Many citizens live in a small living space with entire families. The lack of housing standards per person makes living conditions uncomfortable.
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Each family member registered in a certain area must have an area to live in, the size of which is based on the legislative framework.
The concept of accounting norms for residential area
The concept of an accounting norm for the area of a residential premises should be understood as the presence of a minimum area of premises for living per one family member. Self-government bodies keep records of living space standards to identify citizens who need to improve their living conditions.
The size of the accounting norm depends on the number of persons living in the residential area:
- One person – the total area of the room is at least 33 square meters.
- Two family members - permissible area of at least 42.
- A family of more than two people requires an area of 18 square meters per person.
In what cases is the norm calculated?
The living allowance is calculated in the following situations:
- To correctly calculate the required payment for living space
- In the event of an eviction procedure for a person renting housing
- When carrying out the procedure for dividing real estate
- In case of renovation of the building itself where the housing is located
- When moving in residents for a temporary period and under certain conditions
- In case of insufficient size of the permissible area for each resident, and when submitting an application for improvement of living conditions.
How many square meters of living space are allowed per person?
Rationing of living space began in our country since the times of the USSR. And many of the rules in force at that time are still applicable to practice today. Even after changes, they are simply transferred to new documents. Only the government bodies responsible for editing in a given case change.
We recommend reading: Amount of additional payment to non-working pensioners for a labor veteran in the Moscow region legislation
Classic standards: 18 square meters per citizen, 42 square meters for a family of two, 33 square meters for those who live alone . And enters into a social rental agreement. According to the norm, one person should receive at least 12 squares . But this is only relevant for those who are recognized as in need of improved housing conditions.
Types of norms
Indicators for accommodation can be divided into different types. Each type has its own separate terms of use.
The following types are distinguished:
- Residential squares provided in accordance with the rental agreement (provision rate)
- Accounting size of living space
- Social norm
- Sanitary area of housing.
Minimum sanitary standard
This concept is most often used for those types of housing that are temporary. This means living in dormitories, barracks and communal apartments.
Good to know! The concept characterizes the necessary standards for the personal space of a living person, for example, the height of ceilings and the presence of a certain number of windows. The required size of such housing is at least 6 square meters per person.
Accounting norm
It is used to record the availability of those categories of citizens who need improved living conditions and who can apply for additional living space. According to standards, the minimum size of the accounting area per living person is at least 12 square meters. meters.
Let's celebrate! If the family has low-income status and has a living area of up to 14 sq. meters per person, the law provides for the possibility of registering for improved housing.
Presentation norm
It consists of the available minimum area for housing per person when concluding a rental agreement for residential premises. An area of this type must be at least 18 square meters in size. meters.
In case of violation of norms, this may be considered as an infringement of the rights of users of residential space. And may incur administrative penalties.
Case on the provision of residential premises under a social tenancy agreement
The Judicial Collegium for Civil Cases of the Moscow City Court, with the participation of lawyer E.A. Lavrova, who represented the interests of the plaintiff, whose claim for the provision of residential premises under a social tenancy agreement was rejected by the decision of the Presnensky District Court of Moscow, issued an appeal ruling, which decided court of first instance was overturned, the Moscow City Court ordered the Moscow City Department of State Inspectorate to reconsider the issue of providing the plaintiff with residential premises under a social tenancy agreement to replace the lost one. Facts of the case: The plaintiff filed a lawsuit against the DGI for the provision of residential premises under a social tenancy agreement due to the fact that in 1989 the plaintiff was provided with a room. He was then convicted. The verdict stated that the plaintiff retained the right to residential premises. Due to the plaintiff's conviction, the personal account in his name was closed and he was discharged from this room. Having been released from prison in 1994, the plaintiff learned that the room previously allocated to him was occupied by other residents. The plaintiff appealed to the City Property Management Committee with an application to provide him with another living space due to the occupation of his room by other residents. The plaintiff was provided with inspection warrants for several rooms. However, the plaintiff did not have time to obtain a warrant for the room he had chosen, since he was again convicted. Having been released from prison in 2011, the plaintiff applied to the Department of Housing Policy and Housing Fund of Moscow with an application to provide him with living quarters. The Moscow housing department and housing department informed the plaintiff that if all documents were submitted, the plaintiff would be provided with living quarters. The plaintiff collected all the necessary documents confirming his right to receive residential premises, but his package of documents was lost. The plaintiff again began to collect all the necessary documents to submit an application for the provision of residential premises and again submitted an application to the department, however, on July 14, 2015, in his letter, the Moscow DGI recommended that the plaintiff go to court in order to protect his violated housing rights. In 2020, the plaintiff again applied to the Moscow DGI and received a response that he had lost the right to the residential premises previously provided to him. The issue of providing residential premises under a social tenancy agreement in replacement of the lost Moscow State Property Inspectorate has not been considered. The court of first instance rejected the plaintiff's claim. Lawyer E.A. Lavrova An appeal against the court's decision was prepared and filed, which was granted by the appellate court. Thus, canceling the decision, the Moscow City Court indicated that the question of providing the plaintiff with other residential premises under a social tenancy agreement with an area of at least 15.3 sq.m. The DGI of Moscow has not been considered, the response is of an informational nature, and in accordance with the established procedure, the decision by the executive authority to refuse to satisfy the plaintiff’s demands has not been made. At the same time, the court does not have the right to replace the activities of executive authorities. The judicial panel cannot deprive the Moscow DGI of the right to conduct an inspection on the grounds specified by the plaintiff in accordance with the requirements of the current legislation. In this case, the restoration of the violated rights of the plaintiff must be implemented by obliging the defendant to reconsider the issue of providing the plaintiff with another residential premises under a social tenancy agreement with an area of at least 15.3 sq.m. to replace what was lost.
