A document confirming the right to additional living space. Additional living space

As mentioned earlier, additional living space is provided to citizens in exceptional cases. The legal basis for the provision of additional living space is the Housing Code.

In accordance with Part 2 of Art. 58 of the Housing Code, residential premises may be provided in excess of the social norm for the area of ​​residential premises if it is one room or a one-room apartment or is intended for the accommodation of citizens suffering from severe forms of chronic diseases. It is important to take into account that the right to additional living space cannot be used by eligible citizens as the right to receive a separate residential space suitable for living. Additional living space cannot be an independent subject of a social tenancy agreement; it is provided only simultaneously with the provision of main housing within the standard living space or after receiving the main housing. Additional living space also cannot be subject to independent alienation, i.e. it becomes an integral part of the residential premises owned by an authorized citizen on the basis of a social tenancy agreement.

Additional living space is provided, as a rule, in the form of a separate isolated room. If it is not possible to provide a separate room, additional living space equal to 10 m2 of living space must be provided. In accordance with the Government Decree of February 28, 1996, the following categories of citizens have the right to receive additional living space in the amount of 10 m2.

Disabled people of the Great Patriotic War and families of those killed

or missing soldiers (partisans) and equivalent

in the prescribed manner persons.

Heroes of the Soviet Union, Heroes of Socialist Labor, and

also persons awarded the Orders of Glory, Labor Glory, “For Service

bu Motherland in the Armed Forces of the USSR" of all three degrees.

Persons suffering from severe forms of certain chronic diseases

diseases specified in the List of persons entitled to supplementary

private living space. In this list there are three

main groups of severe chronic diseases that cause

there is a need to provide additional living space:

all forms of airborne, sexual and

otherwise severe chronic diseases (for example, open

this form of tuberculosis, HIV infection, etc.);

severe mental illness (for example, schizophrenia

severe chronic diseases in which others

It is unbearable to constantly be near a person suffering from

any of these diseases (for example, urinary and fecal incontinence, purulent fistulas, etc.).

Within the List of persons suffering from severe forms of chronic diseases and entitled to receive additional living space, a special group can be distinguished - these are pregnant women starting from the sixth month of pregnancy, although in this case the position of the legislator is somewhat unclear.

Persons who were part of the active army during the period

Civil and Great Patriotic Wars and during other battles

new operations to protect the USSR, civil and Great partisans

Patriotic War, as well as other persons who took part in

military operations to defend the USSR.

Labor disabled people of groups I and II and disabled people of groups I and II from among

military personnel.

Families of persons killed in the line of duty or

public duties, fulfilling the duty of a citizen of the USSR

to save human life, to protect socialist society

property and law and order or those killed at work in the

as a result of an accident.

There are many mothers who have been awarded the title “Mother Heroine**”

children's families (at the federal level - these are families with three

or more children) and single mothers.

Families with the birth of twins (this group also includes

families are included at the birth of twins, triplets, etc.).

Teachers and other educational workers of general education

private schools and vocational educational institutions;

Healthcare workers.

Persons affected by radioactive effects (eg

measures during the explosion of a nuclear power plant in Chernobyl).

Employees of the Ministry of Internal Affairs (starting from the floor

kovnikov and senior in rank).

Rescuers of professional emergency rescue services,

professional emergency rescue teams.

However, the legislator also stipulates cases and categories of citizens for whom the size of additional living space can be increased, i.e. in addition to an additional living area of ​​10 m2, or a separate room. Currently, citizens entitled to receive additional living space in the amount of 20 m2 include:

persons with an academic degree (candidates of sciences, doctors of

uk, professor of science, etc.);

members of the Union of Artists, the Union of Writers, the Union of Compositions

tors, the Union of Architects and other unions of honored persons,

those toiling with creative activities;

3) members of the Constitutional Court of the Russian Federation (according to the legislation of the Russian Federation, there are only 18 members).

At the level of the constituent entities of the Russian Federation, taking into account local characteristics, other categories of citizens who have the right to receive additional living space in the amount of 10 m2 may be established.

Questions for self-control

What are housing relations in the field of housing law?

Describe the housing relationship as an object of citizens

legal regulation.

What are the housing rights and responsibilities of citizens?

What are the legal and regulatory frameworks for regulating life?

personal relationships?

What are the requirements for new residential premises?

niyami during their registration, accounting and commissioning?

What are the legal housing standards for you?

known?

