Thus, based on the analysis of the above norms, the provision of smaller office residential premises, residential premises of a mobile fund or residential premises in a dormitory is of a temporary nature (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 consent of the serviceman. In the absence of the specified residential premises, military units rent residential premises to provide for military personnel or, at their request, pay them monthly monetary compensation for renting (subletting) residential premises in the manner and amount determined by the Government of the Russian Federation.

How can a military personnel refuse housing?

If the military personnel to whom messages about the provision of residential premises are sent do not agree to the provision of residential premises within ten days from the date of receipt of the notice of delivery of the message to the structural unit of the authorized body, the specified service residential premises are provided to other military personnel included in the list for the provision service residential premises. The provision of service living quarters to military personnel specified in paragraphs five and six of this paragraph is carried out in the manner prescribed by this Instruction.

Attention

Anton, the basis for refusal to provide official residential premises is the availability of housing in the relevant locality. There are no restrictions on the number of refusals to provide official residential premises.

Does a military serviceman have the right to refuse official housing?

Russian Federation. In accordance with paragraph 3 of the “Instructions on the provision of service living quarters to military personnel - citizens of the Russian Federation serving under 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 military personnel of the Armed Forces of the Russian Federation Federation of residential premises under a social tenancy agreement and official residential premises" (hereinafter referred to as Instructions, Order No. 1280), official residential premises are provided to military personnel and members of their families not lower than the standards for the provision of residential premises when providing residential premises under a social tenancy agreement, 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 obtain housing for military personnel in Roujo

In this material we will talk about why it is not always profitable to receive housing from the state, and how to correctly formalize the corresponding refusal. Introduction to the topic The first part of 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 rent, while the living space provided by the state must meet the requirements specified 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 is allocated to each member of the military family with whom he lives together. The same article talks about the procedure for action in cases where the state cannot provide a serviceman with the housing he is entitled to.

Forum for mutual legal assistance of military personnel

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

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

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

Refusal of a service apartment provided for a military serviceman.

Question: Hello! Can you please provide a list of reasons for being removed from the queue for official housing? And how many times can I refuse the proposed official housing on legal grounds? I am a contract serviceman. The first time I was allocated a one-room apartment for two people from the flexible fund, I refused it due to the fact that we are soon expecting the birth of a child and therefore can apply for a two-room apartment.
I provided a certificate from the clinic stating that my wife was registered at 35 weeks of pregnancy. Now I have received a second notification that they have again allocated a one-room apartment, but my wife has not given birth yet, we are waiting the other day.

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 (ed.

Good evening!

The provision of housing to military personnel is regulated by Order of the Minister of Defense of the Russian Federation dated September 30, 2010 N 1280 (as amended on March 21, 2013) “On the provision of residential premises to military personnel of the Armed Forces of the Russian Federation under a social tenancy agreement and official residential premises” (together with the “Instructions on the provision of military personnel - citizens of the Russian Federation performing military service under a contract in the Armed Forces of the Russian Federation, residential premises under a social tenancy agreement", "Instructions on the provision of service residential premises to military personnel - citizens of the Russian Federation, performing military service under a contract in the Armed Forces of the Russian Federation" ( Registered with the Ministry of Justice of Russia on October 27, 2010 N 18841).

According to this document, housing is distributed in order of priority to those in need of improved living conditions.

11. Residential premises provided under a social tenancy agreement (hereinafter referred to as residential premises) are distributed by the authorized body military personnel registered as needing housing, in order of priority, which is determined by the date of registration of military personnel in need of residential premises; if the specified dates coincide, the priority is determined taking into account the total duration of military service on the date of registration of those in need of residential premises.

12. No later than ten working days from the date of receipt by the authorized body of information about residential premises that can be distributed, the authorized body delivers, against receipt or in another way indicating the fact and date of its receipt, notices to military personnel registered as needing residential premises on the distribution of residential premises according to the recommended model (Appendix No. 6 to this Instruction).

