Allocation of land plots to people with disabilities since childhood. Everything about the provision of land plots to disabled people: the procedure for obtaining and sample application

The current legislation does not provide for the free distribution of land plots to disabled people, but for their acquisition of ownership or long-term lease at a reduced price. At the same time, the applicant has a predominant right to purchase, which means that he can receive land out of turn. A detailed description of the procedure for providing sites, their purpose - all this can be found in the material.

Federal legislation guarantees certain benefits for persons with disabilities, including the right to grant land. First of all, federal law No. 181 speaks about this.

Article 17 states that persons with disabilities have a preferential right over other citizens to receive land (we are talking only about those plots that are owned by the state - at the federal or municipal level).

In this case, all possible purposes of use are specified:

• (construction of your own house, where you can live on a permanent basis, all year round);
• private household, garden and vegetable garden;
• country farm.

Therefore, the acquisition of land for commercial purposes is not allowed. The right can be exercised by both the disabled themselves and the families in which they live. It is important to understand that the law does not guarantee free land as such. It's about only about the priority right of a disabled person, i.e. land can be purchased for money, but without participation in the auction (in the 1st stage). Thus, although the price for the plot is lower, it is still provided not free of charge.

Who has the right to purchase land first?

All persons with disabilities enjoy this right, regardless of the group (I, II and III). The group must be confirmed by an appropriate conclusion medical commission VTEK. Also entitled to:

• parents of children with disabilities;
• guardians of the disabled.

The applicant can personally take part in the execution of the relevant documents or apply to the local Administration through a legal representative. They can be parents (including adoptive parents), guardians, as well as persons who act on the basis of a notarized power of attorney.

Selection conditions

Applicants can claim land that is federal or municipal property. The administration forms a queue of citizens who have the right to acquire land. Among them, the disabled are given priority, and within this category distribution is carried out on a first-come, first-served basis. Land can be provided:

• to the property;
• or long term lease.

In the second case, it is possible to privatize the land later, with the consent of the municipal authority.

The selection conditions are as follows:

1. The site can be provided only for those purposes that were declared in advance. For example, it is not allowed to build a capital residential building on land that is allocated for dacha farming.
2. The territory is provided to disabled people with permanent disability. A medical examination takes place annually, so if the group is canceled as a result of the examination, the citizen loses benefits.
3. If it is required to carry out with the definition of the exact boundaries of the territory, separating it from the plots of neighbors, and also to put it, the Administration conducts it at its own expense. That is, the buyer (or tenant) gets the "ready" land, and no additional documents are required.
4. Representatives of the local Administration have the right to check the land even if the disabled person or his land acquired it as a property. For this, a special commission is created, which visits the owner 3 years after the paperwork is completed.
5. If during this period it is revealed that the family is using the territory for another purpose, the site may be confiscated. The relevant decision is made only in court.
6. If it is planned to use the territory for the construction of a house (IZHS), for this the family must be recognized as in need of improved conditions. This is also done in the local Administration. One of the conditions is a small area of ​​​​the apartment (less than 12 m 2 per 1 person) or the recognition of the house where the family of the disabled person lives as emergency.

Step-by-step instructions for obtaining land

To obtain land, you must contact the Administration of the municipality where the land is supposed to be purchased.

Step 1. Collection of documents

First of all, you need to collect a complete package of documents:

• passport of a disabled person (for a child - a birth certificate);
• conclusion on the recognition of disability and the assignment of the appropriate group;
• passport of the parent or guardian, if acting on behalf of the disabled person;
• (can be obtained from the local passport office).

You can also provide additional documents that give you the right to receive benefits. For example, a large family with 1 or more disabled children will have an advantage over other applicants.

Expert opinion

Salomatov Sergey

Real Estate Expert

If the territory is acquired or rented in order to build a capital house on it, it is necessary to additionally provide a certificate stating that the family needs to improve their living conditions. To do this, you need to contact the Housing Department of the Administration in advance: the document is prepared for at least 1 month.

Step 2. Contacting the Administration: sample application

These documents are addressed to the Administration, on the spot they draw up an application (in 2 identical original copies) according to the accepted model:

1. The document is written in the name of the head of the Administration, the applicant also indicates his full name, address and contact details.
2. The text states the request for a site allocation; the address of its location and area is indicated. The basis for the request is stated.
3. Next, you need to describe the list of all attached documents.
4. At the end put the date, signature and decoding of the signature (surname, initials).

