Is it possible to get a military mortgage if you already have an apartment: decision of the Supreme Court

Providing apartments to military personnel

Previously, it was somewhat easier to obtain housing for military personnel, since this was carried out directly through military units. Yes, of course, the commanders could be cunning and vary the position of the queue at their discretion. But there was someone to ask. Now an entire housing department of the Ministry of Defense (JO MO) has been organized. It is there that they put military personnel on the waiting list for housing and make decisions about who will be given which apartment.

This supposed transparency has led to the fact that even the most basic issues take a very long time and are difficult to resolve, and also papers are constantly lost for some reason or lie idle for a long time. And the result is that there is simply no last resort and there is no one to ask.

Military personnel want to clearly see the movement of the queue for housing and receive competent answers to their questions. However, at present, on the official website of the department there is no information that interests everyone, and over the phone they most often brush off the military with standard phrases and do not provide complete and reliable information.

What to do if security is denied?

People turn to us in cases where, due to some circumstances, people find themselves excluded from the waiting list of military personnel classified as needing official housing. Numerous court decisions, which were the consideration of administrative cases, show that with a correctly constructed legal position, this category of cases is not hopeless and has its own controlled process.

After citizens contact us with this question, we determine and evaluate the prospects of this case and provide advice. We determine the scope of work, prepare the necessary package of documents, and submit it to the court. Next, we represent the interests of military personnel in the judicial authorities. Until a court decision is received. With a note about its entry into legal force. The main task of the category of these cases is the recognition of a person who has a contract for military service and needs to be provided with official living quarters. Or restoration of the right to be in the queue to receive it.

Which military personnel are entitled to an apartment?

It's no secret that the life of military personnel is such that sometimes you have to move quite often from one unit to another. Such moves are complicated by the fact that similar military units may be located in different regions of the country.

In the event that a person does not have permanent housing at the place of service, he must be provided with official housing within 3 months. The legislation of the Russian Federation determines that residential premises are provided only to certain categories. According to clause 1 of Article 15 of the Federal Law “On the Status of Military Personnel”, service apartments are provided for the entire period of service:

• Officers who have concluded their 1st service contract and who live with their families.
• Those who graduated from military universities and therefore received a military officer rank, as well as their families living with them.
• Those serving under contract in closed camps and their families.
• Sailors and soldiers, midshipmen and warrant officers, as well as petty officers and sergeants who entered service under a contract and their families.

The following are not entitled to apply for apartments for military personnel:

• serving on conscription;
• students and cadets of educational institutions without officer rank;
• not having Russian citizenship;
• retired or reserve military personnel;
• military personnel entering into a second contract and if less than 5 years have passed since the first contract;
• those who have permanent housing in nearby settlements to their place of service.

The rental agreement for office housing is concluded for the period of validity of the contract. After this, such housing must be vacated within 3 months.

Sequence when obtaining a mortgage

The conditions of the funded mortgage system, which gives the right to obtain ownership of a residential apartment, are strictly regulated for contract military personnel. Social assistance is due when:

• The serviceman is registered in the registry of the savings mortgage system;
• A period of three years has passed since the first money was deposited into a personal account. To confirm this, it is necessary to submit a report to headquarters stating that the employee wishes to receive a certificate of legal right to participate in the funded mortgage system and the right to receive housing loans;
• The above certificate was received in hand;
• An apartment and a banking institution where the mortgage will be issued have been selected;
• The agreement with the housing lending center was signed with the selected banking institution and the Ministry of Defense of the Russian Federation;
• Obtaining a certificate of ownership for the purchased apartment.

The conditions of the program for obtaining a military mortgage under a contract are such that it begins to operate immediately after choosing a bank and completing the relevant documents with it.

Quality of apartments for military personnel

In 2021, 36 billion rubles were allocated from the budget of the Russian Federation to provide military personnel with permanent and service housing. However, the situation with the problems of providing them with housing has not been resolved. According to the Accounts Chamber, for 2021, only about 10% of the funds allocated for construction were used.

This is partly due to the geographical locations of the apartments. Naturally, new buildings for military personnel are in greatest demand in St. Petersburg, Moscow and the Krasnodar Territory.

But the rather large lack of occupancy of houses is also caused by the fact that people are not satisfied with the number of floors, layout or problems associated with the transfer of housing ownership.

Can they give compensation?

Instead of receiving ownership of the living space, a serviceman can receive a subsidy.

Conditions for providing compensation:

• Recognition of those in need of housing.
• Being on the housing register.
• Opening a bank account where the funds will be transferred.
• Submitting an application for a subsidy instead of an apartment in a housing estate.

The JO calculates the amount of the subsidy independently. The calculation of compensation depends on:

1. Numbers of family members . The amount of living space provided depends on this. 33 sq.m. per person. meters, for two – 42 sq. meters. For each additional person, another 18 square meters are added. meters.
2. Cost per square meter of housing . The price per square meter is determined at the federal level.
3. Service life . The correction factor depends on it.

