26. Living space standard. The right to additional living space / Housing law cheat sheet

The Housing Code of the RSFSR (Article 38) established the standard of living space at 12 square meters.
m per person. This figure was the maximum size of the living space provided. Currently, the standards for providing living space have changed. In practice, residential premises are provided to citizens in Russia in the amount of 9 to 12 square meters. m of living space per person. The standard of living space has important practical significance and is taken into account, in particular, when calculating the payment for residential premises, when providing residential premises to a tenant in connection with a major renovation of a residential building or when evicting a tenant, dividing living space, subletting premises or moving in temporary residents, resolving the issue of providing additional living space. Modern legislation provides for the following types of housing norms: “Its” provision norm (the norm for the provision of living space under a social tenancy agreement); “Its” registration norm (norm for registration as those in need of improved housing conditions); pis' social norm (social norm standard for calculating compensation for housing and utilities). The standard for providing residential area is understood as the minimum size of 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 achieved level of provision of residential premises and other factors. The social norm of housing area refers to the size of housing area per person, within which compensation (subsidies) are provided for housing and utilities. The federal standard for social housing area today is 18 square meters. m of total housing area per family member of three or more people, 42 sq. m - for a family of two people, 33 sq. m - for citizens living alone. No revision of this standard is expected until 2010. The size of the total area of the apartment is determined based on the sum of the areas of all premises of the apartment, including the area of rooms and common areas in the apartment. Common areas in an apartment are auxiliary non-residential premises that are intended to serve only this apartment. These include the kitchen, interior corridor, and other similar premises. The procedure and conditions for the provision of additional living space and the list of categories of citizens entitled to receive it are established by the legislation of the Russian Federation. Currently, there is no specific single regulatory document establishing the categories of citizens entitled to receive additional space; Such categories are specified in various regulations. Additional space in the form of a separate room or in the amount of 18 square meters of total area is provided to citizens suffering from severe forms of certain chronic diseases and other categories of citizens, unless otherwise provided by law. When determining the size of the provided residential premises, residential premises (shares in the right to residential premises) in respect of which citizens and members of their families have an independent right to use, as well as civil transactions concluded by citizens and members of their families with the residential premises belonging to them are taken into account ( shares in the right to residential premises). As for military personnel, according to Art. 15 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”, officers in the military ranks of colonel, equal or higher, commanders of military units and certain other categories of military personnel have the right to an additional total living area of at least 15 square meters. m and no more than 25 sq. m. The right to improve housing conditions and provide living space for disabled children can be guided by Article 17 of Federal Law No. 181, which was adopted on November 24, 1995. For those who were registered after 01/01/2005, housing squares are issued in accordance with Article No. 57 of the Housing Code. Only those persons who suffer from a severe form of a chronic disease can receive a pass without a queue (Part 2 of Article No. 57 of the Housing Code). Living space for a disabled child in terms of standards At the federal level, there is no specific value for the minimum size of housing that can be provided to a disabled person. This right is granted to local authorities. The number of square meters is affected by various conditions. So, for example, in Moscow, 18 sq.m. are allocated for one person who falls under the category of a disabled person. minimal.

When is additional living space available for disabled people?

Federal Law dated December 1, 2014 N 419-FZ) (see text in the previous edition) (as amended by Federal Law dated December 29, 2004 N 199-FZ) (see text in the previous edition) Disabled people and families with disabled children those in need of improved housing conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Providing, at the expense of federal budget funds, housing for disabled people and families with disabled children in need of improved housing conditions, registered before January 1, 2005, is carried out in accordance with the provisions of Article 28.2 of this Federal Law.

How to get an apartment for a disabled child in 2021

Persons who suffer from serious chronic diseases.

Content:

Norms of living space per person
What is the standard living space per person?
Acceptance for housing registration.
Housing certificates for military personnel
Housing subsidy calculator for military personnel for the 1st half of 2018
Post navigation

Standards for living space per person Contents of the article:

Rules for the provision of residential premises
Sanitary and social standards
What is an accounting standard?
Where will the size of living space be taken into account?
Who is entitled to additional meters?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Providing people with disabilities with living space

It is worth noting that the Ministry of Health of the Russian Federation has already approved a new list, within the framework of which the list of diseases required to receive benefits is being clarified. It will enter into legal force immediately after the cancellation of the previous document at the first request of the Russian Government.

