How to find out what is your turn on a plot of land?
According to the rules, queues for obtaining a land plot are established in specialized departments of the locality administration. In particular, to regulate the land resource of the region, departments and committees on land issues have been created in the departments of regional and district executive committees. Their activities must be transparent and provide the requested information upon request, if they do not affect the property interests of third parties.
So, we have already answered the question: “where to get on the waiting list for a plot of land” (you need to contact the special departments of the administration of your city or other locality). Now is the time to sort out the nuances.
When deciding on priority for real estate, there should be no obstacles to informing interested parties. The answer can be obtained:
- in writing, in the form of an official document;
- in oral form;
- in the form of electronic information on the official website;
- in the form of an electronic statement.
When visiting in person, an application written to the head of the executive committee is submitted, which is submitted to the authorized department. It must be registered in order to avoid technical and other errors. Upon this request, an official certificate will be issued, indicating the queue number, approved by an authorized official.
An oral response can be obtained either in person to the authorized department or by telephone call. To identify the person on the waiting list, personal data is used; for a personal visit, a passport is presented.
Many, but not all, localities have organized an electronic queue . It is located on the official website of the local administration. You can view the queue list for a land plot:
- directly on the administration website;
- through search engines Yandex, Google and others.
When searching for a number online, you need to enter the wording in the search engine: “ electronic queue for a plot of land in (specify which) locality .” If nothing is found by request, in order to check the queue you will have to apply for information in the first way. If there is a queue, the search results may not only be successful, but also provide a better user experience. For example:
- will allow you to generate a request for the issuance of an electronic statement, with a certified electronic signature of an authorized official.
- Provide information in your personal account about the area in which the lands on the waiting list are located.
You now know how to find out the queue for receiving a plot of land, but what to do if your task is to get on the queue? Read on.
How to register a self-occupied land plot for a large family?
Sometimes desperate large families occupy a piece of municipal land that is not in use. It should be understood that they are committing an administrative offense corresponding to Article 7.1 of the Code of Administrative Offenses of the Russian Federation. But sometimes you have to take risks. In order for risks to be minimized, you should get ahead of the administrative authorities and start registering the site. In this case there will be more chances.
You should, in the same way, contact the administration to an authorized official and write a statement to the head of the executive committee with a request to provide a specific plot for building a house or other needs. It is likely that citizens will meet the needs halfway and be issued an act of allotment of the site. Otherwise, if refused, you should go to court.
The statement of claim should reflect all the available reasons that pushed a large family to squatter, and also indicate:
- The family is in dire need of obtaining a land plot; obtaining one in any other way was impossible.
- Municipal lands were in an abandoned state and were not used for their intended purpose.
- The use of the lands by the plaintiff brought benefits to the region, the lands began to return to their proper form.
- The use of the memory did not violate urban planning and other norms.
These provisions should be confirmed by the maximum amount of official papers and testimony. The court decision has legal force equal to the administrative act on the allocation of land plots. On its basis, recognition of ownership and registration in Rosreestr is allowed.
The free provision of land plots to large families should be used if you know the procedure for obtaining an allotment. This is a good help for improving the living standards of socially disadvantaged segments of the population.
Queuing: step-by-step instructions
Citizens who are not on the waiting list for landfills have the right to join the queue for free provision of landfills, provided that they belong to the category of socially protected groups of the population. For example:
- large families;
- persons with disabilities;
- low-income families.
Individual regions form their own criteria for persons who fall under the waiting list category. For example, they could be families in which WWII veterans or participants in other military operations live, emergency liquidators and similar specialists. Persons interested in applying to receive a certain category of land plots free of charge are required to take the initiative themselves, learning about their right.
It is necessary to distinguish between municipal and federal programs for providing citizens with land. If the municipality, that is, the local executive committee, provides certain benefits, then federal resolutions on the transfer of land for use are subject to categorical execution. These include the transfer of rights to plots to large families raising three or more children.
In order to become a person on the waiting list , you need to go to the department for land issues and write an application addressed to the head of the local administration. It can be drawn up on a form provided directly by the institution, or it can also be written by hand in any form. In this case, you should succinctly state the circumstances according to which the family can improve their living conditions only by registering a land plot in ownership.