The JO informs about the amount of the subsidy and the period for its payment. When the money is transferred to the current account, the applicant is removed from the housing register.

Below you will find complete information regarding the dismissal of a contract serviceman:

• how a military man should retire from service;
• How does this process proceed at the end of the contract, according to the age limit, regarding non-compliance with the terms of such an agreement;
• how the report is drawn up and executed and what is the procedure for early termination;
• what payments are due and whether retraining for further professional implementation is possible.

New buildings for military personnel in Moscow

For example, let’s take the Moscow microdistrict “Molzhaninovo”. It was built in the Podrezkovo industrial zone without permission from local authorities. This place was prohibited for housing construction by the Russian Town Planning Code. “Molzhaninovo” is located in the airport area and has absolutely no infrastructure. During the construction of houses near the airport, the height of the buildings was extremely compromised (exceeding by 34 m), the noise level exceeded all norms.

Also, during the construction of this microdistrict, the Town Planning Code of the Russian Federation was violated, and many buildings of this new building for military personnel cannot be put into operation due to numerous violations. There is also an opinion that all buildings in general will most likely be demolished. What should military personnel who are hoping for an apartment from the state do? Should we agree to unlivable housing provided under benefits for military personnel, or continue to wait?

Of course, people are abandoning such housing en masse. And “Molzhaninovo” is not the only place where people do not want to move, and new buildings for military personnel remain uninhabited. As a result of such management errors, more than 60 thousand people did not receive housing.

It is worth mentioning that it is planned to organize modern military camps with developed infrastructure. It is planned to reconstruct existing garrisons, as well as build new ones. By 2021, there should be no less than 495 such military camps in Russia.

Criteria for the proposed square meters

Housing provided upon dismissal must meet the following requirements:

• The standard norm for the military is 18 square meters. meters per person. This includes residential and non-residential premises of the apartment (house). If there is no suitable housing, the norm may be exceeded, but not by more than 18 square meters. meters.
• Housing must comply with established sanitary and technical standards.

If, after submitting an application, the military’s living conditions change, he has the right to claim additional square meters. But at the same time, you need to submit the relevant documents to the housing register on time.

Obtaining a housing certificate

The result of the housing reform is a housing certificate for military personnel and their families. It is a personal certificate that gives the right to a free subsidy when purchasing housing. The document must include the full name of the owner, the amount of the subsidy and the name of the locality where the serviceman intends to purchase housing. This military certificate is issued once and is not transferable to another person.

Citizens who have served for at least 10 years and have been discharged from military service and do not have their own permanent housing are entitled to receive a housing certificate for military personnel. They are recognized as in need of improved housing conditions. These include:

• Those families that have an apartment, but the area per person is below the minimum.
• Military personnel living in buildings that do not meet technical and sanitary requirements.
• Living in a dormitory.
• Unrelated families living in the same apartment.

Guarantee of apartment provision

Federal Law No. 76 of May 27, 1998 in Art. 23 prohibits the dismissal of military personnel who have served for 10 years or more and are in need of living quarters without resolving their housing issue. You can be fired without housing or subsidies only in three cases:

1. The military man agrees to resign.
2. The military man refused the housing or subsidy offered to him.
3. The military man did not provide the necessary documents for registration of housing within 30 days. 30 days are counted from the delivery to the citizen of a notification of readiness to provide him with housing or a housing subsidy.

All this applies only to cases when military personnel are dismissed due to reaching the age limit, deteriorating health or general impairment, that is, for good reasons. If the reason for dismissal is the employee’s violation of the terms of the contract, the guarantee of obtaining housing before dismissal does not apply.

Housing benefits for military personnel

The size of a one-time subsidy for the purchase of housing is usually about 80% of the cost of housing. The serviceman must pay the remaining 20% ​​of the cost himself. If the total service life exceeds 25 years, the subsidy amount increases and is 100%. The amount is calculated on the date of receipt of the housing certificate for military personnel and is based on the average market value of housing at that time.

Living space standards are:

• For single people – 33 sq.m.
• For a family of 2 people – 42 sq.m.
• For families of 3 or more people - 18 sq.m. for everyone.

The grant may be in the form of a sum of money in a bank account or in the form of housing in a completed construction project. Using the certificate, both new and secondary housing can be purchased that meets the required sanitary and technical standards and space standards.

The certificate must be used within 3 months from the date of its registration. It is necessary to select an apartment within the specified period and provide the bank with a purchase and sale agreement for the apartment. Otherwise, the certificate will expire and the person will have to be reinstated in the queue for housing. After all, upon receipt of a military certificate, he is excluded from it.

Free housing

We should not forget that contract employees have the right to receive temporary office and free apartments.

Providing housing to military personnel without any further conflicts or difficulties is possible by participating in the savings mortgage program. According to the law, it is given to every contract employee with ten years of service, and if all requirements are met, they are given it without controversy.

https://www.youtube.com/watch?v=rbhTQ9Q4-Tg

Mortgage conditions for military personnel

Military personnel who want to take advantage of a military mortgage must understand how such a system works: an account is opened for the participant, and certain amounts of finance are transferred to it annually. The funds can be used only after 3 years as a down payment for housing and only in certain banks participating in the program. Next, the state continues to pay amounts into your account, but this time paying off the mortgage debt.

