What is the standard of living space established by law for the disabled. Housing for the disabled - where can a disabled person go to obtain housing under the law? Are there benefits for the disabled for the provision of land

03.11.2019 -

Providing living space for the disabled and families with disabled children, at the expense of the federal budget, in need of better housing conditions and registered before January 1, 2005, is carried out in accordance with the provisions of Article 28.2 of the Federal Law of November 24, 1995 N 181-FZ "On the Social Protection of Disabled Persons in the Russian Federation" , and registered after January 1, 2005 - in accordance with housing legislation Russian Federation.

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

Disabled people can be provided with housing under a social contract with total area exceeding the norm for 1 person (but not more than 2 times), provided that they suffer from severe forms of chronic diseases, provided for by the list established by the federal executive body authorized by the Government of the Russian Federation.

Residential premises occupied by the disabled are equipped by special means and devices in accordance with the individual rehabilitation program for the disabled.

Disabled people living in residential institutions social services and those wishing to receive housing under a social tenancy agreement are subject to registration for improving housing conditions, regardless of the size of the occupied area and are provided with housing on an equal basis with other disabled people.

Disabled children living in stationary social service institutions, who are orphans or left without parental care, upon reaching the age of 18 years, are subject to provision of residential premises out of turn, if individual program rehabilitation of a disabled person provides for the opportunity to carry out self-service and lead an independent lifestyle.

The residential premises of the state or municipal housing stock, occupied by a disabled person under a social contract of employment, when the disabled person is placed in a stationary social service institution, is retained by him for 6 months.

Specially equipped living quarters of the state or municipal housing stock, occupied by disabled people under a social contract of employment, upon their release, are populated first of all by other disabled people who need to improve their living conditions.

In accordance with Article 28.2 of the Federal Law of November 24, 1995 N 181-FZ "On the Social Protection of Disabled Persons in the Russian Federation", federal authorities transfer to state authorities of the constituent entities of the Russian Federation the authority to provide housing for disabled people and families with disabled children who need improvement housing conditions registered before January 1, 2005 in the form of subventions.

The amount of funds provided for in Federal Fund compensation to the budgets of constituent entities of the Russian Federation for these purposes, is determined based on the number of persons entitled to these measures social support, the total area of housing 18 m 2 and the average market value of 1 m 2 of the total area of housing in the subject of the Russian Federation, established by the federal executive body authorized by the Government of the Russian Federation.

The form of providing these measures of social support is determined by the regulatory legal acts subject of the Russian Federation.

"On social protection of disabled people in the Russian Federation"

Providing disabled people with living space

Article 17 of the Federal Law of November 24, 1995 N 181-FZ "On the Social Protection of the Disabled in the Russian Federation" regulates the provision of living space for the disabled.

Disabled persons and families with disabled children who need to improve their living conditions are registered and provided with living quarters, taking into account the benefits provided for by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Residential premises are provided to disabled people, families with disabled children, taking into account the state of health and other circumstances worthy of attention.

Disabled persons have the right to additional living space in the form of a separate room in accordance with the list of diseases approved by the Government of the Russian Federation. The specified right is taken into account when registering for the improvement of housing conditions and the provision of housing in the houses of the state or municipal housing stock. Additional living space occupied by a disabled person (regardless of whether in the form of a separate room or not) is not considered excessive and is payable in a single amount, taking into account the benefits provided.

Residential premises occupied by disabled people are equipped with special means and devices in accordance with the individual program for the rehabilitation of a disabled person.

Disabled persons living in stationary social service institutions and wishing to receive housing under a lease or lease agreement are subject to registration for the improvement of living conditions, regardless of the size of the occupied area and are provided with housing on an equal basis with other disabled people.

Disabled children living in stationary social service institutions, who are orphans or deprived of parental care, upon reaching the age of 18, are subject to provision with living quarters out of turn, if the individual rehabilitation program for a disabled person provides for the possibility of self-service and leading an independent lifestyle.

The dwelling in the houses of the state, municipal and public housing stock, occupied by a disabled person under a contract of employment or lease, when the disabled person is placed in a stationary social service institution, is retained by him for six months.

