Providing housing for servicemen under a contract. Analysis: how to get an apartment from the Ministry of Defense if the wife has property When they give an apartment to military personnel

In any state, providing citizens with decent and affordable housing is a very big problem for the authorities. And Russia is no exception. However, the most acute “housing issue” concerns servicemen and their families. To date, more than 100 thousand Russian military do not have their own homes. In this article, we will analyze in detail how a serviceman can get an apartment.

Previously, it was somewhat easier to get housing for the military, since this was carried out directly through the military units. Yes, of course, the commanders could cheat and vary the position of the waiting list at their discretion. But there was also someone to ask. Now a whole Department of Housing of the Ministry of Defense (JO MO) has been organized. It is there that they put servicemen on the waiting list for housing and decide which apartment to give to whom.

This alleged transparency has led to the fact that even the most elementary issues are very long and difficult to resolve, and the papers are constantly lost for some reason or lie motionless for a long time. And the result is that there is simply no extreme and there is no one to ask from.

Servicemen want to visually see the movement of the queue for housing and receive competent answers to their questions. However, at present, the official website of the department does not have the information that interests everyone, and on the phone, they often brush off the military with standard phrases and do not provide complete and reliable information.

Which serviceman is entitled to an apartment?

It's no secret that the life of the military is such that sometimes quite often you have to move from one part to another. Such transfers are complicated by the fact that such 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, then he must be provided with service 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 for the entire service life are provided:

Officers who have entered into their 1 contract for the passage of service, and who live with their families.
Graduated from military universities and in connection with this received a military officer rank, as well as the families living with them.
Doing military service under contract in closed towns and their families.
Sailors and soldiers, warrant officers and warrant officers, as well as foremen and sergeants who entered the service under contract and their families.

Not entitled to apply for apartments for military personnel:

serving on conscription;
listeners and cadets of educational institutions without an officer rank;
do not have Russian citizenship;
retired or retired military personnel;
military personnel concluding a re-contract and if less than 5 years have passed since the first contract;
those who have permanent housing in nearby settlements to the place of service.

The contract for the lease of service housing is concluded for the duration of the contract. After that, such housing must be vacated within 3 months.

Quality of apartments for military personnel

In 2016, 36 billion rubles were allocated from the budget of the Russian Federation to provide servicemen 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, in 2016, only about 10% of the funds provided for the construction were used.

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

But the rather large non-population of houses is also caused by the fact that people are not satisfied with the number of storeys, layout or problems associated with the transfer of housing into ownership.

New buildings for military personnel in Moscow

For example, let's take the Molzhaninovo microdistrict in Moscow. It was built in the Podrezkovo industrial zone without the permission of the local authorities. This place was prohibited for housing construction by the Urban Planning Code of Russia. 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 is extremely violated (exceeding by 34 m), the noise level exceeds all standards.

Also, during the construction of this microdistrict, the Urban 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 are likely to be demolished. What should the servicemen do, who are expecting an apartment from the state with hope? Agree to unsuitable housing provided for benefits for the military, or continue to wait?

Of course, people massively refuse such housing. And "Molzhaninovo" is not the only place where people do not want to enter, and new buildings for military personnel remain uninhabited. As a result of such managerial mistakes, more than 60 thousand people did not receive housing.

It is worth mentioning that it is planned to organize modern military camps with a developed infrastructure. It is planned to reconstruct existing garrisons, as well as build new ones. By 2017, there should be no less than 495 such military camps on the territory of Russia.

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 entitles you to a free subsidy when purchasing a home. The name of the owner, the amount of the subsidy and the name of the settlement where the soldier is going to buy housing must be indicated in the document. Such a military certificate is issued once and cannot be transferred to another person.

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

Those families that have an apartment, but the area for 1 person is below the minimum.
Servicemen living in buildings that do not meet technical and sanitary requirements.
Living in a hostel.
Families who live in the same apartment and have no kinship.

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 soldier must pay the remaining 20% of the cost himself. In the event that the total service life exceeds 25 years, the amount of the subsidy is increased and is 100%. The calculation of the amount is made 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 gratuitous subsidy can be expressed in cash in a bank account or in the form of a housing issue on a completed construction project. The certificate can be used to purchase both new and secondary housing that meets the required sanitary and technical standards and area standards.

