In order to provide citizens in need of housing and their families, in accordance with housing legislation, specialized housing stock.

service apartment provided by state or local authorities to persons performing labor functions in these structures. Citizen and his family should not have their own living quarters in the region where he is to work.

The Housing Code of the Russian Federation provides for an employee to have a service apartment, which is provided for employment contract for the duration of the employee's employment relationship. On such a living space is provided.

The law protects certain categories of citizens and prohibits them without providing them with alternative housing.

Forced eviction of persons who do not want to voluntary leave office space. It is important to follow the order prescribed by law.

Despite prohibition of privatization office accommodation, there are legal ways.

Service apartment as a dwelling of a specialized housing stock

Citizens in need of housing shall be provided by the state or municipality with residential premises provided for such purposes. The Housing Code of the Russian Federation (LC RF) refers to such housing (Article 92):

1. hostels;
2. housing maneuverable fund;
3. residential premises intended for temporary resettlement of citizens;
4. for social protection of the population;
5. service housing;
6. residential premises intended for social services for citizens;
7. premises for orphans or children left without parental care, etc.

service apartment is a dwelling that is provided to a citizen in connection with the performance by him of certain labor relations.

The list of persons entitled to official housing is determined by separate legislation (depending on the area of ​​activity of the person).

As a rule, such accommodation is provided to those who must be inseparably present in the immediate vicinity of the workplace. Another condition is the absence of one's own in this locality.

Service housing can be:

• apartments;
• hostels;
• private houses.

However, in order for an apartment to be provided to a citizen and his family as a service apartment, it must be included in a specialized housing stock. as a service dwelling. This provision is adopted by the decision of the authorities state power or local self-government - depending on who owns the living space.

Provision of service housing

In accordance with Art. 93 of the Housing Code of the Russian Federation, service housing is supposed to be provided only to those citizens who are in labor relations With:

1. public authorities;
2. local authorities;
3. state or municipal enterprises.

Also, such housing is provided for persons appointed to public positions of the Russian Federation or a constituent entity of the Russian Federation, or elected to elective positions.

Accordingly, the apartment is provided by office space rental agreement for the duration of the employment contract or contract. Termination of employment entails the termination of the contract of employment.

So, a service apartment will be given to citizens occupying positions:

• Deputy. At the same time, one can be a deputy at any level (state, subject or local).
• Serviceman.
• Employees law enforcement(police officers, investigators, etc.) who are sent to serve in another city or town.
• Firefighter in the Ministry of Emergency Situations.
• Teacher and doctor. This applies to those who wish to go to work in the countryside.
• civil servant. For example, judges, officials, employees of ministries and departments, etc.

Currently, the provision of corporate housing is practiced and private organizations - employers .

The procedure for obtaining office accommodation

Service housing is allocated according to decision the owner of the premises, namely the authorities of the subject or municipality. The decision is made in the form orders or orders organ.

After a decision is made between the person authorized to carry out such actions and the citizen who is provided with living space for use, a lease agreement for office space. This procedure is regulated by the regulations of the relevant authority.

Such premises are subject to transfer by act of acceptance And technical condition report. These documents spell out all the shortcomings of the provided housing, so you should carefully consider the content of these documents. This is also related to the fact that reverse order room transfer is the same. Therefore, if malfunctions are noticed, they must be eliminated at your own expense.

The conclusion of a lease agreement entails for both parties rights and obligations associated with the use of the premises. The main responsibilities of an employer are room use fee and payment utilities. In addition, the citizen is obliged at his own expense make current repairs. paid by the owner of the premises.

Service housing should not be used by citizens for profit, namely, you can not rent them, sell, change, etc.

This ban is due to the fact that housing does not belong to a person on the right of ownership and he cannot dispose of it at his own discretion.

The contract must specify all family members citizen who will live with him. As the number of family members increases, this list should be updated.

What documents are needed to apply for office accommodation?

When submitting an application for the provision of service housing and for its consideration, it is necessary to attach a number of documents. These primarily include:

1. passport;
2. work book as confirmation of employment in this organization and in the corresponding position;
3. a document that indicates the lack of housing in the property (or other);
4. certificate of conclusion (or dissolution) of marriage;
5. information about the composition of the employee's family;
6. employment contract or contract - it specifies the period during which the employment relationship will last;
7. petition or application from the employer.