One copy is submitted to the employee of the municipal authority, the second is marked with the transfer of documents. From this date, the review period is counted.

Step 3. Waiting and next steps

The waiting period is from 15 to 30 calendar days, in rare cases up to 2 months. The administration must provide a written response, which is sent by mail and delivered to the hands of the disabled person or his family. If a positive decision is made, the applicant immediately proceeds to draw up documents for the land plot. An agreement is signed with a representative of the Administration:

• rent;
• or buying and selling.

Next, you need to register the right of ownership or the right to lease in the branch of Rosreestr. Documents for the plot, the contract, the passport of the owner of the land (or its tenant) are submitted there. Further actions will depend on how the territory is supposed to be used. The simplest case is a private household, a summer house, gardening, because no additional documents will be required.

If a citizen intends to build a capital house, you must first obtain permission for construction from the local Administration. A project is preliminarily drawn up (at your own expense), which can be done both independently and with the help of specialists from private licensed companies.

Expert opinion

Salomatov Sergey

Real Estate Expert

Acquisition of land in the property involves the subsequent payment of land tax. The rate is 0.3% for plots used for personal farming, gardening, summer cottages and 1.5% in the case of the construction of a capital house. The tax must be paid both from the territory owned by the right of ownership and from the leased land. can be established by local authorities, at the federal level this possibility is not provided. Therefore, the disabled person or his representative must obtain additional consultation in your district administration.

Step 4. What to do in case of refusal: judicial practice

Along with the obvious reasons for refusal (not all documents were submitted, there are errors, inaccuracies, damage, etc.), there may be more compelling reasons.

Today, land is not a simple property - it is highly valued. Depending on the status of the site, it can be used for various purposes. For example, as a territory for a garden or vegetable garden or for personal subsidiary plots.

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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Recently, they have been providing great popularity, since they are intended for the construction of residential buildings.

Only wealthy people can afford to buy such a plot in a general manner.

The exception is the preferential queue, which includes the disabled. Unfortunately, the notification system in the regions does not work well, so most of them do not know about their rights.

Law

The land grant program is regulated.

It fixes the main points according to which this category of the population has the right to improve living conditions.

Another normative act is. It provides for the right of persons with disabilities to receive land for personal purposes.

Program

One of the programs of federal significance, developed specifically for the disabled, is the provision of land plots to this group of the population.

It is implemented everywhere in Russia, moreover, additional regional programs have been developed for its timely implementation.

Information about them is not distributed, but you can learn more about this on the official website of the government of a particular subject.

If there is no Internet access or this information is missing, then you will need to contact the administration office.

Foundations

Disabled people are a group of citizens classified as privileged categories. The state takes care of them, trying to create the necessary conditions for living.

There are three degrees of disability in our country - 1, 2 and 3. Are all of them eligible for land plots? Yes, if a person belongs to any group, then he has the corresponding right.

If a citizen is not disabled, but has taken custody or guardianship of a child with a degree of disability, then he is also entitled to a preferential line.

Provision of land plots to disabled people under individual housing construction

Providing disabled people with land plots for individual housing construction - federal program implemented in each subject and throughout the country as a whole.

In this case, certain conditions must be taken into account.

Under construction

Land plots for disabled people for individual housing construction are provided only once. Repeatedly apply for the realization of the right and the citizen cannot.

Exceptions are situations if the land:

• ceased to exist;
• became unusable due to the influence of factors without the will of the disabled person (an example is an earthquake).

In this case, he has the right to a second appeal.

If a disabled person is denied a land plot for the reason that he already has an allotment (purchased for his personal funds), then this is a violation of his rights.

By law, he has the right to the territory in any case.

Conditions

An important condition is the need to confirm the fact of the loss of the previous land plot.

Legislation strictly ensures that disabled people receive only free territory that does not belong to other citizens.

How to receive

The procedure for obtaining a land allotment by a preferential group is easy, since it is devoid of bureaucracy.

The whole procedure is conditionally divided into stages:

1. Collection of documents.
2. Sending the assembled package to the local administration. From there, he enters the office and is considered by the commission.
3. After reviewing the documents, they submit requests to some instances. This is required to confirm the authenticity of the documents provided to them by the citizen.

