, at any time before the registration of ownership rights, refuse it, replacing it with the receipt of funds, if he sees advantages in this for himself.

Other programs to provide housing for military personnel provided for by law

Military personnel can also obtain housing using the “Housing” target program, which will operate from 2021 to 2020.

To participate, individuals must be in need of housing and meet other conditions.

To find out the procedure for implementing the program, it is worth reading the Decree of the Government of the Russian Federation of August 25, 2015 No. 889 “On the implementation of the federal target program “Housing” for 2015-2020.”

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Valiullova Antonina

Expert of the site pravozhil.com

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In 2021, the state is offering a well-developed mechanism for receiving subsidies and compensation for the purchase and construction of housing. Practice shows that mortgage transactions for the purchase of real estate are more popular among military personnel. According to current legislation, you can purchase real estate in any region of the country. At the same time, a serviceman can live and serve in another region and in a rented apartment.

A serviceman who has completed the necessary documents to receive monetary compensation for the purchase of housing or construction of a house should remember that the money will not be given in cash. Cash movements pass only through bank accounts that are indicated in the application.

To obtain detailed information about the possibility of receiving cash payments, I advise you to contact the authorized executive body or directly to the leadership of the unit where the citizen serves.

How is monetary compensation for military personnel in exchange for housing calculated? Where can I find a calculator for monetary compensation in exchange for housing for military personnel? You can learn more about housing programs for military personnel by watching the video:

See also Phone numbers for consultation Jan 13, 2021 kasjanenko 1542

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Calculation of subsidies for military personnel for the purchase of housing

When calculating subsidies for the purchase of housing for military personnel, the length of service coefficient is taken into account. It is calculated in calendar years.

ATTENTION! The longer a military man served for the good of his homeland, the more help he will receive from the state.

As confirmation, we suggest considering the table:

IMPORTANT! With length of service exceeding 21 years, the increasing coefficient increases annually by 0.075 if the serviceman continues to serve the Fatherland. The maximum coefficient does not exceed 2.75.

Purpose of the subsidy

Military personnel could always rely on the state and had benefits for the purchase of housing, but until 2014 it was provided in a slightly different way. All military personnel in need of real estate stood in line and waited until it was their turn to receive the keys to the apartment. The construction was carried out directly by the defense department, using money allocated from the state. This process took a lot of time due to insufficient funding and, in general, the imperfection of this system. The result of such actions was huge queues in which families stood for 10-20 years.

Having understood all the disadvantages of the previously developed program, the Government of the Russian Federation prepared a new project, which has been successfully implemented since 2014. Its essence was that military personnel could purchase housing from any developer or owner. For the purchase of real estate, a special mortgage lending program has been developed and subsidies are provided.

In this case, you are allowed to spend money on purchasing housing:

1. From the primary real estate market.
2. From the secondary market.

The buyer has the right to purchase:

• apartment;
• a private house;
• townhouse;
• land plot for construction.

Or he can build a house with the allocated money or enter into an agreement for shared participation in the construction.

Purchasing a home

The most popular way to invest the allocated subsidy is to purchase ready-made real estate. This option, despite its shortcomings, is also accompanied by a huge number of advantages. The positive points include:

1. Possibility of purchasing and quickly moving into a living space.
2. There are no risks associated with the stated deadlines for the delivery of objects.

With all this, the disadvantage of this method is the price factor - finished real estate properties cost more than those that are still under construction. And if you start building a house yourself, you can save a lot of money.

The subsidy for the purchase of housing is calculated depending on the cost of the selected object and the square footage norm adopted in the given region. The allocated money can be supplemented with your own savings or borrowed funds.

Housing construction

Housing construction implies that the future owner can become a participant in shared construction by concluding a participation agreement with the selected developer, or personally develop a project for a private house and bring it to life.

To allocate a subsidy, the choice of option does not matter; moreover, you will have to report on the amounts spent with a delay, after the facility is completed, put into operation and registered with Rosreestr. There are no restrictions on how the needy person can invest the financial assistance received, but this option can become a problem when it comes to applying for a mortgage loan. Banks will accommodate the borrower if he wants to buy an apartment in a residential building, provided that the developer passes the test and is approved by the lender. But during the construction of a private house, the bank may refuse a loan if there is insufficient collateral for the future loan.

How can a military personnel receive a housing subsidy?

The legislator determines that military personnel who do not have their own real estate and are registered regionally as in need of housing are entitled to receive payment. The submission of documents and the procedure for their consideration by federal authorities is regulated by Government Decree No. 512. The registration period is a calendar month.

After the serviceman and his relatives are recognized as needing housing, an application for a subsidy is submitted.

