Additional meters of living space to a soldier. The nuances of housing subsidies for military personnel
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.
One of the highest priority state issues is the provision of housing for military personnel. While they carry out their official activities, they often have to move from one place to another, usually with their families. For this reason, the military can rely on the provision of official housing or the payment of rented apartments by the state.
When the term of service under the concluded contract expires, they have the right to receive additional ownership of the living space or separate real estate. Under current law, discharge to the reserve without allocation of an apartment or house is not allowed, and instead of providing real estate, an equivalent amount of money can be paid. Also available is participation in the military mortgage lending program, which allows you to become the owner of real estate on favorable terms and without a queue.
The article below will examine in detail the general procedure for military housing, the norms of the allocated area, the necessary conditions for obtaining, and other features of this procedure.
Legislative regulation
The provision of housing for this category of citizens is regulated by:
- By decree of the President of the Russian Federation (hereinafter 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 Housing Code of the Russian Federation) establishing the criteria by which a soldier is recognized as needing housing;
- Federal Law "On the Status of Military Personnel" dated 05/27/1998 No. 76-ФЗ (hereinafter No. 76-ФЗ), which regulates the procedure for obtaining real estate.
- Order of the Ministry of Defense No. 510 (hereinafter the Order), determining the conditions for the provision of this benefit;
- Decree of the Government of the Russian Federation (hereinafter 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 may claim:
- officers who graduated from military schools;
- contract soldiers staying in closed-type military camps;
- contracting officers after the start 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 participation in. It allows you to get housing without a queue and a minimum of 10 years of service. The down payment and further loan payments are provided by the state, which makes an affordable and profitable way to obtain your own real estate.
For queuing, recognition of a soldier in dire need of housing is necessary. To do this, he needs to provide relevant evidence.
The rules for recognizing servicemen in need of housing are determined by the Decree. The basis for such a conclusion is the accounting standard for housing established by Russian law for the place of military service or a permanent registration address. For this reason, the first step that a contractor needs to take is to submit an application to be placed on a waiting list for housing.
Housing rates for military personnel
The housing provided by the state 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 rates for military personnel are 18 m² per resident. If real estate is provided after the death of the military, the area is determined, taking into account all family members along with the deceased officer. Given the characteristics of some apartment buildings, the allocated property may be greater, while an increase in the provision rate is possible by no more than 9 m² for a single officer, and no more than 18 m² for members.
What threatens the deliberate deterioration of housing
Despite the fact that intentional deterioration of the living conditions of military personnel occurs quite often, the legislation does not have clear criteria by which it can be determined, therefore, any transactions made by a military serviceman or a member of his family upon alienation from existing property are recognized as intentional deterioration. For example, if an officer or his wife were co-owners of the house, they sold, presented it, thereby getting rid of the property.
The commission of such actions for 5 years deprives the serviceman of the right to apply for housing. The countdown starts from the moment of the transaction with the real estate. After the specified period expires, he may re-enter the queue.
General Housing Instruction
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 a statement to the Housing Department of the Ministry of Defense of the Russian Federation. The document is compiled according to the established model.
- After accepting the application, the applicant will be listed in the Unified State Register as requiring housing. It contains all currently available apartments for military personnel. Anyone can get access to the database, which allows not only to monitor how much the applicant has advanced in the queue, but also to verify the correctness of the entered data.
- The appeal is considered within 30 days from the date of execution, after which the applicant is notified of placing him in the queue and is given a list of documents to be submitted.
The procedure for providing housing is carried out in order of priority, taking into account the available benefits of the applicant.
Registration of servicemen in need of housing
In order to queue for an apartment, in addition to the application, you need to submit a package of documents to the Department. Registration in need of housing is carried out on the basis of:
- personal passport;
- military card;
- passports and birth certificates of all members of the applicant's family;
- marriage certificates;
- extracts from the USRN confirming the fact of lack of own housing;
- bank statement for the last 5 years;
- documentary evidence of benefits not related to the status of venous (if any).
It should be borne in mind that the presence of an office apartment is not an obstacle to queuing 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 regular events.
In all these cases, the service life should be at least 10 years.
The Department also deals with the distribution of apartments for military pensioners, therefore, for placing in the queue, you need to write a petition to this body. A package of documents must also be attached to it. In addition to the above list, pensioners need to additionally present a pension certificate. Further, the procedure is carried out in the standard manner: the applicant enters the queue, after a certain amount of time he is provided with living space or a sum of money for its acquisition.
Re-provision of housing
The legislation provides for the possibility of re-providing housing for the military. This is allowed if the applicant is again found to be in need of better housing conditions. This is possible as a result of changes in family composition: an increase in the number of members or the emergence 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 state-issued area will not comply with accounting standards. Thus, he will again be declared in need of housing, and can re-enter the queue legally, while his real estate will be taken into account when allocating housing, and the area of \u200b\u200bthe re-rented apartment will be reduced by the number of square meters of previously issued real estate.