Calculation of the accounting standard for living space
The calculation takes into account the available living space per person. It should be noted that the size of the minimum space per person varies in each region. Also, when making calculations, the total area of the room is taken into account.
Good to know! And it is divided by the number of family members. You should pay attention to the fact that the presence of bathrooms and a kitchen should not affect the size of the living space. However, this fact is not always taken into account.
Rights and restrictions
The following categories of people have the right to increase living space:
- Children from orphanages
- Disabled people
- People doing military service
- Veterans
- Social workers
- Emergency participants
- People who were forced to relocate due to unforeseen situations.
Good to know! When accounting for living space, only citizens who live in cramped conditions or do not have their own housing are entitled to receive such a subsidy.
When taking into account the size of housing, there are the following restrictions for such citizens:
- Citizens of a foreign country
- Property owners
Also, categories of citizens whose living space has become unusable due to destruction associated with accidents or natural phenomena may be considered out of turn.
How to join the queue for a new apartment?
In order to apply for inclusion in the housing queue, you must contact your local government. Municipal authorities will carry out calculations of available housing and, in case of non-compliance with the required parameters, will provide the necessary list of documentation.
The application must contain the following information:
- Full information about available housing
- Description of available benefits
- Length of residence at registration address
After submitting the application and all documents, you must apply for funds to purchase a new apartment. After reviewing all the submitted papers, the person will be notified of the decision made by the self-government bodies.
Lawyers advise! When it comes time to receive a certificate for an apartment, a citizen needs to find suitable housing within a certain period of time that will meet all the necessary conditions. If such property is not found, the certificate may expire.
Required documents
In order to obtain an apartment, you must provide the following types of documentation:
- Passports of all family members
- Registration certificates
- Certificate from the tax authorities
- Certificate from the BTI authorities
- Certificate describing the conditions in which the family lives
- Certificate confirming the absence of own real estate
- Certificate of employment
- Certificate of income received
- Work records
- A certificate confirming the possibility of obtaining an apartment.
Good to know! In addition to all the above documents, local authorities may ask for additional information when considering a case.
Who has the right to expand the area?
Citizens who meet at least one of the following conditions have the right to expand their housing:
- Housing does not have sufficient area to meet the required parameters
- The family’s place of residence does not meet sanitary and technical requirements
- In case the house is subject to demolition or is in disrepair
- If several families live in one place of residence
- If the family lives in the same room with a patient suffering from an acute transmissible form
- Persons living in dormitories
You should know that when considering an application for housing, all family income will be taken into account. If a family has sold its own real estate to purchase an existing one with worse conditions, then such persons cannot apply for new housing.
When deciding to apply for new housing or expansion of living space, you must ensure that you have all the necessary certificates. You should also take into account the fact that local governments transfer applications to higher authorities, so the queue can last more than one year.
It is necessary to submit documentation this year for the current year, since a certain amount of funding is provided for one year, which will be spent on this type of social assistance.
Let's celebrate! Getting a new home is a rather complicated procedure that takes a long time. However, this helps many citizens who live in poor conditions improve their housing situation. If a person has the right to receive such a benefit, there is no need to postpone the procedure; all documents should be collected and submitted to local authorities.
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What are housing rights
Article 40 of the Constitution stipulates that housing rights must be supported by state bodies and local governments. All conditions must be created for the citizen to successfully exercise these rights.
The same article provides for the right to assign affordable and free housing to low-income citizens - in this case we are talking about social rent. Thus, it is proclaimed that the state takes care of certain categories of citizens. Thus, by-laws establish the rules for transferring apartments for free use to certain social groups - disabled people, veterans, orphans, etc.
However, housing rights are not only the right to own and dispose of an apartment, house or other real estate. The Constitution stipulates that no one can be forcibly or willfully evicted from their home, and has the right to protection from criminal attacks - mainly illegal entry.
In addition, if fraudulent activities are detected, the home owner has the right to go to court and restore justice.
