Legal advice: Registration in official housing

Registration in a service apartment

• Is it possible to be considered a low-income family based on temporary registration in a service apartment?
• Is it possible to register in a service apartment or make a temporary registration?
• Does the landlord have the right to refuse permanent registration in a service apartment?
• Temporary registration in the apartment
• Registration in an apartment share
• Registration in your apartment
• Registration of documents for an apartment
• Apartment registration

Is it possible to be considered a low-income family based on temporary registration in a service apartment?
Is it possible to register in a service apartment or make a temporary registration?

Does the landlord have the right to refuse permanent registration in a service apartment?

At the moment we live with a minor child in a service apartment, and we are divorcing my husband. This apartment has temporary registration.

Do they have the right to evict me from an apartment that belongs to the service fund of the Moscow Region, if I did not have an employment relationship with the Moscow Region, I live in the apartment under a rental agreement for residential premises. The agreement was drawn up on the basis of a court decision in October 2004, but has not been preserved at present. There is a permanent registration, an entry in the house register and a financial and personal account has been issued.

I received a service apartment, but they registered me in it only temporarily. Can I get permanent registration in this apartment?

Can a combat veteran obtain permanent registration in a service apartment?

I am a researcher and have received a service apartment, do I have the right to permanently register myself and my son in this apartment? At the moment, my neighbor (same conditions) only received temporary registration. If I have the right to permanent registration, what can I refer to to convince the relevant authorities?

I am a tenant of a municipal apartment under a service lease agreement. Can I make a temporary registration for a non-family member?

'Information from the legal social network https://www.9111.ru was used'

I have two sons from my first marriage, they are 18 years old and are registered with me in a service apartment and transferred from their mother’s registration card to mine. When submitting documents for a subsidy, they were not accepted. Why?

The organization provided my husband with a service apartment. My husband, my minor child and I registered there. My husband terminated his employment contract, we vacated the apartment (handed it over to the commission), but did not check out. I assume that we will be discharged through the court. But how can we know that we have been discharged? As far as I understand, you cannot be registered anywhere, are there fines for this? How can we understand that the court has decided to terminate our registration in that apartment?

We are going to register our marriage with a young man. A young man is an employee of the Ministry of Emergency Situations and has official housing, can he be evicted from official housing after registering his marriage if I own an apartment purchased with a mortgage and it is 30 sq.m.?

We are a large family, our husband is a contract serviceman, we live in a service apartment, we are registered temporarily, can we get permanent registration?

Attention! Reply from a user who is not registered as a lawyer.

You can, with a limitation on the term of the rental agreement for a service apartment.

At the moment I live with my children in a service apartment. Can I make a temporary registration? If so, how?

My mother and I never had our own home. We lived under permanent registration with friends for 20 years. At the moment, we have not had permanent registration for about three years, there are only temporary registrations: my mother has her sister in a communal apartment (the sister lives with her husband and adult child, room 18 square meters); I share a service apartment with the spouse of a military man.

Please tell me, is it possible in this case to recognize the mother as low-income and in need of housing?

Register in service housing for military personnel

I am a divorced military man; we have official housing and two underage children, 4 years old and 6 years old. They are not registered in official housing. My wife wants to register with the children in order to continue living in a service apartment, since I want to rent out a 2-room apartment and get a 1-room apartment for myself. Does she have the right to register?

Registration in a service apartment! The husband is a military man, he received an improvement in service housing, he was discharged from the previous one, but he is not registered in the new service housing. Prescribed in part. Is this legal? Is it possible to register at the apartment? After all, this directly infringes on our rights!?

How to register permanently in a service apartment if the East Region Housing organization issued a rental agreement only for a contract period of 4 years. I am a serviceman of the Russian Federation.

The serviceman is registered in official housing at his previous place of service. Is it possible to register at a new place of service without going to the previous city?

I am a military serviceman, I have a temporary Moscow registration, I have official housing in the city of Polyarny, Murmansk region, so that I could be discharged from there; as an option, I am ready to register in Moscow (have a permanent residence permit), for example for a month. QUESTION: Will this then become an obstacle to obtaining housing from the Ministry of Defense?

I'm a military man. My family and I are registered at a military unit. I live in service housing. Recently, they have been forcing me to register with my parents because, before receiving official housing, I was registered with my parents and supposedly did not have the right to register with the unit since I am local. Otherwise, they threaten me not to register me for permanent housing upon reaching 20 years of service.