It is necessary to use the certificate within 3 months from the date of its registration. It is necessary to select an apartment within the specified period and submit to the bank a contract for the sale and purchase of an apartment. Otherwise, the certificate burns out and the person will have to recover in the queue for housing. After all, upon receipt of a military certificate, he is excluded from there.

Mortgage conditions for military personnel

Military personnel who wish to use a military mortgage should understand how such a system works: an account is opened for a participant, certain amounts of finance are received annually. It will be possible to use the funds only after 3 years as a down payment for housing and only in certain banks participating in the program. Further, the state continues to pay the amount to your account, but already repaying the mortgage debt.

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

Summing up, we can conclude that at present it is easier for a soldier to get an apartment using a housing certificate or a mortgage for new buildings or secondary housing. It is much more difficult to acquire ownership of municipal housing one by one. It is easier to get housing in the residential complex Central or the residential complex Krasny Aksai.

Interesting video on the topic.

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

At the moment, there are several ways how to get an apartment for a soldier:

Housing subsidy or mortgage;

Receiving departmental housing.

The first option is suitable for those who are looking for a permanent place to live. The second option is to rent an apartment from the housing stock of the Ministry of Defense. Providing departmental housing is the responsibility of the state. Another question is what this place of residence will be. A servant can count on both an apartment for servicemen in St. Petersburg and a room in a hostel.

Housing subsidy and the queue for the apartment of military personnel

The subsidy is a one-time payment. It is issued for the purchase of housing in a finished or under construction house. In 2014, a new form of subsidization was introduced for the military. Its size now depends not only on the length of service, but also on the composition of the family. Based on his own preferences, a military man can buy an apartment, both in the provinces and in the capital. At the same time, there is no reference to the location. Having received a subsidy, a person decides for himself where he should buy housing in St. Petersburg or Minusinsk.

Subsidized apartments for the military: who can count

The categories of the military who are entitled to the subsidy are listed in the order of the Ministry of Defense No. 510. You can find out whether a serviceman is entitled to an apartment in the law “On the status of servicemen”. You can count on benefits:

1. Military with more than 10 years of service;

2. Employees without housing or with an apartment that does not correspond to the size norm.

1) The military, whose contract was signed before 1998 and who need living space;

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

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

HOW TO GET AN APARTMENT FOR A MILITARY SERVICE BY SUBSIDY

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

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

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

If the answer to the request is satisfactory, the Ministry will consider granting a subsidy. It can also take up to 10 days. The reason for refusing a subsidy can only be the removal of a soldier from the register as a person who no longer needs a solution to the housing issue.

How to calculate the amount of subsidy for the military

The amount of subsidies is regulated by Government Decisions No. 76 and No. 942. It is influenced by:

● Required area;

● Standards for the average Russian price per square meter;

● Work experience.

The expected area of the apartment is influenced by the composition of the family:

● 33 m 2 - if the soldier lives alone;

● 42 m 2 - a family without children;

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

Colonels, captains of the 1st rank, commanders of military units, military personnel with a scientific degree and teachers of higher educational institutions can also count on an additional 15 square meters.

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

What certificates are needed to apply for a subsidy

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

Open current account agreement

Statement

Passport + copy of the military and family members

Child's birth certificate

Documents proving work experience

Marriage certificate + copies

Real estate title deeds (if any)

Sheets from the book of home ownership

Savings system and mortgage for military personnel under contract

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

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

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

The procedure for obtaining service housing

When serving away from the place of residence, a serviceman, as well as his family members, is given an apartment or other service housing suitable for living. Service apartments for military personnel are provided by the state and guaranteed by law. Housing is provided from the housing stock of the Ministry of Defense.

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

Types of departmental housing

In the past, "departmental housing" meant exclusively dorm rooms or service apartments for contract servicemen. In 2010, it was decided to provide also private houses. The type of housing depends on the place and conditions of service.

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

Is it possible to privatize service housing

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

Service housing may not be sold, gifted or inherited. The military is prohibited from changing service apartments, even when it comes to apartments located on the same staircase.

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

Important: If a soldier dies in the line of duty, the family has no right to be evicted from the departmental apartment without providing an alternative. The rights to preferential conditions for obtaining housing also remain.

