Among military personnel, as well as among other categories of citizens, there is a problem with housing. Especially for its solution, the state has developed a program to provide the military with square meters on preferential terms and free of charge.

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In the future, the received service housing for military personnel can be privatized, thus registering as property.

Who is eligible?

Persons who have entered contract military service have the right to receive a service apartment under the state program. At the same time, a request for the provision of housing is allowed to be submitted almost immediately from the moment you start working.

Together with the serviceman, his family also applies for a service apartment, while taking into account the standard of square meters per person.

However, for this, the marriage of a serviceman must be officially registered. For a single soldier, the living space standard can be doubled.

At the same time, the further acquisition of real estate by military personnel has its own specifics. So, some categories of the military can receive personal square meters after 5 years of service, others - only after 20 or upon dismissal. For individual military personnel, the only available options for providing real estate are a housing certificate or a military mortgage.

Single register

Military personnel have access to the Unified Register, an electronic information database that has been operating since 2010. All contractors who have received an identification number can use the service. The register is available on the portal of the Ministry of Defense.

What information can be obtained from the Unified Register:

• data on changes in military legislation;
• a map of housing construction for military personnel for the coming period;
• possible settlement options;
• date of registration;
• place in ;
• list of documents for registration of dwelling in the property.

The service also allows you to verify personal data and obtain other information.

Law

At the same time, a serviceman has the right to apply for a targeted housing loan in almost any financial institution that provides such a service. The choice of housing in this case is made taking into account the standards of living space per person. If a citizen wishes to purchase more spacious real estate, he has the right to do so by attracting personal finance.

At the same time, contractors can use mortgage lending without waiting for the moment when the three-year period from the beginning of the service expires. But in this case, the mortgage will be provided on general terms. Subsequently, you can spend the funds of the capital of the accumulative mortgage system to repay the loan.

Upon dismissal

The state fully repays the military mortgage of a citizen during military service for 20 years or more.

Also, the full repayment of the housing loan is made if the military has served for at least 10 years and was fired for one of the following reasons:

• reaching the maximum age for military service;
• organizational and staffing changes in the unit;
• health status;
• the presence of family circumstances provided for by applicable law.

Also, the repayment of the mortgage by the state is carried out in the event of the death of a serviceman. Financial and credit offices in this case do not have the right to demand the missing amount from the family members of the deceased.

By contract

Not all military personnel can request the provision of service square meters, but only those who serve under the contract and their families:

• The military, who took up a post after completing their studies in the corresponding institution and received an officer's rank at the same time.
• Military officers in the rank of officers who entered the service on the basis of a presidential decree.
• Soldiers, warrant officers, sailors, midshipmen, sergeants, foremen who are citizens of the Russian Federation.
• Contracted military personnel who are citizens of the Russian Federation.

The following categories of persons do not apply for housing:

• Foreigners;
• conscripts;
• officers already provided with square meters.

Persons serving on conscription are placed in the barracks.

Compensation

Citizens who have not received housing for military personnel can count on monetary compensation. This arrangement has been in place since 2014. Instead of receiving square meters, an employee can take a sum of money from the command to purchase an apartment in a new building or in secondary housing.

In this case, the military is free to choose the location of the property, right up to the city. They have the right to spend money on housing, which seems to them the most worthy.

Subsidy

When providing housing to the military, all the benefits provided for by housing legislation are taken into account.

Citizens engaged in service may also receive subsidies provided for by federal laws, as well as regulations, if any, in the location of the military unit.

Provision procedure

In order to qualify for official housing, a citizen must apply to his command with an application, as well as a list of necessary documentation.

What kind of housing will be provided to the military - an apartment or a room in a hostel, is affected by the size of his family.

Registration

The right to receive their own housing arises for military personnel:

• for those who signed a contract before 1998 - upon completion of five years of service;
• upon completion of 20 years of service or with a length of service of 10 years and the availability of preferential grounds.