Documents are attached to the application:
- passports of husband, wife and children under 14 years of age;
- marriage (divorce) certificate;
- children's birth certificates;
- family income certificate;
- an extract from the house or apartment register.
If a woman has the status of a single mother , a supporting certificate must be presented. If dependents, disabled people, etc. live in the same family. – supplement the package of documents with extracts and certificates of the relevant nature.
After considering the application for placement on the waiting list, the applicant will be provided with an extract from the decision of the administrative commission. It will contain information about inclusion on the waiting list. Sometimes the commission is rejected for technical reasons, due to errors made when collecting documentation or filling out the application form. It is permissible to correct such errors and resubmit the documents.
If the refusal is unlawful, a statement of claim should be filed in which the defendant will be the official who violated the property rights of citizens.
In Russia, large families have the right to receive land plots from regional authorities or monetary compensation
In most Russian regions, one of the benefits for large families is the free provision of land plots. This is a federal norm, regulated by the Land Code (clause 6, article 39.5 of the Land Code of the Russian Federation). In June 2021, amendments were made to the code to clarify the cases of provision of land plots in state or municipal ownership for rent at auction and without auction. This also applies to the provision of land to large families.
We tell you what's new in the law, how the provision of land plots is regulated, who can receive them and what needs to be done for this.
Rules for the provision of plots
The Land Code establishes the possibility for large families to obtain a plot of land. The Ministry of Regional Development has developed methodological recommendations on what conditions, where and how to allocate land to large families. But local authorities themselves set the rules for allocating land for a third child; they can accept these recommendations or do so at their own discretion.
In different regions, the conditions for obtaining plots may differ significantly - in some it is possible to receive monetary compensation (“land certificate”) instead of land. Also, requirements for submitting applications, forming a queue, etc. may differ in regions. Therefore, the rules that govern the allocation of land plots to large families should be studied on the website of local administrations. submitting applications, forming a queue and paying compensation are determined by the regions.
For example, in the Moscow region, the conditions for allocating free plots to large families are established by law dated 06/01/2011 No. 73/2011-OZ. It was amended in May 2021. Now the applicant can submit documents for registration to the local government body, but also through multifunctional public service centers, as well as electronically through the regional public services portal.
Who can get land for free
In order to receive a free plot of land, the applicant must first stand in line. For an application to be accepted, a large family in the Moscow region must meet the following criteria:
- all family members must be Russian citizens;
- parents must be married and reside in the territory of the Moscow Region for at least five years. This must be confirmed by permanent registration. Land can also be given to a single parent;
- three or more children must be under 18 years of age and also be registered and reside in the Moscow region. Adopted children are also taken into account;
- members of a large family should not own a plot of land with an area of six acres or more in the Moscow region, under the right of lifelong inheritable ownership or permanent ownership. It is also prohibited to alienate and divide plots of the same area owned by them;
- members of a large family should not be owners of residential buildings in the Moscow region.
A plot of land is not available to families who own, for example, a dacha
What documents to prepare
The list of documents is also established by regional authorities; it may differ depending on the region. Everywhere you will need an application, passports of all family members, a document confirming the status of a large family. In the Moscow region, you will also need to provide a certificate of marriage or divorce, or death of a spouse, confirmation of registration at the place of residence in the region, an extract from the Unified State Register of Real Estate (usually local authorities themselves request the Unified State Register from other departments).
How long does it take to review documents?
The time frame for making a decision on placing an applicant on the waiting list does not take long, but the time frame for providing free plots is not regulated in any way. Therefore, the wait for the long-awaited site may take years. Moreover, all this time, a large family must meet the above criteria. If they move to another region, change their family composition, or purchase housing and land with an area of 6 acres or more, they drop out of this program. In a region, several thousand families may be on the waiting list, and, for example, several hundred plots of land may be allocated per year, or even less.
Local governments of urban districts of the Moscow region annually, no later than February 1 of the current year, approve a list of lands to be provided to large families. The list of lands indicates the location of the plots, their area, and cadastral numbers. It is published on the local administration website.
What areas can you get for free?