My husband is a military man and has an apartment in joint ownership with his son. If he gets a deed of gift to the city administration. After this, register in official housing. So can he be eligible to receive a housing certificate?

The bottom line is this: a year and a half ago, we were given official housing under a rental agreement for official residential premises. All this time we (my husband, a soldier, me, and a young child) were registered in the control building. Now my husband has submitted a report to be recognized as needing permanent housing, and then the lawyers are breaking headlong URGENTLY demanding that we be discharged and registered in the office. What is it for? Where is it more profitable for us to be registered in order to get our own housing upon reaching 20 years of service (currently 17 calendars)

I am a contract serviceman. Do I have the right to register in a unit if my previous registration is in the same locality as the unit in which I serve? I am registered with my father, but I already have my own family. And I want to register with the unit in order to collect documents for official housing.

Serviceman. Two years ago I got an apartment. I registered it for myself, my wife, and my daughter in equal shares. Now divorced. I transferred my share to my wife. Checked out of the apartment. There is no intrigue either. Do I have the right to register with the unit? Do I have the right to receive official housing?

There is such a problem! I am a military man, I arrived at a new duty station, received official housing, but I cannot register in it permanently. At the passport office they said that your contract is urgent, because... concluded for 3 years only. What to do? After all, permanent registration gives you the right to receive a lifting allowance and other rights!

I am a former military man and a pensioner of the Ministry of Internal Affairs, being a military serviceman of the Armed Forces, I got married, lived in a service apartment in the Far East, fell under the reduction of OSH and came to Biysk for permanent residence where I lived in my wife’s apartment, which belonged to her by inheritance.

Since I did not fall under the status of needing housing, I was not put on the waiting list and was not provided with an apartment.

He continued his service in the Ministry of Internal Affairs, where he also did not get on the waiting list since we had my wife’s apartment.

After retiring, he divorced his wife and was left homeless

How can I get my corner and where can I register?

I am a former military man, retired from the reserve. But I, my wife and a minor child are registered with the unit (not in official housing). The military unit filed a lawsuit against me and my family for forced deregistration. Is it possible for a child to be discharged on his own, without consequences? Is it also possible to temporarily register with friends and at the same time deregister during military service?

My husband is a military man, he has been serving for 13 years, we live in a ZATO, he is registered in a service apartment, and I am in a municipal one. He wants to register with me, since renovations have been done here, and his brother is also registered in his apartment. Do I need to earn my apartment in order for my husband to have the right to a certificate, or can I get housing with a certificate with municipal status? Thank you!

My husband is a military man, we have been living in a service apartment for almost two years under a rental agreement. During this time we had a child. And only now we were allowed to register, all three of us, in this apartment. The question is this: maybe soon the spouse will be transferred to another ministry, but the status of a military serviceman will remain. Can we be evicted and discharged from this housing? I am especially interested in how they can discharge a minor child? Of course, the rental agreement stipulates: the contract ends, the housing must be vacated!

I am a contract soldier, I live and serve in Sochi, when I was a child, my mother was given housing under a social contract. hiring, in the city of Sochi, therefore I was included there in the fact that I have equal rights and responsibilities, now when I joined the army they offered me to get service housing, I agreed, but for this I was told I needed to check out and register in the unit and collect the necessary documents, I did everything like that, checked out and registered in parts, collected the necessary documents and sent my documents along with a representative, after which when he arrived in Novorossiysk in the south of the region, he called me and said that I was refused to be put on the waiting list for official housing, citing the fact that I had already imagined housing, please tell me what should I do now?

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I am a military man, permanently registered with my parents. Their apartment was privatized, but I did not participate in it. In order for me to get on the queue for service housing in the unit, I need to sign out from my parents, register with the unit, and five years after privatization, get on the queue. Or my parents sue me, discharge me and I immediately get in line. Please tell me what documents my parents need to collect and where (to whom) should they submit them?

Being married to a military man, we were allocated official housing, then a warrant was provided for it and later my husband privatized it, I refused privatization. My husband exchanged this apartment for another, and before I could register, I left for another duty station. (I am also a military personnel, but when a service apartment was provided, I was not one) After several months, the husband files for divorce. Having returned to my original place of duty, I applied for registration as a person in need, but I was denied due to the fact that I had already received housing. Can I appeal this decision?