The authorities competent in matters of providing payments primarily pay financial support to the following categories of citizens:

• persons who previously declared their need for real estate;
• beneficiaries;
• military personnel, including those dismissed from service, raising three or more minors (the law is aimed at improving the demographic situation).

After registration, you need to open a bank account and take the corresponding statement.

The further algorithm of the soldier’s actions is as follows.

1. With an agreement from the bank and an application for subsidy payment signed by each adult family member, you must contact the Ministry of Defense agency responsible for housing provision (or another specialized organization). Their legal representatives sign for children and disabled people.
2. The authorized body, within 10 days after receiving information about the limits of budget obligations, sends a request to Rosreestr to receive information from the Unified State Register about the applicant. This is done to make sure that the serviceman is truly not provided with housing to the required extent.
3. After receiving an extract from Rosreestr, a decision is made on the applicant’s issue within 10 days. If there are no grounds for deregistering a citizen as needy, a payment is issued to the military man. The authorized body prepares the decision according to the template approved and sends it within 3 working days to the financial department of the Ministry of Defense agency closest to the applicant.
4. Within 3 days, a copy of the decision is issued to the military officer against signature.

5.After a few days, the money arrives in your bank account. The citizen is removed from the housing register.

Legislation on the right to receive housing subsidies for military personnel serving under contract

The right to receive a housing subsidy for military personnel performing military service under a contract is regulated by:

• Article 15 “Right to Housing” and Article 15.1 “Norm for the provision of living space. Total area of ​​residential premises" Federal Law dated May 27, 1998 No. 76-FZ (as amended on December 2, 2019) "On the status of military personnel";
• Decree of the Government of the Russian Federation of February 3, 2014 No. 76 (as amended on January 1, 2017) “On approval of the Rules for calculating subsidies for the acquisition or construction of residential premises (living premises) provided to military personnel - citizens of the Russian Federation and other persons in accordance with the Federal Law" On the status of military personnel";
• Order of the Minister of Defense of the Russian Federation dated July 21, 2014 No. 510 (as amended on March 22, 2021) “On approval of the Procedure for providing subsidies for the acquisition or construction of residential premises for military personnel - citizens of the Russian Federation serving under a contract in the Armed Forces of the Russian Federation, and citizens of the Russian Federation dismissed from military service";
• Decree of the Government of the Russian Federation of June 29, 2011 (as amended on December 20, 2017) No. 512 “On the procedure for recognizing military personnel - citizens of the Russian Federation, who are provided with official residential premises for the entire period of military service, as needing residential premises, and providing them with residential premises in their ownership free of charge "

Housing subsidy for military personnel as one of the forms of housing provision for military personnel

Housing subsidy for military personnel is a subsidy for the purchase or construction of housing for military personnel.

Housing subsidy for military personnel:

• paid from the federal budget,
• to exercise the right of military personnel, including those discharged from military service, and members of their families living with them to housing provision through the acquisition or construction of housing.

Housing subsidies for military personnel are provided to those recognized in the established order as needing residential premises by the Russian Ministry of Defense:

• military personnel - citizens of the Russian Federation performing military service under a contract in the Armed Forces of the Russian Federation;
• military personnel - citizens of the Russian Federation, discharged from military service, and members of their families living with them;
• family members of military personnel who died during military service;
• family members of military personnel discharged from military service who died (died) after discharge from military service.

Housing subsidies for military personnel (housing subsidies for military personnel) are provided to:

• in accordance with the sequence of the unified register of registration of military personnel in need of housing,
• by transferring funds to the personal account of a serviceman (family member) in a bank.

Benefits of housing subsidies for military personnel

Advantages of housing subsidies for military personnel (housing subsidies), as one of the forms of housing provision for military personnel:

• allows you to purchase housing in any place of residence chosen by the military personnel, regardless of the availability of ready-made housing stock of the Russian Ministry of Defense;
• allows for the possibility of attracting maternity capital, credit and own funds for the purchase of housing;
• makes it possible to use allocated funds for the purchase of housing under construction;
• makes it possible to independently determine the characteristics (area, layout, floor) and type of housing purchased (apartment, house, cottage).

Calculation of the amount of subsidies for military personnel for housing

Calculation of the amount of subsidies for military personnel for housing is carried out:

• federal executive body (federal state body), in which federal law provides for military service,
• in accordance with the Rules for calculating subsidies for the purchase or construction of housing provided to military personnel, approved. Decree of the Government of the Russian Federation of February 3, 2014 No. 76.

