Providing a land plot for rent to a disabled person. Do they provide land for individual housing construction for people with disabilities? The procedure for obtaining an allotment

Social programs developed at the state level provide for a number of preferences for people with handicapped, including in terms of gratuitous allocation land plots. To send a request to provide a site to a disabled person of group 1, 2 or 3, it is not necessary to come to the reception in person or take part in the auction.

A family member of a disabled person or a representative whose authority is confirmed by a notarized power of attorney has the right to draw up documents for obtaining an allotment of land. Land plots are provided to people with disabilities on the basis of lease agreements or allocated for individual development.

Preferential acquisition of land plots is possible for the following purposes:

• placement of suburban buildings;
• gardening and horticulture;
• construction of an individual residential building;
• maintaining personal subsidiary plots;
• placement of auxiliary premises.

Right to preferential receipt land plot provided to all people with disabilities, regardless of the category of disability and the severity of the disease. Disabled people of groups 1, 2 and 3 have equal opportunity for the acquisition of land within the framework of the state social program.

But under these circumstances, an important point must be taken into account: a disability group must be obtained on an ongoing basis. Otherwise, the citizen is not entitled to claim the free allocation of a plot of land on this basis.

But in any case, submit an official application to the municipality, since the decision is made based on the specific situation. In addition, various nuances of obtaining land within the framework of preferential programs can be indicated in the regulatory acts of regional significance.

Therefore, the circle of applicants for the free provision of land can be expanded within the framework of resolutions and orders at the local level.

The fundamental issue for obtaining land free of charge is registration and collection required documents confirming the status of a privileged category of citizens.

Please provide the following information when contacting your local authority:

• the desired location of the land allotment;
• availability of grounds for obtaining a site (disability of the corresponding group);
• the intended purpose of the land allotment;
• petition for opportunity free provision land without an auction;
• possible legal basis for the use of the land plot for own needs.

If you have evidence of a complex financial situation, then be sure to attach them (certificate of job loss, document on the need for expensive treatment, loss of a breadwinner, etc.).

Accompany the application with the following documents:

• a certificate substantiating the presence of an appropriate disability group (conclusion of a special medical commission);
• a copy of the certificate of registration with the tax authority;
• document on the composition of the family;
• a copy of the child's birth certificate;
• a copy of an identity document;
• income statement;
• documents confirming the difficult financial situation of the applicant (the presence of dependents living together with the applicant, a document on the lack of income).

The term for consideration of the above documents in accordance with the requirements of the legislation does not exceed 30 days. In practice, the response from the municipality comes within two weeks.

If there are circumstances in the case that require additional clarification and the provision of supporting certificates, deadline consideration of documents can be extended up to 45 working days.

On the need to extend the period for verification of information substantiating the possibility of obtaining a plot of land, the applicant in without fail is informed.

If the submitted documents meet the requirements of the law, then the municipality includes the citizen in the queue of beneficiaries awaiting free provision of land.

The procedure for obtaining land for persons with disabilities is absolutely free of charge. As part of social support unprotected layers of citizens, the disabled are exempted from paying the state fee for registering land rights.

Recall that for all other categories of citizens who do not fall under preferential categories, the amount of the state fee is 1000 rubles.

If there are real reasons (the presence of a confirmed disability group granted for life), then you have every chance to acquire a land plot for free, based on the desired purpose (construction of a residential building, maintenance Agriculture etc.).

pay attention to legislative framework your region on the allocation of land plots within the government programs on social support to the least protected categories of citizens. Each specific region has its own characteristics of providing land plots to preferential categories of citizens.

The allocation of land on a free basis is not an obligation government agencies. State support for the poor and socially vulnerable citizens is allocated based on the possibilities of the region's budget.

How to get a land plot for a disabled person of the 2nd group

Citizens with disabilities of the second group have the right to count on free land plots on an equal basis with people with disabilities of the first and third groups. The priority for preferential provision of land plots is not divided into categories of diseases, citizens of the first disability group do not have preferences over representatives of the next two groups.

