Large families have the right to receive a free plot from the state or municipal land fund. To do this, you need to submit an application to the local administration and stand in line for the site. Regions may adopt regulations providing for the payment of compensation instead of a plot if a large family has not yet received it. The amount of payment to large families instead of land may also differ for different constituent entities of the Russian Federation, but, as a rule, it is 250 thousand rubles.
You will learn from our article whether it is possible for large families to receive money instead of a free plot of land in 2021, who can receive compensation, how the amount of compensation is determined in the regions, and for what purposes the funds paid in lieu of a plot can be used.
Cases when payment of compensation is possible
The program for free registration of land plots for large families began operating in 2011. Citizens who are raising their own or adopted children under the age of 18 can apply for such a benefit (if the child is studying in a regular form, then the application can be submitted before he turns 23 years old).
When providing this benefit, the types for which the intended use of the allocated plot of land is allowed are specified in advance:
- Construction of a house suitable for permanent residence, followed by registration of the property as joint ownership in shares for each family member;
- Maintaining personal farming on the site.
On a note! Most often, families raising 3 or more children are allocated plots of 6-15 acres. The allocation of land is allowed both within the city limits and in the surrounding area. In cities of federal significance, it is impossible to obtain land within these boundaries; regional authorities can only offer plots in the region.
It is this reason that often determines the need to replace a site with monetary compensation. But not all parents with many children can count on receiving funds; this benefit is provided only to several categories of citizens:
- Families who do not own another plot of land;
- Citizens who have officially registered their relationship with the civil registry office;
- Families raising 3 or more children under 18 years of age;
- Family members have permanent registration in the region of the Russian Federation where the plot allocated for citizens is located.
Who is entitled to compensation for the land?
A large family by law is a woman who has three or more children, natural or adopted. The rule applies not only to minor citizens, but also to full-time students under 23 years of age.
Who is entitled to compensation for land?
The necessary conditions:
- All participants are recognized as citizens of the Russian Federation.
- The parents are legally married.
- Spouses with many children.
- Parents do not own a plot of land.
- The person submitting the application must have full parental rights. Citizens who were previously deprived of them, but have had them restored, do not apply for a subsidy.
- All participants must live together for at least five years, without moving anywhere (permanent registration).
- The emergency condition of housing, lack of basic amenities (no water, gas, electricity) or small living space.
- The total family income is less than the subsistence level in the region (this point is not taken into account in every region).
Each point must be documented.
How to get money instead of a plot
Compensation is issued in the form of a certificate, which can be used to purchase a residential property or transfer these funds as a mortgage payment.
In order for the government agency to understand that the family wants to receive a certificate, parents must write an application and obtain the consent of all members who have reached the age of majority.
Important! In the absence of such an application, government agencies will consider that a large family is applying for a plot of land.
FAQ
Question No. 1. Do I need to provide proof of purchase of real estate under a certificate?
No. The money is transferred by the administration to the seller directly using the details specified in the application. It is submitted after beneficiaries have chosen a suitable apartment or house. The seller receives funds within 1-3 months.
Question No. 2. Is it possible to buy an apartment using a certificate and then sell it?
Yes, there are no restrictions in this regard, but people with many children need to coordinate all actions with the guardianship authorities, because Here we are also talking about the interests of minors.
Documentation
To receive a compensation payment instead of a land plot, parents must prepare a certain package of documents, which includes:
- Copies of parents’ passports (main page and page indicating registration);
- Copies of birth certificates of all babies and their adoption (if necessary);
- A certificate issued by the PLO, in which a representative of the government agency confirms that there have been no cases of deprivation of parental rights in relation to the parents;
- Certificate of family composition (available at the passport office);
- An extract from the house register indicating that the family is actually registered and lives in the region to which the government agency applied to receive a cash payment;
- A document confirming marriage registration.
Legal regulation
The main points regarding receiving payment in lieu of a land plot for individual construction are reflected in Federal Law No. 161-FZ, which contains information on the interaction between government agencies and citizens in the formation of the construction of residential buildings.
Download for viewing and printing: Federal Law of July 24, 2008 No. 161-FZ “On promoting the development of housing construction”
Filing an application
The collected package of documents is accepted by the local social security (protection) authority. An application is written by one of the parents - for the issuance of a cash certificate instead of an allotment of land. In some regions, an additional application for queuing for a land plot and a family decision to receive a cash certificate will be required. In the latter case, all family members over 18 years of age give their written consent.
Alternative serving options:
- Through the State Services website. To do this, you must have a verified account.
- Through MFC. You will need to pre-register for an appointment on the State Services portal.
- By email (the method is claimed to be effective, but is rarely used in practice).
After completing the application and fully checking the provided data, spouses with many children are put in line to receive compensation assistance. Not only documented information is checked, but also the living conditions of citizens applying for cash payments. To do this, a social security representative can visit the residents and carry out the necessary checks.
What to do in case of refusal?
The reason for refusal is always justified by the commission. If the comments are not clear, you can seek more detailed explanations by making an appointment with the specialist who accepted the application. If the applicant does not agree with the refusal, there are compelling reasons, you can challenge it:
- Submit a re-application to the Social Security Administration. It is advisable to do this if the comments to the decision indicated shortcomings that can be corrected (for example, not all documents were submitted or an error was made in the application).
- File a claim with the district court - you must attach the collected package of documents to receive compensation and the decision of the social security authority. The case is considered by the court within a month.
In the latter case, the plaintiff can be either one or both spouses. The claim should be drawn up in three copies - the first for yourself, the second sent to the defendant, the third to the court. A positive decision of the judicial authority comes into force after a month. After this, apply to social security again, attaching a court decision to the application. If you disagree with the verdict of the district court, you can file a complaint with the regional authority.