How to get an apartment for a serviceman through a commission

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

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

Receiving housing for military personnel is carried out in accordance with Federal Law No. 76. This right, in particular, is established in Art. 15 of the said Law. Let us consider further how the provision of housing for military personnel is carried out.

General information

The provision of housing for military personnel has its own specifics. In particular, some categories of persons are provided with apartments after the first five years of fulfilling their duties, others after 20 years or upon dismissal from the ranks of the troops for valid reasons. Some military personnel can only use a mortgage or a government housing certificate.

Empowering Citizens

In order to assist servicemen in resolving issues related to housing, the state transfers obligations from in kind to monetary form, that is, provides compensation. This, in turn, allows citizens to independently choose the quality and size of the acquired real estate, as well as the place where it will be located. The opportunity to acquire ownership of housing after 3 years of participation in the accumulative mortgage system even before the end of the service, along with the above possibilities, is one of the forms of realizing the right to housing.

Subjects of law

In accordance with Art. 2 of the Law regulating the status of a serviceman, in addition to himself, his relatives can also receive housing. In particular, subjects of law include:

Children over 18 years of age who become disabled before the age of majority.
Spouse.
Minor children.
Dependents of the employee.
Children under 23 years of age studying in educational institutions on a full-time basis.
Other relatives provided for in the Federal Law or other regulations.

Clarification of norms

In accordance with Art. 69 ZhK RF, upon receipt of housing under a social contract. hiring family members are considered to be parents, children, spouses living together and being citizens of the Russian Federation. Other relatives, as well as disabled dependents, belong to this category only if the tenant moves them into the apartment and runs a common household. In a court of law, family members and other persons can be recognized in exceptional cases. The provisions referred to in Art. 69 LC should be used when determining the rights of an employee's family to receive a particular room for housing. This is indicated in paragraph 22 of the Resolution of the Plenum of the Supreme Council of February 14, 2000.

Terms established in the Law

The procedure and grounds according to which housing is provided for a serviceman, together with the norms of the Law on their status, are regulated by the JK. According to the current legislation, any citizen of the category in question must be transferred to the premises within three months from the date of his arrival at the place of performance of his duty. In this case, we are talking about service housing.

Employment contract

The Law provides for a special procedure for persons who entered into a contract before 01.01.1998 and their relatives who are with him. Such citizens can be accommodated in hostels or residential office premises for the first 5 years of service. A contract of employment is concluded with such persons. The document defines the procedure in accordance with which this housing is provided for a soldier, his release, as well as maintenance. The contract is drawn up in a standard form, which is approved by the Government Decree No. 487. After dismissal, in some cases, a citizen can acquire ownership of housing. For a soldier whose contract has expired, another room may be provided. However, if he was not provided with it, and he did not use the right to re-register the apartment (if allowed by law) for himself, then he is obliged to vacate the area he occupies within three months.

Protected categories

It is not allowed to evict from residential office premises without providing living space in exchange for citizens who need special care of the state. Such categories are established in the Federal Law and the legislation of the subjects. These include:

Relatives of servicemen who have died (died) or disappeared in the course of their official duties (duty).
Senior citizens.
Citizens who have become invalids of groups 1, 2 as a result of injury, injury, contusion, which were received in the course of duty or as a result of an illness associated with the service.

Privileges

Housing for a soldier should be provided on a first-come, first-served basis. In this case, the norms and benefits that are provided for in the RF LC are taken into account. Subsidies for military personnel for housing are established by the Federal Law and regulations of the subject on the territory of which the military unit is located. At the same time, citizens who have the right to priority provision of premises are allocated living space earlier than those persons who were registered in the same year, but do not have benefits.

Additional circumstances

Housing for military personnel is also provided taking into account civil transactions and actions, the commission of which led to a decrease in the size of the occupied areas or to their alienation. These circumstances are taken into account for the period established in the legislation of the constituent entity of the Russian Federation, preceding the provision of an apartment to a citizen under a social contract. hiring, but not less than 5 years.