All documents are attached in copies, which must be assured with a notary or employer.

The specified list of documents for obtaining a service apartment is not exhaustive. It can be replenished depending on the situation and conditions for providing housing.

Application for the provision of office space

To receive official housing for use, you must write statement in the name of the head of the authority. It indicates the number of people who will live with the employer. If there are children, their age is indicated.

Also, this document indicates all residential premises available to the employee on the right of ownership, if any.

The citizen hereby gives agreement for the processing of personal data. He also subscribes to what he provides reliable data about yourself and your family members.

In the event of a change in the information provided, the citizen undertakes to report it.

On the example of the provision of service housing to military personnel sample application as follows:

Is it possible to register in a service apartment

As a rule, a citizen and members of his family are temporarily registered in official housing. This can only be done with the permission of the owner. will be valid for a specified period. Usually, registration in service housing is valid for the period for which the contract of employment is concluded.

Registration at the place of residence in a service apartment does not give the right to register ownership of it.

The main reason for eviction from such housing is the termination of labor relations with the organization that provided the service housing. In the event of a divorce, the second spouse loses the right to live in this apartment and is subject to deregistration and eviction.

Eviction from corporate housing

Eviction from the service housing is possible voluntarily and involuntarily. WITH voluntarily everything is quite simple. At the end of the contract or fixed-term employment contract, the employee (employee) is obliged to vacate the premises occupied by him.

In the event that a citizen does not wish to voluntarily move out of a service apartment, then this can be done in compulsory order, namely by the decision of the court.

There are several grounds for forced eviction:

• arrears in payment of utility bills;
• damage to housing;
• the rights of third parties are violated;
• the property is used for commercial purposes;
• other.

The eviction process takes quite a long period of time. Before applying for a forced eviction in court, the owner must take steps to peaceful resolution of the situation.

The owner of the premises must send the tenant notification with a request to leave the house. The notice must offer a specific period after which it is possible to apply to the courts. It is 5 days.

If the tenant has not taken action to evict the property, the owner has the right to file a lawsuit in court. After the decision is made in favor of the owner of the residential premises and it comes into force, you need to contact bailiff service. The bailiff will then enforce the judgment.

Who can't be evicted from their housing?

There are categories of citizens who cannot be evicted from service housing without providing them with an alternative, that is, in exchange for another housing unit. To such persons, in accordance with Art. 103 LCD RF include:

1. family members of military personnel, internal affairs officers and other employees government agencies who died or went missing in the line of duty;
2. pensioners who have worked in the organization until old age;
3. family members of the deceased employee;
4. disabled persons of groups 1 or 2 who became disabled through the fault of the employer, who received occupational diseases, were injured while performing their duty, and others;
5. orphans and children left without parental care;
6. citizens left with young children.

In order for such citizens not to be evicted, they should not have their own housing, as well as housing provided to them under a social contract of employment.

Renting an apartment upon eviction

When evicting from a service apartment, it is necessary to properly pass owner. The fact that the housing is accepted by the owner and handed over by the tenant is signed by the act of acceptance and transfer of the residential premises.

An authorized representative of the owner must make a full inspection of the service apartment and fix the existing shortcomings (if any). In this case, the employee has the right to disagree and indicate his comments on the act.

The apartment must be in a condition no worse than it was transferred to the tenant. In this case, its normal wear and tear must be taken into account.

If a forced eviction is carried out, then a act of eviction. It must be drawn up in the presence of two witnesses.

Do I need to make repairs before renting a service apartment

Usually, the tenant's obligations are specified in the contract of employment. duty to do redecorating included in the main list. The frequency of its holding is also directly reflected in the contract.

If housing provided with renovation and this fact is described in the contract of employment and the act of acceptance and transfer, then upon delivery, repairs must be made. Otherwise, the tenant will be charged the amount for cosmetic repairs of the premises, calculated at the market price.

In the event that, in accordance with the terms of the contract for the rental of official housing, the deadline for making repairs has not yet come, then the tenant has the right refuse do it when you check out.

