How to get a plot of land from the state for a third child

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Published: December 30, 2016

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By Russian standards, a family in which a third child has appeared is classified as having many children. Today in Russia there are already more than 3 million families that are recognized as having many children.

At the same time, their number increases annually by 120 thousand families. The main problem that almost every large family faces is cramped living conditions.

In 2012, the Government developed comprehensive measures to support large families.

Improving their living conditions was identified as a priority. From now on, families with three or more children have the right to receive it for free use.

• Legislation
• Conditions for obtaining a plot of land for a third child
• Required documents
• Application procedure Stage 1. Submitting an application
• Stage 2: Queuing
• Stage 3. Obtaining land
• Stage 4. Obtaining a certificate of ownership

Legislation

According to the law adopted in 2012, not only those families into which a third child was born after the adoption of the law, but also those who acquired the status of large families before 2012 have the right to claim land.

Those. the legislation has retroactive force, unlike the law on maternity capital.

At the same time, only basic standards are determined at the federal level

allocation of land to large families, while detailed conditions and regulations are determined at the municipal level. Therefore, at the regional level, land was not always issued in 2012, since not everyone had time to organize the work of authorized bodies and adopt all the necessary regulations by that time.

Children in a family can be either natural or adopted. Single-parent families also have the right to a plot.

It is worth considering that a gratuitous allotment is allocated to a family only once. This means that if a family has exercised its right to receive a plot for the third child, land will no longer be provided for the fourth.

Families are given ownership of a plot of land for individual housing construction with a size of 0.15 hectares.

The average plot size is 6-10 acres.

Initially, it is leased to them for a period of 10 years, and only after the construction of a house there, the family receives the right to transfer the plot into ownership free of charge.

Plots of 15 acres will most likely be located outside the city limits, since one of the objectives of the bill is the comprehensive development of rural areas.

For example, land is not provided in Moscow and St. Petersburg, but it is possible to obtain it in the region.

When creating standard conditions for obtaining land in the regions, the demographic situation, the availability of vacant plots and other parameters are taken into account. Thus, some regions require family residence on their territory for at least a year, others - three or five years.

Some subjects are ready to immediately transfer the land into common ownership of the family, without waiting for the construction of a house there.

Other Russian regions are not limited to allocating land for individual housing construction and are ready to provide land for private plots, livestock farming, and summer cottage construction.

Some are ready to give out plots even to large families who already own another plot.

Other regions provide land for individual housing construction only to those families that have been officially recognized as in need of improved housing conditions.

Therefore, to find out the regulations and rules for the provision of land in a particular region, you need to contact the municipal structures authorized for the distribution of land or look for the required regulatory document on the official website.

According to the law, the list of plots for individual housing construction is published in municipal publications, and is also provided at the request of citizens.

In some regions today there is a difficult situation with vacant plots. Therefore, the authorities simply provide large families with monetary compensation for a benefit that is inaccessible to them for objective reasons. But the recipients of the cash payment themselves speak about its disproportionately small size: the funds received will not be able to improve their living conditions or even purchase a small plot of land for gardening.

Briefly about the main thing

Large families in the Russian Federation have many preferences, including the opportunity to receive free land in their region. It can be used for various purposes, including residential and country construction. The procedure is regulated by local authorities. The final decision is also made by the local municipality.

This is a great social program that can help families in need, but in practice there are many pitfalls that can cloud the prospect of obtaining housing. Therefore, before submitting an application, it is worth considering all the features of registration of plots for large families in the Moscow region, and assessing the profitability of the solution.

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Conditions for obtaining a plot of land for a third child

To receive a land plot for a 3rd child, a family must meet a number of conditions.

Among them are the following requirements:

• All family members must have Russian citizenship and have lived in the region for at least five years.
• The age of three children should not be more than 18 years old at the time of filing the application (if one of the three children has already become an adult, the family will not be recognized as having many children).
• Parents must be officially married and live together, but plots can be allocated to single-parent families. At the same time, the parent from a large family with whom the children actually live can claim land.
• Family members should not own/own other plots for life (optional).
• Children must be natural or adopted; those under guardianship are not included in the total number of children.

The plot can only be obtained once.

Is it possible for a large family to immediately acquire land ownership?

It will become easier for large families registered in the Nizhny Novgorod region to obtain land that can be used for the construction of a residential building: Governor Gleb Nikitin introduced a bill proposing changes to the procedure for providing land plots.

Now the law provides ownership of a plot of land for the duration of the lease agreement or for the duration of the construction of a residential building. The existing conditions turned out to be far from ideal, since there are many examples where people did not have time to complete construction within the allotted period, eventually losing their land and becoming debtors. Therefore, the ministry responsible for property relations presented a version of the bill, according to which families with a large number of children will immediately begin to receive an allotment of property without the obligatory condition of signing a lease agreement.

The authorities of the Nizhny Novgorod region are faced with the task of providing allotments until 2021 for all large families registered before the beginning of 2021. Next year, about 1,700 plots will be allocated, which is about 40% of the total number of families in the queue. The region's leadership has no doubt that there will be no problems with the distribution of territory, and there will be enough land for everyone.

If the law is adopted, the likelihood of which is very high, the site can be used as collateral, and the process of obtaining a construction loan will be significantly simplified.