Specially equipped living quarters in the houses of the state, municipal and public housing stock, occupied by disabled people under a contract of employment or lease, upon their release, are populated first of all by other disabled people who need to improve their living conditions.

Disabled people and families with children with disabilities are provided with a discount of at least 50 percent from the rent (in the houses of the state, municipal and public housing stock) and payment utilities(regardless of the ownership of the housing stock), and in residential buildings that do not have central heating - from the cost of fuel purchased within the limits established for sale to the population.

Persons with disabilities and families with persons with disabilities are entitled to priority land plots for individual housing construction, maintenance of subsidiary and summer cottages and gardening.

The procedure for granting these benefits is determined by the Government of the Russian Federation. Executive authorities of the constituent entities of the Russian Federation and local governments have the right to establish additional benefits for disabled people.

Disabled people and families with disabled children who need to improve their living conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

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

Disabled persons and families with disabled children who are in need of better housing conditions and registered after January 1, 2005 are provided with housing in accordance with the housing legislation of the Russian Federation.

Determining the procedure for providing residential premises (under a social tenancy agreement or in ownership) to citizens in need of improved housing conditions, registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation.

Living quarters are provided to the disabled, families with disabled children, taking into account the state of health and other circumstances worthy of attention.

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

The payment for a dwelling (payment for social rent, as well as for the maintenance and repair of a dwelling) provided to a disabled person under a social tenancy agreement in excess of the “norm for providing living space, is determined based on the occupied total area of the dwelling in a single amount, taking into account the benefits provided .

Residential premises occupied by disabled people are equipped with special means and devices in accordance with the individual program for the rehabilitation of a disabled person.

Disabled persons living in stationary social service institutions and wishing to receive housing under a social tenancy agreement are subject to registration for improving their living conditions, regardless of the size of the occupied area and are provided with housing on an equal basis with other disabled people.

Disabled children living in stationary social service institutions, who are orphans or left without parental care, upon reaching the age of 18, are subject to provision with living quarters out of turn, if the individual rehabilitation program for a disabled person provides for the possibility of self-service and leading an independent lifestyle.

The residential premises of the state or municipal housing stock occupied by a disabled person under a social contract of employment, when the disabled person is placed in a stationary social service institution, shall be retained by him for six months.

Disabled people and families with disabled children are provided with a discount of at least 50 percent on the payment for state or municipal housing stock and utility bills (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating - on the cost of fuel purchased within the limits established for sale to the public.

Disabled people and families with disabled people are given the right to receive land plots for individual housing construction, maintenance of subsidiary and summer cottages and gardening as a matter of priority.

Government Decree No. 901 approved the rules for providing disabled people and families with disabled children with housing. In particular, paragraph 2 of the aforementioned resolution contains a list of grounds for recognizing these categories of citizens as those who are in need of better housing conditions. As part of the provision of living quarters to the disabled, an analysis and assessment of their health status, as well as a number of other circumstances that deserve attention, is carried out.

Decree of the Government of the Russian Federation No. 817 contains a list of diseases in the presence of which disabled people are entitled to receive additional living space under a social tenancy agreement with a total area, that is, an area that exceeds the norm provided for. In particular, such diseases are:

Active forms of tuberculosis;

HIV infection in children;

Leprosy;

Mental diseases, the treatment of which requires dispensary observation;

Other.

The amount of payment for social hiring, maintenance and repair of housing provided to a disabled person under a social hiring agreement in excess of the norm is determined according to the rule provided for in Part 7 of Art. 17 of the Federal Law No. 181, that is, depending on the occupied area of \u200b\u200bthe residential premises, taking into account the benefits provided, and is charged in a single amount.

The development of an individual program for the rehabilitation of a disabled person is envisaged, on the basis of which a residential building occupied by disabled people should subsequently be equipped, that is, special facilities and devices provided for by an individual rehabilitation program should be installed in it. When vacating specially equipped living quarters of the state or municipal housing stock, other disabled persons in need of better living conditions have the priority right to receive such premises.