This is the situation. At the moment, I, along with my children (16 and 18 years old) and my ex-soldier husband, are registered in a service apartment, which he received at his place of service. Now he gets an apartment for himself and his children and demands that everyone be released from the official housing. If I am discharged, I will lose not only my housing, but also my registration, I will become homeless, since I have nowhere else to live. Currently I can’t live at my place of registration, since my ex-husband and his partner live there. I live with my children in a rented apartment in a neighboring city. Question: can I be discharged from a service apartment without my consent? Can I register with a minor child through the court (in case of divorce, the child’s place of residence is determined with the mother)? Can I register with an adult child? What is needed for this? Please help me not to become homeless! Tell me what can be done in my situation?

Such a difficult situation. Help me to understand!

Tell me, is the housing commission right? What should a wife do and what articles of the law should she rely on in order to get her son separated from her husband, get a divorce and be recognized as needy, and receive official housing on all grounds?

I am an orphan and recently received an apartment under the housing program for orphans. I am going to privatize it (no one lives in it now). My husband is a military man and has not yet received housing from the state. The lawyers of this site have already given me the answer that if I own housing, my husband will be excluded from the list of those in need of improved housing conditions, and if there are children, according to the space standards, he can be included in this queue. I would like to consult on the following issue: my husband and I currently live in a service apartment, my husband has been renting this apartment for 7 years. This apartment is municipal. My husband is not in the queue to get an apartment, because he was told that to be placed on this queue he needs to be discharged from the service apartment and registered with the unit, and so, if he has a service apartment, he is considered to be provided with housing, and his turn is they won't deliver. At that time, we had nowhere to live, and renting an apartment was expensive, so we did not vacate this apartment and my husband did not join the queue. Tell me: can my husband privatize this service apartment? Or if I have an apartment, will the administration refuse privatization? Best regards, Alena.

Please tell me, can we register the whole family (husband + wife + son + son) + wife’s mother (hostess) in this room? Will children be allowed to be re-registered with deteriorating space standards?

In such a situation, do I have the right to retain the right to rent office housing without being registered in it? Thank you in advance.

I am a reserve soldier. Received a subsidy for housing construction. Signed an eviction agreement within 4 months. During this time the house was not built. Regional management lived. security took me to court for eviction. But during this time, my daughter, who was registered in the apartment, had a child. And I also registered him in the service apartment. Can I delay renting out an apartment due to the impossibility of registering somewhere? the house is not finished yet. And most importantly, can the court evict a minor child with me?

My husband and I have been married for 6 years, we have two children aged 3. I want to file for divorce, but my husband is categorically against it. Tell me, if I go to my parents in another city, will I be able to file for divorce from there? And what you need to do? Do I need to check out of the apartment where we live now and register with my parents? And what kind of registration will the children have in this case? And what will happen to the apartment after a divorce if the husband is a military man and the housing is official and not privatized? And will the court be able to leave the children with my husband if I haven’t worked all this time and am just going to get a job?

I am a soldier of the Russian Defense Ministry. I live in the city of Lodeynoye Pole, Leningrad Region, in a 2-room service apartment under a social tenancy agreement. My wife and 2-year-old daughter are registered with me. At the moment, my wife’s mother lives with us under temporary registration. My mother-in-law was registered in the city of Tambov, but at the end of August 2008, at our request, she checked out of her accommodation in Tambov in order to register with us. The address sheet indicated our address as the place where he was being discharged. What documents do you need to collect to register your mother-in-law in this apartment? If I need to recognize her as a member of my family, then what should I do for this? Thanks in advance for your answer.

Is it possible to move the battery to the balcony?

Question: 1. Do the wife and daughter have the right to this property or can they get another apartment through the court? 2. Did the military unit commander have the right to remove them from the queue for housing? 3. Is it possible to divide property (apartment) when spouses divorce?

The serviceman, along with the necessary documents for permanent housing, submitted an obligation to vacate official housing within 2 months from the date of conclusion of the social security agreement. hiring On July 8, I came to the 1st department of West RUZHE to conclude an agreement, after it was completed, they did not give it to me, they only gave me a decision to move into a new place of residence and open a personal account. First, I demanded that I check out of my official living space, close my personal account, bring a certificate of occupancy, after which I can pick up my contract and register. The apartment that I was given had many shortcomings; the builders still had not eliminated everything; in addition, during this period I was in the hospital and undergoing treatment after a fracture. In the order of the MORF No. 1280, in the list of documents provided to military personnel on the DSN, it is written: provide a certificate of housing delivery, or a notarized obligation to vacate housing. Is it legal for the workers’ demands to be deregistered? Do I have the right to demand that they give me the DSN, Form No. 6 for registration, and register at a new place of residence, after which I am automatically deregistered from my previous place of residence. What regulations can I refer to in this case? Thank you.