Registration of persons who have completed military service for 10 years or more is made no more than three years before dismissal upon reaching the maximum allowable age. If there are other preferential grounds, registration is carried out in the year of dismissal.

Documentation

In 2019, housing is provided to military personnel on the basis of an application to which documents confirming the need for housing are attached.

Their list most often includes:

• A copy of the document on the conclusion / dissolution of marriage.
• Service record extract, documentation to confirm the passage of service.
• Information about the composition of the family.
• Information about the TIN of the applicant and his relatives.
• Documentation from the citizen's early places of residence.
• Photocopies of personal accounts.
• Information about the rights of a serviceman and his relatives.
• Photocopies of documentation on the provision of any social guarantees.

If the applicant cannot present any papers, he should provide part of the certificate of the impossibility of presenting them. Also, upon request, other papers can be collected confirming the status of a person in need of housing.

Conclusion of an agreement

The contract for the rental of service housing, concluded with a serviceman, indicates the following main provisions:

• the procedure for providing housing;
• content features;
• the procedure for vacating the apartment.

How to get a military pensioner?

As already mentioned, military pensioners with a long record retain their own right to receive housing.

They apply for a subsidy calculated on the basis of the current living space standards:

• 18 sq. m per person in a family of three;
• 42 sq. m, if there are only 2 people in the family;
• 33 sq. m for single pensioners.

Consequences of deliberate deterioration of living conditions

The legislation does not contain a clear description of acts that could be classified as deteriorating living conditions.

Nevertheless, these are all actions taken with the aim of contacting the command in the future to improve housing conditions, for example, to obtain new, more spacious housing.

In this case, there are sanctions applied to violators. They consist in a ban on registration as an entity applying for a subsidy for the purchase of housing. This is stated in the housing legislation.

Can it be privatized?

The law does not prohibit the privatization of service housing. Nevertheless, it is worth considering that this procedure is prohibited for apartments located in closed-type military camps.

What is the general procedure for privatization of service housing:

1. The applicant applies to the Ministry of Defense for the transfer of service housing to the municipal fund. This is required to be able to re-register the status of real estate in private ownership.
2. If the command agrees, it is worth concluding a social lease agreement with the municipal authorities.
3. In the future, a standard privatization procedure should be initiated with further registration of the transfer of ownership.

If the Ministry of Defense refused to transfer housing to the municipal fund, the serviceman has the right to appeal this decision in court. Claims must be supported by relevant evidence. You can apply to the court within 3 months from the date of receipt of the refusal.

Advantages and disadvantages

• Creation of departmental military housing fund
• How is housing allocated?
• The procedure for obtaining housing
• Special procedure for the release of housing
• Other options for resolving the housing issue

Service housing for military personnel under the contract is provided in accordance with applicable law. The solution of housing and living problems is considered the most important element in ensuring the contract system in the modern army, and increased attention is paid to this issue. The law clearly prescribes the satisfaction of the housing needs of military personnel, and there are no time limits. The question of how to get service housing for contracted servicemen should be under strict control.

Creation of departmental military housing fund

To solve the housing problem of servicemen with whom work contracts are concluded, a special housing fund of the military department is being created, which is state-owned and managed by the Ministry of Defense. Housing from this fund is provided to a person only for the duration of his military service under a contract and must be vacated upon dismissal. In other words, such dwellings fall into the category of temporary housing.

The base of the military housing stock includes service apartments, living space in a hostel, as well as own houses and cottages. No one has the right to alienate, lease or rent, or exchange office space. As long as they have the status of departmental housing, they cannot be privatized and turned into someone else's property. Any questions on the privatization of a service apartment can only be resolved in the courts and after changing its status with transfer to municipal ownership.

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How is housing allocated?

Legislation secures for a person who joined the army on a contract basis the possibility of obtaining service housing within 3 months after the start of military activity. The provision of service housing to military personnel under a contract must be carried out taking into account the standards for area, family size, and necessarily in the area where the military unit is located - in the very or nearest settlement. Service apartments are allocated for the entire period of work under the contract without any time limits on the length of stay.

