Regulation of the issue at the legislative level

The provision of living space for this category of citizens is regulated by:

1. Decree of the President of the Russian Federation (hereinafter referred to as the Decree), guaranteeing transfer to the reserve only with the provision of housing.
2. The Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), which establishes the criteria by which a serviceman is recognized as in need of living space;
3. Federal Law “On the Status of Military Personnel” dated May 27, 1998 No. 76-FZ (hereinafter No. 76-FZ), regulating the procedure for obtaining real estate.
4. Order of the Ministry of Defense No. 510 (hereinafter referred to as the Order), defining the conditions for the provision of this benefit;
5. Resolution of the Government of the Russian Federation (hereinafter referred to as the Resolution), guaranteeing the provision of housing to military personnel whose service life is 10 years or more.

In accordance with Article 15 No. 76-FZ, the following may apply for an apartment or house:

• officers who graduated from military educational institutions;
• contract soldiers staying in closed military camps;
• officials who entered into a contract after the beginning of 1998

It is important that in addition to receiving an apartment or the amount to purchase it, the state provides the opportunity to participate in the military mortgage program. It allows you to get housing without a waiting list and a minimum 10-year service record. The down payment and further loan payments are provided by the state, which makes a military mortgage an affordable and profitable way to obtain your own real estate.

Expert opinion

Davydov Dmitry Stanislavovich

Deputy Head of the Military Commissariat

According to the law “On the Status of Military Personnel,” not only the officers themselves, but also their family members can apply for housing for military personnel. The following categories of persons have the same right:

• officer's spouse;
• minor children;
• dependent persons;
• children under 23 years of age, provided that they are receiving education at a higher educational institution.

Housing provision for military personnel and their families with the designation of another subject of law (spouse or child) is provided in the event of the death of an officer or his disappearance while on duty.

In accordance with clause 2.1 of Article 15 No. 76-FZ, improvement of existing housing conditions is possible due to:

• provision of real estate ownership;
• allocation of housing under a social tenancy agreement (details about this are written here);
• payment of a sum of money for the purchase of finished living space or construction (one time) - if you want to find out more, then read the article.

Also clause 2 of Art. 15.1 No. 76-FZ regulates who is entitled to be provided with additional meters when allocating living space. The following may qualify for such an improvement:

• commanders of military units;
• military personnel awarded the honorary title of the Russian Federation;
• teachers of higher educational institutions, both military and civilian (in the latter case we are talking about teachers of military departments);
• employees of military scientific institutions with an academic degree;
• military personnel holding the rank of colonel, general and marshal.

The number of additional meters is from 15 to 20 m².

In addition, additional meters are provided to those military personnel who suffer from chronic diseases that pose a danger to their family members.

The distribution of living space among military personnel is carried out by the housing commission of the military unit in order of priority.

26. Living space standard. Right to additional living space

The norm for the provision of residential space under a social tenancy agreement (provision norm) is the minimum size of the residential area, on the basis of which the size of the total area of ​​residential premises provided under a social tenancy agreement is determined. The provision rate is established by the local government depending on the level of provision of residential premises provided under social tenancy agreements achieved in the relevant municipality and other factors.

The accounting norm for the area of ​​residential premises (accounting norm) is the minimum size of the area of ​​​​living premises, on the basis of which the level of provision of citizens with the total area of ​​​​living premises is determined in order to register them as those in need of residential premises. The size of such a norm cannot exceed the size of the provision norm. This standard is used exclusively for the purpose of registering citizens as those in need of residential premises.

Municipal bodies have been granted broad powers in determining the size of the presentation norm and accounting norm, which implies responsibility for the decisions made by the lower levels of the “management vertical”. Some analysts, for example, M.Yu. Tikhomirov are inclined to believe that not fixing the size of the norm of representation per person at the federal level (as originally planned, in the amount of at least 15 sq.m. of the total living area) does not contribute to improving the living conditions of a number of regions of Russia.

The Housing Code of the Russian Federation does not directly provide for the right to additional living space (while Article 39 of the 1983 Housing Code established that, in addition to the living space norm, certain categories of citizens are provided with additional living space in the form of a room or in the amount of 10 sq. m.). More details in the “Commentary to the Housing Code of the Russian Federation”, ed. M.Yu. Tikhomirov (M.: Publishing house Tikhomirov M.Yu., 2005).

