Military personnel are entitled to housing in accordance with Federal Law No. 76 (Article 15). However, this issue has its own nuances. For example, some categories of persons can receive an apartment 5 years after they fulfill their obligations. For others, a period of 20 years is assumed or housing is provided after the person has left the armed forces (and only important reasons are taken into account). Some categories of military can only use housing certificates from the state or take out a loan.
Subjects of law
Housing for military personnel, according to laws and regulations, can be obtained not only by the military man himself, but also by his family. In this case, the subjects of law are his spouse. Adult children of military personnel who become disabled before their 18th birthday can count on permanent housing . Minor children and dependent persons also have the right to receive an apartment. Children who are under 23 years of age and studying full-time at higher educational institutions also have this right. Housing provision for military personnel may also take into account other relatives specified in the Federal Law or other regulations.
A number of categories of citizens are prohibited from being evicted from office premises. For example, this applies to veterans and pensioners. If necessary, they must receive another apartment in return. State guardianship is also required for other categories of citizens. Permanent housing is required by law for the relatives of a military member who is killed, died, or goes missing while on duty. The category of protected citizens includes persons who are disabled in groups 1 or 2 due to the fact that they were injured, wounded or shell-shocked while performing their duty to the state. Not only injuries are taken into account, but also diseases that developed during military service. People living on social rent are also taken into account.
How to solve a housing issue: a military lawyer answers
Housing law > Mortgage > Benefits > How to solve the housing problem: a military lawyer answers
In order to resolve the housing issue for military personnel, the state is taking a number of measures. This issue requires special attention and must be resolved throughout the country. This is due to the peculiarity of this category: military service is not tied to a specific location, therefore, workers in this field should be able to obtain housing in the region where it is convenient for them.
The rights of military personnel to housing. Photo No. 1
These forms are:
- issuance of housing certificates;
- delivery of housing in kind;
- subsidizing purchase costs.
In 2016, this issue underwent certain changes. So, instead of providing natural housing, military personnel are offered mortgage lending on special terms.
Military mortgages are practiced by most domestic banks. State support is carried out by providing military support in the funded mortgage system. It should be taken into account that such a program has been successfully implemented for more than 10 years.
At the request of the loan program, the military can purchase square meters 3 years after the start of the military service. Under the program, the amount of mortgage lending can reach up to 3.5 million rubles.
Thus, by 2020, the Ministry of Defense intends to finally resolve the issue of providing housing for military personnel.
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Problems of military personnel
What problems do military personnel face when obtaining housing? Photo No. 2
The number of families in need today is about 40 thousand.
It is reported that with this measure the Ministry of Defense managed to bring the solution to the housing problem to a new level - close to completely closing the issue. The measure taken has significantly reduced the queue of people to be provided with apartments.
Many were interested in the fate of those houses that the Ministry of Defense is now building. They are finishing up. Initially, they were intended for military personnel and for transfer in kind. According to the department, they will be completed and transferred to needy military families. However, this will be the last batch of in-kind delivery.
It should be taken into account that the new form of security is more convenient in practice. So, if previously the military had to agree to housing where the department determined, now the right to choose the city is theirs.
Failure to provide housing to military personnel
What to do if housing is not provided for some reason. Photo No. 3
The state provides various options for providing housing. Upon the arrival of a serviceman to the ranks of officers, housing is provided within one quarter from the garrison reserve.
If for one reason or another this is not possible, then the serviceman and his family will be compensated for the cost of part of the rental housing. The exact share of compensation is established in regulations.
It may also be provided with the right of subsequent privatization. The exception is residential areas located in closed military camps. Considering the fact that they are on the balance sheet of the Ministry of Defense, their privatization is impossible.
In practice, resolving these issues may require the assistance of a military lawyer.
Subsidies
Subsidies are the most common method of government provision. They, unlike natural housing, allow you to choose an area, street, more spacious housing and even a city to live in.
The Federal Law “On the Status of Military Personnel” prescribes subsidized housing standards:
- if a military man lives alone, then he is entitled to 33 square meters of space;
- for a married couple this figure is 42 sq.m.;
- for families – 18 sq.m. for each family member.
When determining the amount of the subsidy, the housing cost standard is also taken into account, which differs between regions and cities.
In 2016, for Moscow this figure is 90,400 rubles, and for St. Petersburg - 58,112. In addition, the number of years of military service is taken into account.