The provision of the apartment is made taking into account the accepted norms of the area. For one soldier, as well as all members of his family, a norm is set - 18 m² of living space. If the military organization does not have the opportunity to immediately allocate the required area, then temporarily, with the consent of the serviceman, temporary housing of a smaller area or a place in the hostel is provided, but until an apartment of the required size appears. Ultimately, service apartments of the appropriate area should be presented.

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The procedure for obtaining housing

In order to receive service housing at the place of work, there is a general procedure. Service apartments for military personnel under a contract are provided on the basis of an application submitted to the territorial housing department of the Ministry of Defense of the Russian Federation. The following set is attached to the application: copies of documents proving the identity of the applicant and his family members, a copy of the contract for military service or a certificate of the existence of such a contract, a marriage certificate, a certificate of family composition, that the applicant and his family members do not have housing (privatized, private or socially hired) in this locality, a certificate of the release of service housing (including a place in a hostel) at the place of previous service (if any).

After submitting the necessary documents, suitable housing is searched for and an agreement is concluded for the use of a service apartment. The contract clearly spells out the following provisions: the rights and obligations of a soldier to own housing, the terms of ownership, the conditions for terminating the contract and the terms for vacating housing at the end of the contract. The provision of corporate housing is made only on the basis of such an agreement, which is urgent, i.e. valid only for the period of time specified in the document. If there are appropriate conditions (conclusion of a new contract), the contract can be extended for the duration of the new agreement.

If during the period of validity of the military contract there is a change in marital status (marriage, birth of a child), then it is necessary to submit a new application to the same department for the provision of a larger living space. With a decrease in the composition of the family (divorce, death of one of the relatives, etc.), the issue of reducing housing at the initiative of the military department can be resolved with the provision of an apartment of a smaller area. If you wish to discharge a divorced spouse (wife) from a departmental apartment, the issue is resolved in court.

The settlement of a serviceman in the allocated living space necessarily takes place with the signing of an act of acceptance and transfer of housing.

In the future, when the living space is vacated, the apartment must be left in the same form as received, i.e. no unplanned changes.

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Special procedure for the release of housing

After the termination of the contract for military service and the failure to conclude a new agreement, service apartments are subject to release without the provision of other housing. The exception is a number of cases that are separately stipulated by law. The following categories of citizens are distinguished who can be evicted from office premises only with the provision of another living space within the same settlement:

1. Close relatives of military personnel who died or went missing while on duty, during military business trips, etc.
2. Retirees as they reach the appropriate age.
3. Persons with disabilities of groups 1 and 2, if this is due to the performance of official duties, injury, violations by the military department, occupational diseases or accidents in the military garrison.

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Other options for resolving the housing issue

In the event that the military territorial department does not have the necessary housing stock and cannot provide the serviceman with living space under the contract, it is obliged to provide monetary compensation for renting or hiring housing, which is carried out by the serviceman independently. A monthly cash compensation surcharge is provided every month in strict accordance with applicable regulations.

The Decree of 2004 "On the procedure for paying monetary compensation for the hiring (sublease) of residential premises to military personnel - citizens of the Russian Federation undergoing military service under a contract, citizens of the Russian Federation dismissed from military service, and members of their families" clearly regulates such norms. Subsequently, they are adjusted for inflation, and the following marginal norms can serve as a guideline: in capital cities - 15,000 rubles, in cities of regional and district significance - 3,600 rubles, in small settlements - 2,700 rubles. Compensation payments are increased by 50% if the family of a serviceman under the contract exceeds 3 people.

Another option for providing servicemen with housing is a savings-mortgage housing system. Creation of a concessional lending fund is a promising direction. However, such a system can actually be used when concluding a contract for a period of at least 10 years.

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According to the current legislation, the state is obliged to provide, within 3 months from the moment of arrival at a new place of service of a serviceman, as well as members of his family, residential service premises. military personnel are also established by applicable laws and can be increased subject to certain conditions.