As part of the program for improving living conditions, the fact that disabled people who permanently reside in inpatient medical institutions is subject to registration to improve conditions, regardless of the size of the area. They are provided with the same benefits as other categories of disabled people.

Sample application for registration for improvement of living conditions and the right to additional living space Provision rules Providing persons with disabilities with residential property is carried out on the basis of the standards prescribed in Article 17 of the Housing Code of the Russian Federation.

Acceptance for housing registration.

Important

Determining the procedure for providing residential premises (under a social tenancy agreement or ownership) to citizens in need of improved housing conditions who registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation. Residential premises are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention.

Disabled people may be provided with residential premises under a social tenancy agreement with a total area exceeding the norm for provision per person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for in the list established by the federal body authorized by the Government of the Russian Federation executive power. (edited)

The right to additional living space for military personnel in 2021

On the right to additional living space when at disposal or upon dismissal from military service.

In connection with the ongoing reform of the Armed Forces of the Russian Federation and the subsequent release of military personnel from military positions, the question often arises whether military personnel, in particular teachers of a military professional educational organization or a military educational organization of higher education, a military department at state educational organization of higher education, enrolled at the disposal of the relevant commanders (chiefs), as well as those dismissed from military service?

The position of the Main Military Prosecutor's Office of the Russian Federation, as well as the Director of the Legal Department of the Ministry of Defense of the Russian Federation, who stand on the side of such military personnel on this issue, unfortunately, does not coincide with the position of the courts. According to the Main Military Prosecutor's Office, “discharge from duty is caused by an objective factor independent of the will of the serviceman - the implementation of organizational and staffing measures. Such a forced change in official position is predetermined by the need to resolve issues of the serviceman’s further military service and is limited to a six-month period. Under such circumstances, while at disposal, the serviceman will qualify for permanent housing from the state, taking into account the right to additional total living space.”

The Director of the Legal Department of the Ministry of Defense of the Russian Federation gave appropriate explanations to the Director of the Housing Department of the Ministry of Defense of the Russian Federation (letter dated February 25, 2014, ref. No. 207/700 to No. 194/7/4773 dated February 17, 2014) according to which “In the opinion of the Legal Department, the provision that the enrollment of military personnel who entered into a contract for military service after January 1, 1998 (with the exception of those with the military rank of colonel, equal or higher) at the disposal of the commander (chief) entails the loss of their right to additional total area is not sufficiently substantiated residential premises on other grounds provided for in paragraph 2 of Article 15.1 of the Federal Law, and does not entail - for military personnel who entered into a contract for military service before January 1, 1998.”

We need the help of a military lawyer (consultation, drawing up administrative claims, complaints (appeals, cassation) to the Supreme Court of the Russian Federation, the Constitutional Court of the Russian Federation, the European Court of Human Rights (ECtHR), on housing issues (on issues of housing for military personnel, military pensioners and members of their families: placing on a waiting list for residential premises in the Unified Register, receiving a housing subsidy, receiving monetary compensation for renting (subletting) residential premises, representing interests in court?

Do you need professional legal advice from a military lawyer on housing issues in a language that the average person can understand?

Do you need a sample application, claim, or complaint to court?

We will be grateful if you can help us develop our website:

— by placing links to our website https://www.voensud-mo.ru/ on the Internet.

— leaving a review about our work, for example, on Yandex.

Sincerely,

Team of the Law Firm "STRATEGY"

One of the highest priority government issues is providing housing for military personnel. While they carry out their official activities, they often have to move from one place to another, usually with their family. For this reason, military personnel can count on the provision of official living space or payment for a rented apartment by the state.

When the service life under the concluded contract ends, they have the right to receive additional residential space or separate real estate ownership. According to current legislation, dismissal to the reserve without the allocation of an apartment or house is not allowed, while instead of providing real estate, payment of an equivalent amount of money is possible. Participation in the military mortgage lending program is also available, allowing you to become the owner of real estate on favorable terms and without a queue.

The article below will discuss in detail the general procedure for military housing, the norms for the allocated area, the necessary conditions for obtaining and other features of this procedure.

