Sample application for a disabled person to receive a plot of land. How can a disabled person get a plot of land for free? Documents and other details

At the moment, the Russian Federation still has a program to provide disabled children with free land plots.

Our editorial office very often receives questions on the topic: “is it allowed land plot disabled child? — especially for you, dear readers, we answer: YES! But there are features that we will discuss below.

If the program participant is not an adult, but a disabled child, there are some differences in the procedure for obtaining an allotment:

• a minor aged 14-18 years has the right to act independently with notarized consent from parents, adoptive parents or guardians.
• The remaining categories of children are under the full responsibility of their legal representatives, who are parents or authorized guardians.

Representatives have the right to act in the interests of the child and register land property on his account, remaining stewards of it until the legal holder comes of age.

They also contact the local branch of the administration, an authorized person, and draw up a statement of a similar type, but the main reason for the application is that:

1. social adaptation of persons with disabilities is difficult, and the child’s receipt of a plot of land, on the basis of guarantees provided by the state (FZ-181), will allow him to solve pressing vital issues.
2. The site is planned to be used for its intended purpose, with details of use indicated, in the interests of the child and under the supervision of the guardianship and trusteeship authorities.

The package of documents attached to the application is the same. Additionally, it is possible to attach a petition from an authorized person of the guardianship authorities. Evidence of the representative’s authority, as indicated in the application, must be attached.

Deadlines remain the same. Persons are exempt from paying state fees. The plot can be registered in the name of the parents or the child, by decision of the administrative commission. If a child is recognized as the owner, then until the child reaches adulthood, the parents undertake to be responsible for the use of the memory.

If you still have questions about the provision of land plots to families with a disabled child, you can ask them in the comments.

When resolving a land issue in favor of a person with disabilities, for example, for disabled people under individual housing construction, it is advisable to involve as many organizations as possible that can have a positive impact on the decision of the administrative council.

The legislation takes every possible care of citizens with disabilities. This is proven by the fact that the state provides all disabled people of groups 1, 2, 3, as well as families with a disabled child in their care, a plot of land for use.

Also, persons falling under the preferential category have the right to receive a plot of land from the state. This large families, pensioners, low-income people, orphans and people with limited ability to work.

How can a group 3 disabled person get a plot of land? This question is answered by the government program, which mandatory requires compliance with a number of conditions.

According to legislative acts, a plot of land is allocated to a disabled person on the basis of a lease agreement, the terms of which provide for the opportunity to use it for an unlimited period and even take it into private ownership.
The allocated area can be used to:

• build a residential house or country house;
• plant trees, grow vegetables;
• build a garage;
• engage in personal farming.

Conditions for obtaining land

The conditions for free receipt of land are specified in detail in the Federal Law “On social protection disabled people." Persons with disabilities of all groups and families with incapacitated children can participate in the program. To obtain territory for development, an incapacitated citizen will need to stand in line at the local administrative body, and then lease the land with the right to re-register ownership. In this case, the recipient will need to begin construction on the site within three years. This fact will make it possible to privatize the site.

Attention! If real estate construction does not begin on the site within three years, the area is confiscated into state ownership. In this case, a person with a preferential category loses the right to receive free construction space again.

The law also stipulates the provisions under which an incapacitated citizen will be considered in need. The law talks about situations where:

• a disabled citizen does not have a private house or other housing;
• per family member there are up to 12 square meters area.

A gratuitous allotment is available to citizens with disabilities subject to the following requirements:

• presence of disability, or;
• Very low level income;
• there is a need to improve living conditions.

The right to receive a free allotment is given to:

• disabled people of all groups;
• families with incapacitated citizens;
• parents with children with disabilities;
• guardians and adoptive parents of children with disabilities.

What documents are required to obtain a land plot?

You can receive land from the state after you submit the following to representatives of the city administration:

1. Application (an important clarification: an application is written to the local administration with a request to provide a place for development; the desired area must be indicated; the application also indicates the applicant’s disability group and the category of the beneficiary).
2. Passport and TIN (copies).
3. VTEK result on assignment of disability.
4. Certificate about the number of members in the family.

The papers are reviewed for two weeks, after which the applicant receives the territory for use.

What is the procedure for providing a free allotment?

To get the desired land, you must:

1. Contact the administrative authority at your place of residence.
2. Write the application by hand.
3. Provide the required papers.
4. Register in line.
5. Conclude an agreement to lease the space and eventually convert it into ownership.