The algorithm of actions for obtaining a plot of land free of charge for disabled people of the second group is as follows:

• prepare medical documents confirming the assignment of a degree of disability;
• submit an official appeal to the local self-government body with a justification of the position on the need to allocate a plot of land free of charge;
• get a response from the municipality (under the current legislation, decisions on preferential provision of land plots are made by local authorities within a period not exceeding one month);
• if yes, collect a package of documentation for registering land rights with the Rosreestr authority.

How to get a land plot for a disabled person of group 3

The legislation does not provide for separate requirements for the allocation of free land plots for representatives of the third disability group. The procedure for obtaining land for all categories of disabled people is identical.

In order to correctly file an application for an allotment, follow the following instructions:

• write an appeal to the municipal government body (in the text of the appeal, indicate the desired location of the site, the intended intended use, the difficulty of the financial situation for self-acquisition of land);
• provide the authorized body with the necessary personal identification information (passport data, taxpayer's individual registration number, a copy of the pension certificate);
• send an officially issued conclusion of the medical commission on the presence of a disease, which is the basis for assigning the third group of disability to the applicant.

The procedure and conditions for the free provision of land plots are determined at the level of regional legislation.

Federal regulatory authorities do not provide for an obligation for local governments to allocate land free of charge. This issue is decided by the regional authorities based on the financial capacity of the regional budget.

Features of obtaining land by disabled people are as follows:

• disabled people have a priority right to free land plots in comparison with other preferential categories of citizens;
• in some cases, local authorities may determine the cost for obtaining land allotments (the income of a disabled person is higher than the average for the region, the disabled person has real estate on the right of ownership and is not in need of improved living conditions);
• a representative of a privileged category of citizens has the opportunity to challenge the refusal of the municipal authority to provide a site free of charge by sending evidence of their privileged position (the need to improve housing conditions, low level income, high cost of treatment, etc.).

Provision of a land plot is a procedure for its transfer to a citizen for use for predetermined purposes. Land Code Russian Federation(LK RF) establishes the compensated nature of obtaining an allotment.

There are two ways to acquire land: auction or buyout. According to the rules of the auction, the property is transferred to the participant who offers the highest price. When redeeming the allotment, the cost of the allotment is determined by local self-government bodies.

For social support of people with disabilities and other categories of citizens, the state has provided benefits when allocating land to them.

The mechanism for the preferential provision of allotments is enshrined in Articles 39.5, 39.19 of the Land Code of the Russian Federation and in Federal Law N 178-FZ “On State Social Assistance”.

Who can claim free

Regions independently determine the categories of citizens who are entitled to count on benefits when.

The list of beneficiaries in most subjects includes:

• large families;
• Young professionals;
• families that include people with disabilities;
• orphans;
• participants in hostilities.

Programs have been developed for people with disabilities to make their lives more comfortable and easier.

What regulates the procedure for granting plots

The provision of land plots to persons with disabilities is regulated by Federal Law N 181 “On social protection disabled people” (art. 17).

Participation in the auction deprives a person with a disability of the right to receive an allotment free of charge. By law, a person with disabilities has the right to receive land without waiting in line.

Legislation allows you to use the benefit only once. The exception is cases of destruction of the site as a result of natural disasters.

What are the mandatory conditions for the transfer of land

The allocation of plots is carried out by local governments. This requires several conditions to be met:

• the plot is provided for ownership or for rent (read:);
• the allotment cannot have encumbrances and restrictions;
• land is used in accordance with its intended purpose;
• a plot is allocated for individual housing construction (IZHS) in a situation where it is necessary to improve living conditions.

People with any disability group can apply for a grant.

The following requirements apply to land applicants:

• the presence of Russian citizenship;
• residence in the region over the past five years;
• providing medical documents indicating the group of disability;
• full capacity.

Help for children with disabilities is enshrined at the legislative level. Small citizens have the right to provide a plot on an equal basis with adults.

In such situations, parents apply to the local administration in the interests of the minor. After the child turns 18, the ownership of the land passes to him.

If a person with disabilities has been declared incompetent, then his guardians can apply for the allocation of land, if necessary.

What are the requirements for the area of ​​​​the site and for the purposes of use

Article 7 of the Land Code of the Russian Federation establishes the division of land territories according to their intended purpose. For violation of the purposes of exploitation of land resources, administrative and criminal liability is established.

