Service housing for contract military personnel is provided in accordance with Ministry of Defense Order No. 1280, signed in 2010. This order defines the procedure and rules for obtaining housing for military personnel who have entered into a contract with the armed forces of the Russian Federation. As well as the provision algorithm.
Details on how a serviceman can obtain service housing and what to do if the state is unable to offer suitable options- Further.
Who has the right to office housing?
Military personnel undergoing military service are not eligible for public housing. Or they were transferred to the reserve. According to the current order, residential apartments and rooms are allocated only to those who have signed a contract in the Russian Army. The main requirement of Order 1280 for the right to register is that the serviceman does not own housing in the region where he is serving. If these two conditions are met - the serviceman signed a contract without having his own house or apartment in the region where he will work, the state is obliged to provide him with living quarters for the period of service.
Terms of housing provision
The order also describes the time frame within which the contract worker must be provided with a place to live. But in practice they are not always observed. Below is a list of the main provisions regarding deadlines.
- The length of stay in the received official housing depends on the length of service of the contract soldier and the terms of the contract. It may decrease if the serviceman refuses the living space provided to him.
- The period within which the state is obliged to provide housing to a contract worker is 90 days. It is counted from the moment of arrival in the region for service. Or from the moment the contract is signed.
After the serviceman has been notified of the allocation of living space for temporary use, he must give consent within ten days, or. It is important to meet this deadline. Since a later failure may entail a number of consequences, such as:
- Loss of the opportunity to receive compensation for rent;
- Loss of the right to official housing.
Premises requirements
The legislation of the Russian Federation does not provide for any special norms and requirements relating to residential premises specifically for military personnel. Requirements for official and departmental housing are specified in the civil housing code. It is important to know what the premises allocated by the state should be like. Since it is possible to refuse it if it does not meet the standards. So, the standards that a living space must comply with.
- The first requirement is living space. For each family member who will live with a serviceman, the state is obliged to allocate at least 18 square meters.
- Accommodation must correspond to those in force at the time of receipt. sanitary standards. There should be no mold high humidity, other unsanitary nuances.
- For dorm rooms, they must be equipped with a basic set of furniture. Plumbing elements and necessary household appliances.
- All premises of the housing stock must be connected to the electrical network, water supply and sewerage, and gasified.
- The living space allocated to a contract employee must be in a house that is not subject to major repairs. And not intended for demolition.
It is possible to obtain housing that does not meet these requirements if the serviceman gives his consent. This option is worth considering if there is nothing more suitable in your region of residence.
Location
As a rule, in the regions where military units and other facilities are located where military personnel serve, there are housing buildings (dormitories) for contract soldiers. If, at the time of the serviceman’s admission, there are rooms or apartments available in the premises owned by the Ministry of Defense that meet the requirements, then check-in takes place. In practice, not all military personnel have enough service dormitories. Therefore, governing bodies are looking for military personnel alternative options.
Residential premises for military personnel and their families must be in the same locality where the military unit is located. If this is not possible, then housing located in nearby settlements is sought.
How to get service housing for contract military personnel
For those who are given official housing, there is a clear algorithm of actions necessary to obtain it. According to current legislation, after entering service or upon arrival in another region, a soldier must complete the following steps to obtain real estate:
- Collect identification documents of the serviceman and all members of his family.
- It is necessary to provide documents confirming marriage registration or divorce. Birth certificates of children.
- It is necessary to obtain a certificate of signing a contract with the Russian Army.
- You also need to obtain a certificate confirming that the serviceman does not own residential premises in the region of service.
- If at his previous place of work he occupied office space, he must provide a certificate of his vacancy.
All collected papers should be accompanied by a report, which is drawn up according to the form. And also submit a complete package of documents to the territorial departmental institution of the Ministry of Defense.
Signing the contract
If vacant residential premises become available, territorial departments of the Ministry of Defense notify military personnel of the possibility of obtaining living space. The contractor receives a written message about the allocation of an apartment or room to him. After this, a social tenancy agreement is required. The contract specifies the rights and obligations of the parties, as well as deadlines.
According to the terms of the contract, departmental premises are provided to the contract soldier for the duration of his service. He has the right to live there with his family. But a social tenancy agreement does not imply the use of housing for rent, sale or donation. That is, the office premises are not transferred to the serviceman’s ownership.