Required documents

To obtain a plot, a family must collect a set package of documents. These include the following:

• personal documents for each family member: passports, birth/adoption certificates;
• marriage certificate (this applies only to two-parent families);
• an extract from the house register/certificate of family composition (these can be obtained at the passport office at the place of registration);
• a certificate from the guardianship authorities stating that the parents were not deprived of parental rights/the adoption was not cancelled;
• certificate of the family having large status;
• a certificate from the local administration stating that the family has not previously exercised its right to free land.

Along with all the specified documents, you need to contact the municipal body authorized for the distribution of the allotment and write an application.

At the same time, the regions have the right to request additional documentation.

It is also worthwhile to dwell on obtaining a certificate for a large family, which will allow you not only to apply for a free plot, but also for other benefits. To obtain a certificate, you must contact the guardianship authorities or the social security service.

You must have with you a certificate of family composition (which confirms living together with children in the same apartment/house), a marriage certificate (if available), three birth certificates and parents’ passports.

Registration procedure

Let's look at the key stages that a large family needs to go through to obtain free land ownership.

Stage 1. Submitting an application

Land is allocated on a first-come, first-served basis.
To be placed on a waiting list, any adult family member can contact the social security department, the committee on land or property issues, the municipality or other government agency authorized to solve these problems. Here an application for the allocation of land is written and all collected documents are attached confirming the family’s compliance with the criteria for receiving free plots.

Usually it takes no more than a month to check documents and place you in line.

If additional proceedings are necessary, it may take up to 2 months to review the application.

Stage 2: Queuing

After consideration of the application, a notification of the decision made indicating the case number (placement in queue or refusal) will be sent to the specified address.
Using the number indicated in the notice, applicants will be able to receive up-to-date information about their number in the queue and its progress. This can be done in person by contacting the municipality or electronically (if such a technical capability is available in the region).

Usually, at least a year passes from the moment of placement in the queue until the land is allocated. It all depends on the availability of vacant plots in the municipality.

Stage 3. Obtaining land

After the turn has come, the applicant will be able to receive documents for his land plot. In the future, he will need a cadastral passport for the plot.

To do this you need to perform a number of procedures:

• conduct topographic survey;
• coordinate all the nuances of the resulting topography with the architectural department; land surveying.

All of these procedures may take up to 3 months. It is worth noting that they are by no means cheap. Only for topographic survey you will have to pay 7,000 rubles. In many regions, all costs are borne by the regional budget.

Then all received documents are transferred to the local cadastral office to obtain a passport.

This will take about 20 more days.

Stage 4. Obtaining a certificate of ownership

Land can be allocated on two grounds:

• under a lease agreement;
• into common ownership.

In the first case, a lease agreement for land under individual housing construction is registered in Rosreestr for a period of 10 years. After building a house there and receiving a certificate of ownership for it, you can draw up documents for the site under construction.

When transferring land into ownership with a title document (decision on the provision of a plot), passports and cadastral passport, you can immediately go to Rosreestr to legitimize your rights to the land.

Application for allotment

In accordance with Article 39.5 of the Land Code, families with three or more children may be offered a land plot for use.

Advice! The required documents for the provision of a land plot and the completed application should be submitted to a special department of the local administration.

The application does not need to be notarized. You only need to register the receipt of all documents with the local administration. You can create it yourself or use a special form:

1. The header of the application indicates in whose name it is being drawn up and to which organization it is being sent. Next, enter the applicant’s details: full name, passport, registration, contact phone number.
2. The text of the document records a request for the provision of land and necessarily records the purpose of its use. For example, individual housing construction, gardening, country house construction.
   When allocating land territory, the category of land must correspond to the specified purpose of use.

   I ask you to provide a plot of land for individual housing construction. (In this case, the land must be separated from the category of land in settlements.)

   I ask you to provide a plot of land for summer cottage construction. (Here we consider the category of agricultural land.)

3. The application must list all family members, indicating the degree of relationship and the date of birth of the children.
   • Popov Alexey Petrovich – father;

   Popova Maria Viktorovna – mother;

4. Popov Gennady Alekseevich - son, date of birth 07/05/2005;
5. Popova Vera Alekseevna – daughter, date of birth 02/12/2008;
6. Popov Dmitry Alekseevich - son, date of birth 02/15/2010.
7. A register of all documents attached to the application for obtaining land by large families is listed.
8. The registration date and signature of the applicant are indicated.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 350-29-87

When can a third child be denied a plot?

Local authorities may refuse an application received from a large family.

The most common reasons for granting a refusal to applicants are:

• providing false (inaccurate) information;
• non-compliance with the requirements for applicants;
• absence of any mandatory document from the list;
• The family had previously been allocated a plot of land free of charge.

Thus, a family will receive a negative decision in the event of a change of citizenship or place of residence of one of its members; whether someone has a criminal record for crimes against minors; the child reaches the age of 18; separation of parents and children.

Buying an apartment for cash requires taking certain actions for your safety. The procedure for allocating a share of an apartment from common shared ownership, as well as a list of necessary documents, can be found here. What documents are needed when selling an apartment? Find out about this in our article.

Features of taxation

When selling a plot, you will have to pay personal income tax. However, its size is reduced when a tax deduction is applied or the transaction value is reduced to cover taxes.

Automatically, new owners of plots become taxpayers for it. They are also assigned the right to use a property tax deduction if the plot is intended for individual housing construction or is located under the house they are purchasing.

To clarify whether it is possible to sell land allocated to a large family, you need to refer to the legislation. And the citizen will receive a positive answer. However, this entails financial costs and requires registration of ownership.