If the provided individual rehabilitation program assumes the possibility for a disabled child to carry out self-service and lead an independent lifestyle, upon reaching the age of 18, he must be provided with housing out of turn in the following cases:

If he lived in a stationary social service institution before reaching the age of 18;

If he is an orphan;

If he is deprived of parental care.

A 50% discount is provided for paying for housing belonging to the state or municipal housing stock, as well as for paying utility bills, regardless of whether they belong to one of the funds, disabled people and families with disabled children are eligible. If there is no central heating in a residential building occupied by the above category of citizens, a 50% discount applies to the cost of fuel purchased for heating the premises, within the limits established by the relevant regulatory legal acts for sale to the population.

According to, land plots that are the property of the state or municipal bodies are provided to citizens free of charge in cases provided for by the legislation of the Russian Federation. One of these cases is provided for by Part 13 of Art. 17 of the Federal Law No. 181. Thus, disabled people and families that include disabled people receive the right to receive land plots in the first place for the subsequent maintenance of a summer cottage, subsidiary farming, gardening, and also individual construction.

Assistance to children with disabilities is a priority when considering the possibility of providing housing for the vulnerable social groups, since a disabled child who is in the care of parents or relatives requires the organization of special living conditions. Often people who fall under this category, have physical limitations, in connection with which, the realization of their own domestic and social needs is fraught with great difficulties.

The legislation of the Russian Federation provides for a special mechanism that allows families with disabled children to receive housing. The document that determines the procedure and provision of living quarters for disabled children in need of such assistance is Article 17 of the Federal Law No. 181, adopted on November 24, 1995.

Division by time of registration

Myself legislative act does not contain gradations, according to which only children with disabilities of certain groups. The only factor that affects the quality and terms of provision state aid in the form of housing, is the time period when a person who can claim benefits was registered. Thus, the division occurs on beneficiaries registered before January 1, 2005 and after this date.

For those who were registered after the beginning of 2005, premises for housing are provided in accordance with the norms of Article 57 of the Housing Code, the order and time of registration are taken into account. Out of turn, disabled children who suffer from severe forms of chronic diseases can receive housing, according to the second part of Article 57 of the LC.

Conditions for obtaining housing

The grounds for a family of a disabled child to be recognized as one in need of improved living conditions are listed in Decree of the Government of the Russian Federation No. 901. This decree is devoted to the provision of benefits directly to disabled people and members of their families. Conditions and circumstances that allow persons of this preferential category rely on state assistance, the following:

The family of a disabled child is provided with living space, the size of which, in terms of each family member, is lower than the level established by the legislation of the Russian Federation;
The family of a disabled child lives in a room that is not intended for this - does not meet sanitary and technical requirements;
The apartment or other type of housing where a disabled child lives is occupied by several families;
Seven children with disabilities include patients who suffer from certain chronic diseases that occur in a severe form. This refers to diseases in which living with a patient in the same living space is impossible, this is established by employees of state medical institutions;
A disabled child lives in a non-isolated room, where also persons who are not related to him live;
A disabled child and his family live in a dormitory room, with the exception of cases where such accommodation is due to accommodation during seasonal work, during training;
A disabled child and his family live for a long time in the premises of the state fund on a sub-lease basis or in housing owned by other citizens.

Required documents

In order for a disabled child and his family to receive a living space, it is necessary to register as a disabled person in need of improved living conditions. Such registration is carried out by authorized employees of local governments, the basis for this is an application. The application and the attached package of documents must be submitted to the relevant authority at the place of residence directly, or through a multifunctional center.

An application is submitted in which the person of the privileged category informs about his desire to use the privilege, and copies of the following documents:

Extract from the house book;
A certificate stating the fact of the establishment of disability;
Individual rehabilitation program for the disabled;
Document on opening a personal account and extract;
Documents in which other circumstances are evidenced, depending on the case (these may be certificates from medical institutions or from the Bureau of Technical Inventory).

In order for a disabled child and his family to qualify for living space from the state, the fact of disability must be established. Also, in the relevant conclusions, the causes of disability, the facts of the need for a disabled person in certain types social protection. It helps to establish all of the above facts medical and social expertise conducted by federal agencies.