My husband is a military contact. The service has already been 21 years, and the age is 51 years. The contract ended last year beyond the limit. He does not draw up a new one, since everyone is satisfied with the decision of the Supreme Court in 2003 that he is serving under a contract voluntarily and until he writes a report, then do not touch him. He serves well, he is an experienced technician, and he doesn’t want to leave yet. But I have a problem. Last year, I left my ex-husband and was going to register at my husband’s place of service at a military unit. But, since there is no new contract, the contract for official housing has not been renewed. Because of this, I cannot get temporary registration at the address, and without registration I am denied permanent registration at the unit. I have been without registration at all for a year now. Can I register in part under these conditions?

Source

General information about registration

Resolution 713 developed registration rules back in 1995. The rules are still relevant today, but they change occasionally (the last changes were made in February 2021).

According to the rules of the Rules, registration can be:

• permanent (in one’s own apartment or house, with relatives or in other housing, including rented housing, where a person has settled for a long time);
• temporary (for the period of study, work, recreation or for other reasons, when a person leaves his permanent home for another longer than 3 months).

Where can I apply?

Although the Migration Service (FMS) was abolished in April 2016, its functions were transferred to the departments of the Ministry of Internal Affairs on migration issues. Passport offices operate in the same mode and at the same addresses, the same documents are required. That is, except for the name, nothing has changed.

As before, it is the passport office that deals with registration/extract. If the procedure is completed in another place, the registration information still flows here and is entered into the federal register.

The influence of family ties on registration

What to do if you need a wife’s registration in her husband’s apartment, a relative’s registration in the apartment, or a non-relative’s or mother’s registration in the apartment? Registration rules do not make any difference between the relatives of the owner of the premises or strangers if the apartment is privatized. That is, the owner is free to register anyone he wants in his home . Registration algorithm:

• the new tenant and the owner of the apartment go to the passport officer together;
• The documents needed are: passports, children's certificates, property certificates and, if required, a house register (or apartment card).

Another case is if the apartment is municipal. According to the rule of Article 70 of the Housing Code, only family members (or a stranger, but only as a family member) can be registered in such an apartment. How to correctly register in a non-privatized and municipal apartment, what the law says about such registration, read here.

In this case, the following conditions must be met:

• all residents of the apartment (including those who do not temporarily live in the apartment, for example, military personnel or prisoners) must confirm their consent to registration in writing;
• if the person registering is not the tenant’s husband/wife, children or parents, the consent of the municipality is also required (the administration may prohibit registration if housing standards are violated).

• passports and certificates of children;
• social rent agreement;
• written consent of residents;
• extract from the personal account.

Registration in the city or outside the city

In the city, you can register with the passport officer of the cooperative, the management company, at the MFC, or directly at the passport office.

Typically, house books or apartment cards are kept by them, so their presentation during registration is not required. What about rural or regional registration?

In regional settlements - villages and hamlets, registration was previously handled by village councils. But now these functions have been transferred to migration departments .

This means that you need to go exactly there – to the passport offices. But you can also come to the district MFC, which is preferable:

• the centers are located geographically in the district, and not in the city;
• There are significantly fewer people in them, and there are more registrars (you will save time).

But you need to take into account that in an individual house the house register is kept by the owner, so take it with you if you plan to register permanently. Passports are also needed (as well as certificates for children).

And if the person registered agrees to pay for registration (at a time or as part of utility bills), then he will also save. These are the pros and cons of registration in a village, including the disadvantages of regional registration.

Registration in a service apartment

Sometimes employees of organizations move into houses of a specialized fund. These could be dormitories or high-rise buildings that rightfully belong to the employing organization. The employment contract is signed for the duration of the work .

It is the agreement that will be the basis for registration. However, the conditions for registration in a service apartment are no different from registration in municipal housing - only family members can be registered .

Residents are registered with passport officers based on the following documents:

• rental agreement;
• passports and certificates of children;
• written consent for registration of all apartment residents.