Who is eligible for office space

1. Defenders of the Fatherland, recruited after graduating from a vocational school, and at the same time received the rank of officer, and members of their families.
2. Military personnel, in the rank of officer, who were called up for service by Decrees of the President and concluded their first contract, and members of his family.
3. Soldiers and sailors, midshipmen and warrant officers, foremen and sergeants who are citizens of the Russian Federation, and members of their families.
4. Defenders of the Fatherland - citizens of the Russian Federation, accepted for service under the contract, and members of their families, provided with housing in closed military camps.

This list is exhaustive and means that not all military personnel are provided with departmental housing. This category does not include conscripts, foreign citizens, as well as officers provided with housing.

Service premises are provided at the location of the military unit, and in the absence of such, in nearby cities and other settlements.

In addition, the provided real estate must meet all the requirements for residential premises and be issued within the limits of the norms established by the state.

How much m2

From the service fund to military personnel, are established by the current legislation and should not be less than the indicators established for officers receiving or owned.

To date, these figures are 18 sq.m. for one person. Moreover, for a single military man, this figure can be doubled, and for a family of two or more people, no more than 9 sq.m.

Receiving may not always coincide with the true state of affairs. Therefore, in the absence of real estate suitable in size, the military may be provided with a smaller residential apartment for temporary use.

This is done only with the consent of the future tenants, and the living space can be provided in a hostel or from a specialized mobile housing stock.

How to get a service apartment

From the service fund, it is carried out on the basis of a report, to which the following documents must be attached:

• Copies of passports of all family members living together, for minor children - birth certificates.
• A copy of the marriage certificate.
• Data on the passage of service, in the form of a certificate.
• Family composition data.
• Information about the officer and his family available under a social contract or in the ownership of other real estate.

Real estate is provided in turn, which is determined by the date of submission of documents, and if it coincides with other waiting lists, preference is given to persons who have served for a longer time.

In the event of a change in the composition of the family, for example, at the birth of a child, he has the right to expand and receive real estate of a larger area.

Upon receipt of housing with officers, a housing contract is concluded for a period of validity, which is limited by the term of the contract of a serviceman. And for those who were called up for service by the Decree of the President, until the end of their official duties.

Separately, it is worth mentioning business trips and which one exists on a business trip. Based on paragraph 9 of Art. 20 of the Federal Law No. 76 dated 05/27/98 (as amended on 02/03/2014) "On the status of military personnel", the cost of booking seats for military personnel on business trips is paid at the expense of the Ministry of Defense of the Russian Federation.

How to rent out housing upon dismissal

The housing contract is valid until the end of service in the Armed Forces, for those who were called up by the Decree of the President. And for contractors at the end of the contract.

In addition, it can be terminated early:

• By agreement of the parties.
• In the case of providing the person on the waiting list with housing under a social lease agreement or in ownership.
• In the event of early termination.

Determined by the current Housing Code. At the end of its validity period, as well as in case of early termination of the contract, the premises are vacated and rented out within 3 months.

Upon delivery, the provided apartment from the service fund,. In case of refusal to hand over the provided apartment, eviction is carried out by a court decision.

Some military personnel are interested in how to rent out a departmental apartment when moving. So, when moving to another region for further continuation of the service, he retains the right to the already received departmental premises, which means that it is not required to surrender it.

Those who wish to sublease or rent a service apartment for the duration of the move will be disappointed, since such disposal of this property is prohibited. In addition, such apartments are not subject not only to sublease, but also to exchange, as well as replacement with a smaller area.

It is forbidden to change the terms of the contract at the request of the family of a serviceman, they have the right only to use the provided living quarters.

Solving the issues of providing real estate for those military personnel who are entitled to it is one of the priority tasks of the contract system. To resolve this problem, a housing stock is being created, which includes all the living space provided for temporary use to citizens who served under a contract. The requirements for the premises, the algorithm of actions for obtaining it, as well as the size of the area due to the military and his family - we will consider all this in this article.