For your information! If the application is refused, you will need to appeal the refusal in court or the Prosecutor's Office.

Where should documents be submitted?

Control over the queue and distribution of land between preferential categories of people is ensured by the territorial administration (municipality). Documents for allotment of an allotment must be submitted to the city administration. In some territorial centers, people are referred to the Department of Property and Land Relations.

What to do if you are denied entry into the queue?

In case a person with physical abnormalities or a family with a disabled child is officially refused by government agencies to provide a place for construction, then the applicant will need to apply to the court within 3 months with statement of claim.
Most often they are refused if:

1. In a given territory there is no decree on the issuance of land plots to people from the category of beneficiaries.
2. The applicant is not registered as a person in need of improved living conditions.

None of these reasons justifying refusal are legal. Therefore, having received an official refusal, you should go to court with it and a number of papers and defend your rights there.
The court will protect the rights of a person with limited ability to work and will oblige the district authorities to allocate land at the expense of budget funds.

Land allotments for children with physical disabilities

A family with a minor child with a disability can legally apply for free land for building a house or running a subsidiary farm.
To obtain a territory for development, you will need to collect the following documents:

1. A document confirming the birth of a child with a disability. If there are several such children, then papers are collected for each child.
2. Document issued based on the results social expertise about assigning a child a disabled category.

Current questions and answers

• Question 1. Can an incapacitated citizen with a disability group receive some territory from the state for development if he falls into the category of those in need, but is already a landowner? Answer 1. Being the owner of a land plot, a disabled person does not lose the right to receive free land for development under the state program.
• Question 2. Where should an application be filed with a complaint about the refusal to provide a gratuitous allotment - to the court or to the Prosecutor's Office? Answer 2. Both the court and the Prosecutor's Office accept complaints of this kind. Both authorities are obliged to protect the rights of people affected by illegal actions of local authorities. The only difference is that through the court this issue will be resolved faster, and through the Prosecutor’s Office it will take longer.
• Question 3. In what cases can the local administration provide territory for housing construction and set a price for it? Answer 3. Local authorities have the right to set the price of land if:
  • the applicant’s monthly profit is above the average for a given region;
  • the disabled person owns real estate;
  • if the disabled person does not belong to the category of people in need of improved living conditions.

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Key aspects of legislation

Auctions are held by municipalities for the purpose of selling plots of land owned by the administration of a settlement or district. Citizens with disabilities have a legal right to register a plot out of turn.

Persons with disabilities can obtain ownership of land without participating in an auction on a general basis. But only in the case when other citizens with the same benefit do not apply for it.

There is an opinion that only disabled people of group I can take advantage of this right. This is not confirmed in regulatory documents.

Those citizens who have been assigned any of the three disability groups, as well as families of disabled children, can obtain ownership of the plot.

The resulting land can be used for one of the following types uses:

• personal subsidiary plot;
• construction of a residential building or cottage;
• construction of a garage for vehicles;
• gardening.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Conditions for obtaining land

The Federal Law “On Social Protection of Disabled Persons” contains clauses that explain in detail the procedure for registering land as a property free of charge. This provision of the law covers citizens with the first, second and third groups, as well as those raising disabled children.

A citizen with disabilities can obtain a plot for construction or gardening from the local administration.

After writing an application, he will be put on a waiting list and given the land for long-term lease. If desired, it can be re-registered as private property if construction work begins on it within three years.

Important! If three years have passed since the receipt of the site, and the object capital construction is not registered, then the plot is confiscated from the disabled person.

In addition, he loses the right to re-receive preferential land on this basis, since once he received it, he did not use it for its intended purpose.

The normative act contains articles defining which disabled people are recognized as needing the provision of a site.

Persons who have:

• does not own an individual residential building or apartment;
• Each family member has less than 12 m2.

The law gives the right to exercise this right subject to three conditions:

• presence of any disability group;
• the family is recognized as low-income;
• It is necessary to improve living conditions due to cramped living conditions.

The following categories of citizens can take advantage of the benefit:

• persons with disabilities of groups I, II and III;
• families with incapacitated citizens;
• a person who is dependent on a disabled child;
• guardians and adoptive parents of disabled children.

What documents will be required?

