Additional meters of housing for military teachers. Legislative regulation
In exceptional cases, some groups of people may use their own right to additional living space. The reason for its use by military personnel and other categories of persons is the special provisions adopted in the country. In order to purchase an additional meter, you must be in the queue and belong to the category of persons who can receive it.
What is the additional area
There is such a thing as the norm by which living quarters are distributed. For military personnel, this norm is determined by federal law. Other categories of persons are controlled by decrees of 2006 and 2004. Given the work of this law, the military can queue for them and their families to get an apartment with apt. m. taking into account 18 square meters. m. for a family man living with them.
Only the living area is taken into account, each apartment has a non-residential one - a kitchen, sanitary facilities, utility rooms, a balcony, an entrance hall, interior corridors, a loggia or other utility rooms, depending on what is in this apartment.
Additional residential meters are provided for those certain categories of citizens who are legally entitled to this - these may be military personnel, people with disabilities, persons with severe systemic diseases, Heroes of the Russian Federation or the USSR, Heroes of Labor, judges and citizens working in the Investigative Committee. Each group of people has the right to receive additional meters of different numbers - from 15 to 20.
It's important to know! The law does not specify how the area should be provided, therefore it can be implemented both in one larger apartment and in a separate apartment with the indicated living area. Therefore, soldiers who are in the queue for the provision of additional space may be provided with several apartments, provided that there is no possibility to provide one apartment of the required area.
Most often, the area is provided in the form of an additional isolated room as part of the total area of \u200b\u200ba house or apartment. But it also happens that it is part of one large room in terms of exceeding the norms laid on a person.
Which of the servicemen is entitled to additional meters
The category of servicemen who serve under the contract and move to another city as intended, housing is issued in accordance with the provision rate for each member of the family of a soldier for the entire stay, taking into account additional residential meters. Military personnel are entitled to additional. the area of \u200b\u200bthe premises in terms of receiving 15 residential square meters. Rights to add. the area of \u200b\u200bthe living quarters for military personnel is given in certain cases:
- An officer serves in the rank of at least a colonel or is dismissed after reaching the deadline for tenure;
- The officer was downsized due to organizational and staffing activities;
- The officer was dismissed from military service for health reasons;
- The officer was the commander of a military unit;
- A serviceman of any rank has honorary awards of the Russian Federation;
- A serviceman is a teacher in a military educational institution, in a military department - he can exercise his right only while working at the department;
- A soldier is a scientist or has degrees, titles and awards.
This category of people includes people who participated in the Great Patriotic War or any other military operations to protect the USSR from ill-wishers. It is necessary to provide partisans of the Great Patriotic War and the disabled people who became such during the defense of the Motherland with additional meters.
People with disabilities
People who suffer from serious illnesses are entitled to housing. This list of diseases is indicated in a special closed List, which includes people with an open form of tuberculosis or HIV, various mental illnesses, or severe forms of mental neurosis. It can be gangrene, epilepsy, hysteria and other similar diseases. These can be mental illnesses that require mandatory annual monitoring in a hospital, or diseases of the central nervous system.
This category also includes people with prolonged mental disorders or frequent exacerbations. In order to be eligible for additional meters, a person must update the hospital certificate every year that he is undergoing treatment. In this case, the person is granted the right to an additional 10 residential meters.
It's important to know! People with disabilities are entitled to housing with additional space, indicated in the list of diseases and approved by the Government of the Russian Federation. They have a separate living room, since by law sharing a room with such a person is not possible. Diseases from the list include chronic diseases leading to damage to the lower extremities, impaired renal function or any pelvic organs. This also includes spinal cord injury and its consequences.
A separate living room is supposed to provide people with purulent fistulas, fecal or urinary incontinence in cases where this process is not reversible and can not be treated. Being in the same room with such a disabled person is not possible, therefore a room is provided. This list includes cerebral palsy and all diseases that imply the mandatory presence of a wheelchair.
Officers of the Department of Internal Affairs, tax police and justice
It is necessary to provide residential premises with additional area if the police officer is at least the rank of colonel. Placed area and persons who are in the service or dismissed with the rank of colonel of justice or internal service. The same applies to people in the service of the tax police. All ranks received above the colonel are taken into account and give the right to additional residential meters.