How to register as a student

Clause 29.1 of the Registration Rules states that students of universities or vocational schools (technical schools, colleges) do not register themselves.

29(1).Residence rules

Registration of citizens studying full-time in organizations carrying out educational activities in educational programs of secondary vocational education or higher education at the place of stay in hostels is carried out by registration authorities on the basis of an application in the established form for registration at the place of stay, certified by officials of the organization carrying out educational activities specified in paragraph 4 of these Rules, and an identity document of the applicant.

Documents are submitted to the registration authorities by officials of organizations carrying out educational activities responsible for registration within 3 days from the date the citizen is provided with a place in the hostel.

Find out what the rules are for registering Russian citizens at their place of stay and place of residence here.

Each educational institution has a specialist responsible for settling dormitories and registering students. Registration for a student is issued on the basis of an application for registration in a dormitory, a specialist certifies it and sends it to the passport office. Passport officers issue certificates of temporary registration and hand them back to the specialist, who, in turn, issues these certificates to students against signature.

How long can you live without registration and what are the consequences of not having a stamp in your passport? Find out what to do after selling your apartment here. Read about registration in a communal apartment in shared ownership, in a room, here.

Child registration

Regardless of the housing status and the consent of the residents or owner of the apartment, children under 14 years of age are registered with their parents or guardians (both permanently and temporarily). To do this, you need to enter the details of your birth certificate in your application for registration. The result of registration of children is a certificate of permanent or temporary registration.

Permanent registration

• identification document;
• application in the established form for registration at the place of residence;
• a document that is the basis for the temporary residence of a citizen in the specified residential premises (lease (sublease) agreements, social tenancy of residential premises, a certificate of state registration of the right to residential premises or an application from the person providing the citizen with residential premises).

Registration of citizens at the place of stay in residential premises that are not their place of residence is carried out for a period determined by mutual agreement: with the owners of residential premises. Denis, you have the right to register at your place of stay in official residential premises for the duration of the rental agreement for official residential premises.

Everything you need to know about military registration

Registration of military personnel in official housing is registration at the place of service, which provides certain advantages. In accordance with the law, it is possible only in premises that meet certain standards and after presenting the necessary documents.

The premises provided to contract soldiers for temporary use are part of the housing stock owned by the military department. The person who signed the contract has the right to apply for separate office housing. Let's figure out how the registration of military personnel at the place of duty is carried out and what documents must be provided to complete it.

Procedure for providing an apartment

The provision of official real estate is possible only under a social tenancy agreement. Such a document is of a restrictive nature. He is signed for the duration of his service. Upon termination of the contract, the contract ceases to be valid.

To obtain an apartment for the duration of your service under a contract, you should contact the Housing Department of the Ministry of Defense of the Russian Federation. In this case, you need to have the following package of documents with you:

1. a copy of the certificate containing the military personnel’s personal number and copies of passports of persons living with him;
2. a copy of the marriage document;
3. document on family composition;
4. information regarding existing/absent social tenancy agreements;
5. a copy of your service passport;
6. statement of official activity;
7. document confirming the rental of housing at the last place of registration.

After presenting all necessary documents to the military, they are checked by authorized persons (within 10 days). After this, a verdict is issued on the provision (or refusal to provide) premises. The contractor then receives a message about a proposed temporary housing option.

It is sent no later than three days after the verdict on the provision of an apartment is made. Sending such a message is entrusted to an authorized person of the Housing Department of the Ministry of Defense of the Russian Federation.

The contractor must express his agreement/disagreement with the temporary housing option offered to him within five days after receiving the corresponding message.

If such a response is not received after 10 days, temporary housing is provided to another employee. The final stage in allocating temporary living space to a contract worker is signing a rental agreement.

The main thing about obtaining official housing

The premises allocated to accommodate persons serving in the army must be suitable for living and meet certain parameters: placing several families in one apartment is prohibited, the area must be at least 18 meters for each person. The period during which a conscript soldier’s place of residence is provided is 3 months, the starting point being the date of arrival at the place of duty.

Russian legislation imposes a number of restrictions on the disposal of real estate in which a serviceman is registered at his place of service:

• it cannot be privatized, because it is part of a specialized fund owned by the military department. Even exchanges between colleagues living in the same house are prohibited;
• they cannot be disposed of as property (donate, sell, bequeath, etc.);
• a lease or sublease agreement may not be concluded in relation to such a property;
• in case of termination of the contract, the law obliges the citizen to voluntarily evict from the office premises.