Refusal of official housing
A serviceman’s right to service housing may not be realized if he voluntarily renounces it. After refusal, he loses the opportunity to receive compensation from the state for renting residential premises. In case of refusal in the absence of his own housing, the serviceman may be moved to the housing queue. But if the refusal was good reasons, then such consequences do not occur.
Reasons to refuse the provided living space without causing negative consequences:
- The area of the premises does not correspond to the number of military family members;
- The living space is located far from the military unit where he serves;
- The building is located in in emergency condition;
- The building is not intended to be used as a dwelling;
- It does not meet sanitary standards;
- Does not meet the requirements specified in the housing code.
There are certain standards that departmental housing provided to contract workers must comply with. If the allocated premises do not correspond to them, then the serviceman has the right to refuse it. And at the same time retain the opportunity to demand compensation for renting residential real estate. It is worth noting that in case of violation of certain rules and conditions, it is possible.
Service housing and alternative solution
In cases where it was not possible to find suitable office housing, there are alternative solutions to the accommodation problem. If for 90 calendar days Since entering contract service there has been no decent option for accommodation, military personnel have the right to receive compensation for renting premises.
Today, absolutely all contract workers can get subhire. Regardless of position held, length of service and military rank.
There is no fixed amount of compensation. Since it is constantly changing, depending on the situation in the real estate market. As well as the region and economic situation in the country. If the compensated amount is less than the actual cost of renting residential real estate, the serviceman pays the difference from his personal budget. The possibility of receiving state monetary compensation is realized only if an official rental agreement is signed with the landlord.
Long term prospects
In cases where a serviceman plans long-term work in the ranks of the armed forces of the Russian Federation, it is possible to purchase own apartment at the expense of budgetary funds. Since 2019, every military person who signs a contract is automatically registered in the federal program. This program involves opening a personal account. For which the participant receives funds from the federal budget after a certain period. After a while, they can be used to pay for a mortgage loan at any bank.
The amount accumulated over the years of service can be used to make a down payment on mortgage loan. Later, funds from the federal budget will be transferred monthly to the participant’s account. Which will be used to pay off loan payments. When the loan is repaid, the serviceman will be able to remove the encumbrance from the apartment and become the owner.
Service housing for military personnel under contract is one of the opportunities to solve the housing problem for those who do not have other living space in their property. If it is not possible to obtain a departmental apartment or room, the serviceman retains the right to demand compensation for the rental of residential real estate.
See this article
After a serviceman is included in the List, he receives the right to be provided with official residential premises (or the right to payment of monetary compensation (link) for renting or subletting residential premises from third parties).
Military personnel who entered into the first contract after January 1, 1998 are provided with service living quarters for the entire period military service.
Service housing is provided no later than three months from the date of arrival at a new duty station, including upon first entry into military service under a contract.
Standards for the provision of official residential premises.
Service residential premises are provided according to the standards and in the manner prescribed federal laws and other regulatory legal acts Russian Federation, taking into account the right to additional living space.
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| Family composition Table: website |
Without the right to |
Additionally |
Additionally |
| 1 person | 18 — 38 | 33 — 61 | 36 — 54 |
| 2 people | 36 — 45 | 51 — 70 | 54 — 63 |
| 3 persons | 54 — 63 | 69 — 88 | 72 — 81 |
| 4 people | 72 — 81 | 87 — 106 | 90 — 99 |
| 5 people | 90 — 99 | 115 — 124 | 108 — 117 |
Standards for provision to military personnel Provision standards taking into account the design features of the house
In accordance with Article 15.1 of the Federal Law “On the Status of Military Personnel,” the norm for providing residential space provided in accordance with this Federal Law for free ownership or under a social tenancy agreement is 18 square meters of total residential area per person.
At the same time, taking into account the design and technical parameters apartment building or a residential building, residential premises, residential premises may be provided in excess of no more than 9 square meters. meters in total, and for a serviceman living alone - no more than 18 square meters
The right of a serviceman to additional space in official living quarters.
In accordance with Part 2 of Article 15.1 of the Federal Law “On the Status of Military Personnel”, a military personnel with the military rank of colonel, equal or higher, undergoing military service or dismissed from military service upon reaching the age limit for military service, for health reasons or connection with organizational and staffing events, commander of a military unit, military personnel with honorary title Russian Federation, military personnel - teacher of a military professional educational organization or military educational organization higher education, a military department at a state educational organization of higher education, a military officer - a researcher who has an academic degree and (or) academic title, when provided with living quarters, including service living quarters, have the right to an additional total living area ranging from 15 up to 25 square meters.