These categories of persons can receive both an area of \u200b\u200b10 residential square meters in excess, and a separate isolated room in this meter. Tax police officers are entitled to an increased standard of up to 15 residential square meters. In order to be in the queue and receive these meters during distribution, you need to have an official certificate confirming the position, and every year a certificate from the place of work is received. The certificate should indicate that the person is working in the same place and in the same position or above it. A confirmation can be a pension certificate.
Artists, figures of art, technology and science
People who have received the title of Honored Artists of Russia or the USSR, Honored Artists, Honored Workers of Technology or Art, People's Artists have the right to provide social benefits and additional living space in the form of 10 square meters. In order to confirm your right, you need to provide a document on conferring a title and identification documents.
Inventors and Fine Art Workers
The inventors who have a special certificate confirming their title can expand the living space. This also includes people who are highly or highly qualified in the visual arts. To obtain such a living space, people of these specialties must present a special certificate. In this case, they will be entitled to receive an additional 10 meters of area.
Judges, prosecutors and investigators
The duties of a judge, investigator or prosecutor are complex and involve tremendous nervous responsibilities. On this basis, they are granted the right to receive additional living space of up to 20 square meters. To get these meters, you need to provide every year a special fresh certificate of employment. After dismissal from this position, the privilege of having additional space disappears.
Important! Heroes of the Russian Federation and the USSR, full holders of the Order of Labor Glory and holders of the Order of Glory, and also heroes of socialist labor have the right to extra meters. To exercise your right, you must show a document confirming the fact of the award.
Additional area remains for most of these categories of people. Basically, this is the award of honorary titles to people who have worked for a long time, or who have accomplished a feat. For some categories of citizens, the right to use additional meters of living space is lost along with dismissal from work.
If we make the calculation, then according to this norm, you and your family have a total area of \u200b\u200b54 square meters. meter (18 sq. m * 3 people) Next, it should be noted that the PMO 1280 contains an important reservation on the case of the inability to provide official housing at the above rate of 18 sq.m. per person. In this case, the Ministry of Defense permits to provide the serviceman with smaller areas, but only with the consent of the military man himself. And one more subtlety that you need to know about.
How many square meters are per person: the subtleties of housing legislation
m. but not less than 16 square meters. m. depending on the region; For two family members, the apartment area is 42 square meters.m .; For one person - 33 square meters. meters. LCD RF determines some of the nuances in calculating the norm of living space. Firstly, when two family members and one stranger live, the area of \u200b\u200bthe residential property should be from 54 to 62 square meters.
m. Secondly, with the residence of three persons who are not members of the family, the area of \u200b\u200bthe premises is set in the range from 62 to 74 square meters.
How many square meters of service housing is required for a soldier
The permissible height of the operating residential building and the floor area within the fire compartment, which is part of the common property of the owners of premises in an apartment building, must comply with the class of structural fire hazard of the building and the degree of fire resistance established in the current regulatory legal acts, and ensure the fire safety of the living room and residential building as a whole.How to get an apartment for a soldier with an increase in living space?
Not much, you think ... If you are making a GHS, then a family of two has 42 square meters, 54 square meters, if you have one child, or 72 square meters, if twins.If you register a dwelling (apartment) as a property for free or under a social contract of employment, then multiply 18 square meters by 2, 3 or 4., respectively. Upon receipt of a lump sum payment for the purchase or construction of a dwelling, the amount is determined by the Government of the Russian Federation. If you are married, then the situation is more complicated.
What are the military housing standards?
Clause 1, Article 15.1 of Federal Law dated May 27, 1998 No. 76-ФЗ “On the Status of Military Personnel” enshrines a special rule that is taken into account under certain conditions and in strictly defined cases. It is 18 square meters. m of total area per person.
A family of 2 or more people relies on 18 square meters.
meters of total area per person. However, subject to the rules of paragraph 2 of Art. 15 Federal Law (i.e.
taking into account the design and technical parameters of apartment buildings) the size of the total area can be exceeded by 9 square meters. meters. Therefore, for a family of 2 people, an apartment with a total area of \u200b\u200bup to 45 square meters can be provided. meters.
In all cases, the rules for the provision of residential premises, enshrined in paragraph.
1 tbsp. 58 of the Housing Code of the Russian Federation (entered into force by the Federal Law of December 29, 2004 No. 188-FZ). In accordance with the requirements enshrined in the LC RF, these rules can be formulated as follows:
Taking into account the design and technical parameters of an apartment building or a residential building, a dwelling, provided in accordance with this Federal Law for free ownership or under a social contract of employment, may be provided with a total area exceeding the size of the total area of \u200b\u200bthe dwelling, determined on the basis of the provision for the provision of the living area the premises referred to in paragraph 1 of this article, and provided for in paragraph 2 of this article, an increase in the size of the total area of \u200b\u200bthe premises.