Land for the disabled is provided free of charge for the following tasks:

• gardening (gardening);
• housekeeping;
• building a garage
• construction of housing.

Plots are allocated from territories that meet the requirements of land legislation.

The minimum area of ​​the allotment, depending on the purpose, is:

• 4 acres- under the garage or garden without buildings;
• 10 acres- under IZHS;
• 12 acres- for gardening with the construction of a house;
• 15 acres- for private farming.

In various regions, the size of the plots is determined by local regulations.

Allocated land must be used strictly for its intended purpose. For example, you cannot build a residential building instead of a garage, or run a farm instead of a subsidiary.

The algorithm of actions for obtaining a land plot by citizens with disabilities is almost the same as the general procedure:

1. Collect documents.
2. Make a statement.
3. Contact your local government.
4. Get a decision on the allocation of land.

The municipality is responsible for site selection.

Sample filling and methods of applying

The law does not provide for a strict application form for granting a land allotment free of charge. The application can be handwritten or typed on a computer.

A sample application for granting a land plot to a disabled person is possible.

The application form must contain:

• personal data of the applicant (last name, first name, patronymic, address, contact phone number);
• purpose of using the site (construction, farm, garage);
• area of ​​location and size of allotment;
• indication of the group of disability;
• list of attached documents;
• signature.

The application is sent to the land committee (department, department) of the local administration.

An application may be submitted in the following ways:

• personal appeal;
• legal representative of a minor;
• guardian of an incompetent person;
• registered letter with notification;
• social worker by proxy.

An applicant who is unable to move without assistance may submit an application electronically. To do this, he needs to use the website "Public Services".

Required documents

Before making an application, you should prepare papers confirming the right to a benefit. The package of documents includes:

• identity card (passport);
• certificate of permanent registration;
• TIN certificate;
• conclusion of the ITU or VTEC on the assignment of the group;
• proof of income (optional).

The family, which includes a disabled child, encloses a copy of the birth certificate.

Submission procedure

Registration of benefits and subsidies involves visiting many instances. The procedure for free provision of land to persons with disabilities is carried out according to a simplified scheme.

What happens after applying

After registering an application for allotment of allotment, a special commission of the municipality checks the authenticity of the documents. If the application is made without errors, the needy person is placed in the queue.

The priority is determined on the basis of federal and regional regulations. Upon completion of the checks, the commission adopts a resolution on granting the site or refuses the applicant. If there is free land, the applicant is invited to choose an allotment. The municipality is obliged to carry out actions on and allocation of boundaries at the expense of the local budget.

At the next stage, the disabled person receives a decision on the provision of a site. Based on this decision federal Service registration (Rosreestr) issues a certificate of ownership. If the purpose is the construction of a residential building, then a lease agreement is drawn up. In the next three years after the allocation of land, the tenant is obliged to begin construction.

Why is land denied?

The official response of the commission is sent to the applicant in writing.

The main reasons for refusal are:

• inaccuracies in the application and documents;
• lack of a site that meets the requirements;
• a citizen with a disability does not need to improve their living conditions;
• re-application for a preferential allotment.

If errors are found, it is necessary to re-compose the application, check the documents and re-apply to the municipality.

If the applicant is denied on grounds not related to the execution of the application, then he can appeal the answer to the prosecution authorities or to the court.

How long does it take to review

Russian land law(Article 39.17 of the RF LC) determines the exact terms for granting plots to disabled people:

• no more than 10 days - verification of the application for correctness;
• no more than 30 days - consideration of the issue of land allocation.

If a positive decision is made, the disabled person is included in the preferential queue. Otherwise, the documents will be returned to the applicant.

Arbitrage practice

Each case of failure is individual. Programs for granting land to persons with disabilities in different regions may vary. It is impossible to predict what the verdict of the court will be.

The administration of the city of Lobny MO refused to allocate land for individual housing construction in the city to a disabled person of group 2 A., offering to take part in the auction. A. appealed to the court against the actions of the city administration.

The Lobnensky City Court found that A. did not own housing and ordered the municipality to provide him with a plot free of charge.

In another situation, the Kirovsky District Court of Novosibirsk refused citizen B., who was acting in the interests of the incompetent V. The judge found out that V. was not on the housing register. In addition, V. is the owner of the apartment. The decision of the city administration was upheld by the court.