This norm, complex in design, is interpreted by judicial practice as follows:
When providing residential premises to military personnel - citizens of the Russian Federation, recognized as needing residential premises, undergoing military service under a contract, including not in military service positions in connection with placement at the disposal of the commander(chief) until provision of living quarters (regardless of the date of conclusion of the first contract for military service, appointment to military positions and receipt of the first officer rank), and having the military rank of colonel, equal or higher, as well as commanders of military units, military personnel who have an honorary title of the Russian Federation, military personnel who are teachers of a military professional educational organization of higher education, a military department at a state educational organization of higher education, military personnel who are scientific workers who have an academic degree and (or) academic rank, the right to additional total living space is taken into account premises ranging from 15 to 25 sq.m.
When providing residential premises to citizens of the Russian Federation, discharged from military service and those registered as needing residential premises with the Ministry of Defense of the Russian Federation, take into account the right to additional total living area in the range from 15 to 25 sq.m. only in relation to citizens who have the military rank of colonel, equal or higher, and those dismissed from military service upon reaching the age limit for military service, health reasons or in connection with organizational and staffing measures.
Laws on the topic
Order of the Minister of Defense of the Russian Federation dated September 30, 2010 N 1280 “On the provision of residential premises to military personnel of the Armed Forces of the Russian Federation under a social tenancy agreement and official residential premises” Read
In addition, family members of military personnel with chronic diseases have the right to additional space (up to 18 square meters) based on:
- 🔵 clause 2 art. 58 Housing Code of the Russian Federation;
- 🔵 Decree of the Government of the Russian Federation of June 16, 2006 No. 378 “On approval of the list of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment”;
- 🔵 Decree of the Government of the Russian Federation of December 21, 2004 No. 817 “On approval of the list of diseases giving disabled people suffering from them the right to additional living space.”
What to do if they offer housing below the established standards?
If it is impossible to provide military personnel and members of their families with service living quarters in accordance with the specified standards, with their consent Smaller office living quarters suitable for temporary residence, flexible living quarters or dormitories may be provided.
However, a very unpleasant situation can arise here, especially if you are expecting a new addition to the family.
Accounting The norm in the city is 10 square meters of total living space. A serviceman's family of 3 people was provided with office living quarters slightly below the provision norm - 50 square meters. There is joy in the family - a second child, the fourth member of the family, was born. But this joy will be overshadowed by the fact that you will not receive the right to improve your living conditions, since each family member will have 50/4 = 12.5 square meters. meters, that is, more than the accounting norm.
A serviceman with a family of 3 people is provided with service housing with a total area of 38 square meters. The birth of a second child allows you to again be recognized as in need of improved living conditions, since each family member will have 38: 4 = 9.5 square meters of total area, that is, less than the accounting norm established in your region.
Thus, it is necessary to calculate everything and make a decision - to get official housing or to consider the option of refusing the offered apartment. (Of course, it is necessary to take into account all the circumstances - after all, it is not known when a larger apartment will be offered?
Contrary to popular but erroneous belief, refusing to get an apartment does not entail any sanctions - you will not be moved to the end of the queue. However, in this case, you will lose the right to receive monetary compensation (link) for renting or subletting residential premises.
Procedure for providing office accommodation
Upon receipt of information about official living quarters that can be distributed, the RUZHO makes a decision on providing official living quarters to the serviceman. During 3 days RUJO is sent to a military personnel Message about the proposed residential premises
Attention: deadlines!
Violation of deadlines can lead to adverse consequences
If he agrees with the provided official living quarters, the serviceman in five-day agreement with the provision of office living quarters (tear-off spine No. 1 to the Decision).
If a serviceman disagrees with the living quarters provided, he five-day the period from the date of receipt of the message about the proposed residential premises is sent to RUZHO refusal from the provision of official residential premises (tear-off spine No. 2 to the Decision).
If the serviceman did not react in any way to the received Message during ten days from the date of receipt by the structural unit of the authorized body of the notification of delivery of the message, service living quarters are provided to other military personnel.