Required documents

Housing for military personnel is provided upon application. The application must be accompanied by documents confirming that the citizen is in need of an apartment, allocated under a social contract. hiring. These include, in particular:

Service records, a certificate of the composition of the family, papers confirming the passage of service and containing information about its total duration.
Copies of the certificate of divorce / marriage, if any.
Certificates from the place of residence of a serviceman and his relatives since 1991: information from house books; messages (information) from the BTI before 31 January. 1998 year.
Copies of financial statements from the places of residence of the employee and his relatives for the five-year period before the date of application.
Information about the presence of the TIN of the citizen and family members.
Data on the rights of citizens, which is contained in the Unified Register of Housing of Servicemen and their Relatives on the territory of the Russian Federation since 31.01.1998.
Copies of papers on the provision of additional social guarantees in terms of the allocation of living space in accordance with the law.

If copies of financial l / s and documents from places of previous residence cannot be obtained, citizens present certificates of the impossibility of their provision. It is allowed to transfer other documents that confirm the rights of people in need.

Unified register of housing for military personnel

For the first time, the electronic information base became available on September 30, 2010. All contract citizens who have received a corresponding individual unique number have access to the military housing register. The database can be used online regardless of the time zone and region. The military housing register can be visited by going to the official website of the Ministry of Defense. Previously, the database contained information only about the citizens themselves performing their duty under the contract. Today, the amount of information has increased significantly.

What can the base be used for?

Through the registry, you can:

Check if the personal data is filled in correctly.
Get information about changes in legislation, regulations adopted by the Government.
Find out the place where the housing will be built. It can be indicated up to a settlement and a specific address.
See the construction map for the next period and find out the possible settlement options.
Get information about the date of registration.
Find out where in the queue.
Get a list of documents that are required to register ownership of an apartment.

Compensation

She relies if the servicemen were not provided with housing. 2014 was marked by the introduction of a new procedure for providing assistance to those in need of buying apartments. By the decision of the Government, persons belonging to this category began to receive monetary compensation instead of providing premises. The amount set by the state is sufficient for the purchase of housing both in a new building and in the secondary market. At the same time, citizens can themselves choose the area where it will be located, and even another city. The opportunity to buy premises on the secondary market allows you to purchase an area larger than in a new building. At the same time, the quality of housing can be quite decent.

The procedure for recognizing citizens in need of housing

The assignment to this category is carried out in accordance with Art. 51 LCD RF. Those in need of living quarters are considered to be military personnel who live in service living space and who have a duty to complete over 20 years as a whole. This category includes citizens dismissed when they reach the age limit, for health reasons or on the basis of organizational and staff measures with a total length of stay in the army of 10 years or more.

Quite often, servicemen have difficulties in obtaining housing upon dismissal, if their family members already own a living space. the site learned from the experts what a military man can count on in such a situation, how to improve living conditions, and also what "additional supply of square meters" is.

An officer with more than 20 years of service contacted the editorial office of the site. He leaves at the end of the contract and wants to get the housing due to him by law. However, the housing authority of the Ministry of Defense refused to recognize him in need of living space, because his wife owns a share in a small one-room apartment.

What is required for a military man by law?

An area of 18 sq. M is allocated for each member of the family of a serviceman. According to the lawyer of the "Military Legal Center" Andrey Pivovar, the provided housing may exceed this norm due to technological conditions, but not more than by 9 sq.m. For example, the maximum living space that a family of two can get is 45 sq. M.

"If an officer has the rank of colonel or higher, he is entitled to an additional 15 square meters," added military lawyer Mikhail Gorkunov.

The military who need housing are registered on the basis of the established norm: if the size of the living quarters available to the family members of the serviceman is less than the accounting standard and the military does not own living space.

The accounting norm is established by local self-government bodies, each region has its own. For example, in Kaliningrad the accounting rate is 12 sq.m. per person. "If the security is less than 12 square meters per family member, then the serviceman has the right to register as in need of better living conditions," - explained the lawyer of the "Military Legal Center" Andrey Pivovar.

The accounting norm is applied not at the place of service, but at the chosen military place of residence. At the same time, the housing authorities should take into account the provision of the military with residential premises exactly at the place of residence chosen after dismissal from service. Federal Law "On the Status of Servicemen". Article 15.1. The norm for the provision of living space (click to view)

1.1. When providing living quarters in accordance with this Federal Law to family members of a deceased (deceased) serviceman (citizen dismissed from military service), the size of the total area of the provided living space is determined based on the composition of the family of the serviceman (citizen dismissed from military service) on the date of his death ( of death).