Can corporate housing be transferred to ownership?

It must be pointed out that the norms of the LC RF do not provide for such a procedure as. And Art. 4 Law of 04.07.1991 No. 1541-1 "On the privatization of the housing stock in Russian Federation» establishes ban to transfer office premises to the property of citizens.

Such premises can be privatized only after they are transferred to municipal property(if the owner is different). After that, there must be the consent of the owner of the housing for the implementation of privatization by another person.

Further, service housing is no longer considered service housing. Therefore, it can be transferred to the use of citizens by. When these activities are carried out, privatization is possible in accordance with housing legislation.

So, the tenant of service housing needs to apply to the management of the enterprise that owns the premises, with a request to transfer it to ownership. The application is considered within a month. Further, a positive or negative decision is made on this issue.

If a positive decision is made, then it will be necessary to agree on the transfer of the apartment to municipal ownership and the removal of the official status from it. Only after resolving these nuances, you can proceed to the standard privatization procedure.

There is an option when you can buy service housing. You need to work in an organization and live in this apartment at least 10 years old. In addition, there should be official recognition of those in need of housing.

Conclusion

An important feature of the provision of service housing is that a person does not need housing as such. He has the right to it in connection with the performance of certain labor duties in state or municipal authorities.

This suggests that housing is provided temporarily and for a certain period. After the expiration of the term, I have the right to evict tenants even if they have nowhere to live.

Despite the ban on the privatization of corporate housing, it is possible to bypass it. To register the ownership of office housing, you need to change its status. This can be done only with the consent of the owner of municipal (state) housing.

Question

Office housing regulations

Are there norms for the area when providing service housing?

Answer

Yes, there are. There must be at least 6 square meters per person. m of living space. If there are children of different sexes over the age of 9 in the family, then they must live in separate rooms. Therefore, a family with two children of different sex is supposed to three bedroom apartment. But in practice, these norms are often not observed, since there are a lot of people who need a service apartment.

Thus, the basic law on privatization contains provisions prohibiting the privatization of such premises. This law leaves the right to make decisions on granting the right to privatize a service dwelling to the owner. It is important to define the concepts and understand which dwellings are classified as service dwellings and, as a result, cannot be privatized. Supreme Court gave an explanation on this matter. Government Decree No. 1301 of 1997 states that dormitories, shelters, hotels, office and other premises that are suitable for people to live in should be registered with the state. Given the above, after a decision is made to include a certain premises in the service category, it must be registered as such with the state registration authorities.

• loses the right to use the service apartment;
• deregistered;
• must leave the premises that do not belong to him.

Attention

He will not be able to participate in privatization, even if he has lived in this apartment for more than 10 years. Children, on the other hand, cannot be former relatives, therefore, within six months after discharge, they can be participants in the privatization of the parent's apartment.

Procedure Privatization of official housing is possible both in court and in pre-trial order. This will require:

• remove this apartment from the number of service ones;
• transfer to the municipality.

This is done in agreement with:

• the head of the enterprise to which the housing belongs;
• head of the municipality.

The tenant of the office space has the right to apply to the employer for the provision of housing in the property.

Who is eligible? The right to receive ownership of office premises, if such a decision is made by their owner, are citizens who occupy them under a lease agreement and are duly registered. That is, the subjects of privatization of service housing are practically the same as those of municipal housing.
The difference is that the owner and tenants, in addition to relations under a housing contract, are also connected by labor or service relations. Privatization of service housing after March 1, 2018 Since the period of free privatization was once again extended, now it is expected to end on March 1, 2017.
Consequently, the privatization of service housing after March 1, 2018 takes place under the same conditions as before. That is, their privatization is possible only by the decision of the owner to provide such an opportunity.

service apartment

Info

This rule does not apply to:

• housing stock of state farms;
• related agricultural enterprises.

That is, rural residents have the right to demand that they be given ownership of the housing they occupy, both transferred to municipal ownership and managed by enterprises. The law allows it. Municipal If the service housing, previously owned by enterprises or organizations, was transferred to the balance of the municipality, then it lost its status.