Order of the Minister of Defense of the Russian Federation of September 30, 2010 N 1280
"On the provision of residential premises to military personnel of the Armed Forces of the Russian Federation under a social tenancy agreement and office residential premises"
With changes and additions from:
In order to organize in the Armed Forces of the Russian Federation activities for the implementation of the right to housing for military personnel - citizens of the Russian Federation performing military service under a contract, by providing them with residential premises under a social tenancy agreement and official residential premises, I order:
Approve:
Instructions on the provision of residential premises to military personnel - citizens of the Russian Federation, serving under a contract in the Armed Forces of the Russian Federation, under a social tenancy agreement (Appendix No. 1 to this order);
Instructions on the provision of service living quarters to military personnel - citizens of the Russian Federation, undergoing military service under a contract in the Armed Forces of the Russian Federation (Appendix No. 2 to this order).
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Minister of Defense |
A. Serdyukov |
It has been determined how contract military personnel are provided with living quarters (under social tenancy agreements and office premises).
In order for a military person to be recognized as needing housing, which is provided under the specified agreement, you need to submit an application. The documents that are attached to it are listed.
A military person cannot be recognized as needy until 5 years have passed after he deliberately worsened his living conditions.
In the event that not all documents are submitted, a notification is sent to the military officer. If the materials are not submitted within 30 days after receipt, registration will be denied.
The bases for removal from it are fixed.
Residential premises are distributed in order of priority. It is established based on the dates of registration, and if they coincide, taking into account the total duration of military service.
If individuals do not agree with the provision of distributed housing, they submit refusals.
Service housing is provided in settlements where military units are located. If this is not possible, then go to nearby ones. Duration - no later than 3 months from the date of arrival at the new duty station.
You must submit an application and a number of documents. Those who submitted them are included in the list. They are provided with official housing on a first-come, first-served basis. A rental agreement is concluded.
Order of the Minister of Defense of the Russian Federation of September 30, 2010 N 1280 “On the provision of residential premises to military personnel of the Armed Forces of the Russian Federation under a social tenancy agreement and office residential premises”
Registration N 18841
This order comes into force 10 days after the day of its official publication
This document is amended by the following documents:
Order of the Minister of Defense of the Russian Federation of November 30, 2017 N 739
ConsultantPlus: note.
On the provision of housing to family members of military personnel who died (died) during military service, and family members of citizens who died (died) after dismissal from military service, see clause 3.1 of Art. 24 of this law.
Article 15. Right to housing
1. The state guarantees military personnel the provision of their living quarters in the form of providing them Money for the acquisition or construction of residential premises or the provision of residential premises to them in the manner and on the terms established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, at the expense of the federal budget.
Military personnel - citizens undergoing military service under a contract, and members of their families living together with them, are provided no later than three months from the date of arrival at a new place of military service with service living quarters in accordance with the standards and in the manner provided for by federal laws and other regulatory legal acts of the Russian Federation. Federation. Service living quarters are provided in settlements in which military units are located, and if it is not possible to provide service residential premises in the specified settlements, in other nearby settlements. At the same time, military personnel - citizens with three or more children - are provided with service living quarters on a priority basis.
(see text in the previous edition)
Military personnel - citizens who entered into a contract for military service before January 1, 1998 (with the exception of professional military cadets) educational organizations and military educational institutions of higher education), and members of their families living together with them, recognized as in need of residential premises, are provided with a subsidy for the acquisition or construction of residential premises (hereinafter referred to as - housing subsidy) or residential premises in federal ownership, at the choice of these citizens, into ownership free of charge or under a social rental agreement with the specified federal executive body or the federal state body at the place of military service, and upon dismissal from military service upon reaching their maximum age of military service, for health reasons or in connection with organizational and staffing measures with a total duration of military service of 10 years or more - at the chosen place of residence in accordance with the standards for the provision of living space provided for in Article 15.1
(see text in the previous edition)
For the entire period of military service, service living quarters are provided for:
military personnel appointed to military positions after receiving professional education in a military professional educational organization or a military educational organization of higher education and receiving an officer military rank in connection with this (starting from 1998), and members of their families living with them;
(see text in the previous edition)
officers who entered into the first contract for military service after January 1, 1998, and members of their families living with them;
(see text in the previous edition)
warrant officers and midshipmen, sergeants and foremen, soldiers and sailors who are citizens who entered military service under a contract after January 1, 1998, and members of their families living with them.
(see text in the previous edition)
Service living quarters are provided for the entire period of military service in closed military camps to military personnel - citizens undergoing military service under a contract, and members of their families living with them.