2. A soldier who has the military rank of colonel, equal to him or higher, who is doing military service or who was dismissed from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staff activities, the commander of a military unit, a soldier, having an honorary title of the Russian Federation, a soldier - a teacher of a military professional educational organization or a military educational organization of higher education, a military department at a state educational organization of higher education, a serviceman - a scientific worker who has an academic degree and (or) an academic title, when provided with living quarters, including office living quarters are entitled to additional total living space ranging from 15 to 25 square meters.

If there is a right to an additional total area of a dwelling in accordance with the legislation of the Russian Federation, for several reasons, an increase in the size of the total area of a dwelling is made on one of them.

3.Taking into account the design and technical parameters of an apartment building or residential building, residential premises provided in accordance with this Federal Law in ownership free of charge or under a social rental agreement may be provided with a total area exceeding the size of the total area of residential premises determined based on the provision rate the area of the living quarters specified in paragraph 1 of this article, and the increase in the size of the total area of the living quarters provided for in paragraph 2 of this article. Such an excess may be no more than nine square meters of the total area of the living quarters in total, for a soldier living alone, a citizen dismissed from military service, a family member of a deceased (deceased) soldier, a family member of a deceased (deceased) citizen dismissed from military service, - no more than 18 square meters of total living space.

If a soldier is not registered as needy, he cannot apply for housing.

How does the ownership of housing affect?

If family members of a soldier own square meters that in total exceed the size of the required area, the soldier is most often not recognized as in need of housing.

"For example, there are three family members in the family of a military man. According to the law, he has the right to housing with an area of 54 sq. M. Suppose his wife owns an apartment of 35 sq. M., And his daughter, regardless of her age, has a share in another apartment. 20 sq. M. In such a situation, the military man is recognized as not in need of either housing or improvement of living conditions, because with the norm of providing a family of three with an area of 54 sq. M, his family already has 55 sq. M. " lawyer Mikhail Gorkunov.

If the daughter from the considered example does not have property, and the family has only 35 sq.m., they are recognized as needing to improve their living conditions and can receive payment at the rate of: the average cost of 1 sq.m. across Russia, multiplied by the number of meters missing to the norm.

According to Pivovar, if a soldier's wife has housing, many nuances should be taken into account. For example, how the woman got the living space: by donation, inheritance, by acquisition or in any other way; the spouse acquired the premises before marriage or during marriage; whether the living space was provided before the transfer to the ownership of the soldier's wife or her relatives, and she became a participant in the privatization later. It is important whether the spouse of the military man has moved into her housing for permanent residence, that is, whether she has registered for him in this apartment or not.

“Our officials forget that the Family Code is in force in Russia, which provides for the institution of marriage contracts. A marriage contract can be concluded before marriage, during marriage or after its dissolution in order to determine the regime of joint property,” Pivovar said.

If the square meters of the spouse do not belong to jointly acquired property and this is recorded on paper, a military man can claim living space from the Ministry of Defense.

Would giving up an existing share help?

No, it won't help. According to Pivovar, the Housing Code contains a special article. According to it, citizens who have committed "actions with the intention to be registered with those in need" with their housing, are not registered for 5 years.

Such actions include transactions for the alienation of owned property, according to which less square meters remain in the ownership of a citizen than is indicated in the accounting norm for the chosen place of residence.

What if the wife has a share in the apartment?

If family members of a military man owns living space that exceeds the registration standards, he may demand that he be provided with housing personally, as a lonely soldier, and not as part of a family.

"A soldier living alone can be provided with housing, but no more than twice. If the norm is 18 square meters, then the maximum military can be provided with living space with a total area of up to 36 square meters," - explained Pivovar. In case of refusal from such an apartment, the military can count on a subsidy for the purchase of housing.

Is it possible to get an apartment if it is impossible to rent out service housing?

Living quarters are provided to the military only once during the entire period of service. If a serviceman has already disposed of the housing provided to him on social rent and cannot return it to the Ministry of Defense, for example, he privatized, sold, or moved out and left the apartment to former family members, then, according to existing practice, he is no longer taken into account.