Consequently, such apartments are considered transferred to their tenants under a social tenancy agreement, and there are no obstacles to their privatization. The norms of the Housing Code of the Russian Federation and the law on privatization are applicable to the rental of such housing.

Servicemen For servicemen, the decision on the issue of privatization of service housing is connected with the status of the military camp where it is located.

• How can a soldier apply for a housing waiver?
• service apartment
• Is it possible for a soldier to refuse service housing?
• Rejection of offered service housing
• Can I opt out of the service housing and continue to receive sub-rental?
• Forum of Legal Mutual Assistance for Military Personnel
• Features of the privatization of service housing

How can a serviceman formalize the refusal of housing under Law No. 76-FZ, the norm for providing the area of ​​\u200b\u200bliving premises provided in accordance with this Federal Law to the property free of charge or under a social contract is 18 square meters of the total area of ​​\u200b\u200bliving premises per person. In accordance with par.

Is it possible to privatize corporate housing and how

The defendant substantiated his refusal by the fact that the plaintiff was settled in office premises, which, according to the norms of the law, cannot be privatized. The applicant also claimed that the apartment was provided to him under a social lease contract and he did not know anything about the fact that it had the status of a service apartment.

The case file contains information that this apartment was registered to an Open Joint Stock Company, about which an entry was made in the Unified State Register of Real Estate Rights. The court ruled in favor of the plaintiff, justifying this by the fact that the certificate of state registration of the apartment confirms that it does not belong to either state or municipal property.

Ownership rights to it belong to OJSC, in connection with which the applicant cannot privatize it in accordance with the norms of the law on privatization.

How is corporate housing privatized?

Refusal of the proposed service housing If it is closed, then:

• privatization is impossible due to the special status of such entities;
• housing will have to leave after the end of the service or transfer to another duty station.

In all other cases, the Ministry of Defense as the owner, as well as the structures created by it that own the premises on the basis of the right of operational management or economic management has the right to decide on:

• withdrawal of apartments from the specialized fund;
• transferring them to military personnel.

Former family members The right to privatize corporate housing belongs to the employee himself or the employee to whom it was granted.
The premises that are allocated to the employee for the period of fulfillment of his labor obligations are called office premises. It is not the municipality that owns such a dwelling, but a specific organization.

According to the norms of the law, service housing cannot be privatized. This can be done only if its status is changed and it is put on the balance sheet of local government bodies.

Despite the fact that the privatization deadline has been extended, there is not much time left to transfer it to your property. Given the problematic nature of the privatization of service apartments and the unwillingness of the owners to part with them, the people who live in such housing are in a difficult position.
In order to carry out the procedure for privatization of service housing, a person must apply with a corresponding request to the owner of the apartment.

Refused official housing could apply again and how to do it

Based on the results of consideration by the authority, a decision is made about the possibility of privatization.

• If a citizen was refused privatization due to the fact that he submitted an incomplete package of documents or some inaccuracy was found in them, he has the right to eliminate all problematic points before March 1, 2018 and reapply with an application.
• If a person has received the go-ahead for privatization, he concludes an agreement with the local administration, which is then registered with Rosreestr.
Peculiarities of the privatization of service housing When privatizing service housing, some features of the process should be taken into account.

Important

This application is considered and a decision is made on it. If it is positive, then further coordination with the municipal authorities of the transfer of service housing to their balance sheet and the removal of such status from it will be necessary.

After completion of all formal procedures, the apartment can be privatized. Appeal to the Court It is also possible to seek the privatization of your service apartment through the court.

But success can only be achieved if the housing has not been properly designed as a service. If there was no transfer from specialized housing, and registration did not take place in Rosreestr, then the court will most likely make a positive decision.
It is also possible to achieve privatization in the case when the owner of the apartment agrees to transfer it to the city for further privatization, but the municipality is in no hurry to make a decision on this matter.
According to Decree of the Government of the Russian Federation of December 31, 2004 No. 909 “On the procedure for paying monetary compensation for the hiring (sub-renting) of residential premises to military personnel - citizens of the Russian Federation, passing military service under the contract, citizens of the Russian Federation, discharged from military service, and members of their families "monetary compensation for the hiring (sub-renting) of residential premises is paid to military personnel of the Russian Federation who are doing military service under the contract and members of their families who are not provided with residential premises suitable for permanent or temporary residence, at the place of their military service at the expense of the Ministry of Defense of the Russian Federation in the amount stipulated by the contract for the hiring (sublease) of housing, but not more than the amount determined by the Government of the Russian Federation.
The ban, which is established on the privatization of such housing, has some conditions for its application. They are developed on the basis of law enforcement practice.