(see text in the previous edition)
Closed military camps include military towns of military units located in populated areas that have a pass system, as well as separate separate military towns of military units located outside settlements. Lists of closed military camps are approved by the Government of the Russian Federation on the proposal of the Ministry of Defense of the Russian Federation (another federal executive body in which military service is provided for by federal law).
Military personnel - citizens undergoing military service under a contract, and members of their families living with them are provided with service living quarters in accordance with the standards established by federal laws and other regulatory legal acts of the Russian Federation.
(see text in the previous edition)
Military personnel provided with service living quarters for the first five years of military service under a contract (not counting the time of study in military professional educational organizations or military educational organizations of higher education) retain the right to the living quarters occupied by them before entering military service. They cannot be deregistered as needing residential accommodation at their place of residence before conscription (entry) into military service.
(see text in the previous edition)
Military personnel - citizens who are provided with service living quarters for the entire period of military service and are recognized as in need of living quarters, upon reaching a total duration of military service of 20 years or more, and upon dismissal from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staffing measures with a total duration of military service of 10 years or more, a federal executive body or a federal state body in which military service is provided for by federal law is provided with a housing subsidy or residential premises in federal ownership, at the choice of these citizens into the property free of charge or under a social rental agreement with the specified federal executive body or federal state body at the chosen permanent place of residence and in accordance with the standards for the provision of residential space provided for in Article 15.1 of this Federal Law.
(see text in the previous edition)
Military personnel-citizens, including those provided as family members of other military personnel or other citizens with living quarters or funds for the purchase or construction of residential premises before the said military-citizens enter military service under a contract or after concluding a contract for military service, are recognized as needy in residential premises on the grounds provided for in Article 51 of the Housing Code of the Russian Federation, in the manner approved by the Government of the Russian Federation, and are provided with residential premises or funds for the purchase or construction of residential premises in accordance with this Federal Law.
(see text in the previous edition)
When recognizing military personnel as citizens in need of residential premises and providing them and their family members living with them with residential premises or funds for the purchase or construction of residential premises, the provisions of Article 53 and Part 8 of Article 57 of the Housing Code of the Russian Federation are taken into account.
Military personnel provided with official living quarters enter into a rental agreement with the Ministry of Defense of the Russian Federation (another federal executive body or federal government body in which military service is provided for by federal law). The said agreement determines the procedure for the provision of official residential premises, its maintenance and release. The conditions and procedure for concluding such an agreement are determined by the authorized federal executive body.
(see text in the previous edition)
Military personnel performing military service under a contract are given, at their request, the right to join housing-construction (housing) cooperatives or to receive land plots for the construction of individual residential houses.
Military personnel - citizens undergoing military service under a contract, during their military service, have the right to improved housing conditions, taking into account the norms, priority and social guarantees established by federal laws and other regulatory legal acts of the Russian Federation.
(see text in the previous edition)
Military personnel - Foreign citizens are accommodated for the entire period of military service in dormitories in military units (military camps).
The procedure for providing housing subsidies and living quarters to citizens specified in paragraphs three and twelve of this paragraph is established by the federal executive body or the federal government body in which military service is provided for by federal law.
(see text in the previous edition)
(see text in the previous edition)
2.1. Providing living quarters for citizens discharged from military service upon reaching the age limit for military service, health reasons or in connection with organizational and staffing events, the total duration of military service of which is 10 years or more, regardless of the date of discharge from military service and which are up to On January 1, 2005, they were accepted by local government bodies for registration as those in need of residential premises, including those who changed their place of residence and accepted in connection with this by local government bodies for registration as those in need of residential premises at a new place of residence after January 1, 2005 , and members of their families living with them, is carried out at the expense of the federal budget at the choice of a citizen discharged from military service, in the form of providing:
(see text in the previous edition)
Ownership of residential premises is free of charge;
Residential premises under a social tenancy agreement;
A one-time cash payment for the purchase or construction of residential premises.
paragraph one of this paragraph, residential premises are owned free of charge or under a social tenancy agreement, the size of the total area of residential premises is determined in accordance with paragraphs 1 - 3 of Article 15.1 of this Federal Law.
When providing, in accordance with this Federal Law, to the citizens specified in paragraph one of this clause, a one-time cash payment for the purchase or construction of residential premises, the amount of this monetary payment is determined based on the standard of the total area of residential premises, determined in accordance with paragraph 4 of Article 15.1 of this Federal Law , and the average market value of one square meter of total residential area, determined by the authorized federal executive body for each subject of the Russian Federation.