In this case, the military can ask for additional supply of square meters to the established norm, taking into account the area that he cannot return to the state.

"The housing authorities rely on the ruling of the plenum of the Supreme Court dated 2009. However, now the legislation has become more flexible and allows the provision of living quarters to the military if they were not provided with housing according to the norms, but for some reason cannot rent out the previous living space," clarified the Brewer.

In what cases can you expect an improvement in living conditions?

The military retains the right to improve housing conditions due to the increase in the size of the family: if he agreed to dismissal from military service, but was not provided with housing according to the established norms and remained registered with the Department of Housing. In this case, at the birth of new children, he must collect documents confirming the change in the composition of the family, and submit an application to the territorial body of the JO. This is necessary so that information about his children was entered into the database of the Ministry of Defense and taken into account when providing living quarters.

If a serviceman has already been provided with housing, then regardless of the change in the composition of the family, one should not count on improving living conditions: the serviceman is removed from the register as soon as he receives living space.

The state is implementing various programs to improve the living conditions of people in need of housing.

For military personnel, there are two programs at once - "Military mortgage" and obtaining a housing certificate for military personnel, another option is to receive free service housing. Let's look at how they work and what a soldier needs to live in his apartment.

The right of military personnel to housing

Provision of housing for servicemen is the responsibility of the state, as Federal Law No. 76-FZ "On the Status of Servicemen" directly speaks about. The military, who arrived at the place of service under the contract, are provided with a service apartment for 3 months, and in the absence of such, they are paid the rent of rented housing. They have the same rights as tenants of a municipal apartment under a social tenancy agreement.

Departmental housing cannot be sold or exchanged.

How do I get service housing for contract military personnel?

To get free living space, you need to contact the department of the Ministry of Defense of the Russian Federation at the place of service. You will need the following papers:

statement (report);
passports of all family members (for children - birth certificates);
a certificate of the existence of a military contract;
certificate of family composition;
a document confirming the absence of other housing at the place of service;
certificate of marriage or divorce (copy);
certificate from the BTI at the place of service.

Let's note one nuance.
If you bought housing under the Military Mortgage program in another city, then you do not lose the right to free service housing.

At the end of the term of the contract or transfer to another unit, the military is obliged to vacate the service apartment. But if at the time of dismissal a person is in line for housing, he has the right to stay in this room.

If you are on the waiting list for housing improvements, you will not be kicked out of your service housing.
How to get a certificate for housing for military personnel?

Since 2006, the state has been implementing a special program under which military personnel are issued a housing certificate. It gives you the right to receive benefits when buying a home. The certificate is valid for 6 months from the date of issue. During this time, you need to find a suitable apartment and draw up a sales contract.

A housing certificate is a registered document intended to receive a gratuitous subsidy for the purchase of housing.

Conditions for obtaining an apartment for military personnel

To qualify for a new home, a citizen must meet the following criteria:
not have any other housing on the right of use or in ownership;

live in;

to lose the right to use residential real estate due to registration of marriage with a military man and moving to his place of service;

terminate the right to use the previous living quarters in connection with the move to the place of work of the father or mother.

The latter rule is applicable to minors, adults who have received disabilities under the age of 18, and children under the age of 23 who are full-time students.

A housing certificate can be obtained not only by the military, but also by the closest family members in the event of their death.

Housing standards for military personnel

The estimated cost of buying a home for the military is determined according to generally accepted standards:

for single citizens - 33 sq.m .;

for a family of two - 42 sq. m .;

for families of three or more members - 18 sq.m. for each person.

The calculation formula is simple:

Payment amount = Price of 1 sq.m. * Total number of sq.m.
The average market price is taken for 1 sq.m. living space in the area. It changes every quarter.

Documents for housing for military personnel

To get into the state program, you need to collect and submit the following papers to the military department:

statement;

certificate of seniority;

bank statement for transferring funds;

a document on registration as in need of improvement in housing conditions;

papers certifying the identity of a serviceman and his family members (copies of passports and birth certificates);

certificate of family composition;

a document on the absence of housing in the property, or on the presence of insufficient square meters.