For certain categories of citizens recognized as needing residential premises, other standards for provision may be established (Clause 3, Article 50 of the Housing Code of the Russian Federation). An example is the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation” (with subsequent amendments and additions), in accordance with which the Government of the Russian Federation of December 21, 2004 No. 817 “On approval of the list of diseases that give disabled people suffering from them the right to additional living space” such a list was approved.

The right to additional living space (no less than 15 square meters and no more than 25 square meters) is also enjoyed by categories of military personnel defined by law (Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel” (as last amended). and additional):

• officers with the military rank of colonel, equal or higher;

• commanders of military units;

• military personnel - citizens holding honorary titles of the Russian Federation;

• military personnel - citizens teachers of military educational institutions of professional education, military departments at state educational institutions of higher professional education;

• military personnel are citizen scientific workers with academic degrees or academic titles.

Decree of the President of the Russian Federation of April 28, 1997 No. 425 “On the reform of housing and communal services in the Russian Federation” (with subsequent amendments and additional ones) involves the definition of another standard - the federal standard of social norm for housing area: 18 square meters. meters of total housing area per family member of three or more people; 42 sq. meters for a family of two; 33 sq. meters for citizens living alone.

Table of contents

Right to additional living space

The following can count on the provision of their own housing to military personnel with additional meters after transfer to the reserve:

• citizens holding the rank of colonel or higher;
• people who served in Afghanistan;
• military personnel nominated for the honorary title of the Russian Federation;
• military personnel with 20 years of service.

Teachers and researchers can apply for additional meters only during the period of their working activity.

Read more about providing housing for combat veterans in this material.

To be placed on the waiting list, the serviceman must be recognized as in dire need of housing. To do this, he needs to provide relevant evidence.

The rules for recognizing military personnel as needing housing are determined by the Resolution. The basis for such a conclusion is the accounting standard for living space established by Russian legislation for the place of military service or permanent registration address.

For this reason, the first step that a contract worker needs to take is to submit an application to be placed on a waiting list for housing.

Disabled people and people with serious illnesses

People who suffer from serious illnesses have the right to receive housing. This list of diseases is indicated in a special closed List, which includes people with an open form of tuberculosis or HIV, various mental illnesses or severe forms of mental neuroses.

This could be gangrene, epilepsy, hysteria and other similar diseases. These may be mental diseases that require mandatory annual observation in a hospital, or diseases of the central nervous system. This category also includes people with prolonged mental disorders or frequent exacerbations.

To be eligible for additional meters, a person must update a certificate from the hospital every year stating that he is undergoing treatment. In this case, the person is given the right to an additional 10 residential meters.

It is important to know! Disabled people listed in the list of diseases and approved by the Government of the Russian Federation have the right to be provided with housing with additional space. They are entitled to a separate living room, since according to the law, staying in the same room with such a person is not possible. Diseases from the list include chronic diseases leading to damage to the lower extremities, impaired renal function or any pelvic organs. This also includes spinal cord injury and its consequences.

A separate living room should be provided for people with purulent fistulas, fecal or urinary incontinence in cases where this process is not reversible and cannot be treated in any way. It is impossible to be in the same room with such a disabled person, so a room is provided.

This list includes cerebral palsy and all diseases that require the presence of a wheelchair.

Employees of the Department of Internal Affairs, tax police and justice

It is necessary to provide living quarters with additional space if the police officer is of at least the rank of colonel. The area is also available to persons in service or dismissed with the rank of colonel of justice or internal service.

The same applies to people serving in the tax police. All ranks received above colonel are taken into account and give the right to additional living space.

These categories of persons can receive both an area of ​​10 residential square meters in excess of the norm, and a separate isolated room in this area. Tax police officers have the right to an increased standard - up to 15 residential square meters.

In order to be in line and receive these meters during distribution, you need to have an official ID confirming your position and a certificate from your place of work received every year. The certificate must indicate that the person is working in the same place and in the same position or higher.

A pension certificate can serve as confirmation.

This is important to know: How to check savings on a military mortgage using the registry of the military mortgage system

Artists, figures of art, technology and science

People who have received the title of Honored Artists of Russia or the USSR, Honored Workers of Art, Honored Workers of Technology or Art, People's Artists have the right to receive social benefits and additional living space in the form of 10 square meters. In order to confirm your eligibility, you need to provide a document confirming the award of the title and identification documents.