3. Military personnel - citizens undergoing military service under a contract, and members of their families who have arrived at a new place of military service of military personnel - citizens, before receiving residential premises in accordance with the standards established by federal laws and other regulatory legal acts of the Russian Federation, are registered at the place of residence, including at their request to the addresses of military units. Before receiving residential premises, the specified military personnel - citizens and members of their families - are provided with service residential premises suitable for temporary residence, residential premises of a maneuver fund or a dormitory.
(see text in the previous edition)
In the absence of the specified residential premises, military units rent residential premises to provide for military personnel - citizens and members of their families living with them or, at the request of military personnel - citizens, pay them monthly monetary compensation for renting (subletting) residential premises in the manner and amount
(see text in the previous edition)
Local authorities provide assistance military units in the provision of rental residential premises suitable for temporary residence of military personnel - citizens and members of their families.
(see text in the previous edition)
Military personnel - foreign citizens are registered at the addresses of military units.
4. Military personnel - citizens undergoing military service under a contract, who own individual residential buildings (apartments) or are members of housing construction (housing) cooperatives, as well as military personnel - citizens who, in accordance with federal laws and other regulatory legal acts, The Russian Federation retains residential premises at the place of residence until entering military service or reserves residential premises; when transferred to a new place of military service in another locality, they are provided with service living quarters or dormitories together with their family members living with them for the period of military service in that locality. In the absence of the specified residential premises, the commander of the military unit acts in accordance with paragraph 3 of this article.
(see text in the previous edition)
5. If residential premises occupied by military personnel and members of their families living with them are vacated, with the exception of residential premises owned by them, these premises are provided to other military personnel and members of their families.
6. Military personnel - citizens, as well as citizens discharged from military service, and members of their families have the right to receive free ownership of the residential premises they occupy in accordance with federal laws and other regulatory legal acts, with the exception of official residential premises and residential premises in closed military towns.
(see text in the previous edition)
7. Lost power. - Federal Law of August 22, 2004 N 122-FZ.
(see text in the previous edition)
(see text in the previous edition)
9. Military personnel undergoing military service under a contract, sent for military service outside the territory of the Russian Federation, to the regions of the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, the living quarters they occupy in state or municipal housing buildings funds are reserved, with the exception of office residential premises, for the entire duration of their stay outside the territory of the Russian Federation or in the specified areas and localities.
(see text in the previous edition)
11. Military personnel undergoing military service upon conscription are accommodated in accordance with the requirements of general military regulations.
Military personnel undergoing military service upon conscription, cadets of military professional educational organizations or military educational organizations of higher education retain the residential premises occupied by them before conscription (entry) to military service. They cannot be deregistered as those in need of housing.
(see text in the previous edition)
12. Military personnel - citizens undergoing military service under a contract, and citizens discharged from military service upon reaching the age limit for military service, health conditions or in connection with organizational and staffing events, the total duration of military service of which is 10 years or more , as well as military personnel - citizens undergoing military service outside the territory of the Russian Federation, in the regions of the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, local government bodies have the right, as a matter of priority, to grant the right to enter into housing construction (housing) cooperatives or allocate land for the construction of individual residential buildings.
(see text in the previous edition)
13. Citizens discharged from military service, whose total duration of military service is 20 years or more, and upon dismissal from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staffing measures for the total duration military service for 10 years or more, who were not provided with a housing subsidy or living quarters at the time of dismissal from military service, cannot, without their consent, be deregistered as those in need of living quarters at the last place of military service before dismissal and are provided with a housing subsidy or living quarters in the manner prescribed by this Federal Law for military personnel.
(see text in the previous edition)
14. Providing living quarters for citizen military personnel with a total duration of military service of 10 years or more, upon dismissal from military service upon reaching the age limit for military service, health status or in connection with organizational and staffing events, and members of their families during the change place of residence is carried out by federal executive authorities and federal state bodies that provide for military service, at the expense of federal budget funds for the construction and acquisition of residential premises, including through the issuance of state housing certificates. The right to provide housing under these conditions is granted to these citizens once. Documents on the delivery of residential premises to the Ministry of Defense of the Russian Federation (another federal executive body or federal state body in which military service is provided for by federal law) and deregistration at the previous place of residence are presented by the indicated citizens and members of their families living together with them upon receipt residential premises at the chosen place of residence.