It should be taken into account that if there is more than one military personnel in the family, for example, both spouses, then the subsidies due are not summed up, and the application is submitted to those who have more years of service.
Privatization
This process with the participation of a military person becomes lengthy. The difficulty is that the houses belong to the Ministry of Defense, and are not always transferred to the balance sheet of municipal authorities on time. Problems include the lack of technical passports or other important documents.
Privatization of housing occurs on the basis of a court application submitted to the local judicial authorities. If the court rules in favor of the plaintiff, then the package of documents and the court decision are transferred to the Unified State Register for registration of property rights.
There is a list of premises that are not subject to privatization. These requirements are similar to those that apply to conventional privatization.
These may be premises located in closed military garrisons, unsuitable for habitation or having significant technical changes without permitting documentation.
When resolving such issues, you should contact a military housing lawyer.
Additions, terms and benefits
Provision of housing for military personnel is carried out on a first-come, first-served basis. In this case, all norms that are prescribed in the Housing Code of the Russian Federation must be taken into account. If housing is provided to military personnel on the territory of a military unit, then the law provides for subsidies and benefits. Moreover, citizens who have benefits and have recently joined the queue will be much higher on the list than people who were on the list earlier but do not have preferential conditions.
It is imperative to take into account that members of a serviceman’s family are considered to be his wife or husband, who live with him according to the law (in addition, they must be citizens of the country), as well as parents and children. This also applies to veterans. Dependents and other relatives will be taken into account only if they live with the military personnel or run a joint household with him. Other persons may also be recognized as family members, but each case will be considered separately in court.
The receipt of official housing by military personnel is regulated by the Housing Code. Each military man must receive accommodation no later than 3 months from the moment he arrived at the place to perform his official duty.
Registration procedure
How to get on the waiting list for improved housing conditions?
To obtain housing from the state, you must follow a number of steps:
- Obtain the status of a low-income family.
- Be in need of improved living conditions.
- Use the apartment under a social tenancy agreement.
Which institutions should I contact?
To obtain the status of a low-income family, you must submit an application to the social protection department of citizens at your place of registration.
After assigning the status, you will need to contact the housing department of the local government. It also contains an application and attached necessary documents.
For information on the federal law on improving housing conditions, see the article: law on improving housing conditions.
Required documents
The following documents are attached to the application for assigning :
| Certificate of family composition | and papers for each family member |
| Total family income information | the income of each spouse, as well as other family members, is taken into account. |
| Documents on real estate objects owned by right of ownership | or other property that belongs to family members. Such documents may be extracts from the Unified State Register or other documents certifying ownership |
| Report from an independent appraisal organization on the value of objects | belonging to members of the applicant's family. This document is provided at the request of the citizen, but this can significantly reduce the time it takes to consider an application to recognize a family as needy |
Video: How to get on the waiting list to improve your living conditions
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Procedure for obtaining housing
Receipt of housing for military personnel is carried out in accordance with the legislation of the Russian Federation. It can be received by persons who have entered into a rental agreement. If housing is available, military personnel can only obtain housing in this way. In this case, the second apartment is issued for the duration of their service. Military personnel are entitled to additional housing only if they arrive at their place of duty. If military personnel work under a contract, they are placed in residential office premises or dormitories for the first 5 years of service. The contract determines the procedure for obtaining housing. It is drawn up on the form established by state standards. After a citizen has quit his job, he can obtain the right to housing.
Apartments are issued to military personnel upon application.
In addition, you need to collect a set of documents. It must include an extract from your service record. You must attach a certificate confirming the existence of your family and its composition. All documents that can confirm the completion of service and its duration will be required. You must attach a copy of your marriage certificate or divorce certificate. You must also have a certificate from your place of residence. It is necessary to attach the identification code of the citizen of the country and his family members. You can also use other documents that confirm your right to receive housing.
Now there is a Unified State Register of Housing directly for military personnel. All apartments for military personnel are included in this list. The first electronic version of the database was created in the fall of 2010. All military personnel who serve under a contract and have received their own unique individual number have access to this register. The database is available online in any region. The register can be seen if you visit the website of the Ministry of Defense.
If previously the list only contained information about the serviceman, now it has been significantly expanded. In this database you can check whether your own data is filled out correctly. You can find out about changes in legislation regarding how apartments are issued. Thanks to the electronic database, you can obtain information about new houses that are being built for the military, and the register contains their address, as well as a complete map of the entire country with houses for military personnel. You can also find out your place in the queue using this register.