Inventors and artists

The living space can be expanded by inventors who have a special certificate confirming their title. This also includes people who have higher or higher qualifications in the fine arts.

To obtain such living space, people in these professions must present a special certificate. In this case, they will be entitled to an additional 10 meters of space.

Judges, prosecutors and investigators

The position of a judge, investigator or prosecutor is complex and involves enormous nerve-wracking responsibilities. On this basis, they are given the right to receive additional living space of up to 20 square meters.

To obtain these meters, you need to provide a special, fresh certificate from your place of work every year. After leaving this position, the privilege of having additional space disappears.

Important! Heroes of the Russian Federation and the USSR, full holders of the Order of Labor Glory and holders of the Order of Glory, as well as heroes of socialist labor have the right to additional meters. To exercise your right, you must show a document confirming the fact of the award.

Additional space remains with most of the listed categories of people. Basically, this is the awarding of honorary titles to people who have worked for a long time or who have accomplished a feat. For some categories of citizens, the right to use additional meters of living space is lost along with dismissal from work.

Expert opinion

Davydov Dmitry Stanislavovich

Deputy Head of the Military Commissariat

Appendix 1. List of categories of citizens entitled to additional living space

Legal basis	Additional size area	Document giving the right to benefit
Persons suffering from diseases listed in a special list	Annually updated certificate from the medical institution
Disabled people in accordance with the list of diseases approved by the Government of the Russian Federation	Separate room	VTEK certificate about the cause of disability indicating the period
Officers with the military ranks of colonel, equal or higher, undergoing military service or dismissed from military service upon reaching the age limit for military service, health conditions or in connection with organizational and staffing measures	Additional total area of ​​at least 15 and not more than 25 square meters	Officer's ID and ; pensioner's ID
Employees of internal affairs bodies with the rank of police colonel, colonel of internal service, colonel of justice and above, as well as those dismissed from service in this rank	Separate room or additional area of ​​10 square meters	Service ID and annually updated certificate of employment; pensioner's ID
Tax police officers with the rank of tax police colonel and above, as well as employees dismissed from service in this rank	(with subsequent changes and additions)	Separate room or additional area of ​​10 square meters	Document conferring the title
People's and Honored Artists of the Republic	(with subsequent changes and additions)	Separate room or additional area of ​​10 square meters	Document conferring the title
Members of the society of former political prisoners and exiled settlers and the society of old Bolsheviks	(with subsequent changes and additions)	Separate room or additional area of ​​10 square meters	Certificate of membership in the society
Inventors	Separate room or additional area of ​​10 square meters	Special ID
Highly qualified fine arts workers	(with subsequent changes and additions)	Separate room or additional area of ​​10 square meters	Special ID (membership books)
Researchers who are members of sections of researchers and graduate students at higher educational and research institutions	A special certificate (or certificate) issued by sections of scientific workers; document (certificate) issued by a higher educational or research institution
Writers who are members of the Union of Soviet Writers	Separate room or additional area of ​​at least 20 square meters	Certificate of the Writers' Union or membership book (or certificate) issued by the Writers' Union
Composers who are members of the republican, regional and regional unions of Soviet composers	Separate room or additional area of ​​at least 20 square meters	Certificate of the Union of Cinematographers or membership book (or certificate) issued by the Union of Cinematographers
Citizens who received or suffered radiation sickness and other diseases associated with radiation exposure as a result of the Chernobyl disaster, and disabled people as a result of the Chernobyl disaster	Separate room	Certificate of participant in the liquidation of the consequences of the accident at the Chernobyl nuclear power plant
Families of citizens who died as a result of the disaster at the Chernobyl nuclear power plant, who died as a result of radiation sickness and other diseases arising in connection with the Chernobyl disaster, as well as families of deceased disabled people who were covered by the benefits specified in Article 14 of this Law	Separate room	Help from the Department of Social Protection of the Population
Heroes of Socialist Labor and full holders of the Order of Labor Glory	Additional living space of up to 15 square meters	Document conferring the title
Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory	Additional living space up to 20 square meters	Document conferring the title
Annually updated certificate of employment
Judges of the Constitutional Court	Additional living space of at least 20 sq.m. or in the form of a separate room	Annually updated certificate of employment
Prosecutors and investigators	Additional living space of at least 20 sq.m. or in the form of a separate room	Annually updated certificate of employment

Housing standards for military personnel

State-provided housing for military personnel must comply with accounting standards adopted by law - this is a prerequisite for the implementation of a program to provide military personnel with living space.