Receipt procedure
The stated period for consideration of an application for compensation for a land plot is 45 working days. At the same time, social security authorities stipulate a waiting period in line before accepting an application - 15 working days. So in total you will have to wait more than two months to receive a certificate for money instead of land.
The result in practice is different. The result – what a large family will ultimately receive – depends on the region:
- Money in lieu of a plot of land is issued in large municipalities, where the budget is designed for this, and in dense buildings, where large families are registered.
- If the region has a low budget, but there are free plots, parents will be offered the option of land.
- In large cities with a sufficient number of new buildings, sometimes they give not money, but apartments. In most cases, social security provides the right to choose.
- The administration may offer assistance in the form of construction materials - instead (or partially) instead of financing.
- Municipalities with smaller budgets, but a large number of rural settlements, implement social assistance in the form of transfer of ownership of houses.
Reasons why the amendments were adopted
The issue of paying money in exchange for land became relevant after the Federal Law came into force in 2011, according to which such entities could obtain ownership of the land. Why did they decide to replace the allotment with money:
- In megacities (Moscow, St. Petersburg, etc.) it is not possible to allocate an allotment within the municipality where spouses with many children are registered.
- As compensation, land was offered, located at a considerable distance from the place of residence. This is inconvenient, because... parents have permanent jobs, children are already enrolled in kindergarten or school.
- Unsuitability of the soil or landscape for farming.
- Lack of funds for construction. A plot of land is not a ready-made house or apartment, and even farming requires the presence of outbuildings, greenhouses, fences, etc. Therefore, many had to refuse the offered options and wait for a new turn.
Thus, with the help of your own land territory it is not always possible to eliminate the housing problem of large families. Since the spring of 2021, the issue has finally been resolved - now you can get money instead of land.
Purposes of using funds paid in lieu of the site
If regional authorities have decided on the possibility of replacing the state support measure in the form of providing land with compensation, citizens must confirm that the funds received will be used for their intended purpose. If confirmation is not provided, parents may lose their right to a refund.
Attention! According to current legislation, money can only be used to improve the family’s living conditions.
Therefore, the target direction in the use of funds is implied in performing one of the following actions:
- Purchasing a new apartment or country house;
- Carrying out repair work in existing housing;
- Construction of an extension to a finished residential building;
- Repayment of a mortgage issued for the purchase of residential premises;
- Payment of the down payment on a mortgage loan that was taken out to purchase an apartment or residential building.
What can you spend the money received in exchange for land on?
The state issues funds to spouses with many children in the form of a certificate. Essentially, this is a document giving the right to financial assistance from the municipality. You can't buy everything you want. It can only be used to improve living conditions:
- Buying an apartment, house or other residential premises.
- Repair of housing owned by the subject.
- An addition is an extension to an existing house, including its layout.
- Residential property mortgage: making a down payment or paying it off.
If the mother or father has already received a certificate for maternal capital, it can be used to purchase housing simultaneously with a land subsidy. It is allowed to purchase living space in any locality, regardless of the applicant’s registration.
The main mistakes of citizens
There are several mistakes that parents with many children encounter when trying to receive monetary compensation instead of a plot of land:
- A mother raising her children alone was deprived of parental rights, and then restored to them for all three children. When trying to apply for compensation instead of a land plot to a government agency, the citizen was faced with a refusal. If a parent or both parents at once have been deprived of their parental rights, then they cannot apply for a plot of land or compensation payment, regardless of whether they have such rights at the time of application;
- A large family refused to receive compensation instead of a land plot, since two children were adopted. A family raising three or more children can apply for monetary compensation, regardless of whether all the children are related to their parents or not.
In which regions of Russia is money paid?
Since 2015, constituent entities of the Russian Federation have been allowed to issue large families with cash compensation instead of land plots for independent purchase of land, construction of housing or repayment of mortgages. Money for compensation is allocated from the regional budget, so not all regions took this step. The first to support the law were regions without free land - the federal cities of Moscow and St. Petersburg, where there are no land plots for large families at all. Further regions were added to this list, so in 2020 money instead of land can be received in the following subjects:
- Moscow
- Moscow region
- Saint Petersburg
- Leningrad region
- Kaliningrad region
- Amur region
- Orenburg region
- Novosibirsk region
- Volgograd region
- Tyumen region
- Khanty-Mansiysk Autonomous Okrug-Yugra
- Murmansk region
- Sverdlovsk region
- Perm region
- Chelyabinsk region
- Vologda Region
- Astrakhan region
- Tula region
- Nizhny Novgorod Region
Compensation amount in 2021
In each region, the amount of payment for a land plot is different. In most regions the payment is 250 thousand rubles. But there are constituent entities of the Russian Federation where the amount of compensation is larger. There are regions that pay per family member, so if there are more than 5 people in the family, the amount of payments will be higher. Most often, this is a fixed payment that a large family receives.
For example, the amount of compensation in 2021 for large families in the following regions:
- St. Petersburg — 369,779 rubles
- Kaliningrad region - 300,000 rubles
- Orenburg region - 200,000 rubles
- Khanty-Mansiysk Autonomous Okrug-Yugra - 457,000 rubles
- Murmansk region - 340,000 rubles
- Sverdlovsk region 210,000 rubles
- Perm region - 250,000 rubles
- Chelyabinsk region - 251,000 rubles lei
- Vologda region - 223,000 rubles
- Astrakhan region - 200,000 rubles
- Tula region - 200,000 rubles
- Arkhangelsk region - 210,000 rubles
I would like to note that in the regions there are additional requirements for obtaining land. Each region has its own, so it is advisable to carefully study the regional requirements. For example, the number of years lived in the region, the age of children, the presence of more than one residential premises in the property, all this can be the reason for refusal to be placed on the waiting list.