All documents must be certified or submitted together with the originals.

The order of inclusion in the program and queuing

After the transfer of documents to the relevant authorities, their verification begins. If the decision is positive, you will be included in the program and an accounting file will be opened. The body that accepted the documents generates a list of applicants and, by September 1, transfers it to the authorized body, where a list of those who will be awarded the certificate is drawn up.

What to do with the received housing certificate for military personnel?

So, you have submitted the documents, passed the verification and received the long-awaited certificate. What to do next:

We contact the bank

You need to open a trust account to which the state will transfer money according to a housing certificate. You have six months for this from the moment you receive it. This must be done, since the money is transferred according to the certificate in a non-cash form.

We buy housing

As soon as you find the apartment you need, register with Rosreestr. Remember that you have the right to choose real estate on the primary and secondary housing market only on the territory of the subject, which is indicated in the certificate. A housing certificate cannot be used to buy housing under construction, but only finished housing.

We submit documents for verification

After the purchase and registration of housing, you need to provide the bank with a purchase and sale agreement and an extract from the USRN for verification. The bank checks the documents within 3 working days. If the result of consideration is positive, an application is sent to the Treasury to transfer funds to the account of the owner of the housing certificate for military personnel. After another 5 days, the money will be credited to the current account, and you will pay the seller.

Savings system and mortgage for military personnel

Every soldier has the right to participate in the mortgage accumulation system. It was introduced in order to reduce the queue for housing. This is the fastest and easiest way to get ownership of an apartment.

To participate in the NIS program, you must submit a report to the headquarters of your unit. The command forms lists of applicants and puts a personal card for each. The lists are then forwarded to the Department of Housing, and an account is opened in your name.

The state will annually transfer a fixed amount to you, it changes annually. In 2018, the amount of the annual accumulative contribution for participants in the military mortgage is 260,141 rubles. After three years, you again need to submit a letter of intent to use the funds to buy a home and get a certificate. But why should you wait 3 years? During this time, you will have accumulated an amount on your account, which is enough to make the initial mortgage payment (usually it is 10% of the loan amount).

The main condition for receiving NIS funds is long-term service.

While you are awaiting the issuance of a certificate, you can start looking for an apartment and a bank that is ready to give you a mortgage loan. The maximum loan amount is prescribed by law and changes periodically. In 2018, it is 3 million rubles. If you want to purchase a home over the limit, you will have to add personal funds.

After the loan is approved, a tripartite agreement is concluded between the serviceman, the bank and the Federal State Institution Rosvoenipoteka. Then the sale and purchase transaction is formalized. As a result, the borrower registers the ownership of the encumbered apartment.

The state transfers money to the serviceman's account for 20 years.

Intentional deterioration of housing conditions

Some citizens are trying to get around the law and get additional square meters, deliberately worsening their living conditions. All actions that may entail military personnel are spelled out in the Order of the Ministry of Defense of the Russian Federation No. 1280. They are aimed at reducing the standard of living space for each family member.

This can be done by:

changes in the procedure for using the living space;

exchange of housing for less;

non-fulfillment of the terms of the social rent agreement (non-payment of housing and communal services, intentional damage to living quarters, etc.);

divorce;

allocation of shares in an apartment or house;

sale, donation of a property or part of it.

The penalty is deprivation of the right to register for the improvement of housing conditions for 5 years.

If the fraud with the living space is revealed, you will be punished.

Does not apply to actions to intentionally deteriorate living conditions:

cancellation of the rental agreement for residential premises at the initiative of the recipient of the rent with the return of the real estate to him;

recognition of a transaction with a residential object void through a court, as a result of which the right to use or ownership of this property has been terminated for the soldier and his family members;

the settlement of spouses, children, parents, dependents and other citizens, as well as their registration at the address of the military unit.

If earlier, due to age, a soldier was a participant in privatization, and then the living space was sold and, in fact, he was left homeless, then this also refers to the deliberate deterioration of housing conditions. Therefore, you will have to wait 5 years until your right to re-provide housing from the state is renewed.

The program to improve the living conditions of military personnel has been operating for many years. Thanks to her, thousands of families of the defenders of our Motherland were able to get a roof over their heads and provide themselves with decent living conditions.