The provision of apartments to military personnel is stopped. Rules for obtaining housing from the state Is it possible to get housing if you already have one?

Leaking 09.12.2023
Leaking

Military personnel are entitled to the following privileges in receiving free housing from the state:

  • Certificate,
  • One-time cash payment
  • Military.

As it turned out, not everyone can get apartments for military personnel in Moscow. By law, according to rotation, the military changes its place of service every 3-5 years, but in reality this does not always happen. Moreover, when it comes to important posts in the capital, officers serve in one place for a long time.

The housing system for retired military personnel is constantly changing. Those who entered service before January 1, 2005 and served for at least 10 years receive a certificate for the provision of housing in any region of their choice. Naturally, many would like to live closer to Moscow. But it is impossible to provide such apartments to everyone. Many programs of the President and the Ministry of Defense tried to solve the problem.

Problems of providing ready-made housing

An officer working under a contract, upon leaving the reserve, must receive ownership of an apartment from the state. Who actually has it in the capital? Apartments for officers in Moscow can be provided under certain conditions. The number of people on the waiting list is huge; 1,200 claims have been sent to the courts to the Ministry of Defense from those waiting their turn.

From 2014, apartments will be provided ready-made as they are put into operation. The military department is building several facilities. Another issue is that construction is being carried out in areas and conditions that are inconvenient for living. This includes the lack of infrastructure facilities and remoteness from public transport. And the quality of prefabricated housing leaves much to be desired. Many military personnel refuse such housing.

By law, any military personnel, no matter where he serves, has the right to housing from the state anywhere in the country without reservation. And this point is important in stimulating young personnel.

A one-time payment for the purchase of housing most often does not provide the opportunity to choose decent options. This measure does not add to the popularity of the military profession. The certificate program also did not provide a fair solution to the issue. Apartments in different regions cost differently. This means that the amounts will be unequal, which cannot satisfy the storekeepers.

Military mortgage

Military personnel who began service after 2005 receive a certain amount in their personal account to repay the mortgage loan; they choose the apartment and region themselves. If the mortgage payment is greater than the proposed amount, the serviceman pays the additional amount himself.

Apartments for military personnel in Moscow can now be provided on mortgage terms.
In 2014, it will be possible to choose housing in any district of Moscow and the region using a military mortgage loan. Its amount is 2,350,000 rubles. The contribution amount will be transferred to the borrower’s personal account every month. No need to wait 10 years. Already in the 4th year, an employee can take out such a mortgage, and by the time he is transferred to the reserve, the apartment will be fully paid for. A military man can choose his own housing and choose a bank to apply for a loan.

Provided by most banks at 10.5% per annum. Such a loan is provided by Sberbank and Gazprombank. VTB24 provides a mortgage loan to military personnel at 8.7% per annum. There are terms and conditions. Basically, they boil down to the requirement to repay the amount of debt before the employee reaches 45 years of age. Commissions and insurance will have to be paid from your budget. A military mortgage is currently the most profitable and convenient solution for military department employees.

But, if you have doubts and questions regarding the provision of housing for military personnel, you should seek help from a professional lawyer who will help resolve the problems with minimal losses!

The question is often asked: where can you get housing guaranteed by the state? Although for young families it is no longer very relevant, because it is easier to take out a targeted housing loan and independently choose the city where you will buy an apartment. It is especially convenient that its acquisition does not deprive you of the right to government housing at your place of service (of course, if you need it, and the apartment was purchased in another region). Therefore, the state mortgage lending system has become popular among young people.

Data on where military personnel are provided with housing is gradually losing its relevance. An effective change in the scheme for providing apartments has allowed thousands of young families to resolve the issue of housing without being burdened by the issue of their location. After just three years of contract service, you choose an apartment, the mortgage for which will be paid by the state, emphasize those who have already taken advantage of this right.


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

General information

Providing housing for military personnel has its own specifics. In particular, some categories of persons are provided with apartments after the first five years of their duties, others - after 20 years or upon dismissal from the ranks of the military for good reasons. Some military personnel can only use a mortgage loan or a state housing certificate.

Empowering Citizens

In order to assist military personnel in resolving issues related to housing, the state transfers obligations from in kind to cash, that is, provides compensation. This, in turn, allows citizens to independently choose the quality and size of the property they purchase, as well as the location where it will be located. The opportunity to purchase home ownership after 3 years of participation in the funded mortgage system, even before the end of service, along with the above opportunities, 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 military man, in addition to himself, his relatives can also receive housing. In particular, the subjects of law include:

  • Children over 18 years of age who became disabled before reaching adulthood.
  • Spouse.
  • Minor children.
  • Persons who are dependent on the employee.
  • Children under 23 years of age studying full-time in educational institutions.
  • Other relatives provided for in the Federal Law or other regulations.