What are the forms of satisfying housing needs?

citizens and legal guarantees for the exercise of the right to

private living space.

10. What is a housing subsidy and who is it provided to?

Appendix to topic 5 SAMPLE STATEMENT OF CLAIM

To the N-city court

PLAINTIFF: Ivanov Ivan Ivanovich

living: city N, st. Oktyabrskaya, 5, apt. 59.

DEFENDANT

(name of organization, address)

STATEMENT OF CLAIM

on refusal to renovate and redevelop

residential premises

On February 25, 2005, I acquired ownership of an apartment on the basis of a purchase and sale agreement, located at the address: N, st. Oktyabrskaya, 5, apt. 59, with a total area of ​​69 m2.

Next, you should indicate the actions that the plaintiff intended to perform (redevelopment, redevelopment of the housing premises), the availability of permission from the local administration for redevelopment or reconstruction, as well as the reasons for the refusal.

Guided by the provisions of paragraph 3 of Art. 27 of the Housing Code of the Russian Federation, which provides the opportunity to appeal in court the refusal to reconstruct or redevelop residential premises,

Cancel the decision to refuse reconstruction or redevelopment

routing living quarters;

Allow reconstruction or redevelopment in

apartment belonging to me in accordance with the requirements of Art. 25,

Applications

Apartment plan and project for reconstruction and redevelopment of residential and

utility rooms.

A copy of the decision of the local administration on the ban on reconstruction

and redevelopment of residential and utility rooms.

Extract from financial personal account.

A copy of the apartment purchase and sale agreement.

Bank receipt for payment of state duty.

Copies of statements of claim.

Although it has not yet been cancelled. But, at the same time: - this resolution does not comply with the norms of the current housing legislation in the Russian Federation. You can try to defend your case in court. Long gone. When I worked at the institute, they found out which scientists needed to solve the housing problem, But it was a request from Moscow and for the category of young scientists under 35 years old, And then most likely it was a simple formality, an unsubscribe. So, get around as best you can If for the New Year gave a whole herd of live hares, does a person have the right to additional living space?! Has the right to a hat with a fur coat! The right to additional living space. In excess of the norm, living space is provided to certain categories of citizens and those who have the right to additional living space, see the certificate. He has the right to release hares into the forest, to his living space.))) I think this is not the question here) well, I think not) Yes....

Additional living space Ph.D.

Attention

To obtain the right to this, you must bring your candidate’s or doctoral diploma to the EIRC and write an application requesting a recalculation. lawyer Mingazov Yuri Saitgareevich tel. in Kazan 8 905 31 20 250 email address. email: urcominfo@

• Dear Alexander. The rights of scientific workers to additional living space were secured by the Decree of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR dated August 20, 1933.

“On the housing rights of scientific workers” (as amended on November 1, 1934, June 24, 1938) Here are excerpts from the text of the Resolution: “In order to secure for scientific workers the housing benefits provided to them by decisions issued at different times, to further improve their living conditions and in accordance with the resolution of the Central Executive Committee and the Council of People's Commissars of the USSR on March 27, 1933.

Paying for additional space for a Ph.D.?

I ask you to answer “in detail” because on February 10 I need to appear before the magistrate on this issue. I ask you not to discuss the amount of my possible savings if successful (100 rubles/year) since this is a matter of principle.
I also ask you to answer what my “financial losses” will be if I lose the case. Registered alone in a two-room privatized apartment (total area - 41.9; living area - 26.6 (16.8 + 9.8), Candidate of Sciences, working in my specialty at a research institute. According to the arguments of the DEZ (according to Appendix 10 of the Moscow Government Decree dated 10 December 2008
N 1112-PP) - 1.9 sq.m of my area are “surplus” and must be paid (for the maintenance and repair of housing) at an “increased rate” (16.8 rubles/sq.m).

Who is entitled to additional living space?

Residential premises for permanent residence Housing subsidy Savings and mortgage system State housing certificates Service residential premises Subsidy for civil servants< Главная < Департамент жилищного обеспечения < Жилищная субсидия < Право на дополнительную площадь жилого помещения НОРМАТИВНЫЕ АКТЫ Ст. 15 Федерального закона «О статусе военнослужащих», от 27 мая 1998 г., № 76-ФЗ Ст.19 Закона Российской Федерации от 26 июня 1992 г. № 3132-1 «О статусе судей в Российской Федерации» Ст.5 Закона Российской Федерации от 15 января 1993 г. № 4301-1 «О статусе героев Советского Союза, Героев Российской Федерации и полных кавалеров орденов Славы» Ст. 3 Федерального закона от 9 января 1997 г.