To do this, a soldier submits a report to the commander of the military unit with the application of documents confirming the need for housing. This category does not include conscripts, foreign nationals, as well as housing officers.
Service premises are provided at the locations of the military unit, and in the absence thereof, in nearby cities and other settlements.
In addition, the property provided must comply with all requirements for residential premises and be issued within the limits established by the state.
How many meters of housing should a soldier have?
Answer: If housing is provided under a social contract of employment or is provided free of charge to the serviceman (decision of the federal executive body), then 18 sq. M.
Decree of the Government of the Russian Federation of October 24, 2013 N 942
"On the approval of the Rules for payment by military personnel, citizens discharged from military service, recognized as needing housing by the federal executive body or federal state body, in which federal law provides for military service, the total area of \u200b\u200bthe living quarters exceeding the rate of provision of living quarters established by the article 15.1 of the Federal Law "On the status of military personnel"
With changes and additions from:
4. A dwelling with a total area exceeding the provision rate is proposed by the federal body by notifying a soldier, a citizen discharged from military service, about the possibility of providing him with such a dwelling. When a soldier, a citizen dismissed from military service is notified, he shall be informed of the information specified in paragraphs 2 and of these Rules.
Change Information:
By Decree of the Government of the Russian Federation of January 29, 2015 N 70, paragraph 5 was amended to apply to legal relations arising from January 1, 2014
5. When a soldier, a citizen who has been discharged from military service, expresses consent to the provision of housing specified in clause 4 of these Rules, with payment of the total area of \u200b\u200bthe living space exceeding the provision rate, at his own expense they shall be notified to the federal body about this in time later than 3 working days from the date of its notification. Not later than 3 working days from the date of receipt of the consent of a soldier, a citizen who has been discharged from military service, the federal body shall send him an agreement signed by an authorized official of the federal body to pay for a living space that exceeds the provision rate (hereinafter - the agreement).
6. The following information must be indicated in the agreement:
a) the size of the total area of \u200b\u200bthe premises provided;
b) the size of the total area of \u200b\u200bthe premises, determined on the basis of the provision of the area of \u200b\u200bthe premises specified in paragraph 1 of Article 15.1 of the Federal Law;
c) the maximum size of the additional total area of \u200b\u200bthe dwelling, the right to which is a serviceman, a citizen dismissed from military service, in the cases provided for in paragraph 2 of Article 15.1 of the Federal Law;
d) the maximum size of the total living space provided for by the design and technical parameters of an apartment building or residential building, provided for by paragraph 3 of Article 15.1 of the Federal Law, exceeding the size of the total living space, determined on the basis of the provision of the living space specified in paragraph 1 of Article 15.1 of the Federal Law, and the maximum size of the additional total area of \u200b\u200bthe dwelling, the right to which is a serviceman, a citizen, dismissed from military service Luciano provided for in paragraph 2 of Article 15.1 of the Federal Law;
e) the size of the total area of \u200b\u200bthe dwelling that exceeds the provision rate;
e) the cost of 1 square. meters of the total area of \u200b\u200bthe dwelling, determined on the basis of the state contract for the acquisition (construction) of the dwelling, and in case it is impossible to establish the cost of the acquisition (construction) of the dwelling, based on the residual value of 1 sq. meter of the total area of \u200b\u200bthe premises;
g) the size of the payment of the total area of \u200b\u200bthe dwelling in excess of the provision rate;
h) deadlines for payment of the total area of \u200b\u200bthe dwelling exceeding the provision rate; N 40101 "Revenues distributed by the federal treasury bodies between the budgets of the budget system of the Russian Federation", for their subsequent transfer to the federal budget income according to the budget revenue classification code 000 1 13 02991 01 0000 130 "Other income from the compensation of the costs of the federal budget."
9. In the event of the death (death) of a soldier, a citizen dismissed from military service, these Rules apply to members of his family.
In recent years, our state has finally begun to remember its citizens and even show concern. The housing issue is particularly acute nowadays, real estate prices have risen at least 10 times over the past 20 years, for many families there is no way to earn or save money for their own housing, so various state housing programs and housing subsidies that allow Russians to become real help become owners of your own apartment. Exactly in the same unpleasant situation since the very 90s there have been families of military personnel.