Military personnel who have spent more than 20 years in service, persons who have reached the age limit or retired for health reasons after serving more than 10 years are considered to be in need of housing. To resolve the issue of housing, the state can transfer obligations from in kind to cash.
In other words, the state can provide monetary compensation instead of housing. This will allow a person to independently choose housing and the place where it will be located. One of the forms of exercising the right of ownership of housing may be participation in the savings mortgage system. However, it must last for at least 3 years after the military man has completed his service. The premises are provided to those military personnel who do not have their own housing. Compensation in cash began to be issued in 2014.
How to get an apartment from the state for free - for a young family, military personnel and orphans
Free housing was only given out in Soviet times to people who stood in long-term queues, many believe.
In fact, this is a myth. They still provide free housing today, and the queues have not gone away, but not everyone receives the coveted square meters, but only certain and worthy categories of citizens of our country. Who and how can get an apartment for free, who is guaranteed housing and why they actually have to wait for years, we will look in more detail in this article in the form of a step-by-step guide.
Is it possible to get an apartment for free from the state?
According to Art. 40 of the Constitution of the Russian Federation, today only families who really need housing can receive a free apartment from the state.
Today only citizens can get a free apartment:
- Those who have entered into a social tenancy agreement.
- Permanent residents of the Russian Federation who are recognized as low-income or in need of housing.
- Those who have only Russian citizenship and permanent registration.
As in the old Soviet times, there is a waiting list for housing. Out-of-turn applicants are:
- Citizens living in unsuitable living conditions and residential premises that cannot be reconstructed, houses subject to demolition.
- Citizens suffering from severe chronic diseases, a full list of which you can find in the current legislation of the Russian Federation.
Categories of persons entitled to receive an apartment
Applicants for free housing are citizens:
- Those living together with persons with serious illnesses, as well as with the right to new and free housing.
- Those who do not have a social contract renting, as well as own housing.
- Those in need of improved housing conditions, living in apartments and houses that do not meet safety requirements.
- Having a social contract rented, but living in an area less than the minimum required by law.
- Poor people whose income level is below the subsistence level established in the region.
Citizens belonging to these categories need to collect a package of documents confirming the fact of their need for housing and submit them to the municipality at their place of residence, which will register them and, accordingly, put them on the waiting list.
Do not try to carry out all sorts of dubious unofficial transactions, frauds with your housing in the hope of getting yourself the status of a needy person, a beneficiary.
Your housing history will be carefully checked for at least the last 5 years.
If you need housing and fall into the above categories of citizens, contact your local government and get on the waiting list like everyone else.
It is possible to get free housing, although not as quickly as many citizens would like.
How to get an apartment for a young family
Based on the Housing Code adopted in 2005, young families can obtain housing:
- Subject to the category of low-income people.
- Having a shortage of living space, taking into account the norm of square meters for each family member.
- Living in cramped housing.
- Those who have a low income, insufficient to purchase more spacious housing, regardless of whether it is privatized or not. Priority is given to insolvent citizens of the Russian Federation.
However, the fact of low income must be proven, a decent package of documents must be collected and submitted to the municipal authorities and other government agencies. Young families should have every reason to be recognized as needy.
Citizens have the right to improve their living conditions:
- Do not own any housing.
- Those who own housing on the basis of a social contract. rental, or purchase and sale, but the square meters are underestimated per person and do not correspond to the norm established by law.
- Living in unsuitable living conditions.
- Living with a seriously ill close relative in the same area.
3 categories of low-income families have the right to receive an apartment.
- Families living in houses for demolition, recognized as unsafe.
- Orphans and children without parental care who were previously in orphanages and foster families.
- Families living together with a seriously ill person who poses a threat to the health of all family members.
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Young families, even when placed on the waiting list, will have to prove their need for housing annually, and to put on the waiting list they need to collect the following documents:
- Application signed by all family members.
- Marriage certificate.
- Passports, birth certificates of all family members.
- A certificate from the BTI stating that your own housing is missing or is in disrepair.
- Certificates about the availability of benefits, if any, for example, for sick people, orphans.
Steps to get an apartment for a single mother
Many single mothers do not know that, by law, they are also entitled to free housing, and on preferential terms. As a rule, these are low-income mothers who do not have their own housing or need to improve their living conditions.