13. Military personnel registered as needing residential premises, after receiving the notifications specified in paragraph 12 of this Instruction, upon their agreement with the provision of allocated residential premises within five days from the date of receipt of the notice, consent to the provision of distributed residential premises is sent to the authorized body, drawn up in box No. 1 for the notice of distribution of residential premises according to the recommended model in accordance with Appendix No. 6 to this Instruction and within thirty days from the date of receipt of the notice, send the information specified in subparagraph “i” of paragraph 1 of this Instruction as of the date of issue of the notice, as well as copies of documents proving the identity of military personnel and members of their families living with them (passports with information on registration at the place of residence, birth certificates of persons who do not have passports). If military personnel and members of their families changed their place of residence within five years before the date of issue of the notice, extracts from house books and copies of financial personal accounts from these places of residence are provided to the authorized body.

14. Residential premises are provided in accordance with the standards established by Article 15.1 of Federal Law No. 76-FZ of May 27, 1998 “On the status of military personnel”. The size of the provided total area of ​​​​living premises is reduced by the amount of the total area of ​​residential premises belonging to military personnel and (or) members their families on the right of ownership.

I do not see any restrictions on distance from the place of service either in this document or in any other. It appears that the justification for the refusal was far-fetched.

• 1 Introduction to the topic
• 2 How to correctly issue a refusal
• 3 When it may be beneficial to refuse official housing
• 4 Registration procedure
• 5 Important points

Need legal advice? We will give expert advice in a difficult situation Introduction to the topic The first part of Federal Law No. 76 dated May 27, 1998 guarantees that every serviceman of the Russian Federation must be provided with housing or monetary compensation for rent, while the living space provided by the state must meet the requirements specified 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 is allocated to each member of the military family with whom he lives together.

Refusal of a dormitory room for military personnel

Dormitory: 4 floors, 1 bathroom, shower in the basement + a certain contingent. Question: how can I motivate my refusal in order to once again have the right to apply for consideration of my question by the commission? Is the reason for refusing such housing the child’s illness (two children have enuresis, one has hydrocephalic syndrome - we are registered with a neurologist for both of them). Or is it possible to indicate some other reason? The administration has such a fund. Reason for providing housing: there is currently no suitable apartment in the fund. I am not standing in any queue. This is service housing. During work.

Does a military serviceman have the right to refuse official housing?

Apartments in unsafe and dilapidated buildings are also a sufficient reason to think about refusal. If the housing offered is less than what you are entitled to by law, it is also beneficial in many cases to refuse to receive it in favor of the compensation paid. There are often situations when a serviceman rents an apartment using sub-rental money paid to him, while the apartment offered may be much smaller or geographically located in an inconvenient location.

Info

In such cases, it is also beneficial for the serviceman to refuse to receive it. In addition, often the form of security in the form of payment of monetary compensation is made in an amount exceeding the cost of renting housing. Thus, the serviceman gets the opportunity to accumulate finances or use them for his needs.

In such cases, many may find it more beneficial to keep the hire compensation.

Let's rent. refusal of official housing in favor of subletting.

Attention

However, it is worth recalling once again that the refusal must be motivated, so you need to provide some, albeit formal, but still compelling reason. Registration procedure The refusal must be completed within 5 days after the serviceman was informed about the proposed living space. Within this period, it is necessary to send a personal written refusal to the appropriate unit of the authorized body.

It is drawn up on form No. 2, which is always attached to the message about the proposed living space. The application form can be free, but it is recommended to use Form No. 4, attached to the special instructions of the Ministry of Defense of the Russian Federation.

How can a military personnel refuse housing?

Provisions on the payment of monetary compensation for the rental (sublease) of residential premises to military personnel - citizens of the Russian Federation, performing military service under a contract, and members of their families, approved by Resolution No. 909, monetary compensation is paid to military personnel in the event of impossibility of providing residential premises in accordance with the legislation of the Russian Federation at the request of military personnel at the expense of funds allocated from the federal budget for these purposes to the federal executive body in which federal law provides for military service, in the amount provided for in a housing rental (sublease) agreement concluded in writing, but not more than the established amounts. based on the above based on the system analysis of paragraph 3 of Art. 15 of Federal Law N 76-FZ and paragraph.

Forum for mutual legal assistance of military personnel

The state pays great attention to providing military personnel with necessary housing. Based on current legislation, every military man must be provided with funds for the acquisition or construction of his own living space, or he must be provided with living space. Of course, every person dreams of having their own apartment, and at first glance it seems that there are no people who want to give up the housing provided.
However, in practice, it is far from uncommon for a person doing military service under a contract or a professional military man to refuse allocated living space. In this material we will talk about why it is not always profitable to receive housing from the state, and how to correctly formalize the corresponding refusal.