Perhaps many have heard and know how officers and contract soldiers have been waiting for apartments from the army for years, how much nerves and energy was spent, and what a joy it was to be happy to receive an apartment, even if it was dismissed, s. But, over the past few years, the situation has begun to change dramatically - the state program for providing subsidies for the purchase of housing for military personnel has begun to work. Let's understand what it is, what are the conditions for obtaining such a subsidy, the timing, nuances and pitfalls, to whom how much is due, who is entitled to additional square meters, etc.
What is a housing subsidy for military personnel?
The procedure and rules for state housing subsidies for military personnel have been greatly simplified in recent years. If the military who previously stood in line for housing was provided with housing only houses built by order of the Ministry of Defense (as a rule, these were new buildings in not very convenient places, which entailed the need to spend an impressive amount of time to get from the house to the duty station) , now the military personnel receive not the apartments themselves, but certain amounts in the form of housing subsidies and they themselves choose which housing to spend them on.
A family of a serviceman in need of housing is provided with a subsidy in the amount that will allow them to purchase high-quality, comfortable housing directly in the area of \u200b\u200bservice by an officer or contractor. The soldier himself has the right to choose the type of housing for himself and his family, as well as the location of the apartment, street, district and even the city. At the same time, according to the new rules, you can buy housing in the secondary market, and not just in new buildings, so that purchased housing can be much larger in terms of footage, more convenient in location, have favorable infrastructure and more attractive in other respects.
What is the size of the subsidy for housing for military personnel?
Most military personnel are concerned about the main question: what will be the amount of payment for this housing subsidy? First of all, it directly depends on the number of family members and length of service of the military, and the exact amount is determined by the established formula. The amount of subsidies is determined by Decree of the Government of the Russian Federation N 76 "On approval of the rules for calculating subsidies for the purchase or construction of residential premises (residential premises) provided to military personnel - citizens of the Russian Federation and other persons in accordance with the Federal Law" On the Status of Military Personnel ", it also contains standards of the necessary housing area for the family:
- 33 sq. meters for lonely living military,
- 42 sq. M. meters - for couples
- 18 m for each member of the family in those families whose composition is from 3 people or more.
When calculating the size of the subsidy for the purchase of housing by military personnel, the average market value of 1 square meter is used, which is approved for 2019 and amounts to 43,374 (forty three thousand three hundred seventy four) rubles per 1 m2.
There are standards for the cost of housing in Moscow, St. Petersburg and other constituent entities of the Federation, for example, for Moscow this figure is 91 670 rubles for 2019, and for the Moscow region 61 040 rubles, in St. Petersburg the cost of a square is 71 053 rubles, in Leningradskaya oblasts - 41,220 rubles, in Sakhalin the standard price per square meter is 69,467 rubles, in the Nenets Autonomous Okrug (63,535) and the Yamalo-Nenets Autonomous Okrug (59,154 rubles) autonomous okrugs, in Yakutia 58,420 rubles per square meter.
In addition, in calculating the amount of the subsidy, a correction factor is used, which is determined based on the seniority of a soldier:
- from 10 years to 16 years of military service - 1.85;
- from 16 years to 20 years of military service - 2.25;
- from 20 years to 21 years of military service - 2,375.
Starting from the 21st year of service, the correction factor (2.45) increases by 0.075 for each year of military service over 21 calendar years - up to 2.75 inclusive (2.75 is the maximum value of the correction factor).
As a result, payments to the military for housing subsidies represent quite good amounts that will actually allow the military family to purchase housing (an apartment, a house or a cottage). The size of the subsidy for the purchase of housing by military personnel can range from 2 to 11 million rubles on average, providing the opportunity to purchase living space in almost any region of Russia, including large cities, including Moscow and St. Petersburg.
An example of calculating the subsidy for the purchase of housing by the military:
An officer of the Armed Forces of the Russian Federation, served in the army for 20 years, married, has a family (wife and three children). We begin to consider: the size of the housing subsidy \u003d 5x18 (18 square meters of living space for each family member) x 43,374 rubles (standard average market value of 1 square meter for 2019) x 2,375 (correction factor of service) \u003d 9,271,292.5 rubles.
As you can see, the amount of the housing subsidy is really worthy, for the money you can buy an apartment in almost any city in Russia! To independently calculate the amount of the subsidy, you can use subsidy calculator for the acquisition or construction of housing military personnel http://mil.ru/files/files/calc/.