Housing standards for military personnel are 18 m² for each resident. If the property is provided after the death of a military officer, the area is determined by taking into account all family members along with the deceased officer.

Taking into account the characteristics of some apartment buildings, the allocated real estate may be larger, while an increase in the provision rate is possible by no more than 9 m² for a single officer, and no more than 18 m² for family members of a deceased serviceman.

What threatens the deliberate deterioration of living conditions?

Despite the fact that the intentional deterioration of the living conditions of military personnel is quite common, the law does not have clear criteria by which it can be determined; therefore, any transactions made by a serviceman or a member of his family to alienate existing property are recognized as intentional deterioration. For example, if an officer or his wife were co-owners of a house, they sold it or donated it, thereby getting rid of the property.

Committing such actions deprives the serviceman of the right to apply for housing for 5 years. The countdown begins from the moment the real estate transaction is completed. After the specified period has expired, he can re-enter the queue.

When is additional living space available for disabled people?

Sample certificate of disability Division into groups by law Based on Article 17 of the Federal Law on Social Protection of Persons with Disabilities, citizens registered after January 1, 2005 can provide residential property in accordance with the current regulations on residential property in force in the territory Russian Federation.

1) (In your case, an apartment with a TOTAL area of ​​46 m2 is registered for 3 people. Square footage for 1 person - 46 / 3 = 15.3 m2 exceeds 10 m2B) Lack of square meters - for 1 person in a separate apartment there is less than 10 m2 of TOTAL area, in communal apartment - less than 15 m2;

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General instructions for providing housing

In accordance with the Instructions on the provision of housing to military personnel, the algorithm of actions is as follows:

1. To get an apartment, you need to write an application to the Housing Department of the Ministry of Defense of the Russian Federation. The document is drawn up according to the established template.
2. After acceptance of the application, the applicant will be entered into the Unified State Register as in need of housing. It contains all currently available apartments for military personnel. Anyone can access the database, which allows not only to monitor how far the applicant has progressed in the queue, but also to check the correctness of the entered data.
3. The application is considered within 30 days from the date of registration, after which the applicant is notified that he has been placed in a queue and given a list of documents that must be submitted.

The procedure for providing housing is carried out in the order of priority, taking into account the applicant’s existing benefits.

Registration of military personnel in need of housing

To get in line for an apartment, in addition to the application, you need to submit a package of documents to the Department. Registration of those in need of housing is carried out on the basis of:

• personal passport;
• military ID;
• passports and birth certificates of all family members of the applicant;
• marriage certificates;
• an extract from the Unified State Register of Real Estate confirming the fact that you do not have your own home;
• bank statements for the last 5 years;
• documentary evidence of benefits not related to military status (if any).

It should be taken into account that the presence of a service apartment is not an obstacle to queuing for permanent housing.

Read more about how to register in this article.

How to get housing for a military pensioner

Housing is provided to military pensioners if they were dismissed due to:

• achieving maximum service life;
• health conditions;
• carrying out regular activities.

In all of the above cases, the service life must be at least 10 years.

The Department is also involved in the distribution of apartments for military pensioners, so to be placed in the queue you need to write a petition to this particular body. You must also attach a package of documents to it.

In addition to the list listed above, pensioners must additionally submit a pension certificate. Next, the procedure is carried out in a standard manner: the applicant gets in line, after a certain amount of time he is provided with living space or a sum of money for its purchase.

Rules for providing housing subsidies to disabled people in the Russian Federation

A special feature of the target program is the time factor that must be taken into account. Persons with disabilities who joined the queue before 2005 have the right to receive a subsidy from special financial resources of the relevant territory of the Russian Federation.

We recommend reading: For whom are there benefits when selling property?

For those who have a disability of groups 1 and 2, the state has provided for the payment of funds not only for the purchase of their own real estate, but also for further payment of utility costs, as well as reimbursement of costs associated with repair work aimed at furnishing the apartment.