Additional meters of living space for a soldier. The nuances of subsidies for the purchase of housing for military personnel
In exceptional cases, certain 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 additional footage, you must be in the queue and belong to the category of persons who can receive it.
What is extra space
There is such a thing as the norm according to which residential premises are distributed. In terms of military personnel, this norm is determined by federal law. Other categories of persons are controlled by the Decrees of 2006 and 2004. Given the work of this law, the military may stand in line for them and their families to receive an apartment with a sq. m., taking into account 18 sq. m. for a family man living with them.
Considered exclusively living space, each apartment also has a non-residential one - a kitchen, sanitary facilities, utility rooms, a balcony, an entrance hall, intra-apartment corridors, a loggia or other utility rooms, depending on what is in this apartment.
Provided with additional residential meters those separate categories citizens who are legally entitled to this - these can be military personnel, disabled people, people with severe systemic diseases, Heroes Russian Federation or the USSR, Heroes of Labor, judges and citizens working in the Investigative Committee. Every group of people has the right to receive additional meters different quantities - from 15 to 20.
It's important to know! The law does not specify how the area should be provided, so it can be realized both in a single larger apartment, and in a separate apartment with a specified living area. Therefore, military personnel who are in line for the provision of additional space may be provided with several apartments, provided that it is not possible 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 total area residential building or apartment. But it also happens that it is part of one large room in terms of exceeding the norms laid down for a person.
Which of the military personnel is entitled to additional meters
The category of servicemen who serve under a contract and move to another city for their intended purpose is provided with housing in accordance with the provision rate for each family member of a serviceman for the entire period of stay, taking into account additional residential meters. Military personnel are entitled to living area in terms of obtaining 15 residential square meters. Rights to additional the area of \u200b\u200bliving quarters for military personnel is given in certain cases:
- The officer serves in the rank of at least a colonel or is dismissed after reaching the maximum term of service;
- The officer was reduced under the influence of organizational and staff measures;
- The officer was fired from military service for health;
- The officer was the commander of a military unit;
- A serviceman of any rank has honorary awards of the Russian Federation;
- A soldier is a teacher in the military educational institution, at the military department - can exercise the right only while working at the department;
- A serviceman is a research worker or has academic degrees, titles and awards.
This category of persons 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 additional meters to the partisans of the Great Patriotic War, and to the disabled who became such during the defense of the Motherland.
Disabled and people with serious illnesses
People who suffer from serious illnesses have the right to be provided with housing. This list of diseases is indicated in a special closed List, it includes people with an open form of tuberculosis or HIV, various mental illnesses or severe forms of mental neuroses. It can be gangrene, epilepsy, hysteria and other similar diseases. These can be mental illnesses that require mandatory annual observation in a hospital, or diseases of the central nervous system.
This category also includes people with prolonged mental disorders or frequent exacerbations. To be eligible for additional meters, a person must update a certificate from the hospital each year that they are undergoing treatment. In this case, the person is entitled to an additional 10 residential meters.
It's important to know! Persons with disabilities specified in the list of diseases and approved by the Government of the Russian Federation are entitled to provide housing with additional space. They are entitled to a separate living room, since by law it is not possible to stay in the same room with such a person. The diseases from the list include chronic diseases leading to damage to the lower extremities, impaired function of the kidneys or any pelvic organs. This also includes spinal cord injury and its consequences.
It is supposed to provide a separate living room for people with purulent fistulas, fecal or urinary incontinence in cases where this process is not reversible and cannot be treated in any way. Being in the same room with such a disabled person is impossible, so a room is provided. This list includes cerebral palsy and all diseases that require the mandatory presence of a wheelchair.
Police officers, tax police and justice
It is necessary to provide living quarters with additional space if the police officer has a rank of no less than a colonel. The area is also assigned to persons in the service or dismissed with the rank of colonel of justice or internal service. The same applies to people who are in the service of the tax police. All ranks 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 10 residential square meters above the norm, and a separate isolated room in this footage. Tax police officers are entitled to an increased standard - 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 received. The certificate must indicate that the person works at the same place and in the same position or higher. A pension certificate can serve as confirmation.