However, practice shows that in 95 lawsuits out of 100, judges decide in favor of a person with disabilities.

The state takes care of the rights of the disabled - it provides them with land plots.
A few years ago, Russian land legislation underwent major changes. Innovations have established new rules for granting land plots to citizens. Now, all those who wish can obtain land plots for ownership or use under a lease agreement from municipal or federal lands, only by taking part in public auctions, where the property is acquired by the person who offered the highest price. However, it should be noted that the state has protected in this matter the rights of people belonging to the privileged category of the population - these are the disabled. These citizens constitute an exception in the equalization of rights on this issue.

Citizens with disabilities should know their legal rights and enjoy them fully

current the federal law"About the social Protection of Persons with Disabilities” in its 17th article gives a full explanation of this issue. The article says that persons with disabilities and families with children with disabilities should be registered by local authorities in order to ensure their improvement. standard of living. The authorities are solving this issue by giving priority allotments for the construction of residential buildings, for dacha buildings, for personal subsidiary farming, for growing a garden and a vegetable garden, and for building a garage.

The Land Law considers general rules that explain the conditions for allocating plots to citizens for housing construction. So article 30.1 of this code in its subparagraphs explains that the sale of land plots intended for housing construction, as well as the sale of rights associated with the conclusion of a lease agreement for the use of a certain plot of land for the purpose of its further development, is carried out on equal terms and conditions for all participants in the ongoing trading authorities. However, the Law aimed at social protection of persons with disabilities provides for an exception for this category of citizens, which consists in granting them the right of priority to receive land real estate from the state for ownership or lease use.

Holding an auction rejects the very principle of providing land plots put up for sale out of turn, since this event provides for the observance of certain conditions, namely, the payment of a deposit, the land plot is sold at highest price. The Supreme Court of the Russian Federation directly pointed out that participation in the auction does not allow the privileged category of the population to exercise their right granted by the state within the framework of the law. Therefore, public auctions should not act as an instrument for granting land to persons with disabilities.

Who is obliged to deal with the issue of providing the disabled with land?

In accordance with the LC Art. 29 the duties related to determining the procedure for granting plots to citizens and legal entities, as well as the implementation of this procedure, are assigned to local governments within their competence. The inaction of these bodies in accordance with the Federal Law on social. protection of persons with disabilities cannot act as a basis that leads to the deterioration of the rights of citizens with disabilities.

The law does not consider any restrictions related to the priority allocation of land to persons with disabilities. Plots for this category of citizens must be formed and defined within the boundaries. In the event that there are no plots with formed boundaries, then this cannot be a reason for refusing to provide land to a person with a disability. The Land Code explains that municipal authorities are obliged to carry out boundary work at their own expense, complete the boundary case and put the site intended for the disabled on the state. cadastral registration.

The authorities refuse to fulfill their duties. What follows?

In the event that the authorities evade the fulfillment of their duties in terms of providing persons with disabilities with land for housing construction, gardening and other things, or are inactive, the court will decide in favor of the disabled person and oblige the municipal authorities to carry out all work at the expense of municipal budget. Therefore, it is necessary to take a written refusal to allocate a site, file a complaint and challenge the refusal in court.

Are there any restrictions on the allocation of land to persons with disabilities?

The rights of persons with disabilities in the field of priority in obtaining land cannot be limited. It is enough that the preferred site is considered free, that is, it should not be in the possession of third parties. This right is reserved for a disabled citizen even if he already owns land plots.

What documents will a disabled person need when obtaining a land plot?

The first step is to file an application with the local authority authorized to deal with the problem. The application must indicate the purpose of using the land, the desired location and the right of ownership. The application is accepted in the presence of the following documents:

The original passport of the disabled person is presented for visual inspection, its copy is submitted;
Certificate of registration of the applicant;
Certificate of registration in tax office as individual;
Reference medical and social expertise on disability (certificate of the ITU series).

The land legislation of the Russian Federation provides for the free allocation of land plots for certain categories of the population. As a rule, these are people who have great services to the state or are poor, for example. One of the categories that may qualify for the allocation of land is the disabled.