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

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.
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;
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.
Order of the Ministry of Defense No. 510 (hereinafter referred to as the Order), defining the conditions for the provision of this benefit;
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.

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.

This is interesting: Deadlines for eliminating housing and communal services accidents: standards for various elements 2021
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.

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.

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 employee needs to take is to submit an application to be placed on a waiting list for housing.

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.

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.

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

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.
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.
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.

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.

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.

The legislation provides for the possibility of re-providing housing for military personnel. This is permitted if the applicant is again recognized as in need of improved housing conditions. This is possible as a result of changes in family composition: an increase in the number of members or the appearance of dependents. For example, if a single officer received an apartment, he is removed from the queue. Subsequently, if he marries and/or has children, the area issued by the state will not comply with accounting standards. Thus, he will again be recognized as in need of housing, and can re-enter the queue legally, while the property he has will be taken into account when allocating housing, and the area of the re-provided apartment will be reduced by the number of square meters of the previously allocated property.

Meanwhile, every serviceman whose service life is at least 10 years can count on receiving an apartment/house or a sum of money from the state for its purchase. However, the queuing procedure has many nuances that must be taken into account.

If you have experience in obtaining housing using one of the methods listed in the article, share it in the comments.

I have the academic title of Candidate of Technical Sciences and am a military man at my disposal. Can they refuse additional square meters since I am at my disposal?

Yes, they can, since you do not hold a position

This is interesting: Video surveillance at the entrance: law and installation rules 2021

The army put me at disposal and did not provide me with housing while I was in office!

Unfortunately, this is the approach of the courts

The right to receive additional living space for a military personnel is determined by the nature of his military service, military rank or military position held by him

Until October 20, 2010, Lieutenant Colonel Kh. served in military service as a senior lecturer at the department of the Tula Artillery Engineering Institute and was subject to the provision of official living quarters for the entire period of military service. In connection with ongoing organizational and staffing measures and the impossibility of his dismissal without providing housing, the applicant was placed on the payroll from October 20, 2010.

In September 2013, the head of the branch of the Federal State Treasury Institution “Western Regional Housing Administration” of the Ministry of Defense of the Russian Federation in the Tula Region - Tula, decided to exclude from the Unified Register of military personnel in need of residential premises under social tenancy agreements, records of entitlement X. for additional space, since he is not a teacher and is at his disposal. This decision was challenged by the applicant in court.

By the decision of the Tula Garrison Military Court, left unchanged by the court of appeal, Kh.’s application was denied.

In this case, the court of first instance proceeded from the following.

In accordance with paragraph 8 of Art. 15 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel” (as amended in force at the time of the emergence of controversial legal relations) officers in the military ranks of colonel, equal and higher, undergoing military service or dismissed from military service upon reaching age limit for military service, health status or in connection with organizational and staffing events, as well as military personnel-teachers of military professional educational organizations or military educational organizations of higher education, military departments at state educational organizations of higher education, military personnel - scientists with academic degrees degrees and (or) academic titles are entitled to an additional total living area of at least 15 square meters and no more than 25 square meters.

According to the current version of paragraph 2 of Article 15.1 of the said Federal Law, 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 in connection with organizational and staffing issues events, the commander of a military unit, a serviceman who has an honorary title of the Russian Federation, a serviceman - a teacher of a military professional educational organization or a military educational organization of higher education, a military department at a state educational organization of higher education, a serviceman - a researcher who has an academic degree and (or) scientific rank, when provided with residential premises, including service residential premises, have the right to an additional total area of living premises ranging from 15 to 25 square meters.

Based on these provisions of the law, the court of first instance correctly concluded that the right to additional living space upon termination of duties in a military position and military-service relations is reserved only for military personnel with the military rank of colonel, equal or higher, and other categories of military personnel listed in the above rule of law can realize this benefit only during the period of their military service in the relevant positions.

This conclusion does not contradict the legal position of the Constitutional Court of the Russian Federation, according to which the right to receive additional total living space is, by its nature, a benefit provided to military personnel taking into account their special legal status due to the nature of military service, which requires them to perform specific national defense tasks associated with danger to their life and health, as well as other specific conditions for military service. Termination of the required legal status also implies the loss of the right to this benefit (rulings of the Constitutional Court of the Russian Federation dated June 19, 2007 No. 446-O-O, dated February 21, 2008 No. 100-O-O and June 24, 2008 No. 559-O -O, dated July 14, 2011 No. 1021-O-O).