The decisions of the Supreme Court of Russia stipulate that the restriction of the rights of persons to privatize official housing must be justified by legislative norms. The courts have the opportunity to decide whether the restriction of human rights to privatization was justified.

Judicial practice The Constitutional Court, in its decision of April 18, 2006 No. 119-0, determined that the right to participate in privatization should be ensured by the possibility of observing certain guarantees of a person during the transfer of ownership of open joint-stock companies property. Among such guarantees is the right to housing, which is enshrined in the Constitution, allowing individuals to privatize it.

Hello! I am a serviceman, I have been studying in residency at the Military Medical Academy since 2012, and I graduate in June 2015. After 2.5 years I received service housing, the footage fully complies with the standards, but the area of ​​​​the city does not suit me, and there is also no furniture and Appliances. Can I refuse housing, what are the consequences and if I refuse, will I continue to receive compensation for subletting an apartment?

Alexander, St. Petersburg

Lawyer: Sergey Gritsko

now online

If you refuse official housing, no one else will give you another official housing, and this will not entail any other legal consequences. They will pay compensation for renting an apartment, because in fact you will not be provided with housing at the place of service. Despite the fact that it’s easier to rent an apartment in St. Petersburg, since the compensation is quite large, it’s probably better to think about getting an office, because someday this “freebie” will be removed, but the office will remain, and buy furniture with appliances over time.

Lawyer: Miguel Kayumov

offline now

If you refuse housing, you will no longer receive cash, because You will have no reason to receive them, but if you continue to receive funds of 15,000 r. monthly for an imaginary social rental of housing and not to live where you indicate in the office of the military unit and this, but to live somewhere for free, then this is Art. 159 of the Criminal Code of the Russian Federation fraud. The first good check of the special officer with the military prosecutor's office will reveal this, but such a practice exists, so decide for yourself or write to the chat if I misunderstood you.

How to obtain service housing, taking into account all members of the family of a serviceman?

Good afternoon. My husband has been serving in the Black Sea Fleet for 16 years. We have applied for official housing. He received an answer, but I am not with my children. Paragraph 2 of Article 99 of the Housing Code of the R.F.T. , a disabled person of the 2nd group in an apartment of 54 sq.m. will not be allowed due to the fact that I and my children are registered with my mother? What do you advise us ????

tatiana, Naryan-Mar

Loss of sublease in case of refusal of official housing: how not to lose?

Lawyer: Gennady Kuraev

now online

Hello Tatiana.

In my judicial practice the court did not take into account my argument that the plaintiffs live separately by registration and upheld the court decision, which declared the refusal to provide a service apartment to a serviceman unlawful.

If all family members of a serviceman are recorded in the personal file and all of you were registered, then you can appeal the refusal in court. Or they refused to register you?

Refusal is better to appeal within 3 months from the date of receipt of the document.

The situation is debatable, on the basis of Article 31 of the Housing Code of the Russian Federation, I also used to believe that the family in matters of housing includes those who live (registered) together.

It is possible, in my opinion, to refuse official housing without any consequences, you can point out the right to appeal against this decision.

On the issue of providing permanent housing, I think your housing rights with your mother will be taken into account.

On the issue of changing registration, do not rush, better write in more detail on what right do you live with your mother?

Sincerely! G.A. Kuraev

Refusal of a service apartment by military personnel

I, an officer, refuse the official apartment offered to me, because in this moment I am on a long business trip 80 km away and I rent a house, I pay for it from a sub-rent. If I refuse a service apartment, they can deprive me of the sub-rental payment.

Vladimir, Voronezh

Loss of sublease in case of refusal of official housing: how not to lose?