The nuances of housing subsidies for military personnel
It is important to take into account the nuances in which it is possible to significantly reduce the amount of payments for housing subsidies to the military. If an apartment / house / cottage was previously purchased by the military personnel and this housing is in his ownership (it does not matter, on the territory of the Russian Federation or outside it), then at least he will be allocated a housing subsidy, but the calculation of the footage will be carried out minus the already existing housing.
We have sorted out the housing, its size will be deducted from the estimated amount of the subsidy, and what will happen if a soldier lives under a social loan agreement? Exactly the same deduction will be made here, and the area of \u200b\u200bthe provided subsidized housing will also be smaller. Therefore, in the case of social hiring, a soldier has the right to refuse such housing by submitting a written application to terminate the social loan agreement and transfer the current non-privatized housing to the owner (usually municipal authorities). After which he is entitled to a 100% subsidy, he will be able to receive the full amount and buy his own property already!
Often there are questions about what will happen to the housing subsidy if both spouses are military? In this case, due subsidy payments are not cumulative! The law allows you to apply for a subsidy to that family member, due to which the provided housing will look more attractive. For example, this is possible due to the longer length of service of one of the spouses or the additional 15 square meters laid for him for certain reasons.
Russian legislation provides for a type of deferral of housing subsidies. That is, if desired, the soldier to whom this subsidy is entitled may not immediately apply for it, increasing the length of service of his years and, accordingly, thereby increasing the number of square meters of his living space in the future. Naturally, this is an attractive factor for those families that do not spend large sums on accommodation in rental housing, otherwise the benefit of delaying the receipt of a housing subsidy will be doubtful.
Who needs the extra 15 square meters?
There are certain categories of military personnel who can rely on an additional 15 square meters of living space. According to the above Decree of the Government of the Russian Federation of N 76, as well as in accordance with Article 15.1. “The norm for the provision of living space. The total area of \u200b\u200bthe living quarters ”of Federal Law N 76-ФЗ“ On the Status of Military Personnel ”, such rights are defined for the following categories of military personnel:
- Commanders of military units;
- Military personnel with the honorary title of the Russian Federation
- Teachers of military universities (military departments at civilian universities);
- Employees of military scientific institutions with academic degrees;
- Colonels, generals, marshals.
A soldier with a military rank of colonel, equal to him or higher, serving in the military or dismissed from military service upon reaching the age limit for military service, due to health reasons or in connection with organizational and staffing activities, the commander of a military unit, a military man with an honorary rank of the Russian Federation, serviceman - teacher of a military professional educational organization or military educational organization of higher education, military department at the state educational institution of higher education, a serviceman - a scientific worker having a scientific degree and (or) academic rank, when providing them with premises, including office premises, have the right to additional total living space ranging from 15 to 25 square meters.
It is planned that starting from 2023, the construction of official housing by order of the Ministry of Defense of the Russian Federation will be almost completely stopped and the main tool for providing military personnel with housing will be a military mortgage, that is, military personnel serving under the contract will be provided with housing under state military mortgage lending programs.
Such an initiative comes from State Duma deputies Sergey Mironov, Andrei Rudenko and Oleg Nilov. The parliamentarians propose to clarify the current procedure for supplying military personnel with an additional total area of \u200b\u200bresidential premises ranging from 15 to 25 square meters. m
To this end, deputies submitted two bills to the State Duma. The first document is to prescribe that teachers of existing military training centers and military education faculties within universities have the right to additional living space on a par with the rest of the military teachers.
Recall that previously these persons enjoyed the right to such an area, but in November 2009, after the military training system in universities was transformed into new forms - military training centers, military education departments and military departments - they lost it (Decree of the Government of the Russian Federation of March 6, 2008 g. No. 152 "").
According to the current legislation, only teachers of military departments can take the opportunity to obtain additional housing (paragraph 2 of Article 15.1 of Federal Law of May 27, 1998 No. 76-FZ ""; hereinafter - the law on military personnel). As a result, the deputies emphasize, this led to the fact that the housing authorities of the military departments began to interpret this norm literally and began to refuse other military personnel teaching in the living space due to them.
The second legislative initiative is aimed at restoring the right to additional living space for former military personnel with a rank lower than a colonel who, while serving, did not exercise this right.
The authors of the bills note that today these soldiers cannot get additional living space due to a legal conflict. The fact is that one of the current standards says that to get an additional 15-25 square meters. m can only colonels and persons with a higher rank (