How is the square footage of office housing calculated?
The area is calculated based on the number of residents. According to the law, each family member must be provided with 18 square meters. m. If the military department cannot allocate an apartment of the required area, with the consent of the military man, he will be provided with temporary housing of a smaller size. Some military personnel are entitled to additional space - from 15 to 25 square meters. m. This category includes officers with the rank of colonel and above, unit commanders, teachers of military educational institutions, scientists with an academic degree, as well as military personnel with special merits.
Legal advice: Documents required to obtain official housing
Question:
What documents do you need to collect to get on the waiting list for an apartment? My husband is a warrant officer, currently on a business trip to the Caucasus, we live in Chelyabinsk, where he has been serving under a contract since October of this year. It so happened that we did not have time to register in Chelyabinsk before his departure, so we have registration in other cities of Russia, where we are from (he is from the Kurgan region, I am from the Kursk region). Is it possible for us to somehow register in Chelyabinsk from the military unit? What documents are needed to get on the waiting list for official housing?
Julia
Answer:
In accordance with paragraph 3 of Article 15 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel,” military personnel - citizens serving under a contract, and members of their families who arrived at a new place of military service of military personnel - citizens, before receiving residential premises according to 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 at the addresses of military units.
According to the “Instructions on the provision of service residential premises to military personnel - citizens of the Russian Federation, serving under a contract in the Armed Forces of the Russian Federation,” approved by Order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280 “On the provision of residential premises to military personnel of the RF Armed Forces under a social rental agreement and official residential premises", to obtain official residential premises, military personnel submit an application according to the recommended sample in accordance with the appendix to this Instruction to the structural unit of the authorized body of the Ministry of Defense of the Russian Federation (specialized organization (structural unit of the organization) (hereinafter referred to as the structural unit of the authorized body), to which the following are attached documentation:
- copies of identification documents of military personnel and members of their families (passports with information on registration at the place of residence, birth certificates of persons who do not have passports);
- certificate of military service;
- certificate of family composition;
- copies of certificates of marriage (divorce) - in case of marriage (divorce);
- information on the availability (absence) of residential premises occupied under social tenancy agreements and (or) owned by a military personnel and members of his family, according to the recommended sample in accordance with Appendix No. 2 to this Instruction;
- certificates (messages) from the technical inventory bureau at the place of military service (until January 31, 1998).
You have the right to register at the address of the military unit where your husband is serving. To obtain official housing, you need to submit documents to the Central Regional Housing Administration (the address can be found at the military unit).
Alexander Tomenko, military lawyer
Ask your question
How to get departmental housing
The process of obtaining official housing consists of several stages.
Filing an application
A military man who arrives at his place of duty submits an application to the department of the Housing Department of the Ministry of Defense and attaches to it:
- copies of passports - your own and family members;
- a document confirming marital status (marriage or divorce certificate);
- certificate of family composition;
- a copy of the contract for military service.
If the military man has previously been provided with office space, a document must be added to the set of papers, from which it follows that the previous housing has been vacated.
Consideration of the application
The department reviews the application and makes a decision on including the military person on the list for the provision of official housing. If there is a suitable vacant apartment, it is offered to the applicant for consideration.
Serviceman's decision
If the selected option suits the military man, he notifies the department in writing. In a situation where the apartment does not meet expectations (small area that does not correspond to the composition of the family, inconvenient location of the house), the serviceman has the right to refuse it, justifying his decision. If the reasons for refusal are considered significant, they will look for another option. If the arguments are weak, they may be removed from the queue for official housing.
Conclusion of an agreement
The final stage is the signing of the employment contract between the officer and the military department. The contract specifies all the people who will live in the premises and specifies the conditions for using the housing. If over time the composition of a serviceman’s family increases, he will be able to apply for an apartment of larger footage.
Privatization of official living space
In accordance with the provisions of Article 2 of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation,” a military serviceman living in state or municipal premises under an agreement on social rental of premises with the consent of all family members who have reached the age of fourteen has the right to acquire such housing as a property, having legally served apartment.
Since military personnel (including those dismissed and members of their families) have the right to free of charge registration of ownership of the residential premises they occupy, with the exception of office premises and apartments in closed military camps, they can reclaim the apartment of the Ministry of Defense.
How can a military man manage his service apartment? To do this, he must change the status of the home and formalize its transfer to municipal ownership. As a result, the place of residence of a citizen undergoing military service will lose its official status, due to which it can be transferred to persons under a social tenancy agreement.
In general, a procedure such as free privatization of housing for military personnel takes a lot of time.
When you need a lawyer's help
Judicial practice shows that obtaining official housing for contract servicemen does not always proceed smoothly. It happens that officers are forced to live in the barracks until a suitable apartment is provided or rent housing at their own expense. Sometimes military personnel are offered premises that require major repairs, and the refusal of such an apartment is perceived as unreasonable.
If such violations occur, military personnel have the right to protect their interests by turning to court or the military prosecutor's office. An experienced lawyer will help you competently draw up a claim, state your claims and support them with documentary facts and legislative norms. Our company employs competent military law lawyers who can defend your interests and achieve justice.
What is the complexity of the procedure?
A person using service residential premises from a specialized housing stock must remember some of his responsibilities:
- Use it for its intended purpose;
- Treat it with care;
- Pay due payments on time;
- Carry out routine repairs at your own expense;
- Without obtaining special permits, do not carry out redevelopment.
- Compensate for all losses caused, etc.
The difficulty of transferring office premises to the municipal housing stock is that this procedure has not found legislative reflection in the Russian legal space. Simply put, there is no legal act regulating this issue.
Practice shows that military personnel must submit an application to the administration of the enterprise, i.e. to the command of a military unit (or other military organization), and only after receiving the consent of the command, such a transfer of housing is carried out.
At the same time, it is difficult to count on a positive outcome in resolving this issue after studying the content of the Resolution of the Constitutional Court of the Russian Federation No. 13-P of October 24, 2000.
It says that since there are no legislatively defined criteria for banning the dispossession of housing, local law enforcement officers often abuse their powers and deprive citizens of their rights to housing.
Thus, it is clear that the service housing of military personnel, previously in state ownership and assigned to a state enterprise or institution with the right of operational management or economic management and transferred in the future to the ownership of municipalities, can be legally registered by these military personnel as property through privatization.
Having received answers to the question of how to dispose of living space, the military man can seek to exercise his legal right to living space.
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