Lawyer: Gennady Kuraev

now online

Hello Vladimir.

Yes, in case of refusal, you will be deprived of payments for subrent.

Order of the Minister of Defense of the Russian Federation of September 30, 2010 N 1280
(as amended on 03/21/2013)
"On the provision of residential premises to servicemen of the Armed Forces of the Russian Federation under a social contract of employment and office premises"
(together with the "Instruction on the provision of military personnel - citizens of the Russian Federation who are serving under a contract in the Armed Forces of the Russian Federation with living quarters under a social contract", "Instruction on the provision of military personnel - citizens of the Russian Federation who are doing military service under a contract in the Armed Forces Russian Federation, service residential premises")

Appendix No. 2

INSTRUCTIONS
ON THE PROVISION OF THE MILITARY SERVICE - CITIZENS OF THE RUSSIAN
OF THE FEDERATION IN MILITARY SERVICE UNDER CONTRACT
IN THE ARMED FORCES OF THE RUSSIAN FEDERATION,
OFFICE RESIDENTIAL PREMISES

If the serviceman disagrees with the housing provided, he, within five days from the date of receipt of the message on the proposed housing, sends to the structural unit of the authorized body a refusal to provide service housing, drawn up in spine No. 2 to the message on the proposed housing, according to the recommended sample in accordance with Appendix N 4 to this Instruction.

In case of failure to receive from the military personnel to whom notifications about the provision of residential premises have been sent, consent to the provision of residential premises within ten days from the date of receipt by the structural unit of the authorized body of the notification of delivery of the message, the specified service residential premises are provided to other military personnel included in the list for the provision of service residential premises. premises.

The provision of official living quarters to the military personnel specified in the fifth and sixth paragraphs of this clause is carried out in the manner determined by this Instruction.

Question:

Hello! I am an ensign. I am 48 years old. The length of service is 13 years. I do not own housing, I am registered with the unit. I live in my brother's apartment. The Housing Commission recognized me as needing housing under a social lease agreement, Ryazan chose Ryazan as a place to live.

They cannot provide social housing here, since it is not available in this city (they say - "wait"). I was offered to write a report on the service housing, I wrote. Haven't moved into office space yet. The contract expires in 2 weeks. They want to fire me with the provision of corporate housing, so that at the same time I continue to wait for social housing in Kaluga. Due to the fact that, having received official housing, I can wait and not wait for socially hired housing (like "provided with housing"), questions arose. Can I submit another report now on the refusal of official housing (if so, how to do this and what to refer to)? Are they obligated to grant my request? Can I be fired without permanent housing if I refuse to work?

Vladimir, Yasny

Answer:

Vladimir, hello. In accordance with paragraph 5 of the "Instruction on the provision of military personnel - citizens of the Russian Federation, serving under a contract in the Armed Forces of the Russian Federation, with office accommodation", approved by Order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280 (as amended on March 21, 2013) " On the provision of living quarters to servicemen of the Armed Forces of the Russian Federation under a social tenancy agreement and service living quarters", if the serviceman disagrees with the living quarters provided, he, within five days from the date of receipt of the message about the proposed living quarters, sends to the structural subdivision of the authorized body a refusal to provide official living quarters, drawn up in spine No. 2 to the message about the proposed living quarters, according to the recommended sample in accordance with Appendix No. 4 to these Instructions.

In case of failure to receive from the servicemen to whom notifications about the provision of residential premises have been sent, consent to the provision of residential premises within ten days from the date of receipt by the structural unit of the authorized body of the notification of delivery of the message, these service premises are provided to other military personnel included in the list for provision office living quarters.

According to paragraph 1 of Art. 23 of the Federal Law of 05/27/1998 No. 76-FZ (as amended on 02/03/2014, as amended on 06/04/2014) "On the status of military personnel", military personnel are citizens whose total duration of military service is 10 years or more, who need improvement of housing conditions in accordance with the standards established by federal laws and other regulatory legal acts of the Russian Federation, without their consent, they cannot be dismissed from military service upon reaching the age limit for military service, health status or in connection with organizational and staffing activities without providing them with housing premises or housing subsidies. If the said servicemen wish to receive living quarters not at the place of dismissal from military service, they are provided with living quarters at the chosen place of permanent residence in the manner provided for in paragraph 14 of Art. 15 of this Federal Law.