Clarification of standards

In accordance with Art. 69 of the Housing Code of the Russian Federation, when receiving housing under a social contract. For employment, 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 an apartment and runs a common household. Other persons may also be recognized as family members in exceptional cases. The provisions specified in Art. 69 of the Housing Code must be used when determining the rights of an employee’s family to receive a particular housing unit. This is indicated in paragraph 22 of the Resolution of the Plenum of the Supreme Court of February 14, 2000.

Deadlines established in the Law

The procedure and grounds according to which housing is provided for a military personnel, together with the norms of the Law on their status, are regulated by the Housing Code. According to current legislation, any citizen of the category in question must be given 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 office housing.

Lease agreement

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 dormitories or residential office premises for the first 5 years of service. A rental agreement is concluded with such persons. The document defines the procedure in accordance with which this housing is provided for a military serviceman, his release, as well as maintenance. The agreement is drawn up according to a standard form, which is approved by Government Decree No. 487. After dismissal, in some cases, a citizen can acquire ownership of housing. For a soldier whose contract has expired, other premises may be provided. However, if it was not provided to him, and he did not exercise the right to re-register the apartment (if permitted by law) in his name, then he is obliged to vacate the area he occupies within three months.

Protected Categories

Eviction from residential office premises is not allowed without providing housing in return for citizens who need special care from the state. Such categories are established in the Federal Law and the legislation of the constituent entities. These include:

  1. Relatives of military personnel who died (died) or went missing during the performance of their official duties (duty).
  2. Pensioners by age.
  3. Citizens who have become disabled of groups 1 and 2 as a result of injury, mutilation, concussion, which were received in the course of duty or as a result of a disease that is associated with service.

Privileges

Housing for military personnel must be provided on a first-come, first-served basis. At the same time, the norms and benefits that are provided for in the Housing Code of the Russian Federation are taken into account. Housing subsidies for military personnel are established by the Federal Law and regulations of the subject on whose territory the military unit is located. At the same time, citizens who have the right to priority provision of premises are allocated living space before those persons who 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 entailed a reduction in the size of the occupied space or their alienation. The specified circumstances are taken into account for the period established in the legislation of the subject of the Russian Federation preceding the provision of an apartment to the 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 security agreement. hiring These include, in particular:

  • Extracts from the service record, a certificate of family composition, papers confirming the completion of service and containing information about its total duration.
  • Copies of the divorce/marriage certificate, if available.
  • Certificates from the places of residence of the serviceman and his relatives since 1991: information from house books; messages (certificates) from the BTI until January 31. 1998.
  • Copies of financial documents from the places of residence of the employee and his relatives for the five-year period before the date of filing the application.
  • Information about the availability of TIN of the citizen and family members.
  • Data on the rights of citizens contained in the Unified Register of Housing for Military Personnel and Their Relatives on the Territory of the Russian Federation since January 31, 1998.
  • Copies of papers on the provision of additional social guarantees regarding the allocation of living space in accordance with the law.

If copies of financial records and documents from places of previous residence cannot be obtained, citizens present certificates stating that they cannot be provided. It is allowed to transfer other documents that confirm the rights of people in need.

Unified register of military housing

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

What can the base be used for?

Through the registry you can:

  • Check whether the personal data is filled out correctly.
  • Receive information about changes in legislation and regulations adopted by the Government.
  • Find out the location where the housing will be built. It can be indicated to a locality and a specific address.
  • See the construction map for the coming period and find out possible settlement options.
  • Receive information about the date of registration.
  • Find out your place in line.
  • Receive a list of documents that are necessary to register ownership of an apartment.

Compensation

It is due if housing has not been provided to military personnel. 2014 was marked by the introduction of a new procedure for providing assistance to those in need in purchasing apartments. By decision of the Government, persons belonging to this category were given monetary compensation instead of being provided with premises. The amount established by the state is sufficient to purchase housing both in a new building and on the secondary market. At the same time, citizens can 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 a larger area 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

Attribution to this category is carried out in accordance with Art. 51 Housing Code of the Russian Federation. Those in need of living quarters are considered to be military personnel living in official housing, whose duration of duty in general is more than 20 years. This category includes citizens who were dismissed when they reached the age limit, for health reasons, or on the basis of organizational and staffing measures with a total duration of stay in the army of 10 years or more.

The housing issue in Russia, perhaps, remains one of the most pressing and at the same time complex. Own funds to purchase a home are most often not enough, and loan obligations are exorbitant. The housing issue is especially acute during a crisis. However, there are at least 6 ways to get an apartment from the state for free without any additional payments.