Service housing for military personnel, concepts, right to receive, procedure for obtaining

The concept and features of official housing provided to military personnel

Any official housing provided to an officer (or warrant officer) is part of the specialized housing stock belonging to the military department. A citizen who has entered into a contract for service has the right to be provided with a separate service apartment, a private house or a room in a dormitory.

The premises allocated for temporary accommodation of military personnel and their families must be suitable for habitation. For example, it is not allowed to accommodate several families of military personnel in one service apartment. Usually, living quarters are provided on the territory of the area in which the officer (or warrant officer) serves, but if it is not possible to provide the serviceman with official housing at the location of the unit, then the commander (chief) must place his subordinate in a nearby populated area.

The officer (or warrant officer) is provided with living quarters within three months from the date of his arrival.

The area of ​​the provided official housing must comply with the security standards established by law. Currently, for one person this value is 18 square meters (for a single serviceman, the standard can be doubled). In cases where it is not possible to fulfill this requirement, a citizen who has arrived for service may be accommodated with his family in a smaller premises suitable for short-term residence or in a maneuverable premises, but only with the consent of the serviceman himself.

Which military personnel are entitled to service housing?

The following categories of military personnel have the right to apply for housing from the service fund of the military department:

1.officers (or warrant officers) who entered into a contract before January 1998;

2. citizens who were appointed to positions after receiving education in military professional educational institutions;

3. officers who entered into their first contract after January 1998;

4. warrant officers, sergeants and sailors who entered into a contract after 1998;

5.military personnel who are participants in the housing mortgage system (but until they purchase or receive an apartment for permanent residence);

6. citizens undergoing military service in closed military camps.

The above list is exhaustive; military personnel who were not included in it (citizens serving on conscription, citizens of foreign countries) are not provided with official housing of the military department.

Features of service housing for military personnel.

The following features of office residential premises can be distinguished:

- service housing cannot be privatized, since it is part of a specialized fund of the military department, which cannot be transferred to private ownership. Privatization can only be carried out if the residential premises are transferred to the municipality;

— service housing cannot be donated, sold or inherited. It is also not subject to exchange, even if the citizens wishing to carry out this transaction live in the same house;

- a lease or sublease agreement cannot be concluded in relation to official housing, even if the serviceman is forced to move due to a change in his place of service;

- after termination of a contract, a serviceman is obliged to vacate the official residential premises provided to him at his own request;

- participants in the mortgage system who purchased housing during their service period using funds from a targeted loan, but in another city, also have the right to be provided with service apartments (or other residential premises).

Procedure for obtaining official residential premises

To obtain housing from the service fund of the military department at the place of service, an officer (or warrant officer) must submit an application to one of the divisions of the Housing Department of the Ministry of Defense of the Russian Federation (hereinafter referred to as the Department of Defense of the Russian Federation). Information about the location of this institution should be located on special information stands of the military unit, on which information is usually posted, for example, about the daily routine, regulations of duty hours, etc.

The serviceman attaches the following documents to the above application:

- copies of identity documents of both the officer (or warrant officer) and close relatives living with him;

— a certificate confirming the conclusion of a service contract by military personnel applying for official housing;

- a copy of a document containing information about the conclusion (or divorce) of a marriage;

— a document containing information about the composition of the military personnel’s family;

- a document containing information about the presence or absence of residential premises at the serviceman’s place of military service, occupied by the serviceman and members of his family on the basis of a social tenancy agreement or belonging to him by right of ownership;

- a document confirming that the living quarters previously provided to the serviceman (including a room in a dormitory) were vacated by him and his close relatives living with him.

After receiving the specified set of documents, the unit of the Department of Defense of the Ministry of Defense of the Russian Federation, within ten days (working days), decides on the possibility of adding the serviceman to the list for providing official living quarters.

The structural unit of the Joint Defense Department of the Ministry of Defense of the Russian Federation, within three days from the moment of receiving information about the availability of a free apartment (or other residential premises) that can be provided, notifies the serviceman about this.

If the officer (or warrant officer) agrees with the option proposed to him, then he informs the unit of the Joint Defense Department of the Ministry of Defense of the Russian Federation in writing about his decision within five days (the period begins from the day the notification is delivered to the serviceman against signature).