Artists, artists, technicians and scientists
People who have received the title of Honored Artists of Russia or the USSR, Honored Art Workers, Honored Workers of Technology or Art, People's Artists are entitled to 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 confirming the title and identity documents.
Inventors and artists
Living space can be expanded by inventors who have a special certificate confirming their title. This also includes people who have higher or high qualifications in the visual arts. To receive 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 space.
Judges, prosecutors and investigators
The position of a judge, investigator, or prosecutor is complex and involves enormous, nerve-wracking responsibilities. On this basis, they are granted the right to receive additional living space in the amount of up to 20 square meters. To get these meters, you need to provide every year a special fresh certificate from the place of work. After leaving this position, the privilege of having additional space disappears.
Important! Heroes of the Russian Federation and the USSR, full cavaliers of the Order of Labor Glory and cavaliers of the Order of Glory, as well as heroes of socialist labor, have the right to additional meters. To exercise your right, you must show a document confirming the fact of the award.
Additional space remains with most of the listed categories of people. Basically, this is the awarding 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.
One of the highest priority government issues is the provision of housing for military personnel. While they carry out their work, they often have to move from one place to another, usually with their family. For this reason, the military can count on the provision of official housing or on payment for a rented apartment by the state.
When the term of service under the concluded contract ends, they have the right to receive additional area of \u200b\u200bliving space or separate real estate in their ownership. By current legislation transfer to the reserve without allocation of an apartment or house is not allowed, while instead of providing real estate, payment of an equivalent sum of money. Participation in the military program is also available. mortgage lending allowing you to become the owner of real estate on favorable conditions and no queue.
The article below will discuss in detail general order military housing, norms of allocated area, the necessary conditions to obtain and other features of this procedure.
Regulation of the issue at the legislative level
The provision of housing for this category of citizens is regulated by:
- Decree of the President of the Russian Federation (hereinafter referred to as the Decree), guaranteeing the transfer to the reserve only with the provision of housing.
- the Housing Code of the Russian Federation (hereinafter referred to as the RF Housing Code), which establishes the criteria by which a serviceman is recognized as needing housing;
- Federal Law "On the status of military personnel" dated May 27, 1998 No. 76-FZ (hereinafter No. 76-FZ), which regulates the procedure for obtaining real estate.
- Order of the Ministry of Defense No. 510 (hereinafter referred to as the Order), which determines the conditions for granting this benefit;
- Decree of the Government of the Russian Federation (hereinafter referred to as the Decree), guaranteeing the allocation of housing to the military, whose service life is 10 years or more.
In accordance with Article 15 No. 76-FZ, an apartment or house can be claimed by:
- officers who graduated from military schools;
- contract soldiers staying in closed-type military camps;
- officials who entered into a contract after the beginning of 1998
It is important that in addition to receiving an apartment or the amount to purchase it, the state provides for the possibility of participating in. It allows you to get housing without a queue and a minimum of 10 years of service. An initial fee and further loan payments are provided by the state, which makes it an affordable and profitable way to get your own real estate.
To be placed in the queue, it is necessary to recognize a serviceman as in dire need of housing. To do this, he needs to provide relevant evidence.
The rules for recognizing military personnel in need of residential premises are determined by the Decree. The basis for such a conclusion is the accounting norm of living space established by Russian legislation for the place of his military service or permanent address of registration. For this reason, the first step that a contractor needs to take is to apply to be placed on the waiting list for housing.
Housing standards for military personnel
State-provided housing for military personnel must comply with accounting standards adopted by law - this is a prerequisite for the implementation of the program to provide military housing.
Housing standards for military personnel are 18 m² for each resident. If the property is provided after the death of the military, the area is determined by taking into account all family members, along with the deceased officer. Taking into account the characteristics of some apartment buildings the allocated real estate may be larger, while the increase in the provision rate is possible by no more than 9 m² for a lone officer, and no more than 18 m² for members.