Vladimir, you have the right to refuse to provide office accommodation. This refusal will not serve as a basis for dismissing you from military service.

Alexander Tomenko, military lawyer

Thus, based on the analysis of the above norms, the provision of smaller service residential premises, residential premises of a maneuverable fund or residential premises in a hostel is temporary (until the receipt of residential premises in accordance with the standards established by Article 15.1 of Law No. 76-FZ) and is carried out only with soldier's consent. In the absence of the said living quarters, the military units shall rent the living quarters to provide for the servicemen or, at their request, pay them monthly monetary compensation for the rent (sublease) of the living quarters in the manner and in the amount determined by the Government of the Russian Federation.

How can a soldier apply for a housing waiver?

In case of failure to receive from the servicemen to whom notifications about the provision of residential premises have been sent, consent to the provision of residential premises within ten days from the date of receipt by the structural unit of the authorized body of the notification of delivery of the message, these service premises are provided to other military personnel included in the list for provision office living quarters. The provision of official living quarters to the military personnel specified in the fifth and sixth paragraphs of this clause is carried out in the manner determined by this Instruction.

Attention

Anton, the basis for refusing to provide office accommodation is the availability of housing in the relevant locality. There are no restrictions on the number of refusals to provide office accommodation.

Is it possible for a soldier to refuse service housing?

Russian Federation. In accordance with paragraph 3 of the "Instruction on the provision of military servicemen - citizens of the Russian Federation, serving under a contract in the Armed Forces of the Russian Federation, service living quarters", approved by Order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280 "On the provision of servicemen of the Armed Forces of the Russian Federation Federation of residential premises under a social tenancy agreement and service residential premises "(hereinafter referred to as the Instruction, Order No. 1280), service residential premises are provided to military personnel and members of their families not lower than the norms for providing residential premises area when providing residential premises under a social contract of employment established by Article 15.1 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel”. According to Part 1 of Art.

Reasoned refusal to receive housing for servicemen in the armed forces

In this material, we will talk about why it is not always profitable to receive housing from the state, and how to properly issue a corresponding refusal. Introduction to the topic The first part of the Federal Law No. 76 of May 27, 1998 guarantees that every serviceman of the Russian Federation must be provided with housing or monetary compensation for hiring, while the living space provided by the state must meet the requirements prescribed in another article of the legislative act - article 15.1.
According to its text, a serviceman must be provided with housing with an area of ​​at least 18 m², at the same time, exactly the same area relies on each member of the military family with whom he lives together. The same article talks about the procedure for actions in cases where the state cannot provide a serviceman with housing that is due to him.

Forum of Legal Mutual Assistance for Military Personnel

The application form can be free, but it is recommended to use form No. 4, attached to the special instruction of the Ministry of Defense of the Russian Federation. According to her, the message should indicate the following:

• The current date;
• the text “I refuse to provide the accommodation indicated in this message”;
• below it is recommended to indicate the reasons for refusal;
• signature and its transcript.

If within 10 days the serviceman has not sent a refusal or consent to the housing provided to the appropriate subdivision of the authorized body, the living space will be provided to other citizens who are in line for receiving a service apartment, while the serviceman himself will subsequently lose the right to claim housing.

Refusal of the provided service apartment for a soldier.

Question: Hello! Could you tell me the list of grounds for removal from the queue for service housing? And how many times can I legally refuse an offer of corporate housing? I am a contract serviceman. The first time I was assigned a one-room apartment for two people from the mobile fund, I refused it due to the fact that we are expecting the birth of a child soon and therefore we can apply for a two-room apartment.
I provided a certificate from the clinic stating that my wife is registered at the 35th week of pregnancy. Now I have received a second notification that they have again distributed a one-room apartment, but my wife has not yet given birth, we are waiting for one of these days.

Anton, 26 years old, Stavropol Answer: Anton, hello. In accordance with Part 2 of Art. 99 of the "Housing Code of the Russian Federation" dated December 29, 2004 No. 188-FZ (as amended