If a serviceman decides to refuse the residential premises of the service fund offered to him, he is also obliged to notify the unit of the Department of Defense of the Ministry of Defense of the Russian Federation within the specified time frame.

If the serviceman does not report his decision at all, then no later than ten days from the moment he receives a message about the possibility of providing housing, this service housing will be distributed to another serviceman.

The next step in the procedure for obtaining a service apartment for a military personnel is the conclusion of a rental agreement for housing from the service fund of the military department, which lists all the persons who will occupy this premises. The agreement also lists the conditions for using the provided premises, the rights and obligations of the parties, as well as cases of termination of the agreement:

1. Subject to agreement of both parties to the contract.

2. At the request of the military personnel (employer) at any time convenient for him.

3. In court at the request of the military department (lessor) in the event of:

- failure by a military serviceman (tenant) and/or members of his family to comply with the requirements of the residential rental agreement concluded by him;

- systematic (for six months) failure to pay fees for the use of a service apartment and provided utilities;

— destruction (or damage) by a military personnel (tenant) and/or his close relatives of the provided housing;

— systematic violation of the rights of other citizens living in the neighborhood; use by a military personnel (tenant) and/or members of his family of the provided apartment for another purpose, contrary to the agreement.

4. In the event of a change in the owner of this residential premises or its transfer to the operational management of another department.

Since by its nature the lease agreement for a service apartment is fixed-term, it will be valid only during the period of service of the officer (or warrant officer).

In cases where the composition of the employer's family increases , the serviceman has the right to receive official housing of a larger area; for this, he applies to the structural unit of the Department of Defense of the Ministry of Defense of the Russian Federation with a corresponding application, a new certificate of family composition and a copy of the child's birth certificate.

If the composition of a serviceman’s family has changed due to divorce, but the ex-wife refuses to vacate the living space, then it is possible to evict her from the service apartment by court decision.

The procedure for releasing service housing for military personnel.

After the termination of the rental contract for housing of the service fund of the military department (in connection with the provision of permanent housing to the serviceman, early termination of the contract, etc.), the serviceman and his relatives living with him are obliged to vacate the apartment (or other residential premises) they occupy in three month period.

The document confirming the deregistration of an officer (or warrant officer) is a certificate of occupancy of residential premises, which must be issued by a structural unit of the Department of Defense of the Ministry of Defense of the Russian Federation.

To receive it, a serviceman must prepare the following set of documents:

- copies of documents (passports, birth certificates) with a note indicating their deregistration, identifying all citizens who were registered in the vacated residential premises;

-a copy of the personal account; a document confirming the absence of debt for the provided utility services;

-extract from the house register with a note of departure;

- a document that is the basis for obtaining official housing, for example, a rental agreement or an order in relation to a service apartment (or other residential premises);

-an act of transfer of premises, which reflects information about the technical condition of the premises, repairs, the presence (or absence) of a full set of keys, etc.

These documents are submitted to the unit of the authorized body in the event of a serviceman being transferred to a new duty station.

If an officer (or warrant officer) is provided with residential premises for permanent residence, then in addition to the above list he attaches:

- a copy of the notice of housing allocation;

- a notarized obligation to rent out office residential premises, containing information about the timing of vacating the housing, the need to pay for utility services provided, etc.

LEGAL BASES: Instructions on the provision of service living quarters to military personnel - citizens of the Russian Federation serving under a contract in the Armed Forces of the Russian Federation, approved by order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280

Judicial practice: Decision No. 2A-208/2016 of November 22, 2021 in case No. 2A-208/2016 Ulan-Ude Garrison Military Court; Decision No. 2A-221/2016 2A-221/2016~M-2779/2016 M-2779/2016 dated October 13, 2021, Ussuri Military Garrison Court.

What does registration give?

Registration is a necessary condition for concluding a contract; if it is absent, signing the document becomes impossible. And here the question arises: is it mandatory to register military personnel at a military unit if, after the completion of the contract, the citizen plans to return to his previous place of residence.

According to Russian laws, all citizens are required to have temporary or permanent registration. If, upon arrival at the place of duty, he is not provided with official housing, then the registration of the serviceman with the unit is completed in relation to himself, his wife, children and parents.