The corresponding law on the provision of free land under the number 181 was adopted back in 1995. But getting a site for a disabled person, land benefits - these issues did not become quite simple even after the law was passed.

The process itself, when land plots for the disabled are provided, provides for the fulfillment of certain conditions, so not even all of this category will be able to become landowners for free.

How is the provision of land plots to people with disabilities carried out, can all disability groups use the benefit, what documents are needed for the application? This is important questions, information on which will be useful and relevant.

Foundations

Without benefits, land plots are provided on a paid basis. If there is no large amount, the land can be leased. More opportunities for land use gives, of course, the purchase of land at auction.

But there are socially unprotected categories of the population to whom the state can provide allotment free of charge. After all, it is difficult for a person who is limited in his abilities, in employment and income generation, to collect necessary funds to buy land, rather expensive real estate. Therefore, the state decided how a disabled person of the 2nd group can receive a land plot.

ATTENTION! The law "On Social Protection of the Disabled" contains such a provision, as well as some other legislative regulations. In the social protection service, a disabled person should be informed about all the opportunities, benefits that he will receive with the assignment of a disability category.

The land is issued for several purposes of use. On the site received free of charge, a disabled person can:

• build a house;
• build utility rooms;
• run a private household;
• engage in gardening or horticulture.

A free site can be provided to the disabled person himself or to the family that includes such a person.

Important for the privileged category is the information that not only land plots for the disabled are provided free of charge, but also services for surveying these plots, for cadastral registration.

This is a significant help for the disabled, as a low-income category, since in other cases the buyer of the site covers the costs. People with serious health problems have to spend a lot of money on treatment, medicines, and rehabilitation. Therefore, state assistance in obtaining land, its registration is significant.

Persons who are responsible for the provision of land, its registration, must necessarily comply with these requirements of the law. They are obliged to check the fact that the land for individual housing construction or private household plots does not belong to anyone, is free.

Conditions

1. Allocated to disabled people, including children, on a gratuitous basis, land that belongs to the municipality or the state. There should be a queue of those who are entitled to land under benefits. Disabled people with disabilities themselves, their guardians or adoptive parents, and parents are put in the queue.
2. Land for disabled persons, adults or children, is given free of charge for a long period of time for rent or for full ownership. Even if the site is allocated for rent, then the disabled person will be able to privatize it.
3. How is it transmitted for free land allotment, depends on what the owner needs the land for.

Land can be taken away even from a disabled person if, for three years after the allocation, the owner does not engage in any activity on it, does not begin construction. Is there always a land plot for the construction of a preferential category?

If a disabled person has normal living conditions, if he does not need to expand his living space, an application for granting an allotment for individual housing construction may be rejected. The land is set aside for such a purpose in the case when the family has less than 12 sq. m per person. m or the house where the disabled person lives is in disrepair, is not safe.

The order of the procedure

You can get information on how to apply for land at the social security service, at local authorities, at the services that deal with the allocation of land. The procedure is not difficult, but you need to follow it exactly.

• First, an application is submitted to the local government. A sample application for a land allotment can be obtained there. The application must indicate the desired location of the allotment.
• Information is also needed on how the site is planned to be used. For the body that will allocate the territory, it is important to know whether there will be a house or a garden, a kitchen garden.
• The applicant may be provided with a list of sites and their location. You need to choose the most suitable one that meets most requirements.
• For the land allocation procedure, you will need to prepare a list of certain documents. You can check the list in the same municipality.
• Further, the issue is considered in the local administration, a positive or negative decision is made. Since the allocation of land to a disabled person is based on special legislative acts, a negative decision is made in extremely rare cases.
• The decision of the municipality will become the basis for issuing a cadastral passport and other documents.
• The new owner must also issue a certificate of ownership of the free land allocated by the state.

Reasons for refusal

There are only a few reasons when the local administration has the right to refuse a disabled person's application for a free land allotment.

1. The applicant, even if he belongs to the preferential category, may already have a land plot. In this case, the other is not allocated to him.
2. Another reason is the lack of free land in the area indicated by the applicant.
3. Also, a land plot for the construction of a private house will not be issued if the existing living conditions meet the standards in terms of area and quality.

If the local administration makes a negative decision and rejects the request of a disabled person to allocate land, the applicant has every reason to apply to the prosecutor's office or court to protect his legitimate interests.