What do you need to do to get housing? Write an application, collect documents and submit them to local authorities, get on the waiting list, also confirm the fact of need for housing, present an inspection report of current living conditions, provide income certificates for each family member, that is, for all children.
Single mother status is a woman who has given birth to a child out of wedlock. Upon marriage, this status loses its meaning.
What does a large family need?
A large family is also entitled to an apartment. This right has appeared in recent years; previously, such families could only count on a small plot of land of 6 acres.
The plot is still available to large families today, so it is possible to combine 2 benefits, build a house on the plot or exchange the plot for an apartment, at least for the down payment, in the case of a mortgage.
However, there are problems for this category of citizens as well.
Large families must be recognized as low-income, do not own any other housing, live in a dilapidated house for demolition, or have lived for at least 5 years in one region of the country and have a permanent residence permit. Families can receive an apartment, but without the right to sell or subsequently transfer it to relatives.
Families with 5 or more children, in particular adopted children, can count on housing out of turn. In principle, they do not need to stand on it and this is an absolute plus.
Large families are considered to be the most vulnerable segments of citizens in Russia, and the state takes care of them, offers maternity capital, and allocates free land plots, but such assistance is not provided in all regions of our country. This law has not been adopted even in Moscow and St. Petersburg.
However, you can find a way out, for example, unite with several large families and, taking a loan and maternity capital, still build a large house for several families on a plot of land, also allocated from the state. This is like creating your own small housing cooperative, and from a legal point of view, it is possible and legal to do.
Then you can rent out some premises and pay off the loans taken in this way. But, you need to approach this option competently, harmoniously, and in agreement with all participants in this transaction.
The state guarantees housing for orphans
Orphans left without parental care and without their own housing have the right to receive a free apartment from the state. Funds for real estate are allocated from the federal budget.
You must submit an application before the age of 23 to 2 authorities at once: to the guardianship department and to self-government bodies.
The application must be accompanied by:
- Passport.
- Certificate of orphan status.
- Certificate of family composition.
- Marriage certificate.
- Birth certificates for children.
- A certificate from the BTI stating that you do not have your own home.
- Certificate from place of work or study.
After submitting your documents, you need to get in line. But these citizens belong to the first-priority category and when housing is distributed, it is the orphans who receive it first. It is possible to pay compensation, the amount of which is equal to the square meters per person. When registering an apartment, a social contract is drawn up. hiring
What do military personnel expect?
Military personnel also have the right to free living space, and it’s no secret that many of them have already received the coveted square meters. This category of citizens is subordinate to the Ministry of Defense, therefore it is well monitored and, when placed in a separate queue, military personnel receive housing much faster than, for example, low-income citizens.
While waiting for their housing, military personnel have the right to live in temporary housing, in service apartments located at the place of service, and housing is provided free of charge, until the day they receive their own new housing.
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There are still a number of obligations to the military, and everything is not as simple as it seems at first glance. Serviceman:
- Must serve the fatherland for at least 10 years.
- Must not own your own home.
A military mortgage is also provided for military personnel, that is, the state accrues a certain amount to the serviceman’s account, which after 3 years he can spend on paying the initial amount for an apartment. All subsequent payments will also be paid by the state, however, the loan amount should not exceed 2.5 million rubles. In fact, a military man receives an apartment from the state for free.
Necessity of business
The method of obtaining free housing is original; it also applies to military personnel, prosecutors, and judges, but in this case it is necessary to privatize official housing. A service apartment naturally belongs to someone, that is, to an enterprise or an employer, and all issues related to privatization must be discussed with them, with the owners of the apartments.
Of course, not everyone will agree to such a deal.
Should you count on the owner's generosity? Although this method exists, is legal, and civil servants can try to use it, the greater the chances of obtaining housing in this way will be higher if the enterprise has declared itself bankrupt and the real estate has been transferred to the ownership of the municipality. There's just a little bit left to do. Contact the local government authorities, write an application, privatize your home and the keys to it are practically in your pocket.
Emergency situation
People living in their apartment, which is declared to be in disrepair and cannot be repaired, can also apply for new free square meters.
If a house is to be demolished, then people need to be resettled. The state does not leave its citizens on the street and this category is provided with apartments in the same area, with approximately the same or improved living conditions. As a rule, new apartments are of higher quality and are not inferior in area to the previous ones - emergency ones.