This is not just another unnecessary piece of paper, but a guarantee that the military family is protected. This gives rise to legal consequences, the main one being a guarantee of free housing from the Ministry of Defense in the following cases:

• job cuts caused by the transformation of the military unit;
• retirement;
• receiving a disability group or illness that makes further service impossible;
• death of a military man.

If these consequences occur, the military man and his family members have the right to receive permanent housing.

Categories of citizens entitled to apply for official housing

The following may apply for business real estate:

1. citizens with the rank of officer who have a diploma from a military educational institution;
2. junior command staff (if the contract was concluded after 01/01/1998);
3. soldiers who live in closed military settlements.

Brief information! Members of his family may also live in official housing with a person serving under a contract. In this case, we are talking not only about the wife and children, but also about other relatives.

How to register, what documents to collect

The registration procedure, how to register with a military unit, takes place on a general basis in the official housing provided at the place of residence. Required documents:

• a report written to the military unit commander;
• application in form No. 6.

The report and application must be accompanied by passports of all persons who are family members, marriage certificates and birth certificates of children.

The registration of family members at the same address is explained simply: for employment, registering children for kindergarten and school, receiving medical services, etc.

If, for certain reasons, registration in a serviceman’s service apartment is impossible, it is issued at the location of the military unit without indicating its number.

Algorithm of actions

Let's look at step by step how to register in a service apartment for a serviceman and his family.

Step 1. Signing a contract with a military formation.

Step 2. Arrival at the place of duty of the military man and his family members.

Step 3. Within 3 months, the family receives service housing.

Step 4. The serviceman is registered at his place of residence with the registration authority.

Step 5. If housing is not provided within 90 days, then, on the basis of a report addressed to the head of the military unit, the serviceman is registered at the address of the military unit, where his family members are also registered.

At the end of the contract, a person is obliged to voluntarily vacate the office space provided to him for use.

If the continuation of service is interrupted for various reasons (abolition of position, disability, etc.), the person is not excluded from the state until he is provided with housing.

What guarantees does military registration at the place of residence provide?

Registration in a military unit of a serviceman and his family members provides the following guarantees:

• the possibility of living in residential premises under a social tenancy agreement during the entire period of service (in this case, the serviceman has obligations to maintain the residential premises in proper condition and pay for utilities);
• the opportunity for children to receive education in preschool and secondary educational institutions;
• the opportunity to receive free medical care in departmental treatment and preventive health care institutions.

If there is no housing

If there is no housing (there is none in principle), then the person has the right to rent an apartment for his family himself, and receive compensation for rent from the command.

___________________________________ (full name of the commander of the military unit) address: ____________________________ from: _______________________________ (full name of the person serving under the contract) address: ____________________________

Report on payment of monthly monetary compensation for rental of residential premises

I am doing military service under a contract at a new place in military unit No. _____ and until I receive residential premises according to established standards, together with my family members living with me, I rent residential premises for _____ (_______________) rubles per month.

Based on the above and in accordance with paragraph 2 of paragraph 3 of Article 15 of the Federal Law of May 27, 1998 No. 76-FZ, I ask you to pay me a monthly monetary compensation for renting housing at the address: __________________________________, in the amount of ________ (______________) rubles.

Conditions for providing premises

To obtain the right to a service apartment, the following points must be observed:

• having citizenship of the Russian Federation;
• drawing up an application for the provision of official housing, written according to a specific model;
• compliance with the requirements of Art. 15 Federal Law No. 76-FZ.

A citizen serving under a contract must have a need for housing. It provides for the absence of temporary or permanent registration in the locality in which the contract soldier is performing military service.

There is a rule according to which the housing standard for military personnel is 18 m² per resident. In the event of the death of a citizen serving under a contract, the premises are provided to the family of the deceased, taking into account the number of people living in it (the number of which is established at the time of the death of the contract soldier).

Provision of housing in excess of the established norm is provided for the following categories of persons:

• military with the rank of colonel and above;
• persons teaching in military educational institutions;
• military personnel with an academic degree;
• unit commanders;
• citizens bearing the honorary title of the Russian Federation.

The provision of premises to a contractor if he owns real estate is provided exclusively within the framework of a military mortgage. In this case, he will not be recognized as needing temporary housing. In this case, the apartment must be located in the locality in which the person is doing military service.

The main condition for the provision of premises is suitability for habitation. It is prohibited to accommodate several families in one apartment at once. Temporary housing must have proper communal and living conditions. In particular, electricity and water.