What threatens the intentional deterioration of living conditions
Although the intentional deterioration living conditions military personnel is quite common, there are no clear criteria in the legislation by which it can be determined, therefore, any transactions made by a military serviceman or a member of his family to alienate from existing property are recognized as intentional deterioration. For example, if the officer or his wife were co-owners of the house, sold, donated it, thereby getting rid of the property.
The commission of such actions for 5 years deprives the soldier of the right to apply for housing. The countdown starts from the moment the real estate transaction is completed. After specified period expires, it can re-queue.
General instructions for providing housing
In accordance with the Instruction on the provision of housing for military personnel, the algorithm of actions is as follows:
- To get an apartment, you need to write an application to the Housing Department of the Ministry of Defense of the Russian Federation. The document is drawn up according to the established pattern.
- After the application is accepted, the applicant will be entered in the Unified State Register as in need of housing. It contains all currently available apartments for military personnel. Anyone can access the database, which allows not only to monitor how far the applicant has advanced in the queue, but also to check the correctness of the entered data.
- The appeal is considered within 30 days from the date of registration, after which the applicant is notified of his placement in the queue and given a list of documents to be submitted.
The procedure for providing housing is carried out in order of priority, taking into account the applicant's available benefits.
Registration of military personnel in need of housing
To join the queue for an apartment, in addition to the application, you must submit a package of documents to the Department. Registration of those in need of housing is carried out on the basis of:
- personal passport;
- military ID;
- passports and birth certificates of all members of the applicant's family;
- marriage certificates;
- an extract from the Unified State Register of Real Estate, confirming the fact of the absence of one's own housing;
- bank statement for the last 5 years;
- documentary evidence of benefits that are not related to the status of the military (if any).
It should be taken into account that the presence office apartment is not an obstacle to being placed on the waiting list for permanent housing.
How to get housing for a military pensioner
Housing for military pensioners is provided if they were dismissed due to:
- achieving maximum service life;
- health conditions;
- holding public events.
In all listed cases service life must be at least 10 years.
The Department also deals with the distribution of apartments for military pensioners, therefore, in order to be put on the queue, you need to write a petition to the address of this particular body. A package of documents must also be attached to it. In addition to the list listed above, pensioners must additionally submit a pension certificate. Further, the procedure is carried out in the standard manner: the applicant stands in line, after a certain amount of time he is provided with housing or a sum of money for its purchase.
Re-housing
The legislation provides for the possibility of re-provision of housing for the military. This is allowed if the applicant is again recognized as in need of better housing conditions. This is possible as a result of a change in the composition of the family: an increase in the number of members or the appearance of dependents. For example, if a lone officer received an apartment, he is removed from the queue. Subsequently, if he marries and / or has children, the area allocated by the state will not meet the accounting standards. Thus, he will again be recognized as in need of housing, and may re-join the queue for legal grounds, while the property he owns will be taken into account when allocating housing, and the area of the re-provided apartment will be reduced by the number of square meters of the property issued earlier.
Meanwhile, every serviceman, whose service life is not less than 10 years, can count on receiving an apartment / house from the state or a sum of money for its purchase. However, the queuing procedure has many nuances that must be considered.
If you have experience in obtaining housing in one of the ways listed in the article, share it in the comments.
These indicators are set for each region separately, and, for example, in Moscow today they are 10 sq.m. for separate apartment and 15 sq.m. for communal.
Norm m2 when calculating EDV
The calculation of the subsidy is fixed by the Decree of the Government, and takes into account the interests of lonely defenders of the Fatherland, as well as those who do not have children. For them, the established square meters are overstated to 33 and 42 sq.m. respectively.
In addition, when calculating the EDV, as in the case, the officer’s grounds for receiving a subsidy for preferential meters in an amount not exceeding 15 sq.m. are taken into account.
When calculating the amount, the length of service is also taken into account, which is taken into account with the help of a multiplying factor, the indicators of which depend on the service life.
If the defender of the Fatherland or family members, under a social contract or in the ownership of another living space, its size will be deducted when calculating the norm for providing living space to military personnel.
However, despite the calculation of the UDV based on the norms for the receipt of real estate by officers, real estate purchased with the issued funds can significantly exceed the norms established by law.