Chronic illness
According to the law of the Russian Federation, free housing is provided to people with severe chronic illnesses, or to families who cannot live in the same area as a sick person. Many sick people live and do not know that they have such an opportunity. If you know such families, tell them, they have the right to get on the waiting list and improve their living conditions.
The list of diseases that fall under free housing is outlined in the Housing Code of the Russian Federation. Citizens suffering from:
- Cerebral palsy.
- Wheelchair users.
- Multiple sclerosis.
- Psychosis.
- Congenital myopathy.
- Schizophrenia.
- Dementia.
- Head and spine injuries.
- Other serious incurable illnesses.
Knowing your rights, do not hesitate to submit documents and get on the waiting list. Of course, you have to wait a long time, it’s hard especially for young families. Use different legal methods.
Obtaining an apartment is possible by concluding, for example, a lifelong annuity agreement, having it notarized and registered with the registration service. You can also look for a job with the possible prospect of getting your own home. You may be able to conclude a rental agreement while living in a service apartment, formalize a temporary employment relationship, and receive the coveted housing as you complete your service.
Source: https://prostopozvonite.com/realty/privatizaciya/kak-poluchitt.html
How can a military personnel be recognized as needing improved housing conditions?
In addition to providing a reduced interest rate, the money used to pay down payments and subsequent loan payments is provided by the state. A banking institution may refuse to apply for a military loan if your credit history is bad. It is necessary to resolve all issues with the financial institution because... The guarantor for the repayment of the TsZZ is the military department.
The Russian government has adopted the “military mortgage” program, which makes it possible to provide preferential loans for residential property to military personnel. The main condition for participation in the program is being in NIS. After three years, the military has the right to receive a mortgage certificate and enter into a mortgage agreement on preferential terms.
Also read: Can a wife claim her husband’s property after a divorce?
Recognition of a serviceman in need of improved housing conditions
This category of persons who have entered into a contract with the armed forces of the Russian Federation can count on free housing from the state. At the same time, Federal Law No. 76-FZ of May 27, 1998 “On the status of military personnel” clearly states the list of citizens entitled to such a benefit. However, when contacting a housing authority, a serviceman may encounter a number of difficulties:
Do not confuse registration for official housing and permanent housing. If a serviceman is in line for service housing, in order to receive permanent housing, he must also apply for a place in the line, and the order does not depend on length of service. This category of persons receives official housing while they are in the service. Accordingly, they do not have ownership rights to it, but can only use the provided residential premises.
Improving the living conditions of military personnel
If there are legally established grounds, the Russian state is obliged to improve the living conditions of military personnel. However, improvement of the living conditions of military personnel is not carried out automatically, but only upon the personal application or report of the serviceman. If a serviceman does not own or have any other legal basis for housing, or lives in conditions that are far from legally established standards, then the state must improve the serviceman’s living conditions. Throughout the entire territory of our state, the same legislative rules apply to improve the living conditions of military personnel. To receive housing from the state, a soldier must simultaneously meet certain criteria. Thus, improving the living conditions of a serviceman at the expense of the state is possible if the serviceman has a total length of service of at least ten years. In addition, families of military personnel who died during military service can apply for improved living conditions. Or who died after reaching the maximum age of their military service, having had more than twenty years of military service. Military personnel whose military service took place in the Far North and other Russian regions equivalent to it can also legitimately count on improved living conditions. Moreover, the total period of military service in the specified conditions must be at least fifteen years. In this case, the improvement of the living conditions of military personnel is carried out upon their dismissal from military service and upon the awarding of a well-deserved pension.
Also read: Child support if the child is 18 years old and studying
The above written information provided to the relevant competent authority to improve the living conditions of the military personnel must be genuine and correspond to factual reality. All documents and information submitted by military personnel are carefully checked, and if this information is false, then improvement of the living conditions of military personnel will be denied. If a serviceman who submitted false documents and information was put on a waiting list to improve the serviceman’s living conditions, he will subsequently be removed from this queue. In addition, a serviceman may be held legally liable for providing false information about himself.
Reflection in the law
The main one is the Housing Code of the Russian Federation. It is this document that touches on the concept of “intentional deterioration of living conditions.”
For military personnel, it plays a huge role, since any of their actions can be considered intentional, and the consequence of this will be removal from the queue for an apartment for 5 years.
The rules for recording military personnel applying for their own housing are regulated by Government Decree No. 1054.