The right to additional living space

The All-Russian Central Executive Committee and the Council of People's Commissars decide: Research workers have the right to an additional separate room for study in excess of the area they occupy according to the general norm, and in the absence of a separate room - to an additional area of ​​at least 20 square meters. meters. This right also applies to scientific workers living without a family, with the only limitation that the right to an additional separate room occurs when the main area does not reach 28 square meters.

All space occupied by researchers, both main and additional, is paid by them in a single amount, except in cases where the additional room is used by the researcher for private practice.” The effect of this resolution was extended to researchers and graduate students at higher educational and research institutions.

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The categories included in that list can, on preferential terms, purchase housing under construction or completed on plots... In accordance with Art. 38 of the Housing Code of the RSFSR, the standard of living space is set at twelve square meters per person. Residential premises are provided to citizens within the standard of living space, except in cases provided for by law, but not less than the size established in the manner determined by the Government of the Russian Federation. Minimum sanitary The standard living area is 6 square meters.

meters per person. In a number of constituent entities of the Russian Federation, the concept is not residential, but total area (for example, in Moscow). How many square meters per person in the Moscow region Prokhorov said - 100.

I saw it on TV myself. Who has the right to expand housing? Print the news.

Additional living space for PhD candidates

This right also applies to scientific workers living without a family, with the only limitation that the right to an additional separate room occurs when the main area does not reach 28 square meters. All space occupied by researchers, both main and additional, is paid by them in a single amount, except for cases when the additional room is used by the researcher for private practice.”

Important

The effect of this resolution was extended to researchers and graduate students at higher educational and research institutions. Gradually, these benefits were extended to writers, artists, painters, sculptors, etc.

The answer to the question of whether these benefits apply today is contained in the Federal Law of the Russian Federation “On the Enforcement of the Housing Code of the Russian Federation” No. 189-FZ of December 29, 2004.
Does a candidate of sciences have the right to additional space and under what regulatory act? question number No. 3464359 read 2304 times Urgent legal consultation 8 800 505-91-11 free

• This is the best answer. Researchers with a scientific degree or title and graduate students have the right to an additional separate room, and in its absence, to an additional area of ​​at least 20 square meters. meters (Resolution of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR of February 28, 1930 “On the right to use additional living space”). If several persons in a family have the right to additional space, then per family, regardless of the number of members entitled to additional space, is provided in excess of the basic norm: no more than one separate additional room, or additional space in the amount required by law for two persons.

Gradually, these benefits were extended to writers, artists, painters, sculptors, etc. The answer to the question of whether these benefits apply today is contained in the Federal Law of the Russian Federation “On the implementation of the Housing Code of the Russian Federation” No. 189-FZ dated 29 December 2004

This law lists in detail all normative acts that lose force with the entry into force of the RF Housing Code. There is no mention of the liquidation of rights to additional living space.

Consequently, all the above decisions have not been cancelled. They are valid and scientific workers still have the right to additional living space of at least 20 square meters.

m or as a separate room. Sincerely, Chairman of the Presidium of the NP “Collegium of Lawyers “Defense of Law” Yuri Ermolaev.

Info

Resolutions of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR dated February 28, 1930 “On the right to use additional living space”). This resolution is still in effect today.

Sincerely, Konchakov Vladimir Aleksandrovich P.S. If you have any additional questions, please contact us in private messages Personal consultation Thank you for your answer!

• Has, if the prince is a scientific worker and only if he is provided with new housing in order of improvement. Extensive experience in practical work. If you have any questions or problems, I will help you gallina1946@921-907-53-36 Personal consultation Thank you for your answer!
• Despite its antiquity, this is a valid regulatory act.

There was a reference to the Decree of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR dated February 28, 1930 “On the right to use 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 in the military ranks of colonel, equal and higher;

Commanders of military units;

Military personnel are citizens who have honorary titles of the Russian Federation;

Military personnel are citizen 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.

In exceptional cases, some groups of people may exercise their own right to additional living space. The reason for its use by military personnel and other categories of persons is the special provisions adopted in the country. In order to purchase additional footage, you must be in line and belong to the category of people who can receive it.