The court of first instance rightly considered one of these specific conditions to be the fulfillment by a serviceman of the duties of military service in a specific military position as a teacher in a military educational organization of higher education.

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) in accordance with paragraph 1 of Article 15 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel” are provided with official residential premises for the entire period of military service.

The right to receive residential premises for permanent residence at the chosen place of residence by virtue of paragraph. 12 clause 1 art. 15 of the same Federal Law arises for this category of military personnel only 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, as well as upon dismissal for on other grounds, but if the total duration of military service is 20 years or more.

This category of military personnel, as can be seen from the case materials, also includes applicant Kh., whose right to receive residential premises for permanent residence at his chosen place of residence arose only upon dismissal from military service in connection with organizational and staffing measures.

Analyzing the provisions of paragraph 8 of Art. 15 of the Federal Law “On the Status of Military Personnel,” the court of first instance rightly pointed out that the right to receive additional living space by its nature is a benefit provided to certain categories of military personnel, taking into account their special legal status, and the termination of the necessary legal status also implies the loss of the right for this benefit.

This is interesting: Renting an apartment: is it possible not to pay tax in 2021

Having established that in connection with the enrollment of Kh. in October 2010, he ceased to perform the duties of a teacher, and also taking into account that the right to provide the applicant with living quarters at his chosen place of residence can be exercised by providing him with living quarters only upon his dismissal from military service, the court came to the correct conclusion that the applicant did not have the right to provide housing for permanent residence, taking into account the right to additional space, as a teacher at a military educational institution.

to our lawyers - it’s much faster than looking for a solution.

Citizens working in military service have several ways to obtain an apartment. To know all the nuances, study the standards for providing housing to military personnel. Who can apply for an increase in housing area?

Living space for military personnel

The general conditions for obtaining living space by military citizens of the Russian Federation are officially approved by Federal Law No. 117. The calculation of square meters and permissible excesses from the norm are indicated.

These indicators are not taken into account when obtaining housing through a military mortgage. When applying for a housing subsidy (EDV) are taken into account.

According to the law, there are clear criteria for military personnel who can receive apartments under government programs or receive funds to purchase their own housing.

If a serviceman retired or transferred to another service, then these changes do not affect the provision of real estate from the state. Officers who have served for ten years or more can count on receiving an apartment if they have officially confirmed the need for living space.

A former military man can apply for an apartment if:

The serviceman has served his maximum term of service;
The dismissal was due to medical reasons, deteriorating health;
In connection with OSHM (organizational and staffing measures).

Calculation of the size of living space or receipt of a subsidy is calculated taking into account the rules and conditions that are prescribed by law. This takes into account the length of service and the number of family members who will live in the apartment.

For discharged military personnel, there is a standardized living space size of 18 m2 per person.

Attention! If a serviceman has several listed reasons for receiving real estate, then the calculation of preferential square meters is provided according to the general rules, only one reason is taken into account.

Getting an apartment for military personnel

There is a rule under which it is possible to purchase additional square meters of the received property. If, during the distribution of apartments, a serviceman received an area exceeding the permissible limits. Then he pays for additional living space. In this situation, you can get an apartment with a large area, but only if you receive ownership of the property.

If a serviceman registers real estate in his own name, then the availability of an existing apartment or house with other members of the officer’s family is taken into account.

Numerical indicators regarding the total area of the apartment are set depending on the region. According to the standards for providing housing to military personnel in Moscow, you can get a separate apartment with 10 m2 for each family member, 15 m2 for each if the apartment is communal.

Military personnel can receive a housing subsidy to purchase a ready-made apartment or build their own home. A one-time cash payment (LCP) is issued according to certain conditions. According to Government Decree No. 76, the following categories of military personnel can count on receiving EDV:

Officers with the rank of general, admiral, marshal, colonel, captain of the first rank;
Military personnel who apply for housing based on a medical certificate;
Teachers of military universities;
Officers with a scientific degree.