Land can be registered for long-term lease or ownership only after submitting the following documents to the local administration:

• statement. It sets out the requirement for free provision of the site, the purpose of further use and location. The text indicates the disability group and membership in a preferential category of citizens;
• passport (copy);
• TIN (copy);
• VTEC conclusion on group assignment (copy);
• certificate of registration at the place of residence (copy).

The site provided does not always have a boundary plan. The decision on the demarcation of boundaries in kind lies with the local government body. After receiving permits, a citizen is obliged to month period complete all the paperwork.

ATTENTION! Look at the completed sample application for the provision of a land plot to a disabled person:

Procedure

To receive a free plot, a disabled person should:

• contact the local government authority at your place of registration;
• write an application with your own hand;
• attach the required package of documents;
• stand in line to receive it;
• conclude a long-term lease agreement, and after registration of the start of construction work, privatize the site.

Where to submit the collected documentation

The local administration oversees the waiting list for preferential categories of citizens to receive land. A person in need can be added to this list here.

Please note! The distribution of allocated plots among families raising disabled children and citizens with disabilities is carried out by municipal authorities.

Beneficiaries who need to obtain a plot of land can contact the local government authority or directly the Department of Property and Land Relations.

Terms of consideration

After submitting an application requesting the provision of a plot of land, the citizen awaits its consideration. The law allows no more than two weeks for this. Upon expiration of the specified period, the applicant receives a decision on placement in the queue or motivated refusal. In some cases, the waiting period can last up to one month.

If unexpected circumstances “emerge” during the review, then the administration is given no more than 45 days to clarify all the nuances and make a decision. The citizen must be notified of any extension of the deadline for consideration.

Watch the video. Free land for disabled people:

What to do if you receive a refusal

Cases of refusal to provide a plot do occur. What to do if you receive such a decision from municipal authorities? A family with a disabled child or the disabled person himself should file a lawsuit within three months demanding that the refusal be declared illegal.

The main reasons why municipal authorities do not put people on a waiting list:

• the applicant is not in the territory of residence legislative act, under which disabled people can claim free land;
• a citizen does not stand in line for improved housing conditions.

If you see one of the above grounds in the decision of the local government, feel free to appeal it in court. All of them are against the law, and the case will be won.

Remember! The court will satisfy the claim of a person with disabilities and oblige the local administration to allocate a plot of land to him.

How to file a lawsuit

The application is drawn up in accordance with the requirements contained in Article 131 of the Code of Civil Procedure of Russia.

It states:

• the full name of the judicial authority to which the application is submitted;
• Full name of the plaintiff, address, contact telephone number;
• defendant's details: name of authority, address, telephone. The information is provided in full, without abbreviations;
• the citizen’s claim (amount of claim) and the amount of state duty. A reasonable amount of compensation increases the chances of the claim being satisfied in full;
• the circumstances that served as the basis for filing the application. It would not be amiss to mention information about relevant papers;
• evidence confirming a violation of your rights. These may include references to regulations and witness testimony;
• a list of documents attached to the claim;
• personal signature and date.

Important! In addition, the following is attached to the lawsuit:

• receipt of payment of state duty;
• power of attorney if represented by a lawyer;
• the text of the official document, if it is disputed;
• copies of applications to the court according to the number of participants in the process.

If these requirements are not met, the judge has the right to legally refuse to accept and consider the claim. At the same time, time is given to correct and eliminate comments.

If the applicant does not meet the allotted deadline, the paper is considered not accepted and is returned to the originator along with the attachments.

Submit the application to the district court at the place of residence of the defendant or the location of the organization if the claims are brought against a legal entity.

ATTENTION! Look at the completed sample claim for recognition of the right to receive a land plot and recognition of the refusal as illegal:

Russia - welfare state, and care for the most financially vulnerable citizens is enshrined in the country's Constitution. Disabled people are one of the “preferential” categories. To protect their rights, there is a special law “On social protection of disabled people in Russian Federation", also their rights can be enshrined in the legal acts of the constituent entities of the Russian Federation.

One of the measures social support disabled people and people with limited health capabilities is a preferential allocation of land for construction or gardening. In some regions, land can be obtained at a reduced price or even free of charge.

It should be noted right away: neither the Land Code, nor the Civil Code, nor Federal law“On the Social Protection of Disabled Persons” does not provide for the possibility of allocating free land for disabled people of any group. The legislation states that people with disabilities have the right to receive land plots out of priority.

According to Article 30 of the Land Code of Russia, the distribution of vacant plots for construction or gardening occurs using the auction method.