What is additional area

There is such a thing as a norm according to which residential premises are distributed. For military personnel, this norm is determined by federal law. Other categories of persons are controlled by the 2006 and 2004 Decrees. Considering the work of this law, military personnel can stand in line for them and their families to receive an apartment with sq. m. m. taking into account 18 sq. m. for a family man living with them.

Only residential space is taken into account; each apartment also has non-residential space - a kitchen, sanitary facilities, utility rooms, balcony, hallway, intra-apartment corridors, loggia or other utility rooms, depending on what is in the apartment.

Additional living space is provided to those individual categories of citizens who, by law, have the right to this - these can be military personnel, disabled people, people with severe systemic diseases, Heroes of the Russian Federation or the USSR, Heroes of Labor, judges and citizens working in the Investigative Committee. Each group of people has the right to receive additional meters of varying amounts - from 15 to 20.

It is important to know! The law does not specify how the space should be provided, so it can be realized either in one larger apartment or in a separate apartment with a specified living area. Therefore, military personnel who are in line for additional space may be provided with several apartments, provided that it is not possible to provide one apartment of the required area.

Most often, the space is provided in the form of an additional isolated room as part of the total area of ​​a residential building or apartment. But it also happens that it is part of one large room in terms of exceeding the standards set for a person.

Which military personnel are entitled to additional meters?

The category of military personnel who serve under a contract and move to another city for a designated purpose are provided with residential premises in accordance with the provision for each member of the military personnel’s family for the entire period of stay, taking into account additional residential meters. Military personnel have the right to additional residential area in terms of receiving 15 residential square meters. Rights to additional The area of ​​living quarters for military personnel is given in certain cases:

• The officer serves in the rank of at least colonel or is dismissed after reaching the maximum period of service;
• The officer was laid off under the influence of organizational and staffing measures;
• The officer was dismissed from military service due to health reasons;
• The officer was the commander of a military unit;
• A serviceman of any rank has received honorary awards from the Russian Federation;
• A serviceman is a teacher in a military educational institution, at a military department - he can exercise the right only while working at the department;
• The military personnel is a scientific worker or has academic degrees, titles and awards.

This category of persons includes people who participated in the Great Patriotic War or any other military operations to protect the USSR from ill-wishers. It is necessary to provide additional meters to the partisans of the Great Patriotic War, and to disabled people who became disabled during the defense of the Motherland.

Disabled people and people with serious illnesses

People who suffer from serious illnesses have the right to receive housing. This list of diseases is indicated in a special closed List, which includes people with an open form of tuberculosis or HIV, various mental illnesses or severe forms of mental neuroses. This could be gangrene, epilepsy, hysteria and other similar diseases. These may be mental diseases that require mandatory annual observation in a hospital, or diseases of the central nervous system.
This category also includes people with prolonged mental disorders or frequent exacerbations. To be eligible for additional meters, a person must update a certificate from the hospital every year stating that he is undergoing treatment. In this case, the person is given the right to an additional 10 residential meters.

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

A separate living room should be provided for people with purulent fistulas, fecal or urinary incontinence in cases where this process is not reversible and cannot be treated in any way. It is impossible to be in the same room with such a disabled person, so a room is provided. This list includes cerebral palsy and all diseases that require the presence of a wheelchair.

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

It is necessary to provide living quarters with additional space if the police officer is of at least the rank of colonel. The area is also available to persons in service or dismissed with the rank of colonel of justice or internal service. The same applies to people serving in the tax police. All ranks received above colonel are taken into account and give the right to additional living space.

These categories of persons can receive both an area of ​​10 residential square meters in excess of the norm, and a separate isolated room in this area. Tax police officers have the right to an increased standard - up to 15 residential square meters. In order to be in line and receive these meters during distribution, you need to have an official ID confirming your position and a certificate from your place of work received every year. The certificate must indicate that the person is working in the same place and in the same position or higher. A pension certificate can serve as confirmation.

Artists, figures of art, technology and science

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

Inventors and artists

The living space can be expanded by inventors who have a special certificate confirming their title. This also includes people who have higher or higher qualifications in the fine arts. To obtain such living space, people in these professions must present a special certificate. In this case, they will be entitled to an additional 10 meters of space.

Judges, prosecutors and investigators

The position of a judge, investigator or prosecutor is complex and involves enormous nerve-wracking responsibilities. On this basis, they are given the right to receive additional living space of up to 20 square meters. To obtain these meters, you need to provide a special, fresh certificate from your place of work every year. After leaving this position, the privilege of having additional space disappears.

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

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