There are online calculators to calculate the approximate amount of the subsidy. The Resolution on calculating the norm for the provision of housing when issuing EDV to military personnel takes into account the number of family members. For a married couple without children, the standard for providing living space is 42 m2. For single military personnel, the living space will be 33 m2.

If the officer has at least one preferential basis, then he can increase the normalized area by 15 m 2.

When calculating, the officer’s length of service, rank, number of family members, and the availability of available living space in the property are taken into account.

To apply for subsidies that will be used to improve housing conditions, you need to prepare a package of documents for the EDV:

A completed application of the established form to receive a subsidy;
It is necessary to open an account in the name of the applicant to transfer funds, provide a bank statement;
A copy of the passport of each family member, if there are children, then copies of the birth certificate;
An official document that confirms the length of military service;
If the applicant owns housing and the area does not meet the established standards, then a copy of the ownership document is provided.

Obtaining EDV and purchasing real estate is a complex procedure. There are certain difficulties when applying for a subsidy. Therefore, if purchasing an apartment is carried out in this way, it is recommended to seek the help of qualified lawyers.

Mortgage conditions for military personnel

There are ways for military personnel to purchase their own home using a mortgage loan. A military mortgage allows participants to purchase an apartment with the desired square footage; there are no standardized housing sizes for the savings-mortgage system.

Purchasing a home with a military mortgage gives you more opportunities. In this case, the length of service, military rank, or real estate owned by the applicant is not important. Acquiring real estate in this way provides equal rights to each officer. Military personnel who take out a mortgage are given freedom when choosing an apartment.

An apartment can be purchased in any region of the country. The mortgage loan can be repaid ahead of schedule using your own funds or maternity capital.

A military mortgage is a good alternative way for military personnel to purchase an apartment. The standards for the provision of housing depend on length of service and military rank; military personnel can receive housing according to the conditions specified in the legislative regulations of the Russian Federation.

Grounds and procedure for providing official housing for military personnel:

Other

Safe distance from power lines to a residential building: standards for 2021

Other

Contributions for major repairs need not be paid - decision of the Constitutional Court 2021

Other

Water disposal on the receipt - what is it? 2021

Other

Payments under the resettlement program for compatriots 2021

Great article 0

Article 17. Provision of housing for disabled people

Additional square meters are allocated in the format of a separate room and only on the basis of the presence of a list of diseases approved in special Resolutions of the Government of the Russian Federation. Citizens who fall under the category of those in need can receive additional living space for comfortable living in the amount of 15 square meters.

Attention

Programs and compensation At the regional level, in some cases, additional grounds may be provided for recognizing persons with disabilities as needing housing property. For example, citizens with the first or second disability group, who have been permanently registered in the city of Moscow for at least 40 years, may fall under the needy category, regardless of the specific standard.

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

Additional living space

Who has the right and according to what standard In 2021, the standard for the provision of residential premises under social agreements is the minimum number of square meters, depending on which the total size of housing provided under the relevant agreements is determined. The standards under consideration are always determined by competent representatives of municipal authorities, taking into account many factors. The accounting standard for residential premises can be considered the minimum size of living space. Its size cannot be higher than the provision rate determined at the local level. Such criteria are applied only to register citizens of the Russian Federation as a category in need. It is worth noting that municipalities have a fairly wide range of powers within the framework of determining accounting standards, which provides for a certain responsibility for decisions and regulations made.

Article 50 of the RF Housing Code. Norm for provision and accounting norm for residential area

Before starting to comment on this article, I would like to say a few words about the uncertainty, the inevitable generation of a mass of additional legislative acts, the complete lack of control and lack of responsibility of officials. Such thoughts involuntarily arise in the head of anyone who has already read the text of this article.

But we are lawyers and continue our work, ignoring our emotions.

The commented article establishes the concepts of the provision norm and the accounting norm for the area of residential premises.

1. By the norm for the provision of living space, the legislator understands the minimum size of the living space, on the basis of which the size of the total living space provided under a social tenancy agreement is determined. In other words, the norm of provision is understood as the norm of living space per person, in accordance with which the area of living space provided under a social tenancy agreement is determined.