Formula for calculating the amount of housing subsidy for military personnel (P):

P = N x C x Ks,

Where:

N - the standard for the total area of ​​housing, determined in accordance with paragraphs 3 - 6 of the Rules for calculating subsidies for the acquisition or construction of housing provided to military personnel, approved. Decree of the Government of the Russian Federation of February 3, 2014 No. 76;

C is the standard for the total cost of 1 m2 of total housing area in the Russian Federation, determined by the Ministry of Construction and Housing and Communal Services of the Russian Federation;

K is an adjustment factor taking into account the total duration of military service under a serviceman’s contract, established in accordance with paragraphs 7 - 9 of the specified Rules for calculating housing subsidies for military personnel.

Standard for the total area of ​​housing for military personnel

The standard for the total area of ​​housing (N) is established in the following amount:

• 33 m2 of total housing area - for a soldier living alone;
• 42 m2 of total housing area - for a military personnel’s family of 2 people;
• 18 m2 of total housing area - for each member of a military personnel's family - for a family of 3 or more people.

The standard for total housing area (N) is reduced:

• for the total area of ​​housing owned by a military personnel and (or) members of his family;
• for the total area of ​​housing occupied by a military personnel and (or) members of his family under a social tenancy agreement, if in relation to this area these persons do not undertake a written obligation to terminate the social tenancy agreement, vacate it and transfer it to the body that provided the housing;
• by the total area of ​​housing by which, as a result of actions committed by a military personnel and (or) members of his family and civil law transactions, the size of the occupied (available) housing was reduced or in respect of which alienation was made (such a reduction is made within 5 years from the date of commission of these actions or civil transactions).

The above standard for the total housing area (N) increases:

• by 15 m2 if the serviceman has the right to additional housing space provided for in paragraph 2 of Article 15 “Right to Housing” of Federal Law No. 76-FZ “On the Status of Military Personnel”.

Application of correction factors when calculating housing subsidies for military personnel

The correction factor (K) for military personnel is set in the following amount:

• with a duration of military service from 10 to 16 years - 1.85 ;
• with a duration of military service from 16 to 20 years - 2.25 ;
• with a duration of military service from 20 to 21 years - 2.375 ;
• starting from the age of 21, the correction factor ( 2.45 ) increases by 0.075 for each year of military service over 21 years - up to 2.75 inclusive.

To the persons specified in paragraph 3.1 of Article 24 “Social protection of family members of military personnel who have lost their breadwinner” of Federal Law No. 76-FZ “On the status of military personnel”:

• the correction factor ( K ) increases to 2.75 .

For military personnel:

• whose total duration of military service ranges from 10 to 20 years and
• which are specified in paragraph 13 of Article 15 “Right to Housing” of Federal Law No. 76-FZ “On the Status of Military Personnel”,
• the correction factor increases to 2.375 .

Standard for the total cost of 1 m2 of total housing area in the Russian Federation (C):

• determined once every six months by the Ministry of Construction and Housing and Communal Services of the Russian Federation.

The procedure for receiving housing subsidies for military personnel

The procedure for receiving housing subsidies for military personnel serving under a contract in the Armed Forces of the Russian Federation is regulated by:

• Order of the Minister of Defense of the Russian Federation dated July 21, 2014 No. 510 “On approval of the Procedure for providing subsidies for the acquisition or construction of residential premises to military personnel - citizens of the Russian Federation serving under a contract in the Armed Forces of the Russian Federation, and citizens of the Russian Federation dismissed from military service” (ed. dated March 22, 2019).

Stage 1. Submitting an application for a housing subsidy to military personnel

To receive a housing subsidy, a serviceman must submit to the Housing Department of the Ministry of Defense of the Russian Federation:

• agreement on opening a bank account and
• application for transfer of housing subsidy indicating bank account details.

Housing subsidies are provided to military personnel:

• in order of priority in accordance with the date of their registration as those in need of housing,
• and if the specified dates coincide, the determination of priority is carried out based on the longest total duration of military service of the serviceman on the date of registration as a person in need of housing.

Stage 2. Checking the existence of grounds for receiving a housing subsidy for military personnel

Housing Department of the Ministry of Defense of the Russian Federation:

• sends a request to the Federal Service for State Registration, Cadastre and Cartography (Rosreestr)
• in order to obtain information from the Unified State Register of Rights to Real Estate and Transactions with It (USRN) about the right of a military serviceman to housing throughout the Russian Federation.

Stage 3. Consideration of a serviceman’s application for a housing subsidy by the Housing Department of the Ministry of Defense of the Russian Federation

The decision to provide housing subsidies to military personnel is made by the Housing Department of the Ministry of Defense of the Russian Federation in the absence of grounds for removing them from the register of those recognized as needing housing after receiving:

• information from the Unified State Register of Real Estate on the rights of military personnel to housing throughout the Russian Federation;
• copies of identification documents of the military personnel (military personnel discharged from military service and family members living with them);
• information about the availability (absence) of housing:

  occupied under social tenancy agreements and/or owned by a military personnel (members of his family),

• as well as the availability (absence) of specialized housing stock occupied by a military personnel (members of his family) as of the date of submission of documents;

If a serviceman has changed his place of residence within 5 years before the date of receipt from the Housing Department of the Ministry of Defense of the Russian Federation of a notification of readiness to provide a housing subsidy:

• then he submits to the Housing Department of the Ministry of Defense of the Russian Federation extracts from house books and copies of financial personal accounts from these places of residence for the specified period.