Until recently, people with disabilities were forced to go through each stage of the procedure on their own. It included collecting documents, standing in lines, filling out all kinds of forms, etc.

Today, all this is simplified, there is even the possibility of using the service in electronic form. To do this, you need to visit the site public services.

Using it, the disabled person receives the necessary list of documents that need to be collected.

Documentation

One of the stages of obtaining a land allotment is the collection of documents.

You need to prepare the following package:

1. Copy and original of the civil passport.
2. A certificate indicating the presence of registration in the subject, it is important that the territory is issued only in the subject where you are registered.
3. TIN certificate.
4. Certificate confirming the degree of disability.
5. Statement.

The package of documents is small, so it is considered in a short time.

Sample Application

The application is one of the key documents that you submit. It must be written in literate language, otherwise it will not be considered.

It is important to mention all the facts of legal significance - this will reduce the time for obtaining plots:

• in the upper right corner when drawing up an application, it is required to mention the body to which the document is sent;
• it is important to provide all the information about yourself;
• indicate in accordance with what right you apply for the territory, your task is to indicate the category of disability.

Rules for compiling a document:

• indicate the signature and number, without this the document will not be considered;
• all information should be presented briefly, but succinctly;
• all information must be indicated on sheet A4;
• The use of a computer is permitted, but the signature must be handwritten.

Timing

Usually, the time for reviewing documents and making decisions is prescribed in advance in the programs being implemented and does not exceed one month.

For example, the time for filing and subsequent consideration of applications in the administration also does not exceed thirty days.

Additional time can be spent sending requests to the authorities and various clarifications.

What to do if they refuse?

If, for certain reasons, the consideration of documents is refused, then the reason is indicated.

This is possible if you are trying to exercise your right to receive a plot a second time.

As a rule, the most common reason for refusal is an incomplete package of documents or the falsity of the information provided.

If the reason for the refusal is not explained, then it is necessary to file a complaint with the prosecutor's office.

Frequently asked Questions

Applicants often have questions related to the process of obtaining a land allotment. We will try to consider the most frequent of them right now.

Where to apply?

Additional amendments are constantly being made to the legislation of the Russian Federation, new programs are being developed to help improve the living conditions of people with a disability category. Thus, on the basis of one such program, persons with disabilities were given the right to receive free land. How a disabled person of group 1 can get a land plot, we will consider in this article.

Grounds for granting allotment

Free issuance of land plots to incapacitated citizens is carried out under a number of conditions:

1. If a person who has serious health problems is indicated in the law "On Social Protection of the Disabled".

The legislative act states that the following persons receive the right to land:

• citizens with any group of disabilities;
• families with a disabled child;
• adoptive parents or guardians involved in looking after a disabled child.

All these persons who have expressed a desire to receive some land for development in order to significantly improve the conditions of personal residence are required to submit documents and be sure to stand in line in their urban district.

1. The territory for the construction of the facility is given to citizens with disabilities by the local authorities, first on special terms of lease, then transferred to the property.
2. Within 3 years of using the site, its owner must begin construction work. With the start of construction, it is re-registered in the property. However, if for a given period of time the construction of the site has not started, then it is returned to the state apparatus. In this case, the beneficiary loses the right to re-provision free of charge.
3. An important requirement for obtaining a plot is to establish the fact of need. A disabled person falls into the category of needy if:

• in his family, each member has less than 12 m2 of living space;
• he has no other apartments.

who received a donation free of charge may use it for the purpose of:

• building a house;
• planting trees and vegetables;
• conducting agricultural activities;
• building a garage.

Note! A land allotment provided to persons of a privileged category shall be withdrawn from the land fund of local or state property.

What are the requirements for a beneficiary?

In order for a person with limited legal capacity to be entitled to a free allotment, the following conditions must be met:

• the presence of a disability of the first, second or third group (the type of disease does not matter);
• the presence of facts proving the extremely poor financial condition of a person;
• the presence of a fact proving the housing problems of a citizen.

Restrictions

Citizens falling into the privileged category, the authorities are obliged to allocate a plot for the construction of a residential building on it. There are no restrictions here. If for some reason the administration refuses, then such a step will be considered an infringement of the rights of the beneficiary.