The state pays great attention to providing military personnel with necessary housing. Based on current legislation, every military man must be provided with funds for the acquisition or construction of his own living space, or he must be provided with living space.

Of course, every person dreams of having their own apartment, and at first glance it seems that there are no people who want to give up the housing provided. However, in practice, it is far from uncommon for a person doing military service under a contract or a professional military man to refuse allocated living space.

In this material we will talk about why it is not always profitable to receive housing from the state, and how to correctly formalize the corresponding refusal.

Introduction to the topic

The first part of 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 rent, while the living space provided by the state must meet the requirements specified 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 is allocated to each member of the military family with whom he lives together.

The same article talks about the procedure for action in cases where the state cannot provide a serviceman with the housing he is entitled to. In such situations it is possible:

• provision of smaller living space;
• provision of living quarters from the maneuverable fund of the Ministry of Defense of the Russian Federation;
• provision of living space in a dormitory.

Along with this, the implementation of these options requires the written consent of the military personnel. In such cases, housing is allocated temporarily until an apartment with the appropriate area is found. If he refuses all possible ways to solve the problem, then the state undertakes to rent him suitable housing or pay monetary compensation. The serviceman receives it along with his monthly allowance.

How to correctly issue a refusal

It is worth noting that if a serviceman is provided with any housing, he has the right to refuse it, however, there must be appropriate grounds for this.

To correctly formalize the refusal of housing, you must refer to one of the following provisions:

• the area of ​​the housing provided is less than that required by law (Federal Law No. 76 of May 27, 1998);
• the living space does not meet the sanitary and epidemiological requirements that apply to all residential premises. This includes finishing defects, the presence of fungi, lack of furniture, sanitary facilities, etc.
• new living conditions are worse than before. Federal Law No. 76 of May 27, 1998 prohibits worsening the living conditions of military personnel.

Appropriate motivation for refusal is of great importance. If the reason why you refuse housing is considered unconvincing, you may be completely excluded from the queue for an apartment. This not only means that you cannot qualify for living space in the future, but also have no basis for receiving monetary compensation for rent.

When can it be beneficial to give up office housing?

There are many situations where giving up company housing can be much more beneficial. To begin with, it is worth immediately highlighting all the cases when the proposed housing simply does not correspond to its status: there are obvious defects, the housing does not meet sanitary conditions. Apartments in unsafe and dilapidated buildings are also a sufficient reason to think about refusal.

If the housing offered is less than what you are entitled to by law, it is also beneficial in many cases to refuse to receive it in favor of the compensation paid. There are often situations when a serviceman rents an apartment using sub-rental money paid to him, while the apartment offered may be much smaller or geographically located in an inconvenient location. In such cases, it is also beneficial for the serviceman to refuse to receive it.

In addition, often the form of security in the form of payment of monetary compensation is made in an amount exceeding the cost of renting housing. Thus, the serviceman gets the opportunity to accumulate finances or use them for his needs. In such cases, many may find it more beneficial to keep the hire compensation. However, it is worth recalling once again that the refusal must be motivated, so you need to provide some, albeit formal, but still compelling reason.

Registration procedure

The refusal must be completed within 5 days after the serviceman was informed about the proposed living space. Within this period, it is necessary to send a personal written refusal to the appropriate unit of the authorized body. It is drawn up on form No. 2, which is always attached to the message about the proposed living space. The application form can be free, but it is recommended to use Form No. 4, attached to the special instructions of the Ministry of Defense of the Russian Federation. According to it, the message must indicate the following:

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

If within 10 days the serviceman has not sent a refusal or consent to the provided housing to the relevant unit of the authorized body, the living space will be provided to other citizens who are in line to receive a service apartment, while the serviceman himself will subsequently lose the right to apply for living space. At the same time, he will also lose the right to receive monetary compensation for rental housing, which is why, if you do not agree with the housing you receive, you must write a written refusal.

Important points

It is also worth mentioning some important points.