Stage 4. Making a decision to provide a housing subsidy to a military personnel

The decision to provide a housing subsidy to a military personnel:

• accepted by the Housing Department of the Ministry of Defense of the Russian Federation no later than 10 working days after the date of receipt of the above documents;
• If the specified documents are not received by the Housing Department of the Ministry of Defense of the Russian Federation within 30 days from the date the military personnel receive the notification, the housing subsidy is provided to other military personnel in order of priority.

The decision to provide a housing subsidy made by the Housing Services Department of the Ministry of Defense of the Russian Federation is drawn up according to the established template.

Stage 5. Sending the decision to provide a housing subsidy to a military personnel to the financial authority

The decision to provide a housing subsidy to a military personnel:

• with the attachment of an agreement on opening a bank account and a serviceman’s application for the transfer of a housing subsidy indicating the bank account details
• within 3 working days from the date of its acceptance
• sent by the Housing Services Department of the Ministry of Defense of the Russian Federation to the department (department) of financial support of the Ministry of Defense of the Russian Federation assigned to it for the constituent entities of the Russian Federation.

A copy of this decision is issued by the Housing Department of the Ministry of Defense of the Russian Federation:

• within 3 working days from the date of its acceptance against signature by the military personnel
• or sent in a way that allows the military personnel to establish the fact that they received such notification,
• and is also sent to the personnel authorities of the Armed Forces of the Russian Federation.

Stage 6. Transfer of housing subsidy funds to the serviceman’s account

Housing subsidies are provided to military personnel:

• by transferring them on the basis of the above documents to the bank account specified in the application for transfer of housing subsidies.

The financial authority, within 3 working days from the date of receipt from the Federal Treasury of information on the transfer of a housing subsidy to the bank account of a military personnel:

• notifies the Housing Department of the Ministry of Defense of the Russian Federation about this.

Housing Department of the Ministry of Defense of the Russian Federation:

• within 3 working days after receiving a notification from the financial authority about the transfer of a housing subsidy to the military personnel’s bank account
• makes a decision to remove a serviceman from the register of those recognized as needing housing and
• issues a copy of the decision on deregistration to the serviceman against signature or sends it in another way that makes it possible to establish the fact that the serviceman received a copy of the decision on deregistration of those recognized as needing housing;
• no later than 3 working days from the date of receipt of the notification from the financial authority about the transfer of a housing subsidy to the serviceman’s bank account, the personnel authorities of the Armed Forces of the Russian Federation are informed about this.

The procedure for providing housing subsidies to military personnel of other law enforcement agencies can be found in the relevant orders, for example:

• Order of the Ministry of Emergency Situations of Russia dated May 21, 2021 No. 265 “On approval of the Procedure for providing housing subsidies and living quarters to military personnel - citizens of the Russian Federation serving under contract in military rescue units of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief” ;
• Order of the Federal Service of the National Guard Troops of the Russian Federation dated September 28, 2021 No. 428 “On approval of the Procedure for providing subsidies for the acquisition or construction of residential premises for military personnel - citizens of the Russian Federation, undergoing military service under a contract in the troops of the National Guard of the Russian Federation, citizens of the Russian Federation dismissed from military service in the troops of the National Guard of the Russian Federation";
• Order of the Investigative Committee of the Russian Federation dated February 17, 2021 No. 34 “On approval of the Procedure for providing subsidies for the acquisition or construction of residential premises to military personnel undergoing military service under a contract in the military investigative bodies of the Investigative Committee of the Russian Federation, and to citizens of the Russian Federation dismissed from military service in military investigative bodies bodies of the Investigative Committee of the Russian Federation";
• Order of the FSB of Russia dated October 15, 2014 No. 587 “On approval of the Procedure for providing subsidies for the acquisition or construction of residential premises for military personnel - citizens of the Russian Federation, serving under a contract in the federal security service, and members of their families”;
• Order of the General Prosecutor's Office of the Russian Federation dated April 10, 2021 No. 255 "On the procedure for providing military personnel of the military prosecutor's office with residential premises and providing them with subsidies for the acquisition or construction of residential premises."

If you have any questions about the violation of your rights, or you find yourself in a difficult life situation, then an online duty lawyer is ready to advise you on this issue for free.

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