Who is entitled to free housing from the state?

According to Russian legislation, there are at least 6 categories of citizens entitled to free apartments from the state.

The largest group of the population that has the opportunity to become new residents entirely at the expense of the state today remains the poor without their own apartments. The poor are those whose monthly family income for each family member does not exceed the subsistence level. Each region has its own cost of living; in Moscow, for example, it is about 14 thousand rubles.

Family income is not the only condition under which a Russian has the right to a free apartment. The criteria for classifying citizens as low-income may vary significantly in different regions of the Russian Federation.

People are considered to be in need of housing if:

  • the amount of property and income for a specified period does not allow for an area corresponding to the norm adopted by law;
  • the citizen lives in an apartment whose area per tenant is less than the norm established by law;
  • there are no other residential premises in the property or social lease that would allow the total amount to reach the legal norm of area per person;
  • a Russian has not deteriorated his living conditions for a certain period (usually 5 years) before submitting an application for a free apartment from the state.

An easier way to get an apartment from the state for free is to become a military personnel. The advantage of the military over the poor is that while they are waiting for free housing from the state to become their property, they can live free of charge in a service apartment at their place of work. There is a separate queue for military personnel, and the provision of housing is strictly controlled by the Ministry of Defense.

However, free square meters are only available to those who have served for the benefit of the Fatherland for at least 10-20 years. 10 years - if a military man was dismissed on preferential grounds (old age, health, etc.). In addition, to be included in the queue, military personnel must not have their own housing.

Similar housing programs apply to civil servants - judges, prosecutors, as well as rescuers of professional emergency rescue services. Today, civil servants of various ministries and departments and military personnel recognized as needing improved living conditions are provided with housing subsidies. Each category has its own budgets. But the most common payments are amounts up to 5 million rubles. If we take into account, those on the waiting list can afford modest housing.

For defenders of the Fatherland, there is a military mortgage, when within a 3-year period the state transfers funds to the serviceman’s account, which are then used as a down payment for the purchase of housing. After which, monthly payments are also made by the state - until the military man is dismissed. However, housing loans are limited to 2.5 million rubles.

Free housing from the state can be obtained through the privatization of official housing. But this method is rarer. Thus, the enterprise itself, which has it on its balance sheet, can transfer the apartment into the ownership of the employee. Most often, such an opportunity is discussed with the employer in advance.

In addition, you can become the owner of a service apartment in the event of liquidation of the company. When all the property of the enterprise passes to the municipality and it decides to leave the former employee of the liquidated organization with the living quarters in which he is registered. As a result, the Russian gets an apartment on social rent and all that remains is to privatize it.

Until March 2015, large families were provided with only free ones. But now land can be abandoned in favor of housing. At the same time, families with many children must meet certain requirements: belong to the low-income, to those not provided with living space according to the standards (less than 10 sq. m per person), to the residents of unsafe and dilapidated houses. In addition, in a region in which families with many children plan to move into a free apartment from the state, it is necessary to live for a certain period of time (each region has its own) and not worsen living conditions over the past 5 years (do not register relatives in the apartment, do not sell it, etc. .).

However, in Moscow, large families with five or more children are given temporary housing out of turn while they wait for their social rent (which can then be privatized). Moreover, it is provided per room per family member.

Also, Russians who are included in the housing program and large families with minor children who are registered are entitled to a subsidy at the standard cost of housing. But such a subsidy is not enough to purchase an entire apartment.

The fifth method concerns those who have housing, but it is unsuitable for living due to dilapidation and disrepair. Russians from the state in case of demolition of their previous housing. Moreover, they become new residents in their familiar area.

In addition, the “Avariek” settlers not only improve living conditions in terms of quality, but also quantity. Since the new apartment is provided at the rate of 18 sq. m per person.

Recipients of free apartments from the state are Russians with severe chronic diseases, with whom it is impossible for their family members to live in the same premises. The list of such diseases is determined by the Government of the Russian Federation. Among them are active forms of tuberculosis, malignant neoplasms with heavy discharge, chronic and protracted mental disorders with worsening painful manifestations, dementia, schizophrenia, epilepsy with frequent seizures, gangrene of the extremities, multiple sclerosis, congenital myopathy, cerebral palsy, consequences of various injuries, etc. .

Russian citizens whose income is below the subsistence level in a particular region are endowed with the constitutional right to receive free or subsidized housing from the state.

Conditions for the allocation of free apartments by the state

What are the conditions for the allocation of free housing in 2019?

When answering the question of how to get municipal housing, it is worth considering the key conditions for allocating free houses and apartments.