ATTENTION! You need to have a written refusal from the municipality to provide a free site.

Changes in legislation

In recent years, there have been no innovations or changes in matters relating to the provision of sites to disabled people on a free basis. Therefore, representatives of the preferential category can easily apply to local governments by collecting documents. If you have questions, you can contact an experienced lawyer in land matters for clarification.

Nuances

• In each subject of the Federation, a program is being implemented, according to which land is allocated to the disabled.
• The land is issued once. If a person with a privileged category has already received a free allotment, there is no need to waste time and apply again with an application for a plot - it will be rejected. The exception is situations when the quality of the allotment falls, it becomes unsuitable for construction or gardening. But the fact of damage to the land must be documented.
• If a disabled person previously bought a piece of land at his own expense, he has the right to receive another one free of charge from the state.
• When allocating land to a child with a disability, the main thing is to respect his interests. The procedure involves not only a commission from the local government, but also a representative of the guardianship authority.

Required documents

1. You will need a civil passport confirming your identity.
2. A document that proves the fact of registration in the given territory of the subject. After all, the allotment is allocated only at the place of residence.
3. A document confirming the disability.
4. TIN certificate.

If the parents of a disabled child or his guardians are involved in obtaining land, more documents will be needed that indicate family ties or other relationships.

Disability benefits are a significant government assistance to those who have serious problems with health, who are limited in their physical abilities. When applying for a disability group, you should always be interested in what types of assistance you can get.

The Federal Law “On the Social Protection of the Disabled” states that people with disabilities and families who have a disabled child in their care become beneficiaries who are entitled to receive a land allotment.

The site can be provided for the following purposes:

• housekeeping;
• construction of a private house or cottage;
• gardening;
• construction of a garage, a shed for storing inventory and other premises.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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It is not allowed to place on it industrial type enterprises and other commercial organizations. The territory of IZHS is intended for the construction of residential buildings.

Existing grounds

To get a land plot for free, you need to enter preferential category citizens.

If the tenant does not lay at least the foundation of the future house within a given period of time, then he automatically loses the right to use it.

At the beginning of construction or the construction of a house, you can put on.

Under development

A land plot is provided to beneficiaries only once in a lifetime. You cannot reapply for the privilege.

This also applies to those cases when the allotment was transferred to, but three years later construction did not begin on it.

Taking advantage of their right to receive land, re-applying will not bring the desired result.

But this condition has exceptions:

Legislation carefully monitors the provision of benefits to persons with disabilities. They should be given only free territory, devoid of other owners and encumbrances.

The land is leased and then owned by the disabled person, not his relatives.

It is also forbidden to divide the plot between spouses, even if they are both beneficiaries.

In this case, they are entitled to two lands per family - each receives an allotment.

The situation is different with the transfer of land to a family where a disabled person is brought up.

Parents receive a memory and are required to start construction as soon as possible.

After the child reaches the age of majority, he becomes the owner of the allotment.

Obtaining procedure

It takes place in 4 stages:

A disabled person can order all certificates through the State Services website without leaving home. You will have to receive them on the spot after presentation.

If, for health reasons, he cannot independently deal with registration, his representative can do this.

To do this, it is written and certified by a notary. Additionally, you will need to obtain from the doctor about the applicant's state of health.

Collection of documents

These include:

1. Civil passport and a copy.
2. Conclusion from VTEK.
3. from the place of registration.
4. An application that indicates the degree of disability and the right to receive a memory under the law.

If the beneficiary is a child under the age of 18, then the family can exercise their right to receive a plot.

To do this, you need to write to the local administration and attach to it:

When applying for land for a disabled child who is in the care of foster parents, it is necessary to present documents establishing the relationship with the applicant.

The necessary information about the natural parents is indicated in.

Sample Application

Compilation order:

If errors or shortcomings are found in the application, it will need to be redone and re-submitted with the documents.

The application is filled in by hand, it is signed, decoded and dated. Without these data, the paper is considered invalid.

It is allowed to submit an appeal printed on a computer, but with a mandatory affixing of a manual signature.

Terms of consideration

If the documents are collected in the required quantity, the application is written correctly, then the decision is made after 14 days.