The housing legislation applied before the Code was enacted operated in two categories related to the rationing of living space. Yes, Art. 38 of the 1983 Housing Code used the concept of “living space norm” to designate the maximum size of residential premises provided under a rental agreement (this norm in recent years was 12 sq. m of living space), except for cases provided for by law. At the same time, the minimum size of living space provided under a rental agreement was not established by the 1983 Housing Code, but in the manner determined by the Government of the Russian Federation.

The Fundamentals introduced another concept - the “social norm of housing area”, which denoted the size of housing area per person, within which compensation (subsidies) were provided for the payment of housing and utilities (Article 1). At the same time, it was stipulated that the social norm for housing area is equivalent to the minimum size for the provision of residential premises, which was established by the state authorities of the constituent entities of the Russian Federation (Article 11).

The new Code abandoned these concepts and distinguishes between the provision norm and the accounting norm for the area of residential premises, depending on the intended purpose of these standards.

It is easy to notice that the content of the concept of “provision rate” established in Part 1 of Art. 50 of the Code, generally corresponds to the content of the concept of “social norm of housing area”, previously provided for by the Fundamentals.

2. Local government bodies are authorized to establish the norm of provision. At the same time, they must take into account the level of provision of residential premises provided under a social tenancy agreement in the relevant territory, and other factors. Thus, municipal bodies have been granted broad powers in this area, which also implies the transfer of responsibility for decisions made to the lower levels of the “management vertical”.

It is interesting to note that according to the draft Code, which passed the first reading in the State Duma, it was intended to establish directly in the Code the minimum size of the provision norm - at least 15 sq.m. of the total living area per person. However, as is easy to see, when adopting the final version of the Code, the legislator abandoned this provision, probably taking into account the problematic nature of its implementation in all regions of Russia. This is a pity, since such a standard could really stimulate the improvement of the living conditions of many of our fellow citizens.

3. When providing certain categories of citizens who are not recognized as low-income, but have the right to receive housing under social rental agreements, as provided for in Part 3 of Art. 49 of the Code, residential premises under social tenancy agreements may be subject to different provision standards compared to the standards established for a given area by the relevant municipal authority. Such other rules of provision can be introduced only by federal laws and laws of the constituent entities of the Russian Federation. A literal interpretation of the provisions of Part 3 of the commented article allows us to assert that these other norms of provision cannot be established by executive authorities at both the federal and regional levels. It should be considered even more impossible for local governments to establish for certain categories of citizens special standards for the provision of living space that differ from the general standards adopted for the corresponding localities.

It is necessary to pay attention to the fact that the new Code does not directly provide for the right to additional living space. Let us recall that before Art. 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 square meters. m. At the same time, for citizens suffering from severe forms of certain chronic diseases, as well as for citizens who need this space due to the conditions and nature of the work performed, the size of the additional space could be increased.

Instead of these rules in Part 3 of Art. 50 of the Code provides that federal laws and laws of constituent entities of the Russian Federation establishing the procedure for providing residential premises under social tenancy agreements to other categories of citizens (i.e. citizens in need of residential premises, but not recognized as low-income in the prescribed manner - see Art. 49 of the Code), other standards for the provision of residential premises may be established. The word “other” in this case means that the norms introduced for certain categories of citizens by these laws may differ from the norms for the provision of living space established for a given area by the relevant local government bodies.

One of the federal laws referred to in Part 3 of Art. 50 of the Code, is, for example, the Federal Law of November 24, 1995 “On the social protection of disabled people in the Russian Federation”, in accordance with which the Government of the Russian Federation of December 21, 2004 N 817 approved a new List of diseases giving disabled people suffering from them the right to additional living area.

4. The concept of the accounting standard for the area of residential premises, established in Part 4 of the commented article, assumes that this standard is used exclusively for the purpose of registering citizens as those in need of residential premises. The accounting norm is understood as the minimum size of the living space of a residential 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.

Consequently, on the basis of the accounting norm, citizens are recognized as needing the provision of residential premises under social tenancy agreements.

As in the case of determining the provision norm (see Part 2 of Article 50 of the Code), the Code referred the establishment of a specific amount of the accounting norm to the competence of local government bodies. In this case, the maximum amount of the accounting norm may coincide with the amount of the provision norm established for the corresponding locality, or be less than the specified amount.