Meanwhile, each soldier, whose service life is not less than 10 years, can count on receiving from the state an apartment / house or a sum of money for its acquisition. However, the queuing procedure has many nuances that need to 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 are 10 square meters. for a separate apartment and 15 sq.m. for communal.
Norm m2 when calculating EDV
The calculation of the subsidy is fixed by the Government Decree, and takes into account the interests of single defenders of the Fatherland, as well as those who do not have children. For them, the established square meters are inflated to 33 and 42 sq.m. respectively.
In addition, when calculating the EDV, as well as taking into account the presence of the officer’s grounds for receiving subsidies for preferential meters in an amount not exceeding 15 sq.m.
When calculating the amount, the length of service is also taken into account, which is taken into account with the help of a coefficient that depends on the service life.
If the defender of the Fatherland or family members under the social contract or in the ownership of another living space, its size will be deducted when calculating the rate of provision of living space for military personnel.
However, despite the calculation of EDV on the basis of the norms for officers to receive real estate, real estate purchased with issued funds may significantly exceed the statutory standards.
Moreover, when buying an apartment, own funds can be used. This does not contradict the law and will allow the officer to purchase more spacious and comfortable housing in a reliable house.
Military mortgage and housing standards
For the defenders of the Fatherland, a so-called military mortgage or an accumulative mortgage system (NIS) of housing can serve as a good alternative to providing housing.
The accounting norm for the area of \u200b\u200ba dwelling (accounting norm) is the minimum size of the area of \u200b\u200ba dwelling, on the basis of which the level of provision of citizens with the total area of \u200b\u200ba dwelling is determined in order to be registered as needing dwellings. The size of such a norm cannot exceed the size of the provision norm. This standard is used solely for the purpose of registering citizens as needing housing.
Who needs extra meters?
The provision of living quarters for military personnel is established by article 15.1 of federal law dated May 27, 1998 No. 76-ФЗ “On the status of military personnel” and is 18 square meters per family member.In addition, the right of a soldier to an additional area of \u200b\u200b15 to 25 square meters is taken into account. In this regard, the military personnel having the right to provide housing with a large area are provided with two residential premises in the absence of the ability to provide one residential premises of the required area.
Subsidy for housing for military personnel in 2019
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 effort was spent, and what a joy it was to be happy to receive an apartment, even if it was dismissed from military service.
But, over the past two years, the situation has begun to change dramatically, so the state program for providing subsidies for the purchase of housing for military personnel has earned two years.
Mutual legal assistance forum
ex-military commissar wrote: a friend.such situevina came out. until December he served in the post of military commissar of the district, with the rank of p / p, in December 2009 the ZhK VK Region was recognized as needy, he wrote a report about additional squares right away, the protocol on recognition was refused since I’m not a Candidate, since January 1 2010 put at the disposal of the Head of the WMD of the District, did not dispute additional squares in court.
Listener. All of course is correct, but!
if you carefully read this paragraph "3.1" you will understand that it applies only to the widows and children of the deceased (deceased) military personnel. And here we are talking about FORMER MILITARY SERVICERS who HONESTY quit according to one of the preferential articles: having reached the age limit for military service, for OSH and for illness, in the hope of a fair treatment of the state.
On the right to additional living space when being at the disposal or dismissal from military service
The position of the Chief Military Prosecutor 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 this side on the side of such military personnel, unfortunately, does not coincide with the position of the courts. According to the Chief Military Prosecutor’s Office, “the dismissal from office is caused by an objective factor independent of the will of the military man — organizational and staffing events.
Such a forced change in the official position is predetermined by the need to resolve issues of further military service by the military personnel and is limited to a six-month period.
The standard area of \u200b\u200bhousing for military personnel
The legislation clearly establishes the category of military personnel who can count on receiving apartments from the state. or cash to purchase it. In addition, a change in the status of a soldier upon his dismissal does not affect the 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.
Lawyers Thoughts Aloud
Being in a hopeless situation and being afraid not to wait for their turn, the military men agree to pay extra for additional meters of housing, and this amount, taking into account the cost of one square meter, can be quite significant, and sometimes even huge. And, finally, to 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, a dwelling can be provided with a total area exceeding the size of the total area of \u200b\u200ba dwelling.
M, living area is 28.7 square meters. m. Family members - 4 people, same-sex children.
Since 1993 I have been in the queue for improving housing conditions.
The apartment is not privatized. I would like to receive answers to questions. 3. In case of moving to another city for permanent residence after discharge to the reserve, which document is the basis for obtaining additional living space of 15 sq. M.