The concept of service housing

An apartment, a room, a house can act as office housing. The main requirement is the availability of living conditions for citizens. As a rule, the premises are allocated from the housing fund formed by the Ministry of Defense of the Russian Federation, and transferred only for temporary use with subsequent return after the end of activities in the area.

The provision of military service living quarters must be made no later than 90 days from the moment of their arrival in the unit, while the apartment is provided on the territory of the duty station. If there are no such options, then in nearby settlements.

• citizens who have received a diploma of graduation from a military educational institution and have an officer rank;
• officers and junior commanding staff who signed a contract after 01/01/1998;
• soldiers living in closed military settlements.

For reference! Together with the persons serving under the contract, his family can live in the premises. It is not only about the wife and children, but also about other relatives.

In matters of the procedure for providing military personnel with premises for temporary residence, the main acts are:

1. The law regulating the status of the military - Federal Law of 05/27/1998 No. 76-FZ.
2. An instruction that describes the procedure for transferring residential premises under a social tenancy agreement to military personnel (approved by order of the Minister of Defense of the Russian Federation of September 30, 2010 No. 1280).

Terms and conditions of provision

In order to be eligible for a military apartment, a procedure must be carried out to recognize a serviceman as in need of housing. To do this, you need to follow 3 steps:

• have the citizenship of the Russian Federation;
• make an application;
• comply with the conditions of Art. 15 FZ No. 76-FZ.

In order for a citizen to have a need for housing, he must not have permanent or temporary registration in the locality in which the contract soldier is serving.

Art. 15.1 of Federal Law No. 76-FZ establishes a rule according to which housing norms for contractors are determined in the amount of 18 m² per resident.

If a contractor died, then the apartment is provided to his family, taking into account the number of residents (the number is set at the time of death).

• a copy of the certificate with the personal number of the serviceman and copies of the passports of the persons living with him;
• a copy of the marriage certificate or its termination;
• paper on the composition of the family;
• statement of official activity;
• information about existing/absent social tenancy agreements and about housing owned;
• a copy of the service contract;
• paper on the delivery of housing at the last place of registration.

After the military hands over all the documents, authorized persons check them within 10 days and issue a verdict on the provision / refusal of temporary housing. Further, no later than 3 days, a message about the proposed option is sent to the serviceman.

For reference! Registration of the message is carried out by authorized persons of the Department; the document is issued on certain days, the schedule can be found in the relevant service.

Within 5 days after receiving the message, the citizen must express his agreement / disagreement with the proposed premises. If after 10 days he is silent, then the apartment is redistributed to another employee.

The procedure for obtaining housing ends with the signing of a lease agreement.

Termination of the contract of employment occurs on the following grounds:

• By mutual agreement of the parties by drawing up an additional agreement to the contract.
• Through the application of the landlord to the court:
  • causing damage to the premises of military personnel;
  • use of the apartment for other purposes;
  • complaints from neighbors
  • existence of rent arrears.
• The death of an employer.
• Destruction of the premises.
• Transfer to a new duty station.
• End of the contract.
• When a citizen receives permanent housing.

Employers and persons living with them have the obligation to rent out a service apartment and obtain a certificate of this. The Department must submit:

• statement;
• copies of passports with a mark of deregistration;
• a certificate from the accounting department about the absence of debts on utility bills;
• extract from the house book;
• a copy of the personal account;
• hire agreement;
• act of acceptance and transfer from the management company.

If the employee is to receive permanent housing, then he transfers additional papers:

• a copy of the document confirming the right to new housing;
• a notarized commitment to lease the premises.

Subject to all the conditions, the citizen receives a certificate in his hands, which he should submit at the new place of service, and it will be one of the supporting documents that the military has the right to receive temporary housing.

Thus, only military personnel specified in Article 15 of the Federal Law No. 76-FZ have the right to claim an apartment from a specialized fund. The list of categories is closed and cannot be subject to broad interpretation. In addition, in the absence of recognition of the need for premises, it will not be provided to him.