(see text in the previous edition)
Citizens discharged from military service and registered as needing residential premises, and members of their families living with them, are paid monthly monetary compensation for renting (subletting) residential premises at the expense of the federal budget in the manner and amount determined by the Government of the Russian Federation. Federation.
(see text in the previous edition)
The procedure for providing residential premises to military personnel - citizens living in closed military camps, upon their dismissal from military service - is determined by federal laws and other regulatory legal acts of the Russian Federation.
Providing a serviceman with the opportunity to obtain official housing for the period of his official activity is one of the priority tasks of the contract system. In order to resolve this problem, a specialized housing fund was created, which includes all residential premises provided to contract soldiers for temporary use. It is quite easy to obtain temporary possession of departmental real estate if you understand the intricacies of this procedure.
Service living space is allocated to military personnel in accordance with Order of the Ministry of Defense No. 1280 of September 30, 2010. This legal act determines the conditions and procedure for military personnel and their families to receive residential premises under social security agreements. hiring
In addition to the order, when providing contract military personnel with residential real estate, the following legislative acts are taken as a basis:
- No. 76-FZ dated May 27, 1998, revealing the status of military personnel in the Russian Federation.
- No. 117-FZ dated August 20, 2004, regulating the principles of mortgage lending to the military.
- Housing Code of the Russian Federation.
- Government Decree No. 512 of June 29, 2011, regulating the procedure for recognizing military personnel as needing housing.
Federal Law No. 76 establishes general rules provision of official real estate:
- housing provided to a contract worker on the basis of social benefits. rental, is the property of the state or municipality;
- the recipient of the living space can only be the serviceman himself;
- the home must be suitable for living;
- Only a citizen performing service in the region in which it is provided can receive official housing;
- the period for providing residential real estate cannot exceed three months after the serviceman’s arrival in the new region;
- allocation of living space occurs on a temporary basis;
- The period of residence in the dwelling is limited by the service life.
The legislation also provides for circumstances in connection with which a military man may subsequently obtain proprietary rights to allocated real estate.
Who has the right to receive departmental real estate?
Military citizens who have entered into a contract with the military department can receive departmental housing for the entire period of service. The following may apply for allocation of living space:
- officers, as well as warrant officers, who entered into a contract before 1998;
- citizens who received rank and assignment to service after graduating from professional military educational institutions;
- military personnel with the status of officers who entered into contracts in 1998 and later;
- sergeants, warrant officers, sailors who entered into contracts later than 1998;
- military citizens participating in the savings-mortgage system (NIS) before receiving real estate for living;
- military personnel who serve in closed military camps.
This list is exhaustive. The rest of the military personnel (conscripts, foreigners, military personnel who own living space) who are not included in the list of persons who are entitled to official housing cannot apply for allocation.
Requirements for the housing provided
The legislation does not impose special requirements for housing allocated to officers. The standard requirements that departmental housing must meet are reflected in the Civil Code of the Russian Federation. In any case, the home must comply with the following standards:
- area – must meet the standard of 18 m² per person;
- sanitary standards – absence of pests, mold (fungus);
- availability of furniture - rooms in small families and dormitories have a minimum set of furniture and appliances, equipped with plumbing;
- Availability of water supply, electricity, gas.
The building in which the contract employee is allocated housing must not be part of the program overhaul and should not be subject to demolition. At the same time, a serviceman can move into housing that does not meet the standards if he agrees to this.
Standards for distribution of living space
The distribution rate for departmental housing is regulated in accordance with the provisions of Federal Law No. 76. It is 18 m² per officer’s family member. Accordingly, a single serviceman will be provided with living quarters from 18 m² to 38 m². At the same time, a large family of five people can be allocated an apartment of 90 m² or more.
At the same time, the presence of additional benefits for the officer’s family can significantly increase the area of allocated housing.
Service living space can be obtained:
- in a high-rise building (apartment in an apartment building);
- in the premises of the maneuverable fund;
- in hostels and small families (room).
Based on the provisions of the law, there are separate categories of officers who have the right to apply for an increase in the area of the allocated residential premises. These include:
- military personnel holding the rank of colonel and above;
- officers who completed service due to health reasons or due to retirement;
- military personnel with state awards and honorary titles;
- teachers of military educational institutions;
- officers with academic degrees or titles.