The law on benefits for children with disabilities does not determine the procedure for submitting documents - whether a representative can legally do this or the beneficiary must do it directly. On the other hand, the law provides for the possibility for any citizen to delegate his powers to another person under a power of attorney issued by a notary.

Housing standards

The size of the area provided under the social contract. hiring, cannot be less than certain standards. These standards, according to the law, are set by local governments, depending on many factors. So, in Moscow, these norms are established in accordance with Article 20 of the Law of the City of Moscow No. 29 and amount to 18 square meters. meters per person. The provided area may exceed the norm, however, this excess cannot be more than twice if this room is a one-room apartment or room.

In addition, the same rule is reflected in federal law, article 17 (No. 181-FZ) clarifies that the area provided can be increased if the disabled person suffers chronic disease in severe form. The list of diseases is approved and determined by Decree of the Government of the Russian Federation No. 817

According to the legislation, a disabled person has the right to a well-maintained dwelling, equipped with special means and devices in accordance with an individual rehabilitation program. Families disabled citizens also receive the right to expand housing conditions.

How to get an apartment for a disabled person? Describe the conditions and procedure for obtaining housing benefits.

Who is considered disabled

Eligibility for Housing Benefits

Do you need on the subject? and our lawyers will contact you shortly.

Conditions for the provision of housing for persons with disabilities

Family living in a dwelling, the area of which, when converted to each relative, does not meet the required standards.
The technical and sanitary characteristics of the premises where the disabled person and his family live do not meet the established standards.
The apartment of a wheelchair user is located above the 2nd floor.
The family of a disabled person lives in the same living space in adjacent non-isolated rooms with other families that are not related to them by family ties.
On the same living space with another family, if a patient with a serious chronic disease lives in the family, with whom one cannot be in the same room.
face with handicapped lives in a hostel or in a communal apartment (there are exceptions in this subparagraph).
Accommodation long time on the terms of hiring, sub-leasing or renting housing.

Disability does not limit a person's ability to receive housing on other grounds provided for by other social support programs.

How to register for housing

How to get an apartment for a disabled person? First of all, you need to register in the queue as needing to expand your living space. To do this, you will have to collect a package of documents and attach an appropriate application to it.

The list of documents for registration in the queue is as follows:

Certificate of recognition of a person with a disability.
Document including the complex rehabilitation measures(individual rehabilitation program).
Documents evidencing compliance with the requirements of social services for obtaining housing (certificate of family composition, extract from the House Book).
Other papers on request ( medical certificates, extracts from the BTI, etc.)

The procedure for granting benefits

Affordable housing for disabled people of the 2nd group

Disabled people of the 2nd group are recognized as limited able-bodied.

However, citizens of this category also need special conditions residence and care, therefore they have the right to enjoy housing benefits from the state.

Disabled people of the 2nd group registered as in need of housing apply for housing provided under a social contract of employment.

Housing for disabled people of the 2nd group must meet certain requirements in order to ensure the comfort of the disabled person living in it.

How should the living quarters be equipped?

The apartment should contain devices that facilitate the life and movement of a person with disabilities.
The area of the premises must meet the standards established for citizens of this category.
When designing apartment building for the disabled, the features of future residents are taken into account, in connection with which the house is equipped with ramps and special elevators.

If a person living in the premises on the basis of a social lease agreement is sent to a special rehabilitation center or a home for the disabled, his housing is not transferred to anyone for six months. If relatives of a citizen remain in the apartment, then no one is guaranteed to occupy it for any period of time.

Single housing is provided only on condition that a citizen is able to serve himself without the help of third parties.

Other housing benefits

In addition to measures to provide living space, persons with disabilities of any group apply for various housing benefits facilitating their financial situation:

50% discount on utility and housing services (rent, payment for electricity, heating, water supply).
Discount on the purchase of coal, gas and other means of heating for residents of houses where there is no centralized heating.
Compensation for payment expenses overhaul common property of an apartment building in the amount of 50%.
Provision of ownership or rent land plot under individual housing construction, as well as land for dacha farming and gardening.

Dear readers!

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

For a prompt resolution of your problem, we recommend contacting qualified lawyers of our site.