There is another option. Accumulate the amount that will be transferred to the military for about 20 years and immediately after dismissal, take it back and purchase housing. Those citizens who leave the ranks of the Russian armed forces without a good reason are obliged to return the entire amount spent to the state.

To summarize, we can conclude that at present it is easier for a serviceman to get an apartment by using a housing certificate or a mortgage for new buildings or secondary housing. It is much more difficult to obtain ownership of municipal housing in turn. It is easier to get housing in the Central Residential Complex or the Red Aksai Residential Complex.

Interesting video on the topic.

What documents are needed to complete the application and submit it?

In order to register as a person in need and subsequently obtain ownership of housing, a serviceman needs to collect a package of documents. It is installed in the instructions, approved. by order of the Ministry of Defense of September 30, 2010 No. 1280. This includes:

• Copies of passports and birth certificates.
• Copies of marriage or divorce certificates, if the serviceman has a spouse or is divorced.
• Extracts from house books for the last 5 years for each family member, including the military.
• Copies of financial personal accounts from their places of residence also for 5 years.
• Copies of documents confirming the right to additional social guarantees, for example, additional meters.
• Information about whether the military man and his family members occupy residential premises under social tenancy agreements and on the right of ownership. The form to fill out is in the named Order of the Ministry of Defense No. 1280.

Copies of documents must be provided in certified form or together with the originals.

The state is trying with all its might to attract more and more citizens to military service and make it truly attractive to the younger generation. The list of guarantees from the state also includes housing. If a serviceman has served the time required by law, he does not have the right to be dismissed without the provision of housing or without a subsidy for its purchase.

The procedure for providing housing

Provision of housing for discharged military personnel is carried out according to the compiled consolidated lists.

To compile these lists, the relevant authorized bodies send notifications to citizens indicating:

• list of required documents;
• housing options;
• deadline for submitting documents;
• contact details of the authorized body and appointment schedule.

The priority in the lists of registration of discharged military personnel without housing is formed on the basis of the date of occurrence of the need for improvement of living conditions. The first priority in these lists is given to the families of military personnel who died or died while serving under a contract, or after dismissal due to age, illness or general medical conditions, but who received the right to housing on the basis of Federal Law-76 until the death of the discharged serviceman.

The mandatory criteria for inclusion in the list of dismissed citizens without housing are:

1. The emergence of the right to need housing before 01/01/2005.
2. Providing the housing registration authority with a complete list of relevant documents.
3. Selecting an option for providing housing and written confirmation of this choice.

The personal document of a discharged serviceman is the Housing Purchase Certificate. Such a certificate is issued in the unit at the place of dismissal of the contract soldier or at the military commissariat. The original certificate is sent to the appropriate military registration and enlistment office, and a copy is kept in the personal file of the dismissed citizen. At the request of a citizen, a copy of the Certificate may be issued to him by the military registration and enlistment office.

The certificate is valid for six months, and if it is necessary to replace it due to objective circumstances - 3 months. For valid reasons, this period may be extended for another month.

If the Certificate is not used or is not in compliance with its validity period, it is invalidated. The canceled document is kept in the file of the dismissed citizen.

At the expense of funds allocated under the housing program by the federal budget, a military pensioner can buy new or secondary housing, as well as upgrade an apartment in a housing cooperative.

The costs associated with registering ownership of an apartment are borne by the citizen dismissed from service; the housing is given to the ownership of all family members.

Using lump sum cash payments

EDV for the construction or purchase of housing for a military personnel who decides to receive this benefit is made upon receipt by the authorized body of an extract from the list of dismissed citizens in need of housing.
With housing benefits, a discharged serviceman can pay for:

• buying an apartment;
• initial loan payment;
• principal loan debt and interest, excluding other interest (fine, penalty, commission);
• construction of an apartment or your own house, including in a village;
• the difference in the price of your own apartment and the cost of a purchased apartment with a larger area.

When purchasing an individual house with a plot of land, you cannot pay at the expense of the EDV the cost of the plot itself and the buildings located on it.

Standards for living space area calculated at EDV

When calculating the size of the EDV, the total area of ​​the housing property is calculated according to two criteria:

1. For a family member - no less than the norm established by the local government when allocating housing.
2. Citizens living alone - no less than double the standard for providing housing.

A dismissed citizen can purchase or build, with the help of EDV, an apartment or an individual house at will in the territory of any municipality, regardless of where he is registered as in need of improved housing conditions.

Standards for the area of ​​allocated residential premises

When transferring housing to a dismissed pensioner free of charge, under a social lease agreement, or when a citizen uses the right to a larger area, the total area provided can range from 15 to 25 square meters.
m. Exceeding this norm is allowed by 9 square meters. m due to the design features of an apartment building.