The Federal Law specifies that allotments provided to beneficiaries free of charge must have boundaries (be separated) and a cadastral number. In addition, they should not be in anyone's official ownership.

If a person with a health problem is the owner of a piece of land, then he does not lose the right received to the land under the program for the support of persons with disabilities.

What documents should be attached in the above mentioned case?

In order to officially stand in the special queue mentioned above for obtaining a specific land allotment, a person with a preferential category needs to submit an appropriate special application to the administrative body and be sure to attach a number of such documents to it, such as:

After 14 days after the submission of the application, the authority provides the needy person with a land allotment. Within 30 days, the recipient must complete the state registration of the site.

Where to apply?

The legislation says that representatives of the city administration are obliged to carefully consider the free provision of land for individual housing construction to persons with limited legal capacity. Therefore, needy citizens will have to submit an application with documents to the Department of Property. Or in the municipality to which the site belongs.

The application must indicate the place where the applicant wishes to receive the allotment, its size and purpose.

Step-by-step scheme for obtaining an allotment

In order to receive a building site from the state for free, a disabled person will need to do the following:

1. Provide evidence that he is poor.
2. Submit an application to the state authorities, express in it the desire to obtain a territory for the construction of a house (the desired area and purpose are specified).
3. Gather all necessary documents for the occasion.
4. There is an official line-up.
5. Land is being acquired. The person becomes a tenant and receives the right to further its redemption.
6. In case of refusal, a complaint should be filed with the court.

Current questions and answers

• Question 1. As an incapacitated person who has the first disabled group and moves to wheelchair, to apply for a building plot if it is not possible to come to the municipality on your own? Answer 1. In this situation, the application can be submitted through a representative. To do this, the representative will need a notarized power of attorney for the right to represent the interests of the person in need in local authorities.
• Question 2. How to be an incompetent citizen if officials have announced a refusal to him? Answer 2. Often, those in power refuse to grant land free of charge, referring to its absence in a given area. Or they refer to the fact that the person is not in need of land and does not feel the need to improve their living conditions. These reasons for refusal are illegal, therefore, they are subject to appeal in court or in the prosecutor's office itself. Within 3 months after receiving the refusal, the applicant should file a complaint with the court.
• Question 3. When registering the right to land, will the beneficiary need to pay a state duty? Answer 3. No. The program to support citizens with disabilities does not imply the payment of state duty when obtaining a building site under the state program.

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Law "On social protection Disabled Persons” dated November 24, 1995 No. 181-FZ provides for the right of such citizens to receive a land plot for individual housing construction, farming or gardening as a matter of priority. But in order to exercise this right, a number of conditions must be met and certain procedures must be followed.

Let us consider how the provision of land plots to people with disabilities takes place and what difficulties may be encountered in this process.

Grounds for allocating a land plot to a disabled person

Conditions for the allocation of land plots to the disabled

1. The allocation of land plots from the land fund owned by local governments or the state takes place in the order of priority from citizens who have the right to receive land in an extraordinary manner. Both citizens with disabilities themselves and their parents, guardians or adoptive parents can get into it.
2. The allocation of land is made into ownership or long-term lease. The second option involves the possibility of acquiring ownership of the site in the future. The form of transfer of land is determined based on the purpose of use and the desire of the applicant.
3. All lands have their purpose, suggesting their specific use. If it turns out that the site is not used for its intended purpose, then the administrative commission has every right to impose a fine under Art. 8.8 of the Code of Administrative Offenses of the Russian Federation.
4. it is possible if the participant of the preferential category or his family really needs to improve their living conditions. This can manifest itself in the lack of living space for each family member (less than 12m 2 per person) or in the inconsistency of housing with sanitary and technical standards where the citizen lives.

The procedure for allocating a land plot to a disabled person

The order in which the provision of land plots to the disabled differs little from the general one.

You need to do the following:

• submit an application to the local administration for the allocation of a plot, where to indicate its desired location and purpose of use, attaching documents confirming that a citizen or a member of his family has a disability;
• choose a site from the existing ones or those being prepared for allocation;
• collect and submit the necessary documents;
• get a decision on the allocation of land;
• conclude an agreement with the local administration on the sale or lease of a land plot;
• register your title to the property.

Refusal to grant land

Legitimate reasons to refuse to allocate a land plot can be.