The Housing Code of the Russian Federation considers the provision of low-income citizens in need in order of priority, taking into account the following criteria:

  1. The financial situation of applicants for housing (the assessment is based on the family’s income, after which it is determined whether it will be able to purchase a home in the next 20 years).
  2. Not participating in privatization programs (such citizens already own real estate under social rental conditions).
When allocating housing, the order of priority must be taken into account. However, if documents for free housing are submitted by especially needy citizens, the list of which was given above, then housing is provided out of turn.

Required documents


In order to get on the waiting list for housing from the state, you must submit a package of certificates prepared in advance to the municipality.

It consists of the following documents:

  • Applications from all legally capable family members;
  • Copies of passports, birth certificates, SNILS, as well as marriage documents;
  • Documents containing information about income (2-NDFL or 3-NDFL);
  • A copy of a certificate confirming that the applicants have taxable property;
  • Apartment plan drawn up by BTI;
  • Extract sheet from the house register and personal account;
  • A certificate stating that the person (family) has lived in the locality for at least 10 years;
All copies of documents must undergo mandatory notarization.

Obtaining an apartment from the state in the Russian Federation may require the submission of other additional documents to provide the right to receive living space. At the same time, when submitting them to the commission for consideration, it is important to ask for a receipt from the receiving person.

The documents submitted by the applicant are studied in detail for 30 days, after which the applicant receives a positive decision or a refusal (in writing) to assign the status of needy comfortable living space.

The applicant can challenge the negative response from the municipal housing department in court.

What size of living space can the state provide?

Russian housing legislation clearly establishes what kind of residential premises can be allocated to needy citizens within the framework of a social rental agreement:

  • From 15 to 18 sq. meters per person;
  • At a minimum, a one-room apartment or dorm room.
If among the family members there is a pregnant woman whose pregnancy is 22 weeks or more, then the size of the allocated area increases by at least 15 square meters.

In addition to meeting the standards for the number of square meters of living space, other requirements are put forward for houses and apartments provided by the state:

  1. The living space must meet the criteria of a comfortable home (provided with communications and social infrastructure).
  2. The building must be located within the boundaries of a populated area.
  3. The house must provide conditions for citizens with disabilities (ramps, etc.).

When can housing be denied?

A citizen has submitted documents to receive free housing from the state, but he may be denied an apartment if he has deliberately worsened the conditions of his residence:

  • Exchanged a comfortable house for dilapidated or emergency housing with an additional payment;
  • Sold or issued a deed of gift for a completely habitable home;
  • Intentionally worsened the condition of the place of residence (permission or damage occurred through his fault);
  • Moved and registered third parties in the house (except spouses, children, parents).
All of the above actions must have taken place within the last five years (only five years of housing history is checked).

What does a social tenancy agreement provide for?

Receiving free housing from the state involves drawing up a social tenancy agreement, which stipulates such aspects as:

  • The legal right of the owner to live within the allocated residential area;
  • The need to pay utility bills for the amenities provided (water, gas, heating, etc.);
  • Monthly payment for an apartment received under social rent;
  • The right to registration in the home of relatives and other persons.
Recipients of municipal housing from the state have the right to subsequently privatize it in the standard manner.

What prohibitions apply to municipal housing?

Having decided how to obtain housing from the state, you should clearly understand what actions with municipal housing may be considered illegal.

  1. The owner does not have the right to sell, exchange, or give away the allocated municipal apartment.
  2. The possibility of renting out free apartments is excluded.
  3. Although the owner of the home has the right to register other persons in it, he cannot bequeath it to his heirs.

Such restrictions on municipal housing are quite justified: ownership of it remains with the state, therefore, the owner cannot determine its legal fate.

If a citizen neglects the rules and conducts an illegal transaction with a socially rented apartment, then such actions will not only entail confiscation of the living space, but may even become the basis for criminal liability.

The main options for obtaining apartments from the state


Many Russian citizens are wondering whether it is possible to get an apartment for free. Therefore, it is important to consider options for allocating comfortable living space.

You can count on this option:

  • Single-parent and single-parent young families with and without children, having the status of low-income people and in need of housing (spouses' age is up to 35 years);
  • Military personnel;
  • Persons who currently live in communal apartments;
  • Workers of the Baikonur cosmodrome;
  • Participants in the liquidation of consequences of radioactive disasters;
  • Disabled people and pensioners (primarily those who lived and worked in the Far North);
  • Large families;
  • Persons who moved from other countries due to political, national and religious persecution.

If a citizen participates in one state program to receive a free apartment, then he cannot apply for other housing programs. If a serviceman participates in the NIS, then he is not entitled to receive an apartment under programs for those in need).

February 18, 2017, 00:10 March 3, 2019 13:50

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