Moreover, when buying an apartment, you can also use own funds. This does not contradict the law and will allow the officer to purchase more spacious and comfortable housing in a safe house.
Military mortgages and housing norms
For the defenders of the Fatherland, a good alternative to providing housing can be the so-called military mortgage or accumulative-mortgage system (NIS) housing.
The accounting norm for the area of a dwelling (accounting norm) is minimum size area of residential premises, on the basis of which the level of provision of citizens with the total area of residential premises is determined in order to be registered as those in need of residential premises. The size of such norm cannot exceed the size of the provision norm. This standard is used solely for the purpose of registering citizens as those in need of residential premises.
Who is entitled to additional meters?
The norm for the provision of housing to military personnel is established by Article 15.1 federal law dated May 27, 1998 No. 76-FZ "On the status of military personnel" and is 18 square meters per family member.In addition, the right of a serviceman to an additional area of 15 to 25 square meters is taken into account. In this regard, military personnel who have the right to provide a large area with living quarters are provided with two living quarters in the absence of the possibility of providing one living quarter of the required area.
Providing a subsidy for the purchase of housing for military personnel in 2019
Families of servicemen have been in exactly the same unflattering situation since the 1990s.Perhaps, many have heard and know how officers and contractors have been waiting for apartments from the army for years, how much nerve and effort was wasted, and what a joy it was to receive a happy apartment, albeit small, but upon dismissal from military service.
But, over the past two years, the situation has begun to change dramatically, so for two years Government program providing subsidies for the purchase of housing for military personnel.
Forum of Legal Mutual Assistance for Military Personnel
ex-military commissar wrote: others.such a situation came out. until December, he served as a military commissar of the district, in the rank of p / p-k, in December 2009 the LCD of the VK Oblast was recognized as needy, in the report he immediately wrote about additional squares, the recognition protocol was denied because I am not a CC, from January 1 2010 put at the disposal of the Chief OMU of the Okrug, he did not challenge the additional squares in court.
Listener. Everything is correct, of course!
if you carefully read this paragraph "3.1", you will understand that it applies only to WIDOWS and CHILDREN of dead (deceased) military personnel. And here we are talking about FORMER SERVICEMEN who HONESTLY resigned under one of the preferential articles: having reached the age limit for military service, for OSHM and due to illness, in the hope of a fair attitude towards themselves from the state.
On the right to additional living space while being at the disposal or dismissal from military service
The position of the Chief Military Prosecutor's Office of the Russian Federation.as well as the Director of the Legal Department of the Ministry of Defense of the Russian Federation, who are on the side of such military personnel on this issue, unfortunately, does not coincide with the position of the courts. In the opinion of the Chief Military Prosecutor's Office, “the dismissal was caused by an objective factor independent of the will of the serviceman - the conduct of organizational and staff measures.
Such a forced change in official position is predetermined by the need to resolve issues of further military service by a military serviceman and is limited to a six-month period.
Standard housing area for military personnel
Legislation clearly establishes the category of military personnel who can count on receiving apartments from the state. or Money for its purchase. In addition, a change in the status of a serviceman upon his dismissal does not in any way affect his receipt of real estate from the state.The calculation of the subsidy also depends on the norms of living space, but it is calculated a little differently.
Thoughts of lawyers aloud
Being in a hopeless situation and afraid not to wait at all for their turn, the servicemen agree to pay extra for additional meters of housing, and this amount, taking into account the cost of one square meter, it can be quite significant, and sometimes even huge. And, in order to finally realize their long-term dream and become a homeowner, many even have to get into debt: take loans.Not everyone knows that, according to the current legislation, residential premises can be provided with a total area exceeding the size of the total area of residential premises.
m, living area is 28.7 sq. m. The composition of the family - 4 people, same-sex children.
Since 1993, I have been on the waiting list for the improvement of living conditions.
The apartment is not privatized. I would like to get answers to questions. 3. In case of moving to another city for permanent residence after being transferred to the reserve, what document is the basis for obtaining additional living space of 15 sq.