According to the law of the Moscow region, large families can obtain a land plot of 10 acres for free - this is the minimum size. The maximum size is 15 acres. “If the size of the plot is less than the minimum size, and the written consent of the applicant to receive such a plot of land is provided, then the size of the land plot is considered the maximum minimum,” the document says.
The family cannot independently choose either the plot or the area where it is located. The authorities annually create lists of available land and propose what is available. Lists of plots for those on the waiting list from large families are posted annually on the official portal of the Moscow region. Issuance of free land in the Moscow region
In total, at the beginning of 2021, according to the regional government, in the Moscow region there were about 42 thousand people in line to receive free land plots, and about 26 thousand people have received them since the start of this program. Thus, the program's coverage is 62%. At the same time, in the Moscow region as a whole, of all the allocated free lands, 19.2 thousand plots are provided with electricity, just over 700 with water supply, 1.5 thousand with gas, and 19.5 thousand plots with roads.
Thus, in July 2021, it was agreed to provide 41 land plots with an area of almost 5 hectares to 11 urban districts. They will be received by 12 families in Istra, six families each in Bronnitsy, Yegoryevsk, Solnechnogorsk, three families each in Shatura, two families each in Stupino and Zaraysk, one family each in Odintsovo, Kolomna, Sergiev Posad and Pushkin. The distribution of plots to those on the waiting list will begin before September of this year.
In each of the districts and urban districts of the region, the situation is different both with regard to the provision of sites and the presence of any infrastructure in them. Thus, the site may be far from populated areas, roads, and especially any communications (water, electricity, gas, etc.) and infrastructure. It may turn out that such a plot is not suitable not only for living, but also for gardening, and the investment in its development can be huge, and in some cases more expensive than buying a small plot with communications.
What's next
If after many years you have waited for a free plot of land, then you need to register it as your property. According to the law, it will be shared equally by all members of a large family. Part of the costs of land surveying and cadastral registration should be borne by the local administration. How to receive payment instead of land
In some regions there are problems with allocating land plots to large families, and first of all creating the necessary infrastructure for life. In order to avoid standing in line for many years, local authorities offer monetary compensation instead of a land plot. Recently such an initiative was launched in Tyumen. Now people with many children can choose between receiving a plot of land or a cash payment for it. A similar program will work in Bashkiria. The amount of compensation in the bill is indicated at 250 thousand rubles. In Perm, compensation for land is promised to be paid to 200 families annually.
Preferential queue for obtaining a land plot for disabled people
As a rule, the administrative commission places persons with disabilities in a special queue , which significantly increases their chances of receiving an allotment. This queue includes the following persons:
- disabled since childhood;
- disabled due to illness;
- disabled due to a work-related injury;
- disabled children.
certificates of disability of persons are presented as . For minors, the procedure differs in that their interests are represented by their parents. Accordingly, the documents include:
- passports of parents and children over 14 years of age;
- certificate of disability of the child;
- certificate of registration at the place of residence.
Other documents may be attached at the request of the administrative commission. However, if the family where the disabled child or parent lives is large, documents confirming this fact should be attached to the application at the time of submission.
After reviewing the application, the family will be put on a waiting list, or the reasons for the refusal will be indicated, which can be corrected or challenged in court.
The promotion of those on the waiting list for obtaining a land plot allows for control by interested parties, through a direct personal visit to the administration or using telephone calls and website services.
Possible actions in case of refusal
A reasoned refusal can be issued in several cases:
- documents are filled out incorrectly;
- insufficient documents provided;
- the family does not qualify for the program;
- The program is not being implemented in the locality.
If there is a technical problem, it is easy to fix. The reasoned statement will indicate the mistakes made, which should be canceled and the application resubmitted.
If, according to certain criteria, a family does not qualify for the program , for example, it is provided with adequate housing and has a high income, it is permissible to go to court and prove that it needs the plot. In other cases, going to court is pointless. These include criteria developed by regional and local acts.
For example, most regions establish as mandatory conditions:
- period of residence in the region for at least 5 years (or another period);
- no deterioration of housing within a specified period.
If the applicants do not have Russian citizenship, registration in the locality, or the development of this program in the region has been officially canceled, there is no point in going to court.
It will be useful for you to read the article : How to get a plot of land for FREE for a young family in just 1 step?