Relatives of military personnel who have chronic illnesses that make living together impossible can also receive more spacious housing (Government Decree No. 378 dated June 16, 2006).
The municipality does not always have premises on its balance sheet that are suitable for the officer’s family according to the standards. Therefore, the legislation provides for alternative options for the distribution of living space. With the written consent of the military man, he may be allocated a dwelling of a smaller area. The provision of departmental housing occurs on a regular basis.
If a serviceman does not want to accept housing from the military department that does not correspond to the area, he can simply refuse it. Such actions do not imply any sanctions.
Obtaining departmental housing
The procedure for obtaining official living space is determined by instructions approved on the basis of the provisions of Order No. 1280 of the Ministry of Defense. In accordance with this instruction, in order to obtain departmental living space, an officer must act according to the following algorithm:
- Submit an application to the Housing Department under the Ministry of Defense of the Russian Federation.
- Wait for the military to be recognized as needing housing.
- Receive a message from the Department about the availability of premises.
- Agree to the proposed option or refuse it.
- Conclude a social contract hiring
Documentation
When submitting an application for accommodation, a serviceman must attach to the application a package of documentation containing:
- copies of personal documents of the officer and all members of his family;
- document confirming the validity of service;
- certificate of family composition;
- a copy of a document confirming that the contract employee is married or about its dissolution;
- a certificate confirming that the serviceman does not own any residential real estate in the service area;
- a certificate confirming the absence of other occupied housing under social security. hiring in the region of location;
- a certificate confirming the absence (renting) of official housing in other constituent entities of the Russian Federation.
Confirmation of the absence of other dwellings in the territory of service is required not only from the military man himself, but from members of his family.
Deadlines
The Housing Department makes a decision to recognize an officer as in need of housing and place him on the waiting list for departmental housing within 10 days. If the decision is positive, then within 3 days after receiving information about the availability of housing, the serviceman will be notified about it.
If the contractor agrees to the proposed option, he should be informed about this within 5 days. Consent is given in writing. If the decision is negative, you must also inform the department. The period for providing a response begins to run on the day the notice is served.
If there is no response from the officer, 10 days after he receives the notice, the department transfers the premises to another military personnel.
In the absence of departmental housing, at the request of the officer, he can be paid compensation every month for renting residential premises from a private person.
Lease agreement
Final stage obtaining official housing - signing a rental agreement. The contract contains information about all persons who will subsequently reside in the premises.
The document also stipulates:
- conditions of use of living space;
- reasons for termination of the contract;
- rights and obligations of participants.
The contract is drawn up for a certain period and is valid only during the period of military service by the officer or until termination. The grounds for termination of the contract are:
- the parties reach an agreement on termination;
- acquisition by the military of proprietary rights to other housing;
- employer's requirement (for example, when the number of family members increases);
- change of owner of allocated official real estate (transfer to the balance sheet of another department);
- requirement of the lessor (by decision of the court).
Termination through court is possible if:
- the employer (officer) or his family does not fulfill the terms of the agreement;
- for six months there is no payment for housing utilities and use of the premises;
- the employer and his relatives damaged or destroyed the allocated official property;
- there is a systematic violation of the rights of other residents;
- the property is not used for its intended purpose.
If the employer’s family increases in size (for example, after the birth of a child), the officer has the right to file a petition for the allocation of other departmental real estate, bigger size. In this case, the applicant for an increase in square meters will have to collect the necessary documentation again.
If there is a divorce in the family of a military man, the ex-wife can be evicted only by a court decision.
Release of allocated living space
The fact that a military person has been deregistered is confirmed by a certificate issued by the Housing Department confirming the renting out of the premises. To obtain this document, a serviceman must provide the following documents to the department:
- copies of personal documents of the officer and all members of his family with a note on deregistration;
- a certificate confirming the absence of debts for housing and communal services;
- an extract from the house register;
- notice of distribution of premises;
- a document confirming the right to receive departmental housing;
- act of transfer of residential real estate (indicating the condition of the home, repairs made, etc.).
After the termination of the rental agreement, the officer and citizens living with him must vacate the apartment within 3 months.
The state allocates office living space in order to create the most favorable conditions for military personnel to perform their duties. After all, allocating accommodation for this category of citizens, as well as their families, is one of the main ways to ensure social guarantees for the military, on whose shoulders the security of the entire state rests.
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