• if you decide to refuse the apartment provided, you may be moved back in line and wait for the next offer indefinitely;
• the service apartment cannot be privatized in the future. This is a significant argument for many military personnel in favor of renting living space through monetary compensation;
• A service apartment is provided only to military personnel who do not have any other housing in the region in which they are serving.

Thus, every serviceman has the right to both claim living space and refuse it if he provides compelling arguments in favor of its non-compliance with current legislation.

• Why do military personnel refuse official housing?
• How to apply for a subsidy
• Is it profitable to refuse a finished apartment?

Is it possible for military personnel to refuse official housing? This question worries many military personnel. The Ministry of Defense is trying to solve the problem of providing housing for military personnel. It is for this reason that today the Government is trying to transfer military personnel to a slightly different form of real estate ownership. It involves taking out a mortgage, which allows you to choose not only the area in which the property will be located, but also the living space itself.

All military personnel will most likely be transferred to the above form of support. Institutions that provide for military activities until 2023 are also authorized to switch to mortgages. Modern changes include the introduction of a new form of subsidized apartment provision, which will help eliminate the current waiting list for service housing.

Why do military personnel refuse official housing?

Reluctance to obtain official housing may be due to the following reasons:

1. The region in which the proposed living space is located does not suit the serviceman.
2. The apartment provided does not correspond to the area specified in the law. Most often, apartments offered are smaller in size than required.
3. The proposed housing does not meet the requirements of residential premises standards.

We should not forget that each family may have its own reasons for registering a serviceman’s refusal of an apartment.

For example, a family with a small child does not want to move into an apartment located on the top floor of a multi-story building. Or, on the contrary, others show dissatisfaction with future living in an apartment on the ground floor. But such conditions are not taken into account in our legislation.
The next reason for a military man to refuse the proposed housing may be the desire to apply for a subsidy that gives the right to purchase real estate located in any region of our country.

Those on the waiting list say that the distributed office apartments for officers in the city of Podolsk, for example, did not meet their requirements and expectations. Sometimes military personnel prefer to buy real estate with a military mortgage.

What consequences can cause a person on the waiting list to refuse an apartment?
If a military man refuses the housing provided to him by the state, he still should not be excluded from the queue to receive an apartment. Thus, when the state offers a military man living space that does not correspond to his desires, the soldier can refuse it. And do this not just once, but repeatedly. It is also necessary to remember that refusal should be clearly justified.

The Housing Code of the Russian Federation states that citizens of our country can freely choose real estate that suits them for living. It clearly states that the military can independently choose the form of the desired provision of living space.

It turns out that if the officer has the legal right to apply for a subsidy, then he can safely refuse the apartment. In the current situation, the ideal option for providing housing is to receive EDV.

The new changes involve providing real estate with the use of EDV to those officers who refused official housing offered by the state or their chosen place of permanent residence. The above provision is valid for military personnel who refused the proposed housing after the official introduction of the law in early 2014.

These legislative forms are valid only if the proposed apartment meets absolutely all the requirements for living space required by a military personnel in accordance with the law.

Return to contents

How to apply for a subsidy

Considering modern changes in the laws of our country, which allow choosing subsidies as a form of security for real estate, many are asking different questions. How can military personnel refuse official housing? And how to properly apply for a subsidy?

We should not forget that not all military personnel have the right to housing. Only people who really need living space can receive EDV. Also a necessary condition is the refusal of the provided real estate. Moreover, it does not matter at all whether it is a service housing or a rental agreement.

To formalize the refusal of housing, you need to submit an application to the head of your unit. This statement must clearly state its reasons and the desire/reluctance to continue to exercise one’s own right to receive housing by providing a subsidy.

The officer has the right not to receive a housing certificate by choosing EDV as a form of real estate security. This is his legal right.
NIS participants cannot make any claims to receive EDV. Waiver of a military loan is always formalized through a court order, even if the service member was eligible to participate in it. The existing judicial practice when filing an application with the judicial authorities is unlikely to help cope with this problem.

Taking out a military loan does not involve checking the serviceman to see if he has any real estate - this distinguishes it from other forms of housing loan. To take part in the NIS, you must be recognized as a military person in need of living space.

If you repay the loan prematurely, you can take out a military